END USER LICENSE AND WARRANTY AGREEMENTYOU SHOULD CAREFULLY READ THE FOLLOWING END USER LICENSE AND WARRANTY AGREEMENT BEFORE INSTALLING, DOWNLOADING OR OTHERWISE USING THIS SOFTWARE PROGRAM. IF YOU DO NOT AGREE WITH THE TERMS OF THIS AGREEMENT, YOU MAY NOT INSTALL, DOWNLOAD OR OTHERWISE USE THE SOFTWARE PROGRAM AND MUST IMMEDIATELY RETURN IT FOR A REFUND FROM YOUR VENDOR.This software program, any printed materials, any on-line or electronic documentation, and any and all copies and derivative works of such software program and materials (collectively, the “Program”) are the copyrighted work of D3Publisher of America, Inc. (“Company”), its parent, subsidiaries, affiliates, licensors and/or its suppliers. All use of the Program is governed by the terms of the End User License and Warranty Agreement that is provided below (“License Agreement”). The Program is solely for use by end users according to the terms of the License Agreement. Any use, reproduction or redistribution of the Program not in accordance with the terms of the License Agreement is expressly prohibited.1. Limited Use License. Company hereby grants, and by installing, downloading or otherwise using the Program you thereby accept, a limited, non-exclusive, non-transferable license and right to install one (1) copy of the Program for your use on either a home or portable computer or gaming console, as applicable. You may not network the Program or otherwise install it or use it on more than one computer or gaming console, as applicable, at any one time. The Program is licensed, not sold, for your use. Your license confers no title or ownership in the Program and should not be construed as any sale of any rights in the Program.2. Ownership. All title, interest, ownership rights and intellectual property rights in and to the Program (including but not limited to any titles, computer code, themes, objects, characters, character names, stories, text, dialog, catch phrases, locations, concepts, artwork, images, photographs, animations, video, sounds, musical compositions, audio-visual effects, methods of operation, moral rights, any related documentation, and “applets” incorporated into the Program), the accompanying printed materials, and any and all copies of the Program, are owned by Company or its licensors. This License Agreement grants you no right to use such content other than as part of the Program. The Program is protected by the copyright laws of the United States, international copyright treaties and conventions and other laws. All rights not expressly granted under this License Agreement are reserved by Company and its licensors. The Program may contain certain licensed materials and Company’s licensors may act to protect their rights in the event of any violation of this License Agreement.3. Responsibilities of End User.A. Subject to the grant of license hereinabove, you may not, in whole or in part, copy, photocopy, reproduce, translate, reverse engineer, derive source code from, alter, modify, adapt, disassemble, decompile, or create derivative works based on the Program, or remove any proprietary notices or labels on the Program without the prior consent, in writing, of Company.B. The Program is licensed to you as a single product. Its component parts may not be separated for use on more than one computer or gaming console, as applicable.C. You are entitled to use the Program for your own use, but you are not entitled to:(i) sell or transfer reproductions of the Program to other parties in any way, or to rent, lease, license, or sub-license the Program to others without the prior written consent of Company; or(ii) exploit the Program or any of its parts for any commercial purpose including, but not limited to, use at a cyber café or any other location-based site. Company may offer a separate Site License Agreement to permit you to make the Program available for commercial use; contact Company for details.D. You shall be solely responsible for the storage of any and all data and information with respect to the Program. It is your sole responsibility to back-up to another secure location, on a regular basis, any data files concerning your use of the Program. Company is in no way responsible for protecting and/or backing-up such information and shall have no liability for lost or corrupted data.4. Program Transfer. You may permanently transfer all of your rights under this License Agreement, provided the recipient agrees to the terms of this License Agreement, and you agree to remove the Program from your home or portable computer or gaming console, as applicable.5. Termination. This License Agreement is effective upon your installation or first use of the Program and shall continue until terminated. You may terminate the License Agreement at any time by destroying the Program. Company may, at its discretion, revoke this License Agreement or terminate this License Agreement in the event that you fail to comply with any provision of this License Agreement, or any terms and conditions associated with the Program. In such event, you must immediately destroy the Program.6. Export Controls. The Program may not be re-exported, downloaded or otherwise exported into (or to a national or resident of) any country to which the U.S. has embargoed goods, or to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Denial Orders. By installing the Program, you agree to the foregoing and represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list. If you live in such a country, no license is granted hereunder.7. Limited Warranty. YOU EXPRESSLY AGREE THAT USE OF THE PROGRAM IS AT YOUR SOLE RISK. THE PROGRAM IS PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. COMPANY AND ITS LICENSORS EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS, WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, AND THOSE ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE, REGARDING THE PROGRAM. ANY WARRANTY AGAINST INFRINGEMENT THAT MAY BE PROVIDED IN SECTION 2-312(3) OF THE UNIFORM COMMERCIAL CODE AND/OR IN ANY OTHER COMPARABLE STATE STATUTE IS EXPRESSLY DISCLAIMED. COMPANY AND ITS LICENSORS ASSUME NO RESPONSIBILITY FOR ANY DAMAGES SUFFERED BY YOU, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA, ITEMS OR OTHER MATERIALS FROM ERRORS OR OTHER MALFUNCTIONS CAUSED BY COMPANY, ITS LICENSORS, LICENSEE AND/OR SUBCONTRACTORS, OR BY YOUR OR ANY OTHER PARTICIPANT’S OWN ERRORS AND/OR OMISSIONS. Neither the Company nor its parent, subsidiaries, affiliates, licensors and/or its suppliers are responsible for interrupted or unavailable network server or other connections, miscommunications, failed telephone or computer transmissions, or technical failure, jumbled, scrambled or misdirected transmissions, or other errors of any kind whether human, mechanical or electronic or for phone, electrical, network, computer hardware or software program malfunctions, failures or difficulties, or for ISP/network/Web site accessibility or unavailability. You are responsible for assessing your own computer or gaming console, as applicable, and the results to be obtained therefrom. The entire risk arising out of use or performance of the Program remains with you. Notwithstanding anything to the contrary contained herein, and solely with respect to the Program distributed on recordable media, Company warrants to the original consumer purchase of this Program on recordable media that the recording medium on which the Program is recorded will be free from defects in material and workmanship for 90 days from the date of your purchase of the Program. This warranty is limited to the recording medium containing the Program as purchased and is not applicable to normal wear and tear. Any implied warranties prescribed by statute are expressly limited to the 90-day period described above. If the recording medium is found defective within 90 days of original purchase, you may return the Program and all accompanying materials along with your original receipt to the place you obtained it for a full refund or replacement, subject to such retailers return policy. Any implied warranties prescribed by statute are expressly limited to the 90-day period described above. This warranty shall not be applicable and shall be void if: (A) the defect in the Program has arisen through abuse, unreasonable use, mistreatment, or neglect; (B) the Program is used with computer software or hardware not meeting the minimum systems requirement for the Program; (C) subject to Paragraph 3.C, the Program is used for commercial purposes (including rental); (D) the Program is modified or tampered with; or (E) the Program’s serial number has been altered, defaced, or removed. This is your sole and exclusive remedy for any breach of warranty.8. LIMITATION OF LIABILITY. YOU ACKNOWLEDGE AND AGREE THAT COMPANY AND ITS LICENSORS SHALL NOT ASSUME OR HAVE ANY LIABILITY FOR ANY ACTION BY COMPANY OR ITS CONTENT PROVIDERS, OTHER PARTICIPANTS, OR OTHER LICENSORS WITH RESPECT TO CONDUCT, COMMUNICATION, OR CONTENT OF THE PROGRAM. COMPANY AND ITS LICENSORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES RESULTING HEREUNDER IN ANY MANNER, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EXCEPT AS EXPRESSLY PROVIDED HEREIN, COMPANY’S AND ITS LICENSORS’ ENTIRE LIABILITY TO YOU AND YOUR EXCLUSIVE REMEDY FOR ANY BREACH OF THIS LICENSE AGREEMENT IS LIMITED SOLELY TO THE TOTAL AMOUNT PAID BY YOU FOR THE PROGRAM, IF ANY. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN DAMAGES, IN SUCH STATES COMPANY’S AND ITS LICENSORS’ LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW.9. Equitable Remedies. You hereby agree that Company would be irreparably damaged if the terms of this License Agreement were not specifically enforced, and therefore you agree that Company shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of this License Agreement, in addition to such other remedies as Company may otherwise have available to it under applicable laws.10. Indemnity. At Company’s request, you agree to defend, indemnify and hold harmless Company, its affiliates and licensors from all damages, losses, liabilities, claims and expenses, including attorneys’ fees, arising directly or indirectly from your acts and omissions to act in using the Program pursuant to the terms of this License Agreement or any breach of this License Agreement by you.11. U.S. Government Restricted Rights. Program and documentation have been developed entirely at private expense and are provided as “Commercial Computer Software” or “restricted computer software.” Use, duplication or disclosure by the U.S. Government or a U.S. Government subcontractor is subject to the restrictions set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clauses in DFARS 252.227-7013 or as set forth in subparagraph (c)(1) and (2) of the Commercial Computer Software Restricted Rights clauses at FAR 52.227-19, as applicable. The Contractor / Manufacturer is D3 Inc., a Japanese company, with offices at Shibuya Square A 2F, 9-5 Dogenkaza 1-chrome, Shibuya-ku, Tokyo 150-0043, Japan.12. Miscellaneous. You may not use, copy, modify, sublicense, rent, sell, assign or transfer the rights or obligations granted to you in this License Agreement, except as expressly provided in this License Agreement. Any assignment in violation of this License Agreement is void, except that you may transfer your Program to another person provided that person accepts the terms of this License Agreement in accordance with Paragraph 4 hereof. Company’s failure to enforce at any time any of the provisions of this License Agreement shall in no way be construed to be a present or future waiver of such provisions, nor in any way affect the right of any party to enforce each and every such provision thereafter. The express waiver by Company of any provision, condition or requirement of this License Agreement shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement. Notwithstanding anything else in this License Agreement, no default, delay or failure to perform on the part of Company shall be considered a breach of this License Agreement if such default, delay or failure to perform is shown to be due to causes beyond the reasonable control of Company. This License Agreement shall be deemed to have been made and executed in the State of California, and any dispute arising hereunder shall be resolved in accordance with the law of the State of California. You agree that any claim asserted in any legal proceeding by one of the parties against the other shall be commenced and maintained in any state or federal court located in Los Angeles County, California, having subject matter jurisdiction with respect to the dispute between the parties. This License Agreement may be amended, altered or modified only by an instrument in writing specifying such amendment, alteration or modification, which is executed by both parties. In the event that any provision of this License Agreement shall be held by a court or other tribunal of competent jurisdiction to be unenforceable, such provision will be enforced to the maximum extent permissible and the remaining portions of this License Agreement shall remain in full force and effect.You hereby acknowledge that you have read and understand the foregoing License Agreement and agree that the action of installing, downloading or otherwise using the Program is an acknowledgment of your agreement to be bound by the terms and conditions of the License Agreement contained herein. You also acknowledge and agree that this License Agreement is the complete and exclusive statement of the agreement between Company and you and that the License Agreement supersedes any prior or contemporaneous agreement, either oral or written, and any other communications between Company and you, including any inconsistent written license agreement accompanying the Program.If you have any questions concerning this License Agreement, you may contact D3Publisher of America, Inc. at 11500 W. Olympic Boulevard, Suite 460, Los Angeles, CA 90064, (310-268-0820), Attn: support@d3p.us.Game and Software ©2009 Wideload Games, Inc. Published and distributed worldwide exclusively by D3Publisher or its affiliates. Developed by Wideload Games, Inc. Texas Cheat’em, Wideload Games, and their respective trademarks are trademarks or registered trademarks of Wideload Games, Inc. D3PUBLISHER and its logo are trademarks or registered trademarks of D3Publisher of America, Inc. Powered by Gamebryo. All other trademarks are the property of their respective owners. All rights reserved.