LIMITED SOFTWARE WARRANTY AND LICENSE AGREEMENTYOUR USE OF THIS SOFTWARE IS SUBJECT TO THIS LIMITED SOFTWARE WARRANTY AND LICENSE AGREEMENT (THE "AGREEMENT") AND THE TERMS AND CONDITIONS SET FORTH BELOW. THE "SOFTWARE" INCLUDES ALL SOFTWARE INCLUDED WITH THIS AGREEMENT, THE ACCOMPANYING MANUAL(S), PACKAGING AND OTHER WRITTEN, ELECTRONIC OR ON-LINE MATERIALS OR DOCUMENTATION, AND ANY AND ALL COPIES OF SUCH SOFTWARE AND ITS MATERIALS. BY OPENING THE SOFTWARE PACKAGING, INSTALLING, AND/OR USING THE SOFTWARE, YOU HEREBY ACCEPT ALL OF THE PROVISIONS OF THIS LICENSE WITH BIOWARE CORP. ("LICENSOR").LICENSE. Subject to your compliance with all of the terms and conditions of this Agreement, LICENSOR hereby grants you the non-exclusive, non-transferable, limited right and license (without any rights of sublicense) to use one copy of the Software for your personal use on a single home computer or portable computing device. The Software is being licensed to you and you hereby acknowledge that no title or ownership right or interest in or to the Software (or in any related materials furnished with the Software) is being transferred or assigned to you, and this Agreement shall not be construed as a sale of the Software or of any rights or interests in or with respect to the Software. All rights not specifically granted to you under this Agreement are expressly reserved by LICENSOR and, as applicable, its respective licensors, and 2K Games , a wholly owned subsidiary of Take Two Interactive Software("2K Games")OWNERSHIP. LICENSOR and its respective licensors and 2K, as applicable, retain all rights, title and interests in and to the Software, including, but not limited to, all copyrights, trademarks, trade secrets, trade names, patents, titles, computer codes, audiovisual effects, themes, characters, character names, stories, dialog, settings, artwork, sounds effects, musical works, moral rights and other proprietary rights of every kind and nature. The Software is protected by United States copyright law and applicable copyright laws and treaties throughout the world. The Software contains certain materials that have been licensed from third parties, and such persons and entities are entitled to protect their rights and interests in and to such materials in the event of a breach or default of any of the provisions of this Agreement. The Software may not be copied, reproduced or distributed in any manner or medium, in whole or in part, without LICENSOR's prior written consent; provided, however, you may make one (1) copy of the Software for backup archival purposes only in support of your personal use of the Software hereunder. Any persons copying, reproducing, sublicensing or otherwise distributing all or any portion of the Software in any manner or medium, will be willfully violating applicable copyright laws and may be subject to civil and criminal penalties. Be advised that Copyright violations in the U.S. are subject to penalties of up to $100,000 per violation.LICENSE CONDITIONS. You agree and covenant not to:(a) Commercially exploit the Software;(b) Distribute, lease, license, sell, rent, sublicense, or otherwise transfer or assign this Software, or any copies of this Software, without LICENSOR's prior written consent;(c) Make copies of the Software or any part thereof, except for back up archival purposes (as set forth above);(d) Except as specifically required for the authorized use or operation of the Software (as referenced in the documentation materials for the Software) install and/or use the Software (or permit others to do same) on a network, for on-line use, or on more than one computer, computer terminal, workstation or other computing device at the same time;(e) Copy or load the Software onto a hard drive (or other storage device) for more than one computer simultaneously or otherwise configure such storage device so that it provides the opportunity for you and any other individual(s) to use the Software at more than one computing device;(f) Use or copy the Software at a computer gaming center or any other location-based entertainment site;(g) Reverse engineer, decompile, disassemble or otherwise attempt to discover or derive any of the source code or structural framework of the Software, in whole or in part;(h) Create any derivative work based upon or otherwise derived from the Software (or any portion thereof), nor alter, translate, port, convert or otherwise modify any portion of the underlying computer code and/or audiovisual works of or concerning the Software other than as expressly permitted in the Section entitled "The Software Utilities", below;(i) Remove or modify any copyright, trademark or other proprietary notices or labels contained on or displayed within the Software; and(j) Transport, export or re-export (directly or indirectly) into any country forbidden to receive such Software by any U.S. export laws or accompanying regulations or otherwise violate such laws or regulations, that may be amended from time to time.THE SOFTWARE UTILITIES.If the Software contains a level editor or other similar type tools or utilities (collectively, the "Software Utilities") that permit you to construct or customize new game levels and other related game elements in connection with your personal use of the Software ("Customized Game Materials") then the use of the Software Utilities is subject to the following additional terms, conditions and restrictions:(a) All Customized Game Materials created by you are and shall be exclusively owned by LICENSOR (and its respective licensors, as applicable) and you hereby transfer, assign and convey to LICENSOR all rights, title and interests in and to the Customized Game Materials and LICENSOR (and its licensors, as applicable) may use any and all Customized Game Materials for any purpose whatsoever, including, without limitation, for purposes of advertising and promoting the Software;(b) You must not use or permit third parties to use the Software Utilities and the Customized Game Materials created by you for any commercial purposes, including, but not limited to, distributing, leasing, licensing, renting, selling, or otherwise exploiting, transferring or assigning the ownership of any of the Customized Game Materials;(c) Customized Game Materials must be distributed alone and solely for free, and must not contain a usable copy of the Software;(d) Customized Game Materials shall not contain modifications to any of the Software's executable files except for such limited files as are specifically required to be modified in order to create any such expressly authorized Customized Game Materials;(e) Customized Game Materials are authorized to be created only if the Customized Game Materials will be used exclusively in combination with the commercially released retail version of the Software;(f) Customized Game Materials must not contain libelous, defamatory or other illegal material, or material that is scandalous or offensive, or that invades the rights of privacy or publicity of any third party, or that violates or infringes any trademarks, copyright or other intellectual property right of any third parties; and(g) All Customized Game Materials must contain proper credits for the author(s) of the Customized Game Materials and must indicate that LICENSOR is not the author of the Customized Game Materials, and must indicate that "THIS MATERIAL IS NOT MADE, GUARANTEED OR SUPPORTED BY 2K GAMES (THE PUBLISHER OF THE SOFTWARE) OR BIOWARE CORP. (THE DEVELOPER OF THE SOFTWARE) OR ANY OF THE AFFILIATES OF SUCH ENTITIES."LIMITED WARRANTY: LICENSOR warrants to you (but only if you are the initial and original licensee of the Software) that the original storage medium within which the Software is encoded will be free from defects in material and workmanship under normal use and service for 90 days from the date on which you received the Software (as evidenced by your receipt). If for any reason you find a defect in the storage medium during the warranty period, and provided LICENSOR is able to replicate and verify that such defective condition exists, LICENSOR agrees to replace, free of charge, any storage medium (including the Software contained therein) discovered to be defective within the warranty period as long as the Software is then-currently in LICENSOR's inventory or scheduled to be manufactured by or for LICENSOR. If the Software is no longer available, LICENSOR retains the right to substitute a similar program of equal or greater value. This warranty is limited to the storage medium containing the Software as originally provided by LICENSOR and is not applicable to normal wear and tear. This warranty shall not be applicable and shall be void if the defect has arisen through abuse, mistreatment, or neglect, or any other cause unrelated to defective materials or workmanship. Any implied warranties prescribed by statute and that are not effectively disclaimed hereunder are expressly limited to the 90-day period described above.Except as set forth above, this warranty is in lieu of all other warranties, whether oral or written, express or implied, including any implied warranties of merchantability, fitness for a particular purpose or non-infringement, and LICENSOR expressly disclaims all other warranties with respect to the Software and any services furnished in connection with this Agreement, and no other representations or warranties of any kind shall be binding on LICENSOR. LICENSOR shall not be liable for any loss or damage as a consequence of or arising out of the interruption or loss of use of the Software or any other items or services provided by LICENSOR hereunder.When returning any defective media that contains the Software in accordance with the limited warranty set forth above, please only send the defective media to LICENSOR's address as specified below and please include the following: your name and return address; a photocopy of your dated sales receipt; and a brief note describing the defect and the system on which you attempted to install and run the Software.IN NO EVENT WILL LICENSOR OR PUBLISHER BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL AND/OR PUNITIVE DAMAGES RESULTING FROM POSSESSION, USE OR INABILITY TO USE, OR MALFUNCTION OF THE SOFTWARE, INCLUDING DAMAGES TO PROPERTY, LOSS OF GOODWILL, COMPUTER FAILURE OR MALFUNCTION AND, TO THE EXTENT PERMITTED BY LAW, DAMAGES FOR PERSONAL INJURIES, EVEN IF EITHER PARTY HAS BEEN WARNED OR BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, LICENSOR'S LIABILITY HEREUNDER AND/OR ANY LIABILITY OF PUBLISHER. , WHETHER BASED IN CONTRACT, TORT OR OTHERWISE, SHALL BE LIMITED TO AND SHALL NOT EXCEED THE ACTUAL PRICE YOU PAID FOR THE LICENSE TO USE THE SOFTWARE IN ACCORDANCE WITH THE PROVISIONS OF THIS AGREEMENT. SOME STATES/COUNTRIES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS AND/OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND/OR EXCLUSION OR LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.TERMINATION: This Agreement will terminate automatically if you fail to comply with any of its stated terms and conditions. In such event, you must destroy the original and all copies of the Software and all of its component parts. You are similarly entitled to elect to terminate this Agreement by destroying the original Software and all copies of the Software and deleting and permanently purging the Software from any hard drive or other storage medium or computing device on which it has been previously installed.U.S. GOVERNMENT RESTRICTED RIGHTS: The Software 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 Date 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 the LICENSOR at the location listed below.LINKS TO EXTERNAL SITES: The Software may include links to other websites on the Internet that are owned and/or operated by third parties not under the control of LICENSOR, and/ or 2K Games. which links are provided by LICENSOR and /or 2K Games. for your convenience only and neither LICENSOR nor 2K Games provides any warranty of any kind or nature regarding the actions of such third parties or the security of information sent to such third parties while you are using their websites. Under no circumstances shall LICENSOR or 2K Games., or any of the affiliates of such entities, or any of their respective officers, directors, partners, shareholders, employees, agents or representatives, have any obligation or be liable in any way or to any extent for the availability of services or products offered, or the content located on or through, any such third party's Web site.EQUITABLE REMEDIES. You hereby agree that if the terms and conditions of this Agreement are not specifically enforced, LICENSOR and /or 2K Games will be irreparably damaged, and therefore you agree that LICENSOR and/or 2K Games shall be entitled, without bond, other security or proof of damages, to appropriate equitable remedies with respect to your breach or default of any of the provisions of this Agreement, in addition to any other remedies available to LICENSOR and/or 2K Games. hereunder or otherwise at law or in equity.INDEMNITY: You agree to indemnify, defend and hold LICENSOR and 2K Games, and the affiliates of such entities and their respective officers, directors, partners, shareholders, employees, agents and representatives harmless from and against all claims, liabilities, damages, losses, costs and expenses (including reasonable fees for attorneys and other professionals) resulting or otherwise arising from your acts and omissions to act in connection with your custody or use (or inability to use) or the operation of the Software pursuant to the terms and conditions of this Agreement.MISCELLANEOUS: This Agreement represents the complete understanding and agreement between the parties concerning the subject matter hereof and supersedes all prior and contemporaneous representations and other materials provided by LICENSOR in connection with the Software. This Agreement may be amended only by a writing executed by both parties. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable (consistent with the stated intentions of the parties) and, if incapable of being so reformed, shall be deemed deleted here from, while the remaining provisions of this Agreement shall not be affected. This Agreement shall be construed under New York law as such law is applied to agreements between New York residents entered into and to be performed within New York (excluding such laws as specifically relate to choice of law), except as governed by federal law and you consent to the exclusive jurisdiction of the state and federal courts in New York, New York.IF YOU HAVE ANY QUESTIONS CONCERNING THIS LICENSE, YOU MAY CONTACT IN WRITING BIOWARE CORP. # 200, 4445 CALGARY TRAIL,EDMONTON,CANADA,T6H 5R7MICROSOFT DirectX 9.0cSUPPLEMENTAL END USER LICENSE AGREEMENT FOR MICROSOFT SOFTWARE ("Supplemental EULA")IMPORTANT: READ CAREFULLY - These Microsoft Corporation ("Microsoft") operating system components, including any "online" or electronic documentation ("OS Components") are subject to the terms and conditions of the agreement under which you have licensed the applicable Microsoft operating system product described below (each an "End User License Agreement" or "EULA") and the terms and conditions of this Supplemental EULA. BY INSTALLING, COPYING OR OTHERWISE USING THE OS COMPONENTS, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THE APPLICABLE OPERATING SYSTEM PRODUCT EULA AND THIS SUPPLEMENTAL EULA. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT INSTALL, COPY OR USE THE OS COMPONENTS.NOTE: IF YOU DO NOT HAVE A VALIDLY LICENSED COPY OF ANY VERSION OR EDITION OF MICROSOFT WINDOWS XP MEDIA CENTER EDITION, MICROSOFT WINDOWS 95, WINDOWS 98, WINDOWS NT 4.0 WINDOWS 2000 OPERATING SYSTEM OR ANY MICROSOFT OPERATING SYSTEM THAT IS A SUCCESSOR TO ANY OF THOSE OPERATING SYSTEMS (each an "OS Product"), YOU ARE NOT AUTHORIZED TO INSTALL, COPY OR OTHERWISE USE THE OS COMPONENTS AND YOU HAVE NO RIGHTS UNDER THIS SUPPLEMENTAL EULA.Capitalized terms used in this Supplemental EULA and not otherwise defined herein shall have the meanings assigned to them in the applicable OS Product EULA.General. Each of the OS Components available from this site is identified as being applicable to one or more of the OS Products. The applicable OS Components are provided to you by Microsoft to update, supplement, or replace existing functionality of the applicable OS Product. Microsoft grants you a license to use the applicable OS Components under the terms and conditions of the EULA for the applicable OS Product (which are hereby incorporated by reference except as set forth below), the terms and conditions set forth in this Supplemental EULA, and the terms and conditions of any additional end user license agreement that may accompany the individual OS Components (each an "Individual EULA"), provided that you comply with all such terms and conditions. To the extent that there is a conflict among any of these terms and conditions applicable to the OS Components, the following hierarchy shall apply: 1) the terms and conditions of the Individual EULA; 2) the terms and conditions in this Supplemental EULA; and 3) the terms and conditions of the applicable OS Product EULA.Additional Rights and Limitations.* If you have multiple validly licensed copies of any OS Product, you may reproduce, install and use one copy of the applicable OS Components as part of the applicable OS product on all of your computers running validly licensed copies of the applicable OS Product, provided that you use such additional copies of such OS Components in accordance with the terms and conditions above. For each validly licensed copy of the applicable OS Product, you also may reproduce one additional copy of the applicable OS Components solely for archival purposes or reinstallation of the OS Components on the same computer as the OS Components were previously installed. Microsoft retains all right, title and interest in and to the OS Components. All rights not expressly granted are reserved by Microsoft.* If you are installing the OS Components on behalf of an organization other than your own, prior to installing any of the OS Components, you must confirm that the end-user (whether an individual or a single entity) has received, read and accepted these terms and conditions.* The OS Components may contain technology that enables applications to be shared between two or more computers, even if an application is installed on only one of the computers. You may use this technology with all Microsoft application products for multi-party conferences. For non-Microsoft applications, you should consult the accompanying license agreement or contact the licensor to determine whether application sharing is permitted by the licensor.* You may not disclose the results of any benchmark test of the .NET Framework component of the OS Components to any third party without Microsoft's prior written approval.SOLELY WITH RESPECT TO THE MICROSOFT VIRTUAL MACHINE FOR JAVA, YOU ARE ONLY LICENSED TO INSTALL THIS OS COMPONENT ON A MACHINE THAT ALREADY CONTAINS A VERSION OF THE MICROSOFT VIRTUAL MACHINE FOR JAVA.IF THE APPLICABLE OS PRODUCT WAS LICENSED TO YOU BY MICROSOFT OR ANY OF ITS WHOLLY OWNED SUBSIDIARIES, THE LIMITED WARRANTY (IF ANY) INCLUDED IN THE APPLICABLE OS PRODUCT EULA APPLIES TO THE APPLICABLE OS COMPONENTS PROVIDED THE APPLICABLE OS COMPONENTS HAVE BEEN LICENSED BY YOU WITHIN THE TERM OF THE LIMITED WARRANTY IN THE APPLICABLE OS PRODUCT EULA. HOWEVER, THIS SUPPLEMENTAL EULA DOES NOT EXTEND THE TIME PERIOD FOR WHICH THE LIMITED WARRANTY IS PROVIDED.IF THE APPLICABLE OS PRODUCT WAS LICENSED TO YOU BY AN ENTITY OTHER THAN MICROSOFT OR ANY OF ITS WHOLLY OWNED SUBSIDIARIES, MICROSOFT DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE APPLICABLE OS COMPONENTS AS FOLLOWS:DISCLAIMER OF WARRANTIES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MICROSOFT AND ITS SUPPLIERS PROVIDE TO YOU THE OS COMPONENTS, AND ANY (IF ANY) SUPPORT SERVICES RELATED TO THE OS COMPONENTS ("SUPPORT SERVICES") AS IS AND WITH ALL FAULTS; AND MICROSOFT AND ITS SUPPLIERS HEREBY DISCLAIM WITH RESPECT TO THE OS COMPONENTS AND SUPPORT SERVICES ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY (IF ANY) WARRANTIES, DUTIES OR CONDITIONS OF OR RELATED TO: MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, LACK OF VIRUSES, ACCURACY OR COMPLETENESS OF RESPONSES, RESULTS, WORKMANLIKE EFFORT AND LACK OF NEGLIGENCE. ALSO THERE IS NO WARRANTY, DUTY OR CONDITION OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION OR NON-INFRINGEMENT. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE OS COMPONENTS AND ANY SUPPORT SERVICES REMAINS WITH YOU.EXCLUSION OF INCIDENTAL,CONSEQUENTIAL AND CERTAIN OTHER DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MICROSOFT OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR: LOSS OF PROFITS, LOSS OF CONFIDENTIAL OR OTHER INFORMATION, BUSINESS INTERRUPTION, PERSONAL INJURY, LOSS OF PRIVACY, FAILURE TO MEET ANY DUTY (INCLUDING OF GOOD FAITH OR OF REASONABLE CARE), NEGLIGENCE, AND ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE OS COMPONENTS OR THE SUPPORT SERVICES, OR THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS SUPPLEMENTAL EULA, EVEN IF MICROSOFT OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.LIMITATION OF LIABILITY AND REMEDIES. NOTWITHSTANDING ANY DAMAGES THAT YOU MIGHT INCUR FOR ANY REASON WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ALL DAMAGES REFERENCED ABOVE AND ALL DIRECT OR GENERAL DAMAGES), THE ENTIRE LIABILITY OF MICROSOFT AND ANY OF ITS SUPPLIERS UNDER ANY PROVISION OF THIS SUPPLEMENTAL EULA AND YOUR EXCLUSIVE REMEDY FOR ALL OF THE FOREGOING SHALL BE LIMITED TO ACTUAL DAMAGES INCURRED BY YOU BASED ON REASONABLE RELIANCE UP TO THE GREATER OF THE AMOUNT ACTUALLY PAID BY YOU FOR THE OS COMPONENTS OR U.S.$5.00. THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE.