LIMITED USE SOFTWARE LICENSE AGREEMENT

This Limited Use Software License Agreement (the "Agreement") is a legal agreement between you, the end-user, and Xtreme Gaming, Inc. ("XG") & it's owner Michael Hamlett.  BY CONTINUING THE INSTALLATION OF THIS BETA PROGRAM ENTITLED STRIKE FORCE (THE "SOFTWARE"), BY LOADING OR RUNNING THE SOFTWARE, OR BY PLACING OR COPYING THE SOFTWARE ONTO YOUR COMPUTER HARD DRIVE, COMPUTER RAM OR OTHER STORAGE, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS AGREEMENT.  

1.	Grant of License.  Subject to the terms and provisions of this Agreement, Xtreme Gaming grants to you the non-exclusive and limited right to use the Software only in executable or object code form. The term "Software" includes all elements of the Software, including, without limitation, data files and screen displays.  You are not receiving any ownership or proprietary right, title or interest in or to the Software or the copyright, trademarks, or other rights related thereto. For purposes of this section, "use" means loading the Software into RAM and/or onto computer hard drive, as well as installation of the Software on a hard disk or other storage device and means the uses permitted in section 3. hereinbelow.  You agree that the Software will not be shipped, transferred or exported into any country in violation of the U.S. Export Administration Act (or any other law governing such matters) by you or anyone at your direction and that you will not utilize and will not authorize anyone to utilize, in any other manner, the Software in violation of any applicable law.  The Software may not be downloaded or otherwise exported or exported into (or to a national or resident of) any country to which the U.S. has embargoed goods or to anyone or into any country who/which are prohibited, by applicable law, from receiving such property.

2. Prohibitions. You, either directly or indirectly, shall not do any of the following acts:

a. rent the Software;

b. sell the Software;

c. lease or lend the Software;

d. offer the Software on a "pay-per-play" basis;

e. distribute the Software (except as permitted by section 3. hereinbelow);

f. in any other manner and through any medium whatsoever commercially exploit the Software or use the Software for any          commercial purpose;

g. disassemble, reverse engineer, decompile, modify or alter the Software including, without limitation, creating or            developing using our code or changing our maps and texture packs;

h. translate the Software;

i. reproduce or copy the Software (except as permitted by section 3. hereinbelow);

j. publicly display the Software without our written permission; 

k. prepare or develop derivative works based upon the Software; 

l. remove or alter any legal notices or other markings or legends, such as trademark and copyright notices, affixed on          or within the Software.

3.	Permitted Distribution and Copying.  So long as this Agreement accompanies each copy you make of the Software, and so long as you fully comply, at all times, with this Agreement, Xtreme Gaming grants to you the non-exclusive and limited right to copy the Software and to distribute such copies of the Software FREE OF CHARGE for non-commercial purposes which shall include the FREE OF CHARGE distribution of copies of the Software as mounted on the covers of magazines; provided, however, you shall not copy or distribute the Software in any infringing manner or in any manner which violates any law or  third party right and you shall not distribute the Software together with any material which is infringing, libelous, defamatory, obscene, false, misleading, or otherwise illegal or unlawful.  You agree to label conspicuously as "Strike Force Beta 1.75" for each CD or other non-electronic copy of the Software that you make and distribute.  Xtreme Gaming reserves all rights not granted in this Agreement. You shall not commercially distribute the Software on ANY magazine unless you first enter into a separate contract with Xtreme Gaming. For more information contact Michael Hamlett at optimizer@strikeforcecenter.com

4.	NO WARRANTIES.  XTREME GAMING DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE SOFTWARE. XTREME GAMING DOES NOT WARRANT THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE OR THAT THE SOFTWARE WILL MEET YOUR SPECIFIC REQUIREMENTS.  ADDITIONAL STATEMENTS SUCH AS PRESENTATIONS, WHETHER ORAL OR WRITTEN, DO NOT CONSTITUTE WARRANTIES BY XTREME GAMING AND SHOULD NOT BE RELIED UPON.  THIS SECTION 5. SHALL SURVIVE CANCELLATION OR TERMINATION OF THIS AGREEMENT.

6.	General Provisions.  Neither this Agreement nor any part or portion hereof shall be assigned or sublicensed by you.  Xtreme Gaming may assign its rights under this Agreement in Xtreme Gaming's sole discretion.  Should any provision of this Agreement be held to be void, invalid, unenforceable or illegal by a court of competent jurisdiction, the validity and enforceability of the other provisions shall not be affected thereby.  If any provision is determined to be unenforceable by a court of competent jurisdiction, you agree to a modification of such provision to provide for enforcement of the provision's intent, to the extent permitted by applicable law.  Failure of Xtreme Gaming to enforce any provision of this Agreement shall not constitute or be construed as a waiver of such provision or of the right to enforce such provision.  Immediately upon your failure to comply with or breach of any term or provision of this Agreement, THIS AGREEMENT AND YOUR LICENSE SHALL AUTOMATICALLY TERMINATE, WITHOUT NOTICE, AND XTREME GAMING MAY PURSUE ALL RELIEF AND REMEDIES AGAINST YOU WHICH ARE AVAILABLE UNDER APPLICABLE LAW AND/OR THIS AGREEMENT. In the event this Agreement is terminated, you shall have no right to use the Software, in any manner, and you shall immediately destroy all copies of the Software in your possession, custody or control.

YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, YOU UNDERSTAND THIS AGREEMENT, AND UNDERSTAND THAT BY CONTINUING THE INSTALLATION OF THE SOFTWARE, BY LOADING OR RUNNING THE SOFTWARE, OR BY PLACING OR COPYING THE SOFTWARE ONTO YOUR COMPUTER HARD DRIVE OR RAM, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT.  YOU FURTHER AGREE THAT, EXCEPT FOR WRITTEN SEPARATE AGREEMENTS BETWEEN XTREME GAMING AND YOU, THIS AGREEMENT IS A COMPLETE AND EXCLUSIVE STATEMENT OF THE RIGHTS AND LIABILITIES OF THE PARTIES HERETO.  THIS AGREEMENT SUPERSEDES ALL PRIOR ORAL AGREEMENTS, PROPOSALS OR UNDERSTANDINGS, AND ANY OTHER COMMUNICATIONS BETWEEN XTREME GAMING AND YOU RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.

UNREAL TOURNAMENT GAME LOGO ARE COPYRIGHT AND PROPERTY OF EPIC GAMES

 


