PC END USER LICENSE AGREEMENT

THIS END USER LICENSE AGREEMENT ("EULA") IS A LEGAL AGREEMENT BETWEEN YOU AND CAPCOM ENTERTAINMENT, INC. AND ITS AFFILIATES ("CAPCOM" OR "WE") FOR THIS PC GAME SOFTWARE, WHICH INCLUDES (1) IF PURCHASED ONLINE, THE COMPUTER SOFTWARE AND OTHER ONLINE OR ELECTRONIC DOCUMENTATION TOGETHER WITH ANY UPDATES TO THE ORIGINAL GAME SOFTWARE WHICH IS PROVIDED TO YOU; OR (2) IF NOT PURCHASED ONLINE, THE COMPUTER SOFTWARE AND ASSOCIATED MEDIA, PRINTED MATERIALS AND OTHER ONLINE OR ELECTRONIC DOCUMENTATION TOGETHER WITH ANY UPDATES TO THE ORIGINAL GAME SOFTWARE WHICH IS PROVIDED TO YOU ("SOFTWARE" or "GAME").

READ IT CAREFULLY BEFORE COMPLETING THE INSTALLATION PROCESS AND USING THE SOFTWARE. IT PROVIDES A LICENSE TO USE THE SOFTWARE AND CONTAINS WARRANTY INFORMATION AND LIABILITY DISCLAIMERS. BY SELECTING THE DOWNLOAD OR INSTALL NOW BUTTON AND USING THE SOFTWARE, YOU ARE CONFIRMING YOUR ACCEPTANCE OF THE SOFTWARE AND AGREEING TO BECOME BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, THEN DO NOT INSTALL THE SOFTWARE AND RETURN THE DISK UNUSED TOGETHER WITH ITS PACKAGING AND DOCUMENTATION TO THE POINT OF PURCHASE FOR A REFUND OF THE PURCHASE PRICE FOR THE SOFTWARE. THE SUPPLIER RESERVES THE RIGHT, WITHOUT PREJUDICE TO YOUR STATUTORY RIGHTS WHICH ARE NOT AFFECTED, TO WITHHOLD SOME OR ALL OF THE REFUND IF SUCH DISK, PACKAGING OR DOCUMENTATION HAS BEEN DAMAGED IN ANY WAY.

1. License Grants. You are permitted to:
· (a) load or download the Software into and use it on a single computer which is under Your control and which meets the specifications referred to in the manual for Your own private and domestic use;
· (b) transfer the Software from one computer to another provided it is used on only one computer at any one time by erasing the Software from the computer in which it was previously used. The license granted for the Software may not be shared, installed or used concurrently on different computers; and
· (c) transfer the Software (complete with all documentation) and the benefit of this EULA to another person provided such person has agreed to accept the terms of this EULA and You contemporaneously transfer any permitted copies of the Software You may have made to that person or destroy all copies not transferred. If any transferee does not accept such terms then this EULA shall automatically terminate.
Your license rights under this EULA are non-exclusive. All rights not expressly granted hereunder, including Federal and International copyrights, are, to the extent permitted by law, reserved to Capcom and its licensors. Your rights of use under this EULA are strictly conditional upon Your observance of the terms and conditions contained in this Agreement.

2. License Restrictions. You are not permitted to:
· (a) load or download the Software onto a network server for the purposes of distribution to one or more other computer(s) on that network or to effect such distribution;
· (b) rent, lease, sub-License, loan, exploit for profit or gain, except as expressly permitted by this EULA or expressly permitted by applicable law;
· (c) copy, alter, modify, adapt, merge, translate, reverse engineer, decompile, disassemble or create derivative works based on the whole or any part of the Software or use, reproduce or deal in the Software or any part thereof in any way; or
· (d) export the Software into any country prohibited by the U.S. Export Administration Act and the regulations thereunder.

3. Ownership of Intellectual Property Rights. If not purchased online, You only own the media on which the Software is recorded. Capcom and/or its licensors shall at all times retain ownership of intellectual property rights of, and other right, title and interest in and to the Software as recorded on the media or as downloaded and all subsequent copies regardless of form. Capcom's licensors shall be third-party beneficiaries under this EULA and shall have the express right to enforce its provisions and to enjoy the benefits of its protections.

4. Termination. Without prejudice to any other rights, Capcom may terminate this EULA if You fail to comply with the terms and conditions of this EULA. As a consequence of breach, Capcom and its licensors may suffer significant damage and may be entitled to damages. In the event of termination, You must destroy all copies of the Software and all of its component parts of any Software stored on the hard disk of any computer.

5. Limited Warranty and Disclaimers.
· a) Capcom warrants to the original purchaser of the Media only that the Media is free from defects in material and workmanship for a period of ninety (90) days from the date of purchase. The entire liability of Capcom under this limited warranty will be, at Capcom's sole option, either (a) to return of the purchase price paid; or (b) to replace free of charge the Software that does not meet this limited warranty provided You return it in its original condition to the point of purchase with a copy of Your receipt. Capcom will pay the costs of sending replacement Software to You.
· b) The limited warranty in paragraph 6(a) above is
o (i) Void if failure of the Software has resulted from accident, abuse or misapplication. Any replacement Software will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer.
o (ii) Applicable only to the Media on which Capcom's Software appears, not to the software provided by Capcom's licensors.
· c) SUBJECT TO THE LIMITED WARRANTY ABOVE, THIS SOFTWARE IS PROVIDED "AS IS" AND WITHOUT WARRANTY OF ANY KIND.
· d) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CAPCOM AND ITS LICENSORS DISCLAIMS ALL OTHER REPRESENTATIONS, WARRANTIES, CONDITIONS OR OTHER TERMS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, NON-INFRINGEMENT AND TITLE OR QUIET ENJOYMENT, FITNESS FOR A PARTICULAR PURPOSE, WITH REGARD TO THE SOFTWARE AND EACH AND EVERY PART THEREOF. WITHOUT PREJUDICE TO THE GENERALITY OF THE FOREGOING, CAPCOM DOES NOT WARRANT THAT THE SOFTWARE IS ERROR-FREE OR WILL OPERATE WITHOUT OPERATION.
· e) NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY CAPCOM, ITS EMPLOYEES, OR ITS LICENSORS SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF ANY WARRANTY PROVIDED HEREIN.
· f) SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.
6. Limitation of Liability. In addition, to the maximum extent permitted by applicable law:
· a) IN NO EVENT SHALL CAPCOM, OUR PARENT, AFFILIATES, ITS SUPPLIERS OR ITS LICENSORS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, OR SPECIAL DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA OR INFORMATION, OR ANY PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE, OR MALFUNCTION OF THIS SOFTWARE, THE MEDIA, THE SOFTWARE OR THIS AGREEMENT BASED ON ANY THEORY OF LIABILITY INCLUDING BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF CAPCOM, OUR PARENT, AFFILIATES, ITS SUPPLIERS OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
· b) CAPCOM'S TOTAL LIABILITY TO YOU FOR ACTUAL DAMAGES FOR ANY CAUSE WHATSOEVER WILL BE LIMITED TO THE LESSER OF $50 OR THE AMOUNT PAID BY YOU FOR THE SOFTWARE THAT CAUSED SUCH DAMAGE.
· c) SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OF CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.
· d) THE FOREGOING LIMITATIONS ON LIABILITY ARE INTENDED TO APPLY TO ALL ASPECTS OF THIS EULA.

7. Indemnity. You agree to indemnify and hold Capcom and its licensors harmless from and against and to assume all risks arising out of Your use of the Software.

8. Content. If you upload any content to the servers in connection with the Game, such as in the selections you make for the Game and in chat rooms and similar user-to-user areas (collectively, your "Content"), it shall not: (a) infringe any third party intellectual property, other proprietary or publicity/privacy rights; (b) violate any law or regulation; (c) be defamatory, obscene, child pornographic or harmful to minors; or (d) contain any viruses, trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information. We may take any action with respect to your Content if we believe it may create liability for us or may cause us to lose (in whole or in part) the services of our ISPs or other suppliers. You hereby grant to us a worldwide, perpetual, irrevocable, royalty-free, sublicenseable (through multiple tiers) right to exercise all intellectual property rights, in any media now known or not currently known, associated with your Content.

9. Other
· a) Governing Law. This EULA shall be governed by the internal laws of the State of California, without giving effect to principles of conflict of laws. You hereby consent to the exclusive jurisdiction and venue of the state courts sitting in Santa Clara County, California or the federal courts in the Northern District of California to resolve any disputes arising under this EULA. In each case this EULA shall be construed and enforced without regard to the United Nations Convention on the International Sale of Goods.
· b) This EULA contains the complete agreement between the parties with respect to the subject matter hereof, and supersedes all prior or contemporaneous agreements or understandings, whether oral or written. The failure or delay of Capcom to exercise any of its rights under this EULA or upon any breach of this EULA shall not be deemed a waiver of those rights or of the breach.
· c) No Capcom Supplier, Licensor, or employee is authorized to make any amendment to this EULA, except for Capcom's President.
· d) If any provision of this EULA shall be held by a court of competent jurisdiction to be contrary to law, that provision will be enforced to the maximum extent permissible, and the remaining provisions of this EULA will remain in full force and effect.
· e) All questions concerning this EULA shall be directed to: Capcom Entertainment, Inc. 800 Concar Drive, Suite 300, San Mateo, CA 94402-2649, Attention: Legal Department.
· f) Data submitted by You will be subject to GameSpy's Privacy Policy in the form at .
CAPCOM and other trademarks contained in the Software are trademarks or registered trademarks of Capcom in the United States and/or other countries. Third party trademarks, trade names, product names and logos may be the trademarks or registered trademarks of their respective owners. You may not remove or alter any trademark, trade names, product names, logo, copyright or other proprietary notices, legends, symbols or labels in the Software. This EULA does not authorize You to use Capcom or its licensors' names or any of their respective trademarks.

COPYRIGHT AND OTHER INTELLECTUAL PROPERTY LAWS AND TREATIES PROTECT THIS SOFTWARE. THE SOFTWARE IS LICENSED, NOT SOLD.

MICROSOFT SOFTWARE LICENSE TERMS

MICROSOFT DIRECTX END USER RUNTIME
These license terms are an agreement between Microsoft Corporation (or based on where you live, one of its affiliates) and you. Please read them. They apply to the software named above, which includes the media on which you received it, if any. The terms also apply to any Microsoft
· * updates,
· * supplements,
· * Internet-based services, and
· * support services
for this software, unless other terms accompany those items. If so, those terms apply.

BY USING THE SOFTWARE, YOU ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT THEM, DO NOT USE THE SOFTWARE.
If you comply with these license terms, you have the rights below.
1. INSTALLATION AND USE RIGHTS. You may install and use any number of copies of the software on your devices.
2. SCOPE OF LICENSE. The software is licensed, not sold. This agreement only gives you some rights to use the software. Microsoft reserves all other rights. Unless applicable law gives you more rights despite this limitation, you may use the software only as expressly permitted in this agreement. In doing so, you must comply with any technical limitations in the software that only allow you to use it in certain ways. You may not
· * work around any technical limitations in the software;
· * reverse engineer, decompile or disassemble the software, except and only to the extent that applicable law expressly permits, despite this limitation;
· * make more copies of the software than specified in this agreement or allowed by applicable law, despite this limitation;
· * publish the software for others to copy;
· * rent, lease or lend the software;
· * transfer the software or this agreement to any third party; or
· * use the software for commercial software hosting services.
3. BACKUP COPY. You may make one backup copy of the software. You may use it only to reinstall the software.
4. DOCUMENTATION. Any person that has valid access to your computer or internal network may copy and use the documentation for your internal, reference purposes.
5. EXPORT RESTRICTIONS. The software is subject to United States export laws and regulations. You must comply with all domestic and international export laws and regulations that apply to the software. These laws include restrictions on destinations, end users and end use. For additional information, see www.microsoft.com/exporting.
6. SUPPORT SERVICES. Because this software is "as is," we may not provide support services for it.
7. ENTIRE AGREEMENT. This agreement, and the terms for supplements, updates, Internet-based services and support services that you use, are the entire agreement for the software and support services.
8. APPLICABLE LAW.
· a. United States. If you acquired the software in the United States, Washington state law governs the interpretation of this agreement and applies to claims for breach of it, regardless of conflict of laws principles. The laws of the state where you live govern all other claims, including claims under state consumer protection laws, unfair competition laws, and in tort.
· b. Outside the United States. If you acquired the software in any other country, the laws of that country apply.
9. LEGAL EFFECT. This agreement describes certain legal rights. You may have other rights under the laws of your country. You may also have rights with respect to the party from whom you acquired the software. This agreement does not change your rights under the laws of your country if the laws of your country do not permit it to do so. 10. DISCLAIMER OF WARRANTY. THE SOFTWARE IS LICENSED "AS-IS." YOU BEAR THE RISK OF USING IT. MICROSOFT GIVES NO EXPRESS WARRANTIES, GUARANTEES OR CONDITIONS. YOU MAY HAVE ADDITIONAL CONSUMER RIGHTS UNDER YOUR LOCAL LAWS WHICH THIS AGREEMENT CANNOT CHANGE. TO THE EXTENT PERMITTED UNDER YOUR LOCAL LAWS, MICROSOFT EXCLUDES THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
11. LIMITATION ON AND EXCLUSION OF REMEDIES AND DAMAGES. YOU CAN RECOVER FROM MICROSOFT AND ITS SUPPLIERS ONLY DIRECT DAMAGES UP TO U.S. $5.00. YOU CANNOT RECOVER ANY OTHER DAMAGES, INCLUDING CONSEQUENTIAL, LOST PROFITS, SPECIAL, INDIRECT OR INCIDENTAL DAMAGES.
This limitation applies to
· * anything related to the software, services, content (including code) on third party Internet sites, or third party programs; and
· * claims for breach of contract, breach of warranty, guarantee or condition, strict liability, negligence, or other tort to the extent permitted by applicable law.
It also applies even if Microsoft knew or should have known about the possibility of the damages. The above limitation or exclusion may not apply to you because your country may not allow the exclusion or limitation of incidental, consequential or other damages.