SOFTWARE LICENSE AGREEMENT

1. Read the following terms and conditions carefully before installing this software on your personal computer. This software license agreement is a legal agreement between YOU (an individual or a single entity 'YOU') on the one hand, and SNOWBERRY CONNECTION LRM INC., YUKITAMA CREATIVE INDUSTRIES LRM LIMITED and its subsidiaries and affiliates (collectively referred to as 'LICENSOR') on the other hand, for the software product entitled 'GOBLIIINS 4' (the ‘PRODUCT’), which includes computer software and any associated media, printed materials, and/or 'online' or electronic documentation (together called the 'SOFTWARE'). By installing, copying, or otherwise using the SOFTWARE, YOU acknowledge that you have read this software license agreement and agree to be bound by its terms. The SOFTWARE is licensed, not sold, to YOU for use only under the terms of this agreement. If YOU do not agree to the terms of this software license agreement, do not install or use the software and delete all copies in YOUR possession.



2. LICENSOR grants YOU a non-exclusive, non-transferable license to use one copy of the SOFTWARE in the country in which YOU acquired the SOFTWARE for YOUR own personal, non-commercial use, but retains all property rights in the SOFTWARE and all copies thereof. All other rights are expressly reserved by LICENSOR. YOU may: (i) use the SOFTWARE on any supported computer configuration, provided the SOFTWARE is used on only one (1) such computer; and (ii) permanently transfer the SOFTWARE and its documentation to another user provided you retain no copies and the recipient agrees to the terms of this Agreement.



3. YOU acknowledge that the SOFTWARE contains copyrighted material, trade secrets, and other proprietary material. You may not re-sell, decompile, reverse engineer, disassemble or otherwise reduce the SOFTWARE to a human-perceivable form. Except as provided for in this agreement, you may not copy, alter, modify, adapt, network, transfer, distribute, rent, sub-license, or lease, or otherwise distribute the SOFTWARE; nor can you make the SOFTWARE available by "bulletin boards," on-line services, remote dial-in, or network or telecommunications links of any kind; nor can you create derivative works or any other works that are based upon or derived from the SOFTWARE in whole or in part. Within the terms of this license agreement, you may transfer all of the license rights to the SOFTWARE to another party, provided that the original media containing the SOFTWARE, the related documentation, all copyright notices, and a copy of this license agreement are transferred to that party, and provided that party reads and agrees to accept the terms and conditions of this license agreement. If you transfer the SOFTWARE, you may not retain any copies or elements of the SOFTWARE for your own use. This SOFTWARE is for your PERSONAL, NON-COMMERCIAL, and NON-GOVERNMENTAL use only.



4. All right, title and interest and intellectual property rights in and to the SOFTWARE (including but not limited to any titles, computer code, themes, objects, characters, character names, stories, dialog, catch phrases, locations, concepts, artwork, images, photographs, animations, video, sounds, audio-visual effects, music, musical compositions, text and 'applets,' incorporated into the SOFTWARE), the accompanying printed materials, and any copies of the SOFTWARE, are owned by LICENSOR or its licensors. This Agreement grants you no rights to use such content other than as part of the SOFTWARE. All rights not expressly granted under this Agreement are reserved by LICENSOR.



5. This Agreement is effective upon YOUR installation of the SOFTWARE and shall continue until revoked by LICENSOR or until YOU breach any term hereof; upon termination YOU agree to destroy and/or delete all copies of the SOFTWARE in YOUR possession.



6. YOU shall not modify the SOFTWARE or merge the SOFTWARE into another computer program (except to the extent the SOFTWARE is made to operate within a computer operating system and in connection with other computer program) or create derivative works based upon the SOFTWARE.



7. YOU are responsible for assessing your own computer and the results to be obtained therefrom. YOU EXPRESSLY AGREE THAT USE OF THE SOFTWARE IS AT YOUR SOLE RISK. THE SOFTWARE IS PROVIDED ON AN 'AS IS,' 'AS AVAILABLE' BASIS, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. LICENSOR AND ITS LICENSORS DISCLAIM 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 SOFTWARE. LICENSOR 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 LICENSOR, ITS LICENSORS, LICENSEE AND/OR SUBCONTRACTORS, OR BY YOUR OR ANY OTHER PARTICIPANT'S OWN ERRORS AND/OR OMISSIONS. LICENSOR and its licensors make no warranty with respect to any related software or hardware used or provided by LICENSOR in connection with the SOFTWARE except as expressly set forth above.



8. YOU ACKNOWLEDGE AND AGREE THAT LICENSOR AND ITS LICENSORS SHALL NOT ASSUME OR HAVE ANY LIABILITY FOR ANY ACTION BY LICENSOR OR ITS CONTENT PROVIDERS, OTHER PARTICIPANTS OR OTHER LICENSORS WITH RESPECT TO CONDUCT, COMMUNICATION OR CONTENT OF THE SOFTWARE. LICENSOR AND ITS LICENSORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES RESULTING FROM POSSESSION, 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 ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EXCEPT AS EXPRESSLY PROVIDED HEREIN, LICENSOR'S AND ITS LICENSOR’S ENTIRE LIABILITY TO YOU AND YOUR EXCLUSIVE REMEDY FOR ANY BREACH OF THIS AGREEMENT IS LIMITED SOLELY TO THE TOTAL AMOUNT PAID BY YOU FOR THE SOFTWARE, IF ANY. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN DAMAGES, IN SUCH STATES LICENSOR'S AND ITS LICENSOR’S LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW.



9. Because LICENSOR would be irreparably damaged if the terms of this license agreement were not specifically enforced, YOU agree that LICENSOR shall be entitled, without bond, other security or proof of damages, to appropriate equitable remedies with respect to breaches of this agreement, in addition to such other remedies as LICENSOR may otherwise have under applicable laws.



10. At LICENSOR's request, you agree to defend, indemnify and hold harmless LICENSOR, its subsidiaries, affiliates, contractors, officers, directors, employees, agents, licensors, licensees, distributors, developers, content providers, and other users of the SOFTWARE, 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 SOFTWARE pursuant to the terms of this license agreement or any breach of this license agreement by YOU. LICENSOR reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you hereunder, and in such event, you shall have no further obligation to provide indemnification for such matter.



11. 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 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.



12. Without prejudice to any other rights of LICENSOR, this license agreement and YOUR right to use the SOFTWARE may automatically terminate without notice from LICENSOR if you fail to comply with any provision of this agreement or any terms and conditions associated with the SOFTWARE. In such event, you must destroy all copies of this SOFTWARE and all of its component parts.



13. YOU may not use, copy, modify, sublicense, rent, sell, assign or transfer the rights or obligations granted to you in this agreement, except as expressly provided in this agreement. Any assignment in violation of this agreement is void, except that you may transfer your SOFTWARE to another person provided that person accepts the terms of this license agreement. 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, and such decision shall not affect the enforceability of: (i) such provision under other circumstances, or (ii) the remaining provisions hereof under all circumstances. LICENSOR's failure to enforce at any time any of the provisions of this 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 LICENSOR of any provision, condition or requirement of this agreement shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement. Notwithstanding anything else in this Agreement, no default, delay or failure to perform on the part of LICENSOR shall be considered a breach of this agreement if such default, delay or failure to perform is shown to be due to causes beyond the reasonable control of LICENSOR. This agreement shall be governed by the laws of the State of Massachusetts and the United States without regard to its conflicts of laws rules and you consent to the exclusive jurisdiction of the state and federal courts in Boston, Massachusetts. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to this Agreement. This Agreement represents the complete agreement concerning this license agreement between YOU and LICENSOR.