Author: Nick Tomlinson
Last saved by: eolson

POPCAP GAMES, INC.
END USER LICENSE AGREEMENT
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PLEASE REVIEW THIS END USER LICENSE AGREEMENT CAREFULLY.  DO NOT CLICK "I AGREE" AND CONTINUE WITH THE INSTALLATION OF THIS GAME IF YOU DO NOT AGREE WITH THE TERMS OF THIS EULA, INCLUDING THE PROVISION ENTITLED "AUTOMATED COLLECTION OF INFORMATION".
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THIS END USER LICENSE AGREEMENT ("EULA") IS A BINDING LEGAL AGREEMENT BETWEEN POPCAP GAMES, INC. ("POPCAP") AND YOU AND, IF APPLICABLE, THE COMPANY OR OTHER LEGAL ENTITY YOU REPRESENT (COLLECTIVELY, "YOU" AND "YOUR") REGARDING THE GAME SOFTWARE THAT YOU ARE INSTALLING, INCLUDING ANY ACCOMPANYING MANUAL OR OTHER RELATED MATERIAL PROVIDED BY POPCAP AS PART OF, OR IN CONNECTION, THEREWITH (COLLECTIVELY, THE "GAME").

BY CLICKING THE "I AGREE" BUTTON BELOW, OR BY OTHERWISE CONTINUING TO INSTALL, DOWNLOAD, COPY, ACCESS OR USE THE GAME, YOU ACKNOWLEDGE THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THE TERMS OF THIS EULA.  IF YOU DO NOT AGREE, YOU MUST SELECT THE "I DON'T AGREE" BUTTON AND YOU MAY NOT CONTINUE TO INSTALL, DOWNLOAD, COPY, ACCESS OR USE THE GAME.

1.	LICENSE GRANT AND RESTRICTIONS.

1.1	License Grant. PopCap hereby grants to you a non-exclusive license to use a single copy of the object code version of the Game for your personal, non-commercial home entertainment use on one personal computer or other compatible electronic device.  You may sell or transfer your copy of the Game to another person along with, and subject to, your rights under this EULA, only if you do not retain any copies.

1.2	Restrictions. You may not (i) decompile, disassemble or reverse engineer the Game or otherwise attempt to gain access to its source code, except to the extent that such restrictions are expressly prohibited by law; (ii) copy, offer for public display, translate, adapt, modify or otherwise alter the Game, or create derivative works thereof, except to the extent that such restrictions are expressly prohibited by law; (iii) rent, lease, loan, sublicense or distribute the Game, or offer it on a pay-per-play, coin-op or other for charge (or free) basis; (iv) use the Game to infringe the copyrights or other intellectual property rights of others in any way; (v) remove, circumvent, disable, damage or otherwise interfere with security-related or limiting features of the Game, and/or (vi) modify or delete the copyright and other proprietary rights notices on or in the Game.

1.3	Additional Restrictions for Trial Versions. If the Game was provided to you for trial use for a limited period of time and/or number of uses, you agree not to use the Game beyond the expiration or termination of the trial period.  You acknowledge and agree that the Game may include code designed to prevent you from exceeding these limits, and that such code may remain on your computer or device after deletion of the Game to prevent you from installing another copy of the Game and repeating the trial.

1.4	Automated Collection of Information.  The Game may automatically send and receive information to and from your computer which PopCap may use to update the Game (by providing new features, bug fixes, etc.), to perform quality and assurance testing for the Game, and to provide you with information about other products and services we offer. PopCap may assign a unique anonymous identifier to the Game you have downloaded and, by using the non-personally identifiable information that is associated with this identifier, PopCap can personalize your experience, recommend products and services or make special offers through the Game specifically based on your preferences and usage of our products and services without personally identifying you. The information that PopCap gathers may also be used in anonymous and aggregated form in order to analyze ways to improve our products and services. BY USING THE GAME YOU CONSENT TO THE TRANSMISSION AND USE OF THIS INFORMATION BY POPCAP AS DESCRIBED IN THIS PARAGRAPH.

1.5	Game Specific Terms and Conditions. For additional terms and conditions that may apply to the Game, such as third-party copyright notices and license information, please review the ReadMe file included with the Game.  The ReadMe file for the Game is hereby incorporated into this EULA by this reference.

2.	TERMINATION. This EULA is effective until terminated. You may terminate this EULA at any time by uninstalling the Game and destroying all copies of the Game in your possession or control.  PopCap may terminate this EULA immediately upon notice to you if you breach any of its terms or conditions.  Upon termination of this EULA, you agree to immediately uninstall the Game and destroy all copies of the Game.

3.	GAME OWNERSHIP. The Game is the copyrighted proprietary material of PopCap and/or its third-party licensors and is subject to copyright protection under U.S. copyright law and international copyright treaties, as well as other intellectual property laws and treaties. PopCap and/or its third-party licensors retain all right, title, and interest in the Game (and any copies thereof) and specifically reserve all rights not expressly granted under this EULA.

4.	LIMITED WARRANTIES BY POPCAP.

4.1	Limited Warranty. POPCAP WARRANTS TO YOU, THE ORIGINAL PURCHASER OF THE GAME, THAT THE GAME WILL BE FREE FROM DEFECTS IN MATERIALS AND WORKMANSHIP FOR A PERIOD OF NINETY (90) DAYS FROM THE DATE OF PURCHASE (THE "WARRANTY PERIOD").  THIS LIMITED WARRANTY IS VOID IF THE GAME HAS BEEN SUBJECT TO MISUSE, DAMAGE OR IF YOU HAVE VIOLATED THIS EULA. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, OR WARRANTIES THAT THE GAME WILL BE ERROR-FREE, SECURE OR VIRUS-FREE, ARE HEREBY EXPRESSLY DISCLAIMED.

4.2	Additional Warranty for Retail Product. IF YOU PURCHASED THE GAME ON A DISC OR OTHER RECORDING MEDIUM, THEN YOU MUST MAKE ANY WARRANTY CLAIM TO THE RETAILER FROM WHICH YOU PURCHASED THE GAME BY PROVIDING A COPY OF YOUR ORIGINAL SALES RECEIPT AND ANY OTHER DETAILS REQUIRED BY THE RETAILER. THE RETAILER, AT ITS OPTION, MAY REFUND YOUR PURCHASE PRICE, REPAIR OR REPLACE THE DISC OR OTHER MEDIA CONTAINING THE GAME. ANY REPLACEMENT WILL BE WARRANTED FOR THE REMAINDER OF THE ORIGINAL WARRANTY PERIOD OR THIRTY (30) DAYS, WHICHEVER IS LONGER. YOUR EXCLUSIVE REMEDY, AND THE ENTIRE LIABILITY OF POPCAP, ITS AFFILIATES, LICENSORS AND SUPPLIERS (COLLECTIVELY, "THE POPCAP PARTIES"), FOR BREACH OF THIS WARRANTY, SHALL BE THE REFUND, REPAIR OR REPLACEMENT DESCRIBED ABOVE.

5.	LIMITATION OF LIABILITY. NO PROVISIONS OF THIS EULA SHALL APPLY TO LIMIT LIABILITY ARISING FROM DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE OR FOR FRAUD. OTHERWISE, IN NO EVENT WILL THE POPCAP PARTIES' TOTAL AGGREGATE LIABILITY TO YOU FOR DIRECT DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THIS EULA AND/OR YOUR USE OF THE GAME EXCEED THE AMOUNT PAID BY YOU FOR THE GAME OR TWENTY DOLLARS, WHICHEVER IS GREATER.  IN NO EVENT WILL THE POPCAP PARTIES BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR ANY OTHER TYPE OF DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES RELATING TO LOST PROFITS, LOSS OF DATA, PRIVACY, NEGLIGENCE OR OTHER DUTY OF CARE), EVEN IF ONE OR MORE OF THE POPCAP PARTIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

6.	BASIS OF THE BARGAIN; EXCLUSIONS. The disclaimers of warranties and limitations of liability set forth above are fundamental elements of the basis of the agreement between you and PopCap.  You understand and agree that PopCap would not be able to economically or reasonably provide the Game to you without these limitations. HOWEVER, SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES AND/OR THE LIMITATION OF INDIRECT DAMAGES AS SET FORTH IN SECTIONS 4 AND 5 ABOVE, SO THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

7.	INDEMNIFICATION.  You agree to indemnify, defend and hold harmless the PopCap Parties, including their respective employees, officers, directors and personnel from any claims, losses, damages, liabilities, including attorneys' fees, arising out of your violation of this EULA and/or your use or misuse of the Game.

8.	EXPORT CONTROL.  The Game originates in the United States and is subject to United States export laws and regulations. You may not export or re-export, in whole or in part, the Game to certain countries, persons or entities prohibited from receiving exports from the United States.  Additionally, the Game may be subject to the import and export laws of other countries, and you agree that you will comply with any such foreign import and export laws, as applicable.

9.	MISCELLANEOUS.  You agree to comply with all United States and foreign laws related to your use of the Game.  This is the entire agreement between you and PopCap relating to the subject matter herein and replaces any and all previous representations, agreements, understandings or communications, whether written or oral.  This EULA may not be modified except in writing, signed by both parties. If a court of competent jurisdiction declares any provision of this EULA to be void or unenforceable, then such provision will be interpreted, construed or reformed to the extent reasonably required to render it valid, enforceable and consistent with the original intent underlying such provision, and such invalidity or unenforceability will not affect any other provision of this EULA.   The English language version of this EULA will control its interpretation.

10.	GOVERNING LAW AND VENUE.

10.1	For users located within North America.  If you are located within North America, this EULA will be governed by and construed in accordance with the laws of the State of Washington, USA, excluding its conflicts of law rules and specifically excluding the United Nations Convention on Contracts for the International Sale of Goods.  Venue for any action hereunder shall lie exclusively in the state and federal courts located in King County, Washington USA and you hereby consent and submit to the personal jurisdiction of such courts.

10.2	For users located outside of North America.  If you are located outside North America, this EULA shall be governed by and construed in accordance with the laws of Ireland, excluding its conflict of laws rules, and specifically excluding the United Nations Convention on Contracts for the sale of International Goods.  You agree that the courts of your home country and the courts of Ireland shall have jurisdiction to hear and determine any suit, action or proceeding that may arise out of, or in connection with, this EULA.

11.	NOTICES; HOW TO CONTACT POPCAP.  The Game is made available to you by PopCap Games, Inc., located at 2401 4th Ave, Suite 300, Seattle, WA 98121 (or at an updated address posted online at www.popcap.com).

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