YOU SHOULD CAREFULLY READ THE FOLLOWING END USER LICENSE AGREEMENT BEFORE

INSTALLING THIS SOFTWARE PROGRAM. BY INSTALLING, COPYING, OR OTHERWISE USING

THE SOFTWARE PROGRAM, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT.
IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, PROMPTLY RETURN THE
UNUSED SOFTWARE PROGRAM TO THE PLACE OF PURCHASE OR CONTACT SIERRA
ENTERTAINMENT CUSTOMER SERVICE AT (800) 757-7707 FOR A FULL REFUND OF THE
PURCHASE PRICE WITHIN 30 DAYS OF THE ORIGINAL PURCHASE.

This software program and any files that are provided by Sierra Entertainment, Inc., to you by on-line transmission
or otherwise to ‘patch,’ ‘update,’ or modify the software program, as well as any printed materials, on-line or
electronic documentation, and any and all copies and derivative works of such software program and materials are
the copyrighted work of Sierra Entertainment, Inc., and/or its wholly owned subsidiaries, licensors and suppliers,
(“Licensor”). All use of the Program is governed by the terms of the End User License Agreement which is provided
below ("License Agreement"). The Program is solely for use by end users according to the terms of the License
Agreement. Any use, reproduction or redistribution of the Program not in accordance with the terms of the License
Agreement is expressly prohibited.
END USER LICENSE AGREEMENT

1. Limited Use License. Licensor hereby grants, and by installing the Program you thereby accept, a limited,
non-exclusive license and right to install and use one (1) copy of the Program for your use on either a home or
portable computer. The Program also contains a “Campaign Editor” (the "Editor") that allows you to create custom
levels or other materials for your personal use in connection with the Program ("New Materials"). All use of the
Editor or any New Materials is subject to this License Agreement. In addition, The Program has a multi-player
capability that allows users to utilize the Program over the Internet via GameSpy.com or another gaming network
designated by Licensor (an “On-line Provider”). Use of the Program over GameSpy.com or other On-line Provider is
subject to your acceptance of GameSpy.com’s or such other On-line Provider’s Terms of Use Agreement as may be
updated or modified at any time. The Program is licensed, not sold. Your license confers no title or ownership in the
Program.
2. Ownership. All title, ownership rights and intellectual property rights in and to the Program and any and all
copies thereof (including but not limited to any titles, computer code, themes, objects, characters, character names,
stories, dialog, catch phrases, locations, concepts, artwork, animations, sounds, musical compositions, audio-visual
effects, methods of operation, moral rights, any related documentation, and “applets” incorporated into the Program)
are owned by Licensor or its licensors. The Program is protected by the copyright laws of the United States,
international copyright treaties and conventions, and other laws. All rights are reserved. The Program contains
certain licensed materials, and Licensor’s licensors may protect their rights in the event of any violation of this
Agreement. The Program may access websites owned, controlled by, or operated by licensed affiliates of Licensor,
and receive patches and/or updates to the Program from these websites. All patches, updates or other downloadable
material used by, or incorporated into, the Program are the copyrighted property of Licensor, who reserves all rights
therein, and shall be governed by the terms and conditions of this Agreement.
3. Responsibilities of End User.
A. Subject to the Grant of License hereinabove, you may not, in whole or in part, copy, photocopy,
reproduce, translate, reverse engineer, derive source code from, modify, disassemble, decompile, create a source
code equivalent of, create derivative works based on, or remove any proprietary notices or labels from the Program
without the prior consent, in writing, of Licensor.
B. The Program is licensed to you as a single product. Its component parts may not be separated for use on
more than one computer.
C. You are entitled to use the Program for your own use, but you are not entitled to:
(i) sell, grant a security interest in or transfer reproductions of the Program to other parties in any
way, nor to rent, lease or license the Program to others without the prior written consent of
Licensor;
 (ii) exploit the Program or any of its parts for any commercial purpose, including, but not limited to,
use at a cyber café, computer gaming center or any other location-based site (Licensor may offer
a separate Site License Agreement to permit you to make the Program available for commercial
use; contact Licensor for details);

(iii) use or allow third parties to use the Editor and the New Materials created thereby for
commercial purposes, including, but not limited to, distribution of New Materials on a stand-
alone basis or packaged with other software or hardware through any and all distribution
channels, including, but not limited to, retail sales and on-line electronic distribution, without
the express written consent of Licensor;

(iv) host or provide matchmaking services for the Program or emulate or redirect the communication
protocols used by Licensor in the network feature of the Program, through protocol emulation,
tunneling, modifying or adding components to the Program, use of a utility program or any
other techniques now known or hereafter developed, for any purpose, including, but not limited
to, network play over the Internet, network play utilizing commercial or non-commercial
gaming networks, or as part of content aggregation networks, without the prior written consent
of Licensor; and
(v) create or maintain, under any circumstance, more than one simultaneous connection to any
hosting service utilized for on-line play. All such connections, whether created by the Program
or by other tools and utilities, may only be made through methods and means expressly
approved by Licensor. Under no circumstances may you connect, or create tools that allow you
to connect, to the hosting service’s private binary interface or interfaces other than those
explicitly provided by Licensor for public use.
4. Massive Content. The Program incorporates the technology of Massive Incorporated ("Massive") that
enables certain “in-game” objects (e.g., advertising) to be temporarily uploaded to your PC or gaming console and
placed “in-game” while you are on-line. As part of that process, no personally identifiable information about you is
collected and only select non-personally identifiable information is temporarily stored by Massive. This information
that is collected and temporarily stored by Massive is not used to determine or derive personally identifiable
information about you. For full details, see Licensor’s privacy policy at www.vugames.com/corporate_policy.do
and Massive's privacy policy at www.massiveincorporated.com/site_network/privacy.htm.
5. Xiph.Org Variant. © 2002-2003, Jean-Marc Valin/Xiph.Org Foundation. THIS SOFTWARE IS PROVIDED
BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS “AS IS” AND ANY EXPRESS OR IMPLIED
WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT
SHALL THE FOUNDATION OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT
LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR
PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY,
WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE)
ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY
OF SUCH DAMAGE.
6. Program Transfer. You may permanently transfer all of your rights under this License Agreement, provided
the recipient agrees to the terms of this License Agreement and you agree to remove the Program and any New
Materials from your home or portable computer.
7. Termination. This License Agreement is effective until terminated. You may terminate the License Agreement
at any time by destroying the Program and any New Materials. Licensor may, at its discretion, terminate this License
Agreement in the event that you fail to comply with the terms and conditions contained herein. In such event, you
must immediately destroy the Program and any New Materials.
8. Export Controls. The Program may not be re-exported, downloaded or otherwise exported into (or to a
national or resident of) any country to which the U.S. has embargoed goods, or to anyone on the U.S. Treasury
Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Denial Orders. By
installing the Program, you are agreeing to the foregoing and you are representing and warranting that you are not
located in, under the control of, or a national or resident of any such country or on any such list.
9. Customer Service/Technical Support. "Customer Service" as used herein may be provided to you by Licensor
representatives by telephone and/or by electronic message (e-mail). "Technical Support" may be provided to you by
Licensor by telephone, by electronic message (e-mail), or by posting of information related to known technical
support issues on a website. Unless otherwise stated in the Program's packaging or in the Program's user manual,
nothing herein shall be construed so as to place a duty upon Licensor to provide Customer Service or Technical
Support via a toll-free telephone number for an unlimited period of time.
10. Duration of the “On-Line” Component of the Program. This Program contains an “on-line” component that
allows you to utilize the Product over the Internet utilizing servers and software maintained by Licensor and or its
affiliates. Licensor may, in its sole discretion, provide the servers and software technology necessary to utilize the
“on-line” component of the Program, or Licensor may license to third parties the right to provide the servers and
software technology necessary to utilize the “on-line” component of the Program. However, nothing contained
herein shall be construed so as to place an obligation upon Licensor to provide the servers and software technology
necessary to utilize the “on-line” component beyond the time that the Program is Out of Publication. The term “Out
of Publication” as used herein shall mean that the Program is no longer being manufactured by Licensor.
11. Limited Warranty. Licensor expressly disclaims any warranty for the Program, Editor and Manual(s). The
Program, Editor and Manual(s) are provided "as is" without warranty of any kind, either express or implied,
including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, or
noninfringement. The entire risk arising out of use or performance of the Program and Manual(s) remains with the
User; however, Licensor warrants up to and including 90 days from the date of your purchase of the Program that
the media containing the Program shall be free from defects in material and workmanship. In the event that the
media prove to be defective during that time period, and upon presentation to Licensor of proof of purchase of the
defective Program, Licensor will at its option 1) correct any defect, 2) provide you with a product of equal or lesser
value, or 3) refund your money. Some states do not allow the exclusion or limitation of implied warranties or
liability for incidental damages, so the above limitations may not apply to you.

12. Limitation of Liability. NEITHER LICENSOR, THE ON-LINE PROVIDER, NOR EACH OF ITS
RESPECTIVE PARENTS, SUBSIDIARIES OR AFFILIATES SHALL BE LIABLE IN ANY WAY FOR LOSS OR
DAMAGE OF ANY KIND RESULTING FROM THE USE OF THE PROGRAM, THE EDITOR OR AN
AUTHORIZED ON-LINE GAME NETWORK, INCLUDING, BUT NOT LIMITED TO, LOSS OF GOODWILL,
WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER
COMMERCIAL DAMAGES OR LOSSES. ANY WARRANTY AGAINST INFRINGEMENT THAT MAY BE
PROVIDED IN SECTION 2-312(3) OF THE UNIFORM COMMERCIAL CODE AND/OR IN ANY OTHER
COMPARABLE STATE STATUTE IS EXPRESSLY DISCLAIMED. FURTHER, EACH OF LICENSOR, ITS
PARENT AND THE ON-LINE PROVIDER SHALL NOT BE LIABLE IN ANY WAY FOR THE LOSS OR
DAMAGE TO PLAYER CHARACTERS, ACCOUNTS, STATISTICS OR USER PROFILE INFORMATION
STORED ON AN AUTHORIZED ON-LINE GAME NETWORK, INCLUDING GAMESPY.COM. EACH OF
LICENSOR, ITS PARENT, AND THE ON-LINE PROVIDER SHALL NOT BE RESPONSIBLE FOR ANY
INTERRUPTIONS OF SERVICE ON GAMESPY.COM OR OTHER AUTHORIZED ON-LINE GAME
NETWORK, INCLUDING, BUT NOT LIMITED TO, ISP DISRUPTIONS, SOFTWARE OR HARDWARE
FAILURES, OR ANY OTHER EVENT WHICH MAY RESULT IN A LOSS OF DATA OR DISRUPTION OF
SERVICE. Some states do not allow the exclusion or limitation of incidental or consequential damages, or allow
limitations on how long an implied warranty lasts, so the above limitations may not apply.

13. Equitable Remedies. You hereby agree that Licensor would be irreparably damaged if the terms of this
License Agreement were not specifically enforced, and therefore 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 License
Agreement, in addition to such other remedies as Licensor may otherwise have available to it under applicable laws.
In the event any litigation is brought by either party in connection with this License Agreement, the prevailing party
in such litigation shall be entitled to recover from the other party all the costs, attorneys’ fees and other expenses
incurred by such prevailing party in the litigation.
14. Limitations on License. Nothing in this License Agreement shall preclude you from making or authorizing
the making of another copy or adaptation of the Program, provided, however, that (1) such new copy or adaptation is
created as an essential step in your utilization of the Program in accordance with the terms of this License
Agreement and for NO OTHER PURPOSE; or (2) such new copy or adaptation is for archival purposes ONLY and
all archival copies are destroyed in the event of your Transfer of the Program, the Termination of this Agreement or
other circumstances under which your continued use of the Program ceases to be rightful.

15. Miscellaneous. This License Agreement shall be deemed to have been made and executed in the State of
California, and any dispute arising hereunder shall be resolved in accordance with the law of California. You agree
that any claim asserted in any legal proceeding by one of the parties against the other shall be commenced and
maintained in any state or federal court located in the State of California, County of Los Angeles, having subject
matter jurisdiction with respect to the dispute between the parties. This License Agreement may be amended, altered
or modified only by an instrument in writing, specifying such amendment, alteration or modification, executed by
both parties. In the event that any provision of this License Agreement shall be held by a court or other tribunal of
competent jurisdiction to be unenforceable, such provision will be enforced to the maximum extent permissible, and
the remaining portions of this License Agreement shall remain in full force and effect. This License Agreement
constitutes and contains the entire agreement between the parties with respect to the subject matter hereof and
supersedes any prior oral or written agreements.
You hereby acknowledge that you have read and understand the foregoing License Agreement and agree that the
action of installing the Program is an acknowledgment of my agreement to be bound by the terms and conditions of
the License Agreement contained herein. You also acknowledge and agree that this License Agreement is the
complete and exclusive statement of the agreement between Licensor and yourself and that the License Agreement
supersedes any prior or contemporaneous agreement, either oral or written, and any other communications between
you and Licensor.