End User License Agreement ("EULA" or "Agreement")

CAREFULLY READ THE FOLLOWING AGREEMENT. BY INSTALLING OR USING THE SOFTWARE

(AS DEFINED BELOW), YOU ARE CONSENTING TO BE BOUND BY AND ARE BECOMING A PARTY
TO THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT,
THEN DO NOT INSTALL OR USE THE SOFTWARE.

AS FURTHER SET FORTH IN SECTION 6 OF THE GENERAL PROVISIONS BELOW, YOU AGREE
THAT ANY DISPUTES ARE TO BE RESOLVED BY BINDING ARBITRATION ON AN INDIVIDUAL BASIS
AND THAT YOU WAIVE YOUR RIGHT TO A JURY TRIAL.

This Software, and any and all copies and derivative works are the copyrighted work of Telltale, Inc.
(“TTG”) or its licensors. All use of the Software is governed by the terms of this EULA. Online and other
gameplay for the game associated with the Software [the “Game”] is subject to the Terms of Use and the
Privacy Policy, both of which may be updated and are incorporated herein by reference and which also
may be available online at www.telltalegames.com. The Software is solely for use by end users
according to the terms of this EULA. Any use, reproduction or redistribution of the Software not in
accordance with the terms of this EULA is expressly prohibited.

License Grant

The “Software” is collectively defined as the computer program, access codes, artwork, music, audio, on-
line or electronic documentation and other components that may be included in or distributed with the
product or Game accompanying this EULA and related printed materials or on-line or electronic
documentation, if any, and all copies of such materials as such may be modified or updated. "Software"
also includes, without limitation, any trial versions, full versions, upgrades, patches, enhancements,
additions and copies of the Software. "You" means the person or entity who is being licensed to use the
Software. "We" and "us" means TTG. The Software is licensed, not sold, to you, and you agree that you
have no ownership rights in the Software.

Subject to you remaining in compliance with the terms of this EULA, if you lawfully acquired the Software
and, additionally, did not bypass the digital rights management package and routine or other security
system associated with accessing or using the Software, then we hereby grant you a nonexclusive
license to use one copy of the Software on any single computer, provided the Software is in use on only
one computer at any time running a single instance of the Software. The Software is "in use" on a
computer when it is loaded into temporary memory (RAM) or installed into the permanent memory of a
computer—for example, a hard disk, CD-ROM or other storage device.

Delivery of the Game

The Game is comprised of a number of episodes that will be designated by TTG. If you lawfully acquire
an episode of the Game, you may access and play episodes of it at such time as they are made available
(and each episode will initially be released separately at a time to be determined by TTG).

TTG makes no representations or guarantees regarding the availability of online play or that the Game
will be available for download or play in all regions or countries. You are responsible for obtaining your
own Internet connection and paying all associated fees. TTG also accepts no responsibility or liability for
any failure of your computer or gaming system to meet the technical requirements of the Game.
Title

As between you and TTG, all title, ownership rights and intellectual property rights in and to the Software
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 computer applications incorporated into the Software) are owned by TTG or its
licensors. The Software is protected by the copyright and trademark laws of the United States,
international copyright treaties and conventions and other laws. All rights are reserved. The Software
contains certain licensed content, and TTG’s licensors may protect their rights against any party in the
event of any violation of this Agreement. TTG owns or controls the copyright in the Software and all right,
title, and interest and all intellectual property rights to the technical elements, interface and assets, and
related data, code, and trade secrets (if any) relating thereto.

Archival or Backup Copies

You may either:

 Make one copy of the Software solely for backup or archival purposes, or
 Transfer the Software to a single hard disk, provided you keep the original solely for backup or archival
purposes.

Things You May Not Do

The Software is protected by United States copyright laws and international treaties. You must treat the
Software like any other copyrighted material--for example a book. You may not:

 Copy all or any part of the Software except to make archival or backup copies as provided above;
 Modify or adapt the Software or merge it into another program or create derivative works bases on the
Software;
 Reverse engineer, disassemble, decompile or make any attempt to discover the source code of the
Software;
 Exploit the Software 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;
 Place the Software onto a server without our written permission so that it is accessible via a public
network such as the Internet;
 Engage in matchmaking for multi-player play (if such feature is available with the Software) over
unauthorized networks
 Remove, disable, or circumvent any proprietary notices or labels contained on or within the Software;
 Circumvent or attempt to circumvent any technological measures in the Software or any accompanying
media designed to prevent copying or unauthorized access; or
 Sublicense, rent, license, modify, publicly perform, publish, edit, lease or lend any portion of the
Software or create any derivative works of any kind or nature of the Software.

Transfers

You may transfer all your rights to use the Software and Documentation to another person or legal entity
provided you transfer this Agreement, the Software and Documentation, including all copies, updates and
prior versions to such person or entity and that you retain no copies, including copies stored on a
computer. You may transfer the Software and Documentation, but only if the recipient agrees to accept
and be bound by the terms and conditions of this EULA. If you transfer the Software, you must transfer
all components and Documentation and erase any copies residing on computer equipment and not retain
any copies of the Software. Your rights in and to this license are automatically terminated if and when you
transfer the Software.

Customer Experience Improvement Program and Usage Data

When using any version of the Software we may collect information about how you use our Software and
services in order to identify trends and usage patterns. We may collect your name, address, e-mail
address, credit card number or any other personally identifiable information in relation to the use of this
Software. If you use or access the Software online, we may also collect, store and publicly display
statistical data related to gameplay, including scores, player rankings and achievements. We will not
collect any personally identifiable information about you, however, without your knowledge and consent
as stated in our Privacy Policy, located at www.telltalegames.com. Subject to the terms of our Privacy
Policy, you agree that we may send you commercial e-mail messages, including, but not limited to,
promotions and customer service messages, if you provide us with your e-mail address.

Additionally, we may send promotional messages or updates to the Game which will be relayed to you
during the usage of the Software.

In connection with identifying trends and usage patterns, we may store your TTG account information
(which includes personally identifiable information including an e-mail address) to permit us to track your
usage of the Software including saved Software on your account, the number of times you access your
account, when and from which computer you access your account and how long you are using the
Software each time you access your account. TTG may aggregate the information that it tracks to show
overall usage patterns and trends and share that information with third parties; however, that aggregated
information will not contain any personally identifiable information.

Limited Warranty

We warrant that for a period of 30 days after delivery of this copy of the unused Software to you:
 If the copy of the Software governed by this EULA is distributed on physical media, it will be free from
defects in materials and workmanship under normal use.

TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE FOREGOING LIMITED WARRANTY IS IN

LIEU OF ALL OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, AND WE DISCLAIM
ANY AND ALL IMPLIED WARRANTIES OR CONDITIONS, INCLUDING ANY IMPLIED WARRANTY OF
TITLE, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE,
REGARDLESS OF WHETHER WE KNOW OR HAD REASON TO KNOW OF YOUR PARTICULAR
NEEDS. NO EMPLOYEE, AGENT, DEALER OR DISTRIBUTOR OF OURS IS AUTHORIZED TO
MODIFY THIS LIMITED WARRANTY, NOR TO MAKE ANY ADDITIONAL WARRANTIES.

TTG MAKES NO WARRANTY, EXPRESS OR IMPLIED, AS TO SOFTWARE DELIVERED DIGITALLY

AND TTG DISCLAIMS ANY AND ALL IMPLIED WARRANTIES OR CONDITIONS, INCLUDING ANY
IMPLIED WARRANTY OF TITLE, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE RELATED TO DIGITALLY DELIVERED SOFTWARE, REGARDLESS OF
WHETHER WE KNOW OR HAD REASON TO KNOW OF YOUR PARTICULAR NEEDS.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE
ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL
RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.

Limited Remedy

Our entire liability and your exclusive remedy for any claim related to your use of the Software shall be:
 The replacement of any CD(s) or other media not meeting our Limited Warranty which is returned to us
or to an authorized Dealer or Distributor with a copy of your receipt, or
 If we or an authorized Dealer or Distributor are unable to deliver a replacement CD(s) or other media
that is free of defects in materials or workmanship, you may terminate this Agreement by returning the
Software - and your money (if a fee was paid to us for the Software) will be refunded or, at TTG’s
option, TTG may provide a replacement product to you of equal or similar value (as determined by
TTG).
 For Software delivered to you digitally, our entire liability and your exclusive remedy shall be a credit
issued to your account (which credit is issued only in TTG’s discretion).

UNDER NO CIRCUMSTANCES INCLUDING NEGLIGENCE, SHALL TTG, OR ITS DIRECTORS,

OFFICERS, EMPLOYEES, LICENSORS, LICENSEES OR AGENTS, BE LIABLE TO YOU FOR ANY
INCIDENTAL, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR
LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOST DATA, LOSS OF BUSINESS
INFORMATION, AND THE LIKE) ARISING OUT OF THE POSSESSION, USE, OR MALFUNCTION OF
THE SOFTWARE, INCLUDING WITHOUT LIMITATION, DAMAGE TO PROPERTY AND, TO THE
EXTENT PERMITTED BY LAW, DAMAGES FOR PERSONAL INJURY, EVEN IF TTG OR A TTG
AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES
OR LOSS.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR

INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY
NOT APPLY TO YOU.

Term and Termination

This Agreement takes effect upon your use of the Software and remains effective until terminated. You
may terminate it at any time by destroying all copies of the Software in your possession. It will also
automatically terminate if you fail to comply with any term or condition of this Agreement. You agree on
termination of this Agreement to stop using the Software and either return to us or destroy all copies of
the Software in your possession.

General Provisions

1. This Agreement is the exclusive agreement between you and us concerning the Software and
supersedes any and all prior oral or written agreements, negotiations or other dealings between us
concerning the Software.

2. Except as provided herein, this Agreement may not be amended except in a writing signed by both
parties; provided, however, that TTG has the right, without notice and/or without a writing signed by both
parties, to amend this EULA in connection with any modifications or updates or patches to the Software or
by posting an amendment on TTG’s website, www.telltalegames.com.
3. You agree that we may assign this agreement and the information we have gathered from you related
to the Software and this EULA in the event TTG is acquired or the Software assets are sold or transferred
to another entity.

4. You hereby agree that TTG would be irreparably damaged if the terms of this EULA were not
specifically enforced, and therefore you agree that TTG shall be entitled, without bond, other security, or
proof of damages, to appropriate equitable remedies with respect to breaches of this EULA, in addition to
such other remedies as TTG may otherwise have available to it under applicable laws. You waive the
right to any injunctive or other equitable relief to enforce the terms or conditions of this EULA.

5. The Game is a work of fiction. All of the characters, events, locations, logos, and entities portrayed in
such game are fictional. Any resemblance to real persons, living or dead, or actual events, is purely
coincidental.

6. This EULA is governed in all respects by the laws of the State of California as such laws are applied to
agreements entered into and to be performed entirely within California between California residents, and
you hereby consent to personal jurisdiction in California. This EULA will not be governed by the United
Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly
excluded. You and TTG each agree that any claim or controversy arising out of this EULA or your
purchase, access or use of the Software shall be settled by expedited binding arbitration in accordance
with the rules of the American Arbitration Association. Such arbitration shall take place in Marin County,
California, and you waive any claim that such forum is inconvenient. Any such claim or controversy shall
be arbitrated solely on an individual basis and shall not be consolidated with a claim of any other party.
YOU SPECIFICALLY WAIVE ANY RIGHT TO BRING OR BE A PART OF A CLASS ACTION LAWSUIT
FOR ANY CLAIMS RELATED TO YOUR USE, ACCESS OR PURCHASE OF THE SOFTWARE. The
arbitrator may not change the terms of this EULA. The arbitrator may award injunctive or other equitable
relief to enforce the terms hereof; provided, however, that no injunctive or equitable relief may be awarded
that would enjoin or impair TTG’s rights or ability to distribute or otherwise market, advertise, promote or
exploit the Software. If it is judicially determined that any claim or controversy arising out of or related to
this EULA or the Software cannot be settled by expedited binding arbitration as noted above, then you
agree that any such claims or controversies shall be brought as a single action, and not as a class action,
and maintained in the state courts located within the County of Marin, State of California or the federal
courts of the Northern District of California, and you waive any claim that either such forum is
inconvenient. The foregoing shall not preclude TTG from seeking any injunctive or other relief for
protection of TTG's intellectual property rights or similar rights in any court of competent jurisdiction. The
prevailing party in any action to enforce this EULA shall be entitled to recover costs and expenses
including, without limitation, reasonable attorney’s fees. TTG shall have the right, but not the obligation,
to defend or settle, at its option, any action or proceeding arising from a claim that your permitted use of
the Software infringes or misappropriates any patent, copyright, or other ownership of a third party. You
agree to provide TTG with written notice of any such claim within ten (10) business days of your first
knowledge thereof and to provide reasonable assistance in the defense of such claim. TTG shall have
sole discretion and control over the defense or settlement of such claim, unless it declines to defend or
settle such claim, in which case you are free to pursue such course of action as you reasonably
determine. TTG is under no obligation hereunder to indemnify or hold you harmless with respect to any
actions, proceedings or claims. In the event of such a claim, or if TTG believes such a claim is likely, TTG
may: (i) procure for you the right to continue using the Software; (ii) modify the Software so that it
becomes non-infringing; or, (iii) terminate this EULA. You agree to comply with any court judgment or
other conditions imposed on you or TTG as a result of an allegation of patent or copyright infringement
(whether by court order, agreement or otherwise), whether or not such judgment or conditions contradict
the conditions of this EULA, including without limitation, ceasing use of the Software.

7. If any provision of this Agreement is held to be invalid or unenforceable under applicable law, the
remaining provisions of the Agreement shall continue in full force and effect. Any failure by TTG to act
with respect to a breach by you or others does not waive its right to act with respect to subsequent or
similar breaches. In the event of a conflict between this Agreement and any other purchase or other terms
related to your use or access of the Software, the terms of this Agreement will govern.

8. You agree that the Software will not be shipped, transferred or exported into any country or used in any
manner prohibited by the United States Export Administration Act or any other export laws, restrictions or
regulations.