ARMY GAME LICENSING AGREEMENT

PLEASE READ CAREFULLY.


This product is owned by the government of the United States of America and its use and reproduction are governed by the terms of this Licensing Agreement. 

READ THE TERMS OF THIS AGREEMENT AND ANY PROVIDED SUPPLEMENTAL LICENSE TERMS (COLLECTIVELY "AGREEMENT") CAREFULLY BEFORE OPENING THE SOFTWARE MEDIA PACKAGE.  BY OPENING THE SOFTWARE MEDIA PACKAGE, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSING AGREEMENT, INCLUDING THE GOVERNMENT'S ACCEPTABLE USE POLICY AND SUCH OTHER POLICIES AS IT MAY FROM TIME TO TIME ESTABLISH.  IF YOU DO NOT AGREE TO ABIDE BY THE TERMS OF THIS LICENSE, THE SOFTWARE SHOULD BE DESTROYED.  SHOULD YOU HAVE QUESTIONS ABOUT THIS LICENSING AGREEMENT OR THE PROPER USE OF THE SOFTWARE, PLEASE CONTACT THE ARMY GAME PROJECT AT:  licensing@americasarmy.com.

IF YOU ARE ACCESSING THE SOFTWARE ELECTRONICALLY, INDICATE YOUR ACCEPTANCE OF THESE TERMS BY SELECTING THE "ACCEPT" BUTTON AT THE END OF THIS AGREEMENT.  IF YOU DO NOT AGREE TO ALL OF THESE TERMS YOU MAY NOT ACCESS THE SOFTWARE.  INSTEAD, YOU SHOULD SELECT THE "DO NOT ACCEPT" BUTTON AT THE END OF THIS AGREEMENT.

1. License to Use.
Subject to the provisions contained herein, Army Game Project (hereinafter, "Developer") hereby grants you a non-exclusive license to install and use the accompanying version of the proprietary software, its associated documentation and any updates thereto (collectively "Software").  The Developer may modify the Software at any time for any reason. 

2. Restrictions.
The Software embodies trade secrets and intellectual property protected by United States and international copyrights and other laws and international treaties.  By using the Software, you agree that all rights, title, and interest in the Software, including the copyrights and trade secrets, are the property of the Developer.  You agree not to modify, decompile, disassemble, or otherwise reverse engineer the Software.  In addition, you may not copy, reproduce, distribute, publish, display, perform, modify, create derivative works, transmit, or in any way exploit any part of the Software or associated registered user accounts, except as permitted under this Licensing Agreement.  The Software has been developed for entertainment purposes only and is not designed or licensed for any other purpose.  No rights, title or interest in or to any trademark, service mark, logo, trade name, or any other intellectual property right of Developer or the United States government or its licensors is granted under this Agreement.

3. Distribution
Except as otherwise provided in this Licensing Agreement, you may make copies of the Software and distribute them as long as the software is fully attributed to the Developer, the Software is whole and unmodified in any way and it is provided without charge to the recipient or any other party.  This software may not be distributed as part of a package (with additional software or other products) without express written permission from Developer. 

4. Disclaimer of Warranty.
4.1.  UNLESS OTHERWISE SPECIFIED IN THIS AGREEMENT, THE SOFTWARE IS DISTRIBUTED "AS IS."  ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, ARE DISCLAIMED EXCEPT TO THE EXTENT THAT THESE DISCLAIMERS ARE HELD TO BE LEGALLY INVALID.   THE SOFTWARE YOU ARE USING IS IN THE DEVELOPMENT STAGE AND, BY USING IT, YOU AGREE TO ASSUME FULL RESPONSIBILITY AND RISK FOR ANY COSTS OR DAMAGES YOU MAY INCUR WHILE USING THE SOFTWARE.
4.2.  THIS SOFTWARE HAS BEEN PROVIDED TO YOU FREE OF CHARGE AND YOUR USE OF IT IS AT YOUR OWN RISK.  UNDER NO CIRCUMSTANCES SHALL THE DEVELOPER, UNITED STATES GOVERNMENT, THEIR EMPLOYEES, AFFLILIATES OR CONTRACTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES THAT RESULT IN ANY WAY FROM: ANY USE OF THE SOFTWARE; OR, YOUR RELIANCE ON OR USE OF INFORMATION, SERVICES OR MERCHANDISE PROVIDED BY THE DEVELOPER IN RELATION TO THE SOFTWARE, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR ANY FAILURE OF PERFORMANCE.

5. Consent to Use of Data. You agree that Developer and/or its affiliates may ask for, collect, use, store and transmit personal information to include but not be limited to: country of origin, state, zip code, birthday, and  technical and related information that identifies your computer, including without limitation your Internet Protocol address, operating system, the Software, and peripheral hardware, that may be gathered periodically to facilitate online play such as the provision of software updates, dynamically served content and product support. Developer may also use this information in the aggregate, in a form which does not personally identify you, for statistical purposes and to improve our Software. Disclosure of demographic information is voluntary; however, failure to provide the information may prevent you from utilizing all features of the Software.

6. Export Controls.  You may not download, use or otherwise export or re-export the Software or any underlying information or technology except in full compliance with all United States and other applicable laws and regulations.  In particular, but without limitation, neither the Software nor any underlying information or technology may be downloaded, used or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Libya, North Korea, Iran, Syria, Sudan and any other country to which the United States has embargoed goods or (ii) to anyone on the U.S. Treasury Department's list of specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders.  By downloading or using the Software, you represent and warrant that you are not located in, under the control of or a national or resident of any such country or on any such list.

7. Any licensees of our server software must secure the written approval of the U.S. Army prior to establishing a server on a fee for service basis or for which they seek remuneration.  Requests for written approval will be forwarded to licensing@americasarmy.com.

EvenBalance, Inc. PunkBuster End User License Agreement

SOFTWARE LICENSE AGREEMENT

The terms of this Software License Agreement (this "Agreement") shall apply to all versions, editions, and future updates of PunkBuster software and constitute a legal agreement between you (the "Licensee") and Even Balance, Inc. (the "Licensor").

BY INSTALLING, ENABLING OR USING PUNKBUSTER SOFTWARE, THE LICENSEE IS CONSENTING TO BE BOUND BY AND IS BECOMING A PARTY TO THIS AGREEMENT. IF LICENSEE DOES NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, ACCEPTANCE MUST NOT BE SPECIFIED BELOW AND LICENSEE MUST NOT INSTALL OR USE THE SOFTWARE.

EVEN BALANCE, INC. RESERVES ALL RIGHTS NOT SPECIFICALLY GRANTED HEREIN.

Licensor grants Licensee a non-exclusive and non-transferable license to use PunkBuster software only for non-commercial entertainment purposes. Licensee may not disassemble, decompile, reverse engineer, redistribute (in any form), create derivative works of, or modify PunkBuster software in any way. Licensor reserves the right to terminate the license at any time and for any reason, or no reason at all, and without notice to licensee. Additionally, upon breach of any term of this Agreement, the license granted under this Agreement shall automatically terminate without any additional notice to Licensee. Upon termination of the license, Licensee shall destroy all copies of PunkBuster software in Licensee's possession.

Licensee acknowledges that PunkBuster software is optional and is not a requirement in any respect for using or enjoying games that integrate PunkBuster software technology. Licensee also acknowledges and agrees that PunkBuster software is self-updating, which means that future updates will, from time to time and without any notice, automatically be downloaded and installed as a normal and expected function of PunkBuster software. Licensee further acknowledges and accepts that PunkBuster software may be considered invasive. Licensee understands that PunkBuster software inspects and reports information about the computer on which it is installed to other connected computers and Licensee agrees to allow PunkBuster software to inspect and report such information about the computer on which Licensee installs PunkBuster software. Licensee understands and agrees that the information that may be inspected and reported by PunkBuster software includes, but is not limited to, Licensee's Internet Protocol Address, devices and any files residing on the hard-drive and in the memory of the computer on which PunkBuster software is installed. Licensee acknowledges and agrees that if Licensee does not want Licensor to collect and process such information, Licensee should not use the PunkBuster software. Further, Licensee consents to allow PunkBuster software to transfer actual screenshots taken of Licensee's computer during the operation of PunkBuster software for possible publication. Licensee understands that the purpose and goal of PunkBuster is to ensure a cheat-free environment for all participants in online games. Licensee agrees that the invasive nature of PunkBuster software is necessary to meet this purpose and goal. Licensee agrees that any harm or lack of privacy resulting from the installation and use of PunkBuster software is not as valuable to Licensee as the potential ability to play interactive online games with the benefits afforded by using PunkBuster software.

Licensee agrees not to export or re-export into any country subject to U.S. trade sanctions or to which the U.S. has embargoed goods or to any nationals or residents of such countries unless such nationals are permanent residents of a country that is not subject either to such sanctions or embargoed goods. LICENSEE AGREES NOT TO DOWNLOAD, INSTALL, OR USE PUNKBUSTER SOFTWARE IN A COUNTRY OR LOCALE WHERE SUCH ACTION WOULD VIOLATE ANY LAW OR ORDINANCE.

This Software License Agreement shall be construed in accordance with and governed by the applicable laws of the State of Texas and applicable United States federal law. Exclusive venue for all litigation regarding this Agreement shall be in Harris County, Texas. Licensee agrees that any portion of this Agreement found to be invalid or unenforceable shall be modified, to the extent allowed by law, so as to allow for the enforcement of the original intended meaning of the portion found to be invalid or unenforceable.

PUNKBUSTER SOFTWARE IS PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTY OF ANY KIND INCLUDING, BUT NOT LIMITED TO, AND WITHOUT LIMITATION, THAT IT IS FREE OF DEFECTS, FIT FOR A PARTICULAR PURPOSE, OR THAT IT IS MERCHANTABLE. LICENSOR DOES NOT WARRANT THAT THE OPERATION OF PUNKBUSTER SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT IT WILL MEET LICENSEE'S SPECIFIC REQUIREMENTS OR DESIRES. LICENSEE AGREES THAT NEITHER EVEN BALANCE, INC., ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, CONTRACTORS, LICENSORS, BUSINESS PARTNERS, SUCCESSORS NOR ASSIGNS SHALL BE LIABLE FOR ANY CLAIM WHATSOEVER INVOLVING PUNKBUSTER SOFTWARE IN ANY WAY. FURTHERMORE, SHOULD ANY VERSION OF PUNKBUSTER SOFTWARE, INCLUDING FUTURE VERSIONS, PROVE DEFECTIVE IN ANY WAY, LICENSEE ASSUMES THE ENTIRE COST, IF ANY, OF LOSS OR DAMAGE OF ANY TYPE AND TO ANY DEGREE. THIS WARRANTY DISCLAIMER SHALL SURVIVE TERMINATION OF THE LICENSE OF PUNKBUSTER SOFTWARE BY LICENSEE, REGARDLESS OF WHETHER THE LICENSE IS TERMINATED BY EVENBALANCE, INC. OR LICENSEE.

This Agreement constitutes the entire agreement between Licensor and Licensee and supercedes any prior statements, whether written or oral.