LIMITED SOFTWARE WARRANTY AND LICENSE AGREEMENT

YOUR USE OF this software is subject to this Limited software warranty and License agreement (the “agreement”) and the terms set forth below.  The “SOFTWARE” includes all software included with this agreement, the accompanying manual (s), packaging and other written, ELECTRONIC OR ON-LINE materials or documentation, and any and all copies of such software and ITS materials.  By opening THE SOFTWARE, installing, and/or using the SOFTWARE and any OTHER MATERIALS INCLUDED WITH THE SOFTWARE, you HEREBY accept the terms of this license with 2K Games AND BETHESDA SOFTWORKS LLC (COLLECTIVELY, “LICENSOR”).

LICENSE.  Subject to this Agreement and its terms and conditions, LICENSOR hereby grants you the non-exclusive, non-transferable, limited right and license to use one copy of the Software for your personal, non-commercial use on a single home or portable computer.  The Software is being licensed to you and you hereby acknowledge that no title or ownership in the Software is being transferred or assigned and this Agreement should not be construed as a sale of any rights in the Software.  All rights not specifically granted under this Agreement are reserved by LICENSOR and, as applicable, its licensors. 

OWNERSHIP.  LICENSOR retains all right, title and interest to this Software, including, but not limited to, all copyrights, trademarks, trade secrets, trade names, proprietary rights, patents, titles, computer codes, audiovisual effects, themes, characters, character names, stories, dialog, settings, artwork, sounds effects, musical works, and moral rights.  The Software is protected by United States copyright law and applicable copyright laws and treaties throughout the world.  The Software may not be copied, reproduced or distributed in any manner or medium, in whole or in part, without prior written consent from LICENSOR. Any persons copying, reproducing or distributing all or any portion of the Software in any manner or medium, will be willfully violating the copyright laws and may be subject to civil and criminal penalties.  Be advised that Copyright violations are subject to penalties of up to $100,000 per violation.  The Software contains certain licensed materials and LICENSOR's licensors may protect their rights in the event of any violation of this Agreement.  

LICENSE CONDITIONS

You agree not to:
(a)	Commercially exploit the Software;
(b)	Distribute, lease, license, sell, rent or otherwise transfer or assign this Software, or any copies of this Software, without the express prior written consent of LICENSOR;
(c)	Make copies of the Software or any part thereof, except for back up or archival purposes;
(d)	Except as otherwise specifically provided by the Software or this Agreement, use or install the Software (or permit others to do same) on a network, for on-line use, or on more than one computer, computer terminal, or workstation at the same time;
(e)	Copy the Software onto a hard drive or other storage device and must run the Software from the included CD-ROM (although the Software may automatically copy a portion of itself onto your hard drive during installation in order to run more efficiently);
(f)	use or copy the Software at a computer gaming center or any other location-based site;
(g)	Reverse engineer, decompile, disassemble or otherwise modify the Software, in whole or in part;
(h)	Remove or modify any proprietary notices or labels contained on or within the Software; and
(i)	transport, export or re-export (directly or indirectly) into any country forbidden to receive such Software by any U.S. export laws or accompanying regulations or otherwise violate such laws or regulations, that may be amended from time to time.

THE SOFTWARE UTILITIES.  

The Software makes available, as a separate downloadable installer, a level editor or other similar type tools, assets and other materials (the “Software Utilities”) that permit you to construct or customize new game levels and other related game materials for personal use in connection with the Software (“Customized Game Materials”).  In the event you access such Software Utilities, the use of the Software Utilities is subject to the following additional terms, conditions and restrictions:

(a)	All Customized Game Materials created by you are exclusively owned by LICENSOR and/or its licensors (as the case may be) and you hereby transfer, assign and convey to LICENSOR all right, title and interest in and to the Customized Game Materials and LICENSOR and its permitted licensors may use any Customized Game Materials made publicly available to you for any purpose whatsoever, including but not limited to for purposes of advertising and promoting the Software;
(b)	You will not use or permit third parties to use the Software Utilities and the Customized Game Materials created by you for any commercial purposes, including but not limited to distributing, leasing, licensing, renting, selling, or otherwise exploiting, transferring or assigning the ownership of such Customized Game Materials;
(c)	Customized Game Materials must be distributed solely for free;
(d)	Customized Game Materials shall not contain modifications to any other executable files;
(e)	Customized Game Materials must be used alone and can be created if the Customized Game Materials will be used exclusively in combination with the commercially released retail version of the Software.  
(f)	Customized Game Materials cannot contain libelous, defamatory or other illegal material, material that is scandalous or invades the rights of privacy or publicity of any third party, or contain any trademarks, copyright-protected work or other property of third parties (without a valid license); and
(g)	All Customized Game Materials must contain the proper credits to the authors of the Customized Game Materials and must indicate that LICENSOR is not the author of the Customized Game Materials with additional language that “THIS MATERIAL IS NOT MADE, GUARANTEED OR SUPPORTED BY THE PUBLISHER OF THE SOFTWARE OR ITS AFFILIATES.”

LIMITED WARRANTY:  LICENSOR warrants to you (if you are the initial and original purchaser of the Software) that the original storage medium holding the Software is free from defects in material and workmanship under normal use and service for 90 days from the date of purchase.  If for any reason you find a defect in the storage medium during the warranty period, LICENSOR agrees to replace, free of charge, any Software discovered to be defective within the warranty period as long as the Software is currently being manufactured by LICENSOR.  If the Software is no longer available, LICENSOR retains the right to substitute a similar program of equal or greater value.  This warranty is limited to the storage medium containing the Software as originally provided by LICENSOR and is not applicable to normal wear and tear.   This warranty shall not be applicable and shall be void if the defect has arisen through abuse, mistreatment, or neglect.  Any implied warranties prescribed by statute are expressly limited to the 90-day period described above. 

Except as set forth above, this warranty is in lieu of all other warranties, whether oral or written, express or implied, including any other warranty of merchantability, fitness for a particular purpose or non-infringement, and no other representations or warranties of any kind shall be binding on LICENSOR. 

When returning the Software subject to the limited warranty above, please send the original Software only to the LICENSOR address specified below and include: your name and return address; a photocopy of your dated sales receipt; and a brief note describing the defect and the system on which you are running the Software.

in no event will Licensor be liable for special, incidental 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 Licensor has been advised of the possibility of such damages.  LICENSOR's liability shall not exceed the actual price paid for use OF THE Software.  Some states/countries do not allow limitations on how long an implied warranty lasts and/or the exclusion or limitation of incidental or consequential damages, so the above limitations and/or exclusion or limitation of liability may not apply to you.  This warranty gives you specific legal rights, and you may have other RIGHTS THAT vary from jurisdiction to jurisdiction.

Termination: This Agreement will terminate automatically if you fail to comply with its terms and conditions.  In such event, you must destroy all copies of the Software and all of its component parts.  You can also end this Agreement by destroying the Software and all copies and reproductions of the Software and deleting and permanently purging the Software from any client server or computer on which it has been installed.

U.S. GOVERNMENT RESTRICTED RIGHTS:  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 Date 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, as applicable.  The Contractor/Manufacturer is the LICENSOR at the location listed below.

Equitable Remedies. You hereby agree that if the terms of this Agreement are not specifically enforced, LICENSOR will be irreparably damaged, and therefore you agree that LICENSOR shall be entitled, without bond, other security, proof of damages, to appropriate equitable remedies with respect any of this Agreement, in addition to any other available remedies.

Indemnity:  You agree to indemnify, defend and hold LICENSOR, its partners, licensors, affiliates, contractors, officers, directors, employees and agents harmless from all damages, losses and expenses arising directly or indirectly from your acts and omissions to act in using the Software pursuant to the terms of the Agreement.

MISCELLANEOUS:  This Agreement represents the complete agreement concerning this license between the parties and supersedes all prior agreements and representations between them.  It may be amended only by a writing executed by both parties.  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 the remaining provisions of this Agreement shall not be affected.  This Agreement shall be construed under New York law as such law is applied to agreements between New York residents entered into and to be performed within New York, except as governed by federal law and you consent to the exclusive jurisdiction of the sate and federal courts in New York, New York.

If you have any questions concerning this license, you may contact in writing 2K games, 575 Broadway, New york, ny 10012.


MICROSOFT DirectX 9.0c
 
SUPPLEMENTAL END USER LICENSE AGREEMENT FOR MICROSOFT SOFTWARE ("Supplemental EULA") 

IMPORTANT: READ CAREFULLY - These Microsoft Corporation ("Microsoft") operating system components, including any "online" or electronic documentation ("OS 
Components") are subject to the terms and conditions of the agreement under which you have licensed the applicable Microsoft operating system product described below (each an "End User License Agreement" or "EULA") and the terms and conditions of this Supplemental EULA. BY INSTALLING, COPYING OR OTHERWISE USING THE OS COMPONENTS, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THE APPLICABLE OPERATING SYSTEM PRODUCT EULA AND THIS SUPPLEMENTAL EULA. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT INSTALL, COPY OR USE THE OS COMPONENTS. 

NOTE: IF YOU DO NOT HAVE A VALIDLY LICENSED COPY OF ANY VERSION OR EDITION OF MICROSOFT WINDOWS XP MEDIA CENTER EDITION, MICROSOFT WINDOWS 95, WINDOWS 98, WINDOWS NT 4.0 WINDOWS 2000 OPERATING SYSTEM OR ANY MICROSOFT OPERATING SYSTEM THAT IS A SUCCESSOR TO ANY OF THOSE OPERATING SYSTEMS (each an "OS Product"), 
YOU ARE NOT AUTHORIZED TO INSTALL, COPY OR OTHERWISE USE THE OS COMPONENTS AND YOU HAVE NO RIGHTS UNDER THIS SUPPLEMENTAL EULA. 

Capitalized terms used in this Supplemental EULA and not otherwise defined 
herein shall have the meanings assigned to them in the applicable OS Product 
EULA. 

General. Each of the OS Components available from this site is identified as being applicable to one or more of the OS Products. The applicable OS Components are provided to you by Microsoft to update, supplement, or replace existing functionality of the applicable OS Product. Microsoft grants you a license to use the applicable OS Components under the terms and conditions of the EULA for the applicable OS Product (which are hereby incorporated by reference except as set forth below), the terms and conditions set forth in this Supplemental EULA, and the terms and conditions of any additional end user license agreement that may accompany the individual OS Components (each an "Individual EULA"), provided that you comply with all such terms and conditions. To the extent that there is a conflict among any of these terms and conditions applicable to the OS Components, the following hierarchy shall apply: 1) the terms and conditions of the Individual EULA; 2) the terms and conditions in this Supplemental EULA; and 3) the terms and conditions of the applicable OS Product EULA. 

Additional Rights and Limitations. 

* If you have multiple validly licensed copies of any OS Product, you may reproduce, install and use one copy of the applicable OS Components as part of the applicable OS product on all of your computers running validly licensed copies of the applicable OS Product, provided that you use such additional copies of such OS Components in accordance with the terms and conditions above. For each validly licensed copy of the applicable OS Product, you also may reproduce one additional copy of the applicable OS Components solely for archival purposes or reinstallation of the OS Components on the same computer as the OS Components were previously installed. Microsoft retains all right, title and interest in and to the OS Components. All rights not expressly granted are 
reserved by Microsoft. 

* If you are installing the OS Components on behalf of an organization other than your own, prior to installing any of the OS Components, you must confirm 
that the end-user (whether an individual or a single entity) has received, read and accepted these terms and conditions. 

* The OS Components may contain technology that enables applications to be shared between two or more computers, even if an application is installed on only one of the computers. You may use this technology with all Microsoft application products for multi-party conferences. For non-Microsoft applications, you should consult the accompanying license agreement or contact the licensor to determine whether application sharing is permitted by the licensor. 

* You may not disclose the results of any benchmark test of the .NET Framework component of the OS Components to any third party without Microsoft's prior written approval. 

SOLELY WITH RESPECT TO THE MICROSOFT VIRTUAL MACHINE FOR JAVA, YOU ARE ONLY LICENSED TO INSTALL THIS OS COMPONENT ON A MACHINE THAT ALREADY CONTAINS A VERSION OF THE MICROSOFT VIRTUAL MACHINE FOR JAVA. 

IF THE APPLICABLE OS PRODUCT WAS LICENSED TO YOU BY MICROSOFT OR ANY OF ITS WHOLLY OWNED SUBSIDIARIES, THE LIMITED WARRANTY (IF ANY) INCLUDED IN THE APPLICABLE OS PRODUCT EULA APPLIES TO THE APPLICABLE OS COMPONENTS PROVIDED THE APPLICABLE OS COMPONENTS HAVE BEEN LICENSED BY YOU WITHIN THE TERM OF THE 
LIMITED WARRANTY IN THE APPLICABLE OS PRODUCT EULA. HOWEVER, THIS SUPPLEMENTAL EULA DOES NOT EXTEND THE TIME PERIOD FOR WHICH THE LIMITED WARRANTY IS PROVIDED. 

IF THE APPLICABLE OS PRODUCT WAS LICENSED TO YOU BY AN ENTITY OTHER THAN MICROSOFT OR ANY OF ITS WHOLLY OWNED SUBSIDIARIES, MICROSOFT DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE APPLICABLE OS COMPONENTS AS FOLLOWS: 

DISCLAIMER OF WARRANTIES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MICROSOFT AND ITS SUPPLIERS PROVIDE TO YOU THE OS COMPONENTS, AND ANY (IF ANY) SUPPORT SERVICES RELATED TO THE OS COMPONENTS ("SUPPORT SERVICES") AS IS AND WITH ALL FAULTS; AND MICROSOFT AND ITS SUPPLIERS HEREBY DISCLAIM WITH RESPECT TO THE OS COMPONENTS AND SUPPORT SERVICES ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY (IF ANY) WARRANTIES, DUTIES OR CONDITIONS OF OR RELATED TO: MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, LACK OF VIRUSES, ACCURACY OR COMPLETENESS OF RESPONSES, RESULTS, WORKMANLIKE EFFORT AND LACK OF NEGLIGENCE. ALSO THERE IS NO WARRANTY, DUTY OR CONDITION OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO 
DESCRIPTION OR NON-INFRINGEMENT. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE OS COMPONENTS AND ANY SUPPORT SERVICES REMAINS WITH YOU. 

EXCLUSION OF INCIDENTAL,CONSEQUENTIAL AND CERTAIN OTHER DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MICROSOFT OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL 
DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR: LOSS OF PROFITS, LOSS OF CONFIDENTIAL OR OTHER INFORMATION, BUSINESS INTERRUPTION, PERSONAL INJURY, LOSS OF PRIVACY, FAILURE TO MEET ANY DUTY (INCLUDING OF GOOD FAITH OR OF REASONABLE CARE), NEGLIGENCE, AND ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE OS COMPONENTS OR THE SUPPORT SERVICES, OR THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS 
SUPPLEMENTAL EULA, EVEN IF MICROSOFT OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 

LIMITATION OF LIABILITY AND REMEDIES. NOTWITHSTANDING ANY DAMAGES THAT YOU MIGHT INCUR FOR ANY REASON WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ALL DAMAGES REFERENCED ABOVE AND ALL DIRECT OR GENERAL DAMAGES), THE ENTIRE LIABILITY OF 
MICROSOFT AND ANY OF ITS SUPPLIERS UNDER ANY PROVISION OF THIS SUPPLEMENTAL EULA AND YOUR EXCLUSIVE REMEDY FOR ALL OF THE FOREGOING SHALL BE LIMITED TO ACTUAL DAMAGES INCURRED BY YOU BASED ON REASONABLE RELIANCE UP TO THE GREATER OF THE 
AMOUNT ACTUALLY PAID BY YOU FOR THE OS COMPONENTS OR U.S.$5.00. THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE.