SARBAKAN, INC.
END USER LICENSE AGREEMENT
SARBAKAN GAMES SOFTWARE

REDISTRIBUTION NOT PERMITTED

Software License for Sarbakan and certain games downloaded from Sarbakan and distribution partners. 

IMPORTANT -- READ CAREFULLY BEFORE USING THIS SOFTWARE: This License Agreement for Sarbakan games ("Games") downloaded from Sarbakan, Inc. and distribution partners (collectively, "Software") is a legal agreement between you (either an individual or an entity) and Sarbakan, Inc. ("Sarbakan") including Alpha, Beta, trial, pre-release, free, pay and premium versions of the products.  You may install only ONE copy of the Software that you have downloaded or purchased through Sarbakan.  By clicking on the "Accept" button, installing, copying or otherwise using the Software, you agree to be bound by the terms of this License Agreement.  IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE AGREEMENT, CLICK ON THE "Cancel" BUTTON AND/OR DO NOT INSTALL THE SOFTWARE OR DOWNLOAD ANY GAMES USING IT.  

PERSONAL INFORMATION YOU PROVIDE TO SARBAKAN IS GOVERNED BY THE SARBAKAN PRIVACY POLICY THAT CAN BE FOUND AT WWW.SARBAKAN.COM. 

YOU AGREE THAT YOUR USE OF THE SOFTWARE ACKNOWLEDGES THAT YOU HAVE READ THIS LICENSE, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.

THE GAMES DISTRIBUTED IN THE "DOWNLOAD GAMES" AREA OF SARBAKAN ARE SUBJECT TO THIS LICENSE DISPLAYED PRIOR TO YOUR INSTALLATION OF THAT GAME.  

EXCEPT AS SPECIFICALLY PROVIDED IN THE PRECEDING PARAGRAPH, THE TERMS OF THIS LICENSE AGREEMENT APPLY TO ALL VERSIONS OF THE GAMES, INCLUDING VERSIONS DOWNLOADED OR ACQUIRED WITHOUT CHARGE ("SHAREWARE"), FULL VERSIONS FOR WHICH A FEE IS CHARGED, AND ANY LICENSE KEYS, IF APPLICABLE.

THE SHAREWARE VERSIONS OF THE GAMES MAY CONTAIN USE, FEATURE, OR TIME LIMITATIONS.  IN ORDER TO REMOVE SUCH LIMITATIONS, YOU MAY PURCHASE THE FULL VERSION OF THE GAME IF AVAILABLE.

1. GRANT OF LICENSE.  Sarbakan hereby grants to you a non-exclusive license to use the Software and any related documentation ("Documentation") subject to the following terms: 

a) You may: (i) use the Software on any single computer; (ii) use the Software on a second computer so long as the first and second computers are not used simultaneously; and (iii) copy the Software for back-up and archival purposes, provided any copy must contain all of the original Software's proprietary notices. 

b) Sarbakan may modify this License Agreement with respect to free versions of the Software upon 14 days written notice to you, including notice via the communications features described below.

2. LICENSE RESTRICTIONS.

a) You may not: (i) permit other individuals to use the Software except under the terms listed above; (ii) modify, translate, reverse engineer, decompile, disassemble (except to the extent that this restriction is expressly prohibited by law) or create derivative works based upon the Software or Documentation; (iii) copy the Software or Documentation (except for back-up or archival purposes); (iv) rent, lease, transfer, or otherwise transfer rights to the Software or Documentation; or (v) remove any proprietary notices or labels on the Software or Documentation.  Any such forbidden use shall immediately terminate your license to the Software. 

b) You agree that you shall only use the Software and Documentation in a manner that complies with all applicable laws in the jurisdictions in which you use the Software and Documentation, including, but not limited to, applicable restrictions concerning copyright and other intellectual property rights.  
 
c) You may only use the Software for your private, non-commercial use.  You may not use the Software in any way to provide, or as part of, any commercial service or application. Copies of content files, including, but not limited to songs and other audio recordings and game executables, associated game files, patches, mods, or other game-related information other than Shareware versions of games, which are downloaded, copied, or played using the Software, and which are protected by the copyright laws or related laws of any jurisdiction, are for your own personal use only and may not be distributed to third parties or performed outside your normal circle of family and social acquaintances subject to the specific licensing terms of that content.  
 
d) You may not use the Software in an attempt to, or in conjunction with, any device, program or service designed to circumvent technological measures employed to control access to, or the rights in, a content file or other work protected by the copyright laws of any jurisdiction.
   
3. COPIES OF SOFTWARE AND ENHANCEMENTS.  If you receive the first copy of the Software electronically and a second copy on physical media (e.g., CD, diskette, etc.), the second copy may be used for archival purposes only and may not be transferred to or used by any other person.  This license does not grant you any right to any enhancement or update. 

4. BETA RELEASE VERSIONS.  In the event that the Software is a beta release version, the terms of this Section shall apply.  Your license to use the Software expires 45 days after installation (or such other period as indicated by the Software) and the Software may cease to function. The Software you are receiving may contain more or less features than the commercial release of the Software that Sarbakan intends to distribute.  While Sarbakan intends to distribute a commercial release of the Software, Sarbakan reserves the right at any time not to release a commercial release of the Software or, if released, to alter features, specifications, capabilities, functions, licensing terms, release dates, general availability or other characteristics of the commercial release.  You agree that the Beta Release Versions are not suitable for production use and may contain errors affecting their proper operation.  You agree that you will not do anything to circumvent or defeat the features designed to stop the Software from operating after the license expires.

5.  PERSONAL INFORMATION AND PRIVACY.  Personal information you provide to Sarbakan is governed by Sarbakan Privacy Policy. Your election to use the free or paid Software and Services, indicates your acceptance of the terms of the Sarbakan Privacy Policy, so please review it carefully if you have any questions about Sarbakan treatment of personal information you provide to us. 

Sarbakan uses this information to:
a) To provide you with information about products, services, news and events. 
b) To allow you to purchase and download products and services. 
c) To provide you with advertising, promotions and special offers we feel you may be interested in based on content preferences and other information you provide to us.

This information is treated according to the Sarbakan Privacy Policy .

6. TITLE.  Title, ownership, rights, and intellectual property rights in and to the Software and Documentation shall remain in Sarbakan.  The Software are protected by the copyright laws of Canada and international copyright treaties.  Title, ownership rights and intellectual property rights in and to the content accessed through the Software including the content contained in the Software media demonstration files shall be retained by the applicable content owner and may be protected by applicable copyright or other law.  This license gives you no rights to such content.

7. WARRANTIES AND LIABILITIES.

(a) For the Pay versions of Software and Full versions of the Games, the following terms apply: 
 
LIMITED WARRANTY.  Sarbakan warrants that for a period of ninety (90) days from the date of acquisition the Software, if operated as directed, will substantially achieve the functionality described in the Documentation.  Sarbakan does not warrant however that your use of the Software will be uninterrupted or that the operation of the Software will be error-free or secure.  Sarbakan also warrants that the media containing the Software, if provided by Sarbakan, is free from defects in material and workmanship and will so remain for ninety (90) days from the date you acquire the Software. 

(i) No Other Warranties.  NO OTHER WARRANTIES: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. SARBAKAN AND ITS SUPPLIERS DISCLAIM ALL OTHER WARRANTIES EITHER EXPRESS OR IMPLIED INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE WITH REGARD TO THE SOFTWARE, THE ACCOMPANYING WRITTEN MATERIALS AND ANY ACCOMPANYING HARDWARE.  If any modifications are made to the Software by you during the warranty period; if the media is subjected to accident abuse or improper use; or if you violate the terms of this License Agreement, this warranty shall immediately terminate.  This warranty shall not apply if the Software is used on or in conjunction with hardware or Software other than the unmodified version of hardware and Software with which the Software was designed to be used as described in the Documentation.  THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS; YOU MAY HAVE OTHER RIGHTS THAT VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION. 

(ii) Customer Remedies.  Sarbakan's sole liability for a breach of this warranty shall be in Sarbakan's sole discretion: (i) to replace your defective media; or (ii) to advise you how to achieve substantially the same functionality with the Software as described in the Documentation through a procedure different from that set forth in the Documentation; or (iii) if the above remedies are impracticable, to refund the license fee, if any, you paid for the Software.  Repaired, corrected or replaced Software and Documentation shall be covered by this limited warranty for the period remaining under the warranty that covered the original Software or if longer for thirty (30) days after the date Sarbakan either shipped to you the repaired or replaced Software or advised you as to how to operate the Software so as to achieve the functionality described in the Documentation, whichever is applicable.  Only if you inform Sarbakan of the problem with the Software during the applicable warranty period and provide evidence of the date you acquired the Software will SARBAKAN be obligated to honor this warranty. 

(iii) LIMITATION OF LIABILITY.  UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY WHETHER IN TORT CONTRACT OR OTHERWISE SHALL SARBAKAN OR ITS SUPPLIERS OR RESELLERS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES EVEN IF SARBAKAN SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES OR FOR ANY CLAIM BY ANY OTHER PARTY.  FURTHER, IN NO EVENT SHALL SARBAKAN'S LIABILITY UNDER ANY PROVISION OF THIS AGREEMENT EXCEED THE LICENSE FEE PAID TO SARBAKAN FOR THE SOFTWARE AND DOCUMENTATION.  BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

(b) For the Basic, Trial, Pre-Release, Free, Alpha and Beta versions of the Software, and for the Demo versions of the Games, the following terms apply:  

DISCLAIMER OF WARRANTY AND LIMIT OF LIABILITY.  THE SOFTWARE AND DOCUMENTATION ARE PROVIDED AS IS WITHOUT WARRANTY OF ANY KIND.  TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SARBAKAN FURTHER DISCLAIMS ALL WARRANTIES, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT.  THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE SOFTWARE AND DOCUMENTATION REMAINS WITH YOU.  TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SARBAKAN OR ITS SUPPLIERS BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) ARISING OUT OF THIS AGREEMENT OR THE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF SARBAKAN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SARBAKAN'S TOTAL LIABLITY FOR ANY DIRECT DAMAGES SHALL NOT EXCEED FIVE DOLLARS ($5.00) FOR THE SOFTWARE AND IS LIMITED TO THE FEES YOU PAID FOR THE SOFTWARE.  BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

8. INDEMNIFICATION.  This Software is intended for use only with properly licensed media, content, and content creation tools.  It is your responsibility to ascertain whether any copyright, patent or other licenses are necessary and to obtain any such licenses to serve and/or create, compress or download such media and content.  You agree to download, install, and play only those materials for which you have the necessary patent, copyright and other permissions, licenses, and/or clearances.  You agree to hold harmless, indemnify and defend SARBAKAN, its officers, directors and employees, from and against any losses, damages, fines and expenses (including attorneys' fees and costs) arising out of or relating to any claims that you have (i) viewed, downloaded, installed, copied or transmitted any materials (other than materials provided by SARBAKAN) in connection with the Software in violation of another party's rights or in violation of any law, or (ii) violated any terms of this License Agreement.  If you are importing the Software from the United States, you shall indemnify and hold SARBAKAN harmless from and against any import and export duties or other claims arising from such importation.

9. TERMINATION.  This License Agreement will automatically terminate if you fail to comply with any term hereof.  No notice shall be required from SARBAKAN to effect such termination.  You may also terminate this License Agreement at any time by notifying SARBAKAN in writing of termination.  Upon any termination of this License Agreement, you shall immediately discontinue use of the Software and shall within three (3) days return to SARBAKAN, or certify destruction of, all full or partial copies of the Software,  documentation, and related materials provided by SARBAKAN.  Your obligation to pay accrued charges and fees shall survive any termination of this License Agreement.

10. NO ASSIGNMENT.  This Agreement is personal to you, and may not be assigned without SARBAKAN's express written consent.  In the event that you are an entity that merges with another entity or are acquired by another entity during the Term, you shall provide written notice of such merger or acquisition not later than the date on which any public announcement is made.  If SARBAKAN does not consent to assignment of this Agreement to the new or acquiring entity in such merger or acquisition, SARBAKAN may terminate this Agreement on thirty (30) days' written notice.  Both parties shall perform under this Agreement until such termination is effective.

Copyright © 2005 Sarbakan.  Sarbakan is a registered trademark of Sarbakan, Inc.   

