Days of Wonder - http://www.daysofwonder.com - End User License Agreement

PLEASE READ THIS END USER LICENSE AGREEMENT ("LICENSE") CAREFULLY, THEN CLICK EITHER AGREE OR DISAGREE. BY CLICKING "AGREE," YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, CLICK "DISAGREE" AND DO NOT USE THIS SOFTWARE.

1. License. Days of Wonder ("Days of Wonder") hereby licenses to you the software and any documentation accompanying this License whether on disk, in read only memory, on any other media or in any other form (the "Software") on the terms and conditions set forth herein. You own the media on which the Software is recorded but Days of Wonder retains all right, title and interest in and to the Software, including all copyrights, patents, trade secret rights, trademarks and other intellectual property rights therein. The Software in this package and any copies which this License authorizes you to make are subject to this License. You acknowledge that your possession, installation, or use of the Software does not transfer to you any title to the intellectual property in the Software, and that you will not acquire any rights to the Software except as expressly set forth in this License. You agree that any copies of the Software will contain the same proprietary notices that appear on and in the Software.

2. Term. This License shall be perpetual beginning on the date you agree to the terms of this License. Your License gives you access to the current version of the Software and corrective updates on this version. It does not give you any right to any future versions that may follow. Notwithstanding the foregoing, your rights under this License will terminate automatically without notice from Days of Wonder if you fail to comply with any of the terms hereof. Upon termination, you shall destroy all copies of the Software in your possession.

3. Permitted Uses and Restrictions. This License allows you to install and use the Software on any computer owned by you. You may make one copy of the Software in machine-readable form for backup purposes only. The backup copy must include all copyright information contained on the original. Except as expressly permitted in this License, you may not decompile, reverse engineer, disassemble, modify, rent, lease, loan, sublicense, distribute or create derivative works based upon the Software in whole or part. In addition, you may not modify the file formats of the Software or remove any of the copyright notices, other proprietary notices or labels contained in the Software.

4. Duration of Access to Online Services. This software may include access to additional online software, playing partners, rankings and other additional online services provided over the Internet. You understand and agree that these Online Services are provided by Days of Wonder, Inc. at its discretion and may be terminated or otherwise discontinued by Days of Wonder pursuant to its Terms of Use. Days of Wonder retains all rights to change the conditions for accessing the Days of Wonder online servers and services, including charging for access or discontinuing these services permanently.

5. Disclaimer of Warranty on the Software. You expressly acknowledge and agree that use of the Software is at your sole risk. THE SOFTWARE IS PROVIDED "AS IS" AND WITHOUT WARRANTY OF ANY KIND AND Days of Wonder EXPRESSLY DISCLAIMS ALL WARRANTIES AND/OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY OR SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT OF THIRD PARTY RIGHTS. Days of Wonder DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. FURTHERMORE, Days of Wonder DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SOFTWARE OR RELATED DOCUMENTATION IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY Days of Wonder SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. SHOULD THE SOFTWARE PROVE DEFECTIVE, YOU (AND NOT Days of Wonder) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

6. Limitation of Liability. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL Days of Wonder, OR ITS DEVELOPERS, DIRECTORS, OFFICERS, EMPLOYEES, OR AFFILIATES BE LIABLE FOR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THIS LICENSE. FURTHERMORE, SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MIGHT NOT APPLY TO YOU. In no event shall Days of Wonder's total liability to you for all damages exceed the amount actually paid by you for the Software.

7. High Risk Activities. The Software is not fault-tolerant and is not designed or intended for use in hazardous environments requiring fail-safe performance, including without limitation, in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, weapons systems, direct life-support machines, or any other application in which the failure of the Software could lead directly to death, personal injury, or severe physical or property damage (collectively, "High Risk Activities"). Days of Wonder expressly disclaims any express or implied warranty of fitness for High Risk Activities.

8. U.S. GOVERNMENT RESTRICTED RIGHTS. The Software is commercial computer software and documentation developed exclusively at private expense, and in all respects is proprietary data belonging solely to Days of Wonder Inc.. If the Software is acquired by or on behalf of agencies or units of the Department of Defense (DoD), then, pursuant to DoD FAR Supplement Section 227.7202 and its successors (48 C.F.R. 227.7202) the Government's right to use, reproduce or disclose the Software is subject to the restrictions of this License. If the Software is acquired by or on behalf of civilian agencies of the United States Government, then, pursuant to FAR Section 12.212 and its successors (48 C.F.R. 12.212), the Government's right to use, reproduce or disclose the Software is subject to the restrictions of this License.

9. Export Law Assurances. You may not use or otherwise export or re-export the Software except as authorized by United States law and the laws of the jurisdiction in which the Software was obtained. In particular, but without limitation, the Software may not be exported or re-exported (i) into (or to a national or resident of) any U.S. embargoed country or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce's Table of Denial Orders. By using the Software, you represent and warrant that you are not located in, under control of, or a national or resident of any such country or on any such list.

10. Controlling Law and Severability. If there is a local subsidiary of Days of Wonder in the country in which the Software License was obtained, then the local law in which the subsidiary sits shall govern this License. Otherwise, this License shall be governed by the laws of the United States and the State of Nevada, without reference to the principles of conflict of laws. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of this License shall continue in full force and effect.

11. Complete Agreement. This License constitutes the entire agreement between the parties with respect to the use of the Software and supersedes all prior or contemporaneous understandings regarding such subject matter. No amendment to or modification of this License will be binding unless in writing and signed by Days of Wonder.

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