POPCAP GAMES END USER LICENSE AGREEMENT

IMPORTANT-READ CAREFULLY BEFORE INSTALLING OR USING THE SOFTWARE:

This PopCap End User License Agreement ("EULA") is a legal agreement between you
(either an individual or a single entity) and PopCap Games, Inc. ("PopCap") for
the PopCap software product "Zuma Deluxe", which includes computer software and
associated documentation ("Software"). The Software also includes any updates
and supplements to the original Software provided to you by PopCap. Any product
provided along with the Software that is associated with a separate end-user li
cense agreement is licensed to you under the terms of that license agreement. B
y installing, copying, downloading, accessing or otherwise using the Software, y
ou agree to be bound by the terms of this EULA. If you do not agree to the term
s of this EULA: (i) do not use or install the Software, and (ii) if you have pur
chased the Software, promptly return the Software and all accompanying materials
with proof of purchase to your place of purchase for a refund.
SOFTWARE LICENSE
The Software is confidential and protected by copyright laws and international c
opyright treaties, as well as other intellectual property laws and treaties. Th
e Software is licensed, not sold.
GRANT OF LICENSE. This EULA grants you a non-exclusive, non-transferable and no
n-sublicenseable license to install and use a copy of the Software for your pers
onal non-commercial home entertainment use on one personal computer or personal
digital assistant.
OTHER RIGHTS AND LIMITATIONS.
* No Commercial Use. You may not use the Software for any commercial purpose, i
ncluding:
a) distribution (electronically or otherwise);
b) resale;
c) rental;
d) lease;
e) display; or
f) offering on a pay-per-play, coin-op or other for charge basis.
* Limitations on Reverse Engineering, Decompilation and Disassembly. The Softwa
re in both object code and source code form includes valuable trade secret infor
mation of PopCap. You may not make any copies of the Software beyond the number
necessary to exercise your license rights in the Software, and shall not provid
e copies of the Software to any third party. You may not reverse engineer, deco
mpile, or disassemble the Software or otherwise attempt to gain access to the so
urce code for the Software.
* Transfer. You may not rent, lease, sell, sublicense, lend or otherwise transf
er or assign your rights or obligations under this EULA to any person or entity.
* Reservation of Rights. PopCap reserves all rights not expressly granted under
this EULA.
TRIAL VERSIONS. If the Software was provided to you for trial use for a limited
period of time or number of uses, you agree not to use the Software following t
he expiration of the trial period. You acknowledge and agree that the Software
may include code designed to prevent you from exceeding these limits, and that s
uch code may remain on your computer after deletion of the Software in order to
prevent you from installing another copy and repeating the trial period.
COPIES. PopCap and its suppliers retain all ownership of the Software and all c
opies thereof. Except as expressly provided in this EULA, you may not make copi
es of the Software, except as reasonably necessary to run, install or use the So
ftware in accordance with the uses for which you have been granted this EULA.
EXPORT. You agree that you will not export or re-export the Software, any part
thereof, or any process or service that is the direct product of the Software, e
xcept in accordance with all applicable U.S. export restrictions.
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 PopCap. If the Software is acquired by
or on behalf of agencies or units of the Department of Defense (DoD), then, purs
uant to DoD FAR Supplement Section 227.7202 and its successors (48 C.F.R. 227.72
02) the Government's right to use, reproduce or disclose the Software is subject
to the restrictions of this EULA. If the Software is acquired by or on behalf
of civilian agencies of the United States Government, then, pursuant to FAR Sec
tion 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 EULA
.
GOVERNING LAW AND VENUE. This EULA is governed by the laws of the State of Wash
ington, USA, excluding its conflict of laws rules, and specifically excludes the
United Nations Convention on Contracts for the International Sale of Goods. In
any action or suit to enforce any right or remedy under this EULA or to interpr
et any provision of this EULA, the courts of the State of Washington shall have
exclusive jurisdiction over any such suit or action, and you hereby agree to sub
mit to the jurisdiction of such courts.
ENTIRE AGREEMENT. This EULA constitutes the entire agreement between you and Po
pCap with respect to the Software, and replaces all other agreements or represen
tations, whether written or oral. The terms of this EULA cannot be modified by
any terms in any printed forms used by the parties in performing the EULA, and c
an only be modified by express written consent of both parties. If any part of
this EULA is held to be unenforceable as written, it will be enforced to the max
imum extent allowed by applicable law, and will not affect the enforceability of
any other part. The original of this EULA is in English. If it is translated i
nto another language, the English language version shall prevail.
NO WARRANTY. POPCAP AND ITS SUPPLIERS MAKE NO, AND HEREBY DISCLAIM ALL WARRANTI
ES, EXPRESS, IMPLIED AND STATUTORY, INCLUDING, WITHOUT LIMITATION, THE IMPLIED W
ARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-IN
FRINGEMENT OF THIRD PARTY RIGHTS WITH RESPECT TO THE SOFTWARE. POPCAP AND ITS S
UPPLIERS DO NOT WARRANT THAT THE SOFTWARE IS ERROR-FREE OR THAT ACCESS TO THE SO
FTWARE WILL BE UNINTERRUPTED AND WITHOUT COMPROMISE TO SECURITY SYSTEMS. YOU AC
KNOWLEDGE AND AGREE THAT YOUR USE OF THE SOFTWARE IS "AS IS," AND "AT YOUR OWN R
ISK."
LIMITATION OF LIABILITY. POPCAP AND ITS SUPPLIERS WILL NOT BE LIABLE FOR ANY SP
ECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITA
TION, DAMAGES FOR PERSONAL INJURY, LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTI
ON, LOSS OF BUSINESS OR CONFIDENTIAL INFORMATION, LOSS OF PRIVACY, OR ANY OTHER
PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN
IF POPCAP OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES
. IN ANY CASE, THE ENTIRE LIABILITY OF POPCAP AND ITS SUPPLIERS UNDER THIS AGRE
EMENT AND LIMITED WARRANTY SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU F
OR THE SOFTWARE THAT CAUSES THE DAMAGE. BECAUSE SOME STATES/JURISDICTIONS DO NO
T ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL
DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU, AND YOU MAY ALSO HAVE OTHER
LEGAL RIGHTS THAT VARY FROM STATE TO STATE.
Zuma Deluxe (c) 2003, 2004 PopCap Games. All other copyrights and trademarks ar
e property of their respective owners. All Rights Reserved.