END-USER LICENSE AGREEMENT

REFLEXIVE ENTERTAINMENT, INC. ("REFLEXIVE") IS WILLING TO LICENSE THE SOFTWARE (

as defined below) TO YOU ONLY ON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS
IN THIS LICENSE (the "License") AND INDICATE YOUR ACCEPTANCE BY CLICKING THE "I
ACCEPT" BUTTON. PLEASE READ THE TERMS CAREFULLY BEFORE CLICKING THE "I ACCEPT" B
UTTON. BY CLICKING THE "I ACCEPT" BUTTON, AND/OR BY LOADING OR RUNNING THE SOFTW
ARE, BY PLACING OR COPYING THE SOFTWARE ONTO YOUR COMPUTER HARD DRIVE, COMPUTER
RAM OR OTHER STORAGE, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS LICENSE, UNDERSTAN
D IT AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO T
HESE TERMS, DO NOT USE THE SOFTWARE.
"Software" shall mean the game, toolkit, and all other software contained in the
file you downloaded, all updates and/or patches thereto, any accompanying docum
entation, all on-line components, restricted-access BIG KAHUNA REEF community we
bsites, and other Reflexive game-related services.
1. Grant of License. The Software is licensed to you, not sold, by Reflexive, an
d its use is subject to this License. Reflexive grants to you a limited, persona
l, non-exclusive right to use the Software in the manner described in the user d
ocumentation. If the Software is configured for loading onto a hard drive, you m
ay load the Software only onto the hard drive of up to five machines that you ow
n and run the Software from only those hard drives. You may permanently transfer
all rights Reflexive grants to you in this License, provided you retain no copi
es, you transfer all of the Software (including all component parts, the media a
nd printed materials, and any upgrades), and the recipient reads and accepts thi
s License. Reflexive reserves all rights not expressly granted to you by this Li
cense.
2. Restrictions. Reflexive and/or their suppliers own the title, copyright, and
other intellectual property rights in the Software. The Software contains copyri
ghted material, trade secrets and other proprietary material. You may not delete
the copyright notices or any other proprietary legends on the original copy of
the Software. You may not decompile, modify, reverse engineer, disassemble or ot
herwise reproduce the Software. You may not copy, rent, lend, lease, sublicense,
distribute, publicly display, create derivative works based upon the Software (
except as provided in Section 3 below) or otherwise commercially exploit the Sof
tware (including, without limitation, hosting pay-per-play servers).
3. End-User Variations. So long as you fully comply, at all times, with this Lic
ense, Reflexive grants to you a limited, personal, revocable, non-exclusive righ
t to: (i) use the Software's toolset feature to create your own BIG KAHUNA REEF
Levels("User Made Levels"), and (ii) create your own modifications to work with
the Software (e.g., custom data files not created using the toolset) (the "User
Conversions", and together with the User Made Levels, the "Variations"). Your ri
ghts to create Variations are subject to the following restrictions: (1) your Va
riations must only work with the full commercial version of the software game BI
G KAHUNA REEF; (2) your Variations must not contain modifications to any executa
ble file; (3) your Variations must not contain any libelous, defamatory, pornogr
aphic, obscene, or other illegal material, material that is scandalous or invade
s the rights of privacy or publicity of any third party, or contain any trademar
ks, copyright-protected work or other property of third parties, or contain any
viruses, worms, or other malicious code; and (4) you may not rent, sell, lease,
lend, offer on a pay-per-play or timesharing basis or otherwise commercially exp
loit or commercially distribute your Variations (including, without limitation,
hosting pay-per-play servers, hosting pay-per-download web-sites for Variations
including sites that charge for bandwidth use, and independently selling Variati
ons online, at retail, mail order, etc.). Without limiting the foregoing, you ex
pressly acknowledge and agree that in no event shall you have the right or licen
se to make any modification (whether using the toolkit or otherwise) to any port
ion of the Software for the purpose of creating any data file, executable, or ot
her derivative work that is intended to operate in a stand-alone mode, with any
pre-release or beta version of BIG KAHUNA REEF, or any software program other th
an BIG KAHUNA REEF.
4. Distribution and Serving of Variations. So long as you fully comply at all ti
mes with this License, Reflexive grants to you the limited, personal, revocable,
non-exclusive right to: (i) distribute your User Made Levels or User Conversion
s by means of providing a copy of the actual Module or User Conversion code to o
ther users (e.g., via ftp, email, disc copies, etc.) (collectively "Distribute")
; and (ii) to allow other users to play your User Made Levels.
5. Reflexive's Use of Variations. If you Distribute, or permit others to Distrib
ute, your Variations, you hereby grant back to Reflexive an irrevocable royalty-
free right to use and distribute such Variations by any means, and to make such
modifications thereto as Reflexive and deem are necessary to package, combine, a
nd otherwise distribute such Variations. If you do not wish to grant these right
s to Reflexive, you must not Distribute your Variations.). Reflexive will make a
reasonable effort to provide credit to you in the event it uses or distributes
your Variations, but you acknowledge that identifying you and/or other Variation
creators may be difficult, and any failure by Reflexive to provide credit to an
y person shall not be a breach of this License and shall not limit Reflexive's r
ights to use and distribute any Variation.
6. Revocation of Rights. Reflexive may at any time and in its sole discretion re
voke your right to make your Variations publicly available provided that Reflexi
ve shall not revoke your right to Distribute a Variation if Reflexive is, at the
time of such revocation, using or distributing such Variation.
7. Termination. This License is perpetual and may not be terminated except by mu
tual written agreement of the parties hereto. However, your rights to use the So
ftware, as set forth above: (i) may be terminated by you at any time, by destroy
ing the Software; or (ii) will terminate immediately without notice from Reflexi
ve if you fail to comply with any provision of this License (in which event, you
must destroy the Software).
8. Disclaimer of Warranty on Software. You are aware and agree that use of the S
oftware and the media on which it is recorded is at your sole risk. The Software
and the media are provided "AS IS."
9. Disclaimer of Variations. Regarding Variations created by other users. Reflex
ive specifically disclaims any warranties relating in any way to such user-creat
ed content, and you agree that neither Reflexive their assignees or successors,
nor any of their licensors or suppliers shall in any way be responsible for the
content or functionality of such user content.
10. Disclaimer of Other Content. As a service to you, Reflexive may include with
the Software third party drivers and other software utilities intended to assis
t you with installing and operating the Software (collectively, the "Drivers").
Reflexive specifically disclaims any warranties relating to the Drivers, and you
agree that your use of the Drivers is at your own risk. The Drivers are not par
t of the Software and shall not be governed by the terms and conditions of this
License except for and to the extent of this disclaimer.
11. General Disclaimer. EXCEPT AS EXPRESSLY SET FORTH ABOVE, REFLEXIVE EXPRESSLY
DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED
TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPO
SE. REFLEXIVE DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL
MEET YOUR REQUIREMENTS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY REFLE
XIVE, OR ANY REFLEXIVE AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY OR IN A
NY WAY INCREASE THE SCOPE OF THIS WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE
EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
12. Limitation of Liability. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL
REFLEXIVE BE LIABLE FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES IN CON
NECTION WITH THE SOFTWARE, INCLUDING THOSE THAT RESULT FROM THE USE OF OR INABIL
ITY TO USE THE SOFTWARE, EVEN IF REFLEXIVE HAS BEEN ADVISED OF THE POSSIBILITY O
F THOSE DAMAGES. IN NO EVENT SHALL REFLEXIVE'S TOTAL LIABILITY TO YOU FOR ALL DA
MAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCE
ED THE AMOUNT PAID BY YOU FOR THE SOFTWARE. SOME JURISDICTIONS DO NOT ALLOW THE
LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO
THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
13. Indemnity; Injunctive Relief. You agree to indemnify, defend and hold harmle
ss Reflexive, and its officers, employees, directors, agents, licensees (excludi
ng you), successors and assigns from and against all losses, lawsuits, damages,
causes of action and claims relating to and/or arising from your breach of this
License, distribution or any use of any Variations, and/or any other use of the
Software. You agree that your unauthorized use of the Software, or any part ther
eof, may immediately and irreparably damage Reflexive such that Reflexive could
not be adequately compensated solely by a monetary award and that at Reflexive's
option, Reflexive shall be entitled to an injunctive order, in addition to all
other available remedies including a monetary award, appropriately restraining a
nd/or prohibiting such unauthorized use without the necessity of Reflexive posti
ng bond or other security. Your obligations set forth in this Section shall surv
ive the cancellation or termination of this License.
14. Choice of Law and Venue. THIS LICENSE SHALL BE GOVERNED BY AND CONSTRUED IN
ACCORDANCE WITH CONTROLLING U.S. FEDERAL LAW AND THE LAWS OF THE STATE OF CALIFO
RNIA, EXCLUSIVE OF ITS CHOICE OF LAW AND/OR CONFLICTS OF LAW JURISPRUDENCE. THE
EXCLUSIVE VENUE FOR ALL LITIGATION REGARDING OR ARISING OUT OF THIS LICENSE SHAL
L BE IN LOS ANGELES COUNTY, CALIFORNIA, AND YOU AGREE TO SUBMIT TO THE JURISDICT
ION OF THE COURTS IN LOS ANGELES COUNTY, CALIFORNIA FOR ANY SUCH LITIGATION.
15. Miscellaneous. Nothing herein shall be deemed to supercede or derogate from
Reflexive's remedies at law for any violation of this License or applicable law.
If any provision of this License is unenforceable, the rest of it shall remain
in effect. This License constitutes the entire agreement between you and Reflexi
ve with respect to the use of the Software and the support services (if any) and
supersedes all prior or contemporaneous oral or written communications and repr
esentations with respect to the Software or any other subject matter covered by
this License.