POPCAP GAMES® END USER LICENSE AGREEMENT

IMPORTANT-READ CAREFULLY BEFORE INSTALLING OR USING THE SOFTWARE: This PopCap® En

d User License Agreement ("EULA") is a legal agreement between you (either an in
dividual or a single entity) and PopCap Games, Inc. ("PopCap") for the PopCap so
ftware product "Insaniquarium® Deluxe", which includes computer software and assoc
iated documentation ("Software"). The Software also includes any updates and su
pplements to the original Software from PopCap. Any product provided along with
the Software that is associated with a separate end-user license agreement is l
icensed to you under the terms of that license agreement. By installing, copyin
g, downloading, accessing or otherwise using the Software, you agree to be bound
by the terms of this EULA. If you do not agree to the terms of this EULA: (i)
do not use or install the Software, and (ii) if you have purchased the Software,
promptly return the Software and all accompanying materials with proof of purch
ase to your place of purchase for a refund.
SOFTWARE LICENSE. The Software is protected by copyright laws and international
copyright treaties, as well as other intellectual property laws and treaties.
The 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 (1) personal computer or perso
nal digital assistant.
OTHER RIGHTS AND LIMITATIONS.
1. No Commercial Use. You may not use the Software for any commercial purpose,
including:
a) distribution (electronically or otherwise);
b) resale;
c) rental;
d) lease;
e) public display; or
f) offering on a pay-per-play, coin-op or other for charge basis.
2. Limitations on Reverse Engineering, Decompilation and Disassembly. The Softw
are in source code form (which is not provided to you) includes valuable trade s
ecret information of PopCap. You may not reverse engineer, decompile, or disass
emble the Software or otherwise attempt to gain access to the source code for th
e Software.
3. 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.
4. Reservation of Rights. PopCap reserves all rights not expressly granted under
this EULA.
TERMINATION. Either party may terminate this license at any time by giving noti
ce of such termination to the other. PopCap may satisfy this notice requirement
by publishing a notice of termination on the PopCap website, which exists on th
e "World Wide Web" at the address http://www.popcap.com. [Subscription Games]
Upon Termination of this EULA for any reason, you will cease using the Software
and will destroy all copies of the Software in your possession or control.
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 and
you have no right to provide copies to third parties.
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 RIGHTS. The Software is a "Commercial Item", as that term is de
fined in 48 C.F.R. 2.101, and is comprised of commercial computer software and c
ommercial computer software documentation developed exclusively at private expen
se, 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 D
efense (DoD), then, pursuant to DoD FAR Supplement ("DFARS") Part 227.7202-3 and
its successors (48 C.F.R. 227.7202-3) the Government s right to use, reproduce or
disclose the Software is subject to the restrictions of this EULA. If the Soft
ware is acquired by or on behalf of civilian agencies of the United States Gover
nment, then, pursuant to FAR Parts 12.212 (Computer Software), 12.211 (Technical
Data) and 27.405(b)(2) and its successors (48 C.F.R. 12.11, 12.212 and 27.405(b
)(2)), the Government s right to use, reproduce or disclose the Software is subjec
t to the restrictions of this EULA. This U.S. Government Rights clause is in li
eu of, and supersedes, any other FAR, DFARS or other clause or provision that ad
dresses Government rights in computer software or technical data under this Lice
nse.
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, and can 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 maximum extent allowed by
applicable law, and will not affect the enforceability of any other part. The o
riginal of this EULA is in English. If it is translated into another language,
the English language version shall prevail.
NO WARRANTY. LICENSOR AND ITS SUPPLIERS MAKE NO, AND HEREBY DISCLAIM ALL WARRAN
TIES, EXPRESS, IMPLIED AND STATUTORY, INCLUDING, WITHOUT LIMITATION, THE IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-
INFRINGEMENT OF THIRD PARTY RIGHTS WITH RESPECT TO THE SOFTWARE PRODUCT. LICENS
OR AND ITS SUPPLIERS DO NOT WARRANT THAT THE SOFTWARE PRODUCT IS ERROR-FREE OR T
HAT ACCESS TO THE SOFTWARE PRODUCT WILL BE UNINTERRUPTED AND WITHOUT COMPROMISE
TO SECURITY SYSTEMS. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SOFTWARE PR
ODUCT IS "AS IS," AND "AT YOUR OWN RISK."
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
©2000-2006 PopCap Games, Inc. All rights reserved. PopCap and PopCap Games are reg
istered trademarks of PopCap Games, Inc.
©2002-2006 Flying Bear Entertainment. All rights reserved. Insaniquarium is a regi
stered trademark of Flying Bear Entertainment.
All other copyrights and trademarks are the property of their respective owners.