END USER LICENSE AGREEMENT FOR TEST
 
IMPORTANT-READ CAREFULLY: This End User License Agreement (the
"License Agreement") is a legal agreement between you (either an individual or an entity) and Licensor (as used herein, "Licensor" shall mean Sony Pictures Digital Inc.) for the product referred to by Licensor as "Test" and all related documentation and materials (collectively, the "Game").

By clicking on the "I Accept" button or by otherwise accessing, downloading, installing, copying, playing or otherwise using the Game, or any portion thereof, 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 "I Do Not Accept" button and/or do not access, download, install, copy, play or otherwise use the Game.

EXCEPT AS EXPRESSLY PROVIDED BELOW, THE TERMS OF THIS LICENSE AGREEMENT APPLY TO ALL COMPONENTS AND VERSIONS OF THE GAME, INCLUDING ANY COMPONENTS OR VERSIONS LICENSOR AUTHORIZES FOR ACCESS OR USE WITHOUT CHARGE ("DEMONSTRATION VERSION"), ANY COMPONENTS OR VERSIONS LICENSOR AUTHORIZES FOR ACCESS AND USE FOR A FEE OR OTHER AMOUNT ("RETAIL VERSION"), AND ANY ACCESS CODES OR LICENSE KEYS PROVIDED TO YOU BY LICENSOR OR ITS AUTHORIZED RETAILER FROM WHOM YOU PURCHASE A RETAIL VERSION FOR USE WITH SUCH RETAIL VERSION ("LICENSE KEY").
 
The Game is the confidential and proprietary property of Licensor and its affiliates and is protected by state, federal and international copyright and intellectual property laws and treaties. The Game is licensed, not sold. 


1. GRANT OF LICENSE.  

Subject to your acceptance and compliance with the terms of this License Agreement, Licensor hereby grants to you a non-exclusive,non-transferable license to access and install the Game for your personal, non-commercial use only (i) on any single computer owned or controlled by you, and (ii) on a second computer owned or controlled by you so long as the Game is not used on the first and second computers simultaneously. You may also make one copy of the Game as a back-up for disaster recovery purposes only. 


2. LICENSE RESTRICTIONS.
 
Except as explicitly permitted under Section 1, you may not access, install, copy or otherwise use the Game. Further, you may not (i) license, sublicense, lease, sell, rent, lend, otherwise transfer, provide access to or allow the use of the Game by or to another person or entity, including without limitation, the use of any License Key, (ii) modify, adapt, translate, publicly display, prepare derivative works from, reverse engineer, decompile, disassemble (except and only to the extent that such activity is permitted by applicable law) or attempt to derive source code from the Game, (iii) circumvent or disable any access or licensing control features of the Game, (iv) obscure, remove or modify any intellectual property or proprietary notices or labels contained in or provided with the Game, (v) access, install or otherwise use any Retail Version of the Game except through the use of the License Key issued to you for such Retail Version, or (vi) attempt to use any License Key issued to you for use with a Retail Version of the Game with any other Retail Version of the Game.
 
Notwithstanding any other provision of this License Agreement to the contrary, you may only use the Demonstration Version of the Game for evaluation purposes and only during any specified demonstration period. 


3. OWNERSHIP.

Licensor and its affiliates own and retain all rights, title to and interest in the Game and all copies and derivative works thereof,including all copyrights, patents, trade secret rights, trademarks and other intellectual property and proprietary rights therein. You agree to only access, install and use the Game as expressly allowed under the license grant in Section 1 and in a manner that complies with the license restrictions in Section 2 and all copyright and other intellectual property and proprietary rights laws of the United States and any applicable jurisdiction in which you access, install or use the Game. 


4. LICENSE KEY.

You shall access, install and use the Retail Version of the Game by means of the License Key provided to you by Licensor or its authorized retailer from whom you purchased the Retail Version. You agree to keep all License Keys confidential and to use them only in conjunction with your permitted use of the Game as expressly authorized under this License Agreement and in accordance with any instructions provided to you with the License Keys. 


5. DATA COLLECTION.

By accessing, downloading or purchasing the Game, you hereby agree to the collection of the following information:  (a) amount of minutes played, (b) missions completed, and (c) your score.  High scores may be publicly displayed at Licensor's sole discretion.  None of the data collected shall be combined with any personally identifiable information.


6. EQUIPMENT.

You are solely responsible for obtaining, configuring, maintaining and otherwise supporting any and all computer equipment, facilities, Internet connectivity and systems required for your access, installation and use of the Game, including, without limitation, any requirements or recommendations contained in or provided with the Game. 


7. UPDATES.  

Nothing in this License Agreement grants you or will be construed to grant you any right or license to or interest in any enhancements,sequels, revisions, modifications, updates or other versions of the Game (collectively, "Updates"). Notwithstanding the foregoing, from time to time Licensor may provide or make available to you Updates, which may or may not be subject to charge or other terms and conditions. If you accept such Updates and any applicable charges or other terms and conditions, such Updates shall be considered part of the Game provided to you hereunder and subject to the terms of this License Agreement, unless otherwise expressly provided for in the other terms and conditions. Further, in the event Licensor determines that the Game or any portion thereof may violate or infringe upon the intellectual property or proprietary rights of any third party, Licensor, at its sole option, may (i) immediately terminate this License Agreement upon notice to you, (ii) obtain from such third party the right to continue to allow you to continue to access, install and use the Game as provided herein, or (iii) notify you of and provide you with an Update that does not violate or infringe upon such third party's rights. In the event of subsection (iii) above, upon notice of or your receipt of such Update, (a)	all rights and licenses granted to you hereunder in the non-Updated Game shall immediately terminate, (b) you shall immediately cease all use of and destroy all copies of the non-Updated Game, and (c) you shall only access, install and use the Updated Game as provided and in accordance with the terms of this License Agreement and any additional terms accompanying the Update. Licensor reserves the right to charge additional fees for any Update provided hereunder. 


8. TERM; TERMINATION.

This License Agreement shall be effective upon your acceptance of these terms as indicated by clicking on the "I Accept" button or by otherwise accessing, downloading, installing, copying, playing or otherwise using the Game, or any portion thereof, and shall terminate (i) automatically and without any required notice if you breach or otherwise fail to comply with any of the license restrictions in Section 2 or (ii) upon notice from Licensor. Upon termination, all rights and licenses granted to you hereunder shall immediately terminate and you shall immediately cease all access, installation and use of the Game and destroy all copies made of the Game. 


9. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY.

THE GAME IS PROVIDED "AS IS," WITH ALL DEFECTS, ERRORS, MALFUNCTIONS AND OTHER PROBLEMS, AND WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LICENSOR FURTHER DISCLAIMS ALL WARRANTIES, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE GAME REMAINS WITH YOU. IN NO EVENT SHALL LICENSOR OR ITS AFFILIATES 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 INFORMATION, OR OTHER PECUNIARY LOSS) ARISING OUT OF THIS LICENSE AGREEMENT OR THE USE OF OR INABILITY TO USE THE GAME, EVEN IF LICESOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. LICENSOR'S SOLE AND EXCLUSIVE LIABILITY TO YOU FOR ACTUAL DIRECT DAMAGES IS LIMITED TO THE FEES YOU PAID FOR THIS GAME. 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.


10. INDEMNIFICATION. 

You agree to defend, indemnify and hold harmless Licensor and its employees, officers, directors, shareholders, affiliates, agents, representatives and suppliers from and against any and all claims,losses, liability costs and expenses (including, but not limited to, attorneys' fees) arising from your breach of any term or condition of this License Agreement or violation or infringement of any intellectual property or proprietary right of any third party. 


11. U.S. GOVERNMENT RESTRICTED RIGHTS AND EXPORT RESTRICTIONS. 

This Game may be provided with RESTRICTED RIGHTS. Use, duplication or disclosure by the Government is subject to restrictions set forth in subparagraphs (a) through (d) of the Commercial Computer Software-Restricted Rights at FAR 52.227-19 when applicable, or in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013, and in similar clauses in the NASA FAR supplement, as applicable. You acknowledge that none of the Game or underlying information or technology may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, Sudan, North Korea, Iran, Syria or any other country subject to a U.S. embargo; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Denied Parties List or Entity List. By using the Game you are agreeing to the foregoing and are representing and warranting that (i) no U.S. federal agency has suspended, revoked, or denied you export privileges, (ii) you are not located in or under the control of a national or resident of any such country or on any such list, and (iii) you will not export or re-export the Game to any prohibited county, or to any prohibited person, entity, or end-user as specified by U.S. export controls.


12. GENERAL PROVISIONS. 

This License Agreement shall constitute the complete and exclusive agreement between you and Licensor with respect to the Game. The terms and conditions contained in this License Agreement may not be modified except by Licensor as expressly set forth herein or in a writing duly signed by you and an authorized representative of Licensor. If any provision of this License Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable, and such decision shall not affect the enforceability of such provision under other circumstances, or of the remaining provisions hereof under all circumstances. This License Agreement shall be governed by the laws of the State of California, without regard to conflicts of law provisions, and you hereby consent to the exclusive jurisdiction of the state and federal courts sitting in the State of California. Any and all unresolved claims, controversies or disputes relating to this License Agreement, its enforcement, arbitrability or interpretation shall be submitted to final and binding arbitration to be held in Los Angeles County, California before a single arbitrator, in accordance with California Code of Civil Procedure  1280 et seq.; except that, to the extent that you have breached or have indicated your intention to breach this License Agreement in any manner which may cause continuing or irreparable harm to Licensor (including, but not limited to, any breach that may impact Licensor's or any third party's intellectual property or proprietary rights, or a breach by reverse engineering),Licensor may seek injunctive relief, or any other appropriate relief, in any court of competent jurisdiction. The arbitrator shall be selected by mutual agreement of the parties or, if the parties cannot agree, by selecting from a list of arbitrators supplied by the American Arbitration Association or JAMS/Endispute.  The arbitration shall be a confidential proceeding, closed to the general public.  The arbitrator shall issue a written opinion stating the essential findings and conclusions upon which the arbitrator's award is based.  The parties will share equally in payment of the arbitrator's fees and arbitration expenses and any other costs unique to the arbitration hearing; provided, however, that each side shall bear its own deposition, witness, expert and attorneys' fees and other expenses to the same extent as if the matter were being heard in court.  Nothing in this paragraph shall affect either party's ability to seek from a court injunctive or equitable relief at any time.

THE PARTIES HEREBY WAIVE THEIR RIGHT TO JURY TRIAL WITH RESPECT TO ALL CLAIMS AND ISSUES ARISING OUT OF OR RELATING TO THIS AGREEMENT WHETHER SOUNDING IN CONTRACT OR TORT, AND INCLUDING ANY CLAIM FOR FRAUDULENT INDUCEMENT THEREOF.

Copyright (c) 2003 Test Inc. All rights reserved.

Test is a trademark or registered trademark (as applicable) of Test, Inc.

All other trademarks are the property of their respective owners.

