LIMITED USE LICENSE AGREEMENT
This Limited Use License Agreement (the "Agreement") is a legal agreement between you, the end-user, and Zargon Studios Corp.. By purchasing or receiving by any other means this CD entitled Cityscape (the “CD”), you are agreeing to be bound by the terms of this Agreement.
 
1.  Grant of License.  Zargon Studios Corp. grants to you the non-exclusive limited right to use this CD for the limited purpose of inclusion in graphic images. The term “CD” includes all content of the CD such as textures and bump maps (the “Textures).  You are not receiving any ownership or proprietary right, title or interest in or to the CD or the copyright, trademarks, or other rights related thereto. For purposes of this section, "use" means loading the CD into RAM and/or onto computer hard drive, as well as installation of the CD on a hard disk or other storage device. You agree that the CD will not be shipped, transferred or exported into any country in violation of the U.S. Export Administration Act (or any other law governing such matters) by you or anyone at your direction and that you will not utilize and will not authorize anyone to utilize, in any other manner, the CD in violation of any applicable law. The CD may not be downloaded or otherwise exported or re-exported into (or to a national or resident of) any country to which the U.S. has embargoed goods or to anyone or into any country who/which are prohibited, by applicable law, from receiving such property.

2.   Prohibitions. You, either directly or indirectly, shall not do any of the following acts:
a.   rent the CD;   b. sell the CD;   c.  lease or lend the CD;   d. offer  the CD on a “pay-per-play” basis;  e. distribute the CD by any means,  including, but not limited to direct mail, retail, mail order or other means;   f.  in any other manner and through any medium whatsoever commercially exploit the CD or use the CD for any commercial purpose;  g. reproduce or copy the CD (except as permitted by section 3. hereinbelow); h. publicly display the CD; or   i. prepare or develop derivative works based upon the CD.

3.   Permitted Copying and other Uses.  You may make only the following copies of the CD:  (i) you may copy the CD from your computer hard drive into your computer RAM; and (ii) you may make one (1) “back up” or archival copy of the CD on one (1) hard disk or other storage device.  Additionally, you may incorporate the Textures, as defined above, into your own software developments (“Your Software Developments”).

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.  Copyright. The CD and all copyrights, trademarks and all other conceivable intellectual property rights related to the CD are owned by Zargon Studios Corp. and are protected by United States copyright laws, international treaty provisions and all applicable law, such as the Lanham Act.  You must treat the CD like any other copyrighted material, as required by 17 U.S.C., §101 et seq. and other applicable law.  You agree to use your best efforts to see that any user of the CD licensed hereunder complies with this Agreement.  You agree that you are receiving a copy of the CD by license only and not by sale and that the “first sale” doctrine of 17 U.S.C. §109 does not apply to your receipt or use of the CD.

5.   NO WARRANTIES. ZARGON STUDIOS CORP. DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE CD. ZARGON STUDIOS CORP. DOES NOT WARRANT THAT THE OPERATION OF THE CD WILL BE UNINTERRUPTED OR ERROR FREE OR THAT THE CD WILL MEET YOUR SPECIFIC REQUIREMENTS.  ADDITIONAL STATEMENTS SUCH AS PRESENTATIONS, WHETHER ORAL OR WRITTEN, DO NOT CONSTITUTE WARRANTIES BY ZARGON STUDIOS CORP. AND SHOULD NOT BE RELIED UPON.

6.  Venue and Liability Limitation.  This Agreement shall be construed in accordance with and governed by the laws of the Province of British Columbia and U.S. federal law.  Copyright and other proprietary matters will be governed by United States laws and international treaties.  Exclusive venue for all litigation regarding this Agreement shall be in Vancouver, British Columbia and you agree to submit to the jurisdiction of the courts in Vancouver, British Columbia for any such litigation.  IN ANY CASE, ZARGON STUDIOS CORP. AND ZARGON STUDIOS CORP.’ ASSIGNS SHALL NOT BE LIABLE FOR LOSS OF DATA, LOSS OF PROFITS, LOST SAVINGS, SPECIAL, INCIDENTAL, CONSEQUENTIAL, INDIRECT, PUNITIVE OR OTHER SIMILAR DAMAGES ARISING FROM BREACH OF WARRANTY, BREACH OF CONTRACT, NEGLIGENCE, STRICT PRODUCT  LIABILITY, OR OTHER LEGAL THEORY EVEN IF ZARGON STUDIOS CORP. OR ITS AGENTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR EVEN IF SUCH DAMAGES ARE FORESEEABLE, OR LIABLE FOR ANY CLAIM BY ANY OTHER PARTY.  Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
7.   U.S. Government Restricted Rights. To the extent applicable, the United States Government shall only have those rights to use the CD as expressly stated and expressly limited and restricted in this Agreement, as provided in 48 C.F.R. §§ 227.7202-1 through 227.7204, inclusive.
8.  General Provisions.  Neither this Agreement nor any part or portion hereof shall be assigned or sublicensed by you. Zargon Studios Corp. may assign its rights under this Agreement in Zargon Studios Corp.’ sole discretion.  Should any provision of this Agreement be held to be void, invalid, unenforceable or illegal by a court, the validity and enforceability of the other provisions shall not be affected thereby.  If any provision is determined to be unenforceable, you agree to a modification of such provision to provide for enforcement of the provision's intent, to the extent permitted by applicable law.  Failure of Zargon Studios Corp. to enforce any provision of this Agreement shall not constitute or be construed as a waiver of such provision or of the right to enforce such provision. If you fail to comply with any term of this Agreement, YOUR LICENSE IS AUTOMATICALLY TERMINATED, WITHOUT NOTICE.  In the event this Agreement is terminated, you shall have no right to use the CD, in any manner and you shall immediately destroy all copies of the CD in your possession, custody or control.  You agree to defend, indemnify and hold Zargon Studios Corp. and Zargon Studios Corp.’ agents harmless from and against all damages, losses, lawsuits, claims and causes of actions arising out of or relating to Your Software Developments, whether in whole or in part, and/or the reproductions, distribution or other use thereof, whether in whole or in part.
         YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, YOU UNDERSTAND THIS AGREEMENT, AND UNDERSTAND THAT BY CONTINUING THE INSTALLATION OF THE CD, BY LOADING OR RUNNING THE CD, OR BY PLACING OR COPYING THE CD ONTO YOUR COMPUTER HARD DRIVE OR RAM, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT.  YOU FURTHER AGREE THAT, EXCEPT FOR WRITTEN SEPARATE AGREEMENTS BETWEEN ZARGON STUDIOS CORP. AND YOU, THIS AGREEMENT IS A COMPLETE AND EXCLUSIVE STATEMENT OF THE RIGHTS AND LIABILITIES OF THE PARTIES HERETO.  THIS AGREEMENT SUPERSEDES ALL PRIOR ORAL AGREEMENTS, PROPOSALS OR UNDERSTANDINGS, AND ANY OTHER COMMUNICATIONS BETWEEN ZARGON STUDIOS CORP. AND YOU RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.