Single User License Agreement READ BEFORE INSTALLING IMPORTANT: READ THIS AGREEMENT BEFORE INSTALLING THE SOFTWARE. INSTALLING AND USING THE PROGRAM INDICATES YOUR ACCEPTANCE OF THE TERMS STATED BELOW. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, PROMPTLY DELETE ALL COPIES OF THE DOWNLOADED FILES FROM ALL YOUR ELECTRONIC DEVICES. 1. LICENSE. In consideration of the license fee ("License Fee") you pay to WhitehorseGames, a division of Firepad, Inc. ("Firepad"), Firepad hereby grants you a nontransferable, non-exclusive license to install and use this software product (the "Program") subject to the terms and conditions set forth in this Single End User License Agreement ("Agreement"). 2. OWNERSHIP AND COPYRIGHT. This Program is owned by Firepad and is protected by the United States copyright laws and international treaty provisions. You must treat the Program like other copyrighted material with the following exception: Under this Agreement, you may make archival copies of the Program for the sole purpose of having a backup copy. You may not copy the documentation which accompanies the Program. 3. RESTRICTIONS ON USE. You may install and use the Program on one stand-alone computer at one time. You may not install and/or use the Program on more than one computer at one time. You may not install the Program on a network file server. You may not use, copy or transfer copies of the Program except as provided in this Agreement. You may not reverse engineer, decompile or disassemble the Program. You may not sublicense, rent, lease, distribute or assign the Program to any third party. You may not use the Program to operate a service bureau or other revenue-generating service business. 4. NO TRANSFER. You may not transfer any of your rights to use the Program to a third party. 5. TERM. This Agreement is effective until terminated. You may terminate at any time by destroying all copies of the Program in any form. It will terminate automatically if you fail to comply with any term or condition of this Agreement. Upon such termination, you agree to destroy all copies of Program. 6. WARRANTY DISCLAIMERS. FIREPAD MAKES NO WARRANTY OR REPRESENTATION WITH RESPECT TO THE PROGRAM AND IT IS LICENSED "AS IS." THE WARRANTY AND REMEDY PROVIDED ABOVE ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT OF THIRD PARTY RIGHTS, AND ANY STATEMENTS OR REPRESENTATIONS MADE BY ANY OTHER PERSON OR FIRM ARE VOID. 7. LIABILITY LIMITATIONS. YOU ASSUME ALL RISK AS TO THE SELECTION, USE, PERFORMANCE AND QUALITY OF THE PROGRAM. IN NO EVENT WILL FIREPAD OR ANY OTHER PARTY WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION OR DELIVERY OF THE PROGRAM BE LIABLE FOR SPECIAL, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION ANY LOST PROFITS OR SAVINGS, BUSINESS INTERRUPTION OR LOSS OF BUSINESS INFORMATION OR DATA, EVEN IF FIREPAD OR SUCH OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL FIREPAD'S OR SUCH OTHER PARTY'S LIABILITY FOR ANY DAMAGES OR LOSS TO USER OR ANY OTHER PARTY EXCEED THE LICENSE FEE PAID FOR THE PROGRAM, REGARDLESS OF WHETHER ANY ACTION OR CLAIM IS BASED ON WARRANTY, CONTRACT, TORT OR OTHERWISE. 8. EXPORT RESTRICTIONS. This Program or underlying information or technology may not be downloaded or otherwise exported or re- exported 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. 9. GENERAL. If any provision or portion of a provision of this Agreement is determined to be invalid or unenforceable, it shall be deemed omitted and the remaining provisions of this Agreement shall remain in full force and effect. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof, and all prior agreements, representations, statements and undertakings are hereby expressly cancelled.