PLEASE READ THIS AGREEMENT CAREFULLY END USER SOFTWARE LICENSE AGREEMENT THIS IS A LICENSE AGREEMENT ("AGREEMENT") BETWEEN

PLAYFIRST, INC. ("LICENSOR"), AND YOU ("LICENSEE" OR "YOU") FOR USE OF THE ACCOMPANYING SOFTWARE AND USER DOCU MENTATION (THE "SOFTWARE"). LICENSOR IS WILLING TO GRANT YOU THE LICENSE TO USE THE SOFTWARE ACCORDING ONLY ON THE CONDITION THAT YOU ACCEPTS ALL TERMS IN THIS AGREEMENT. BY CLICKING ON THE "ACCEPT" BUTTON BELOW, YOU ACKNOWLEDGE THAT YOU HAVE READ THI S AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY IT. IF YOU DO NOT AGREE TO ANY OF THE TERMS BELOW, LICENSOR IS UNWILLING TO LICENSE THE SOFTWARE TO YOU, A ND YOU SHOULD CLICK ON THE "DO NOT ACCEPT" BUTTON BELOW TO DISCONTINUE THE INSTA LLATION PROCESS. IN SUCH CASE, ANY AMOUNTS ALREADY PAID BY YOU SHALL BE REFUNDE D BY LICENSOR OR THE RETAILER FROM WHICH YOU PURCHASED THE SOFTWARE. 1. COPYRIGHT. The Software is protected by copyright laws and international cop yright treaties, as well as other intellectual property laws and treaties. All t itle and copyrights in and to the Software (including but not limited to any ima ges, photographs, animations, video, music, text and "applets" incorporated into the Software) and any printed materials accompanying the Software are owned by the Licensor or its suppliers. This program makes use of the following libraries which are GNU LGPL licensed: S DL, SDL_Mixer, SDL_TTF and SDL_Image, a copy the LGPL license is included in the installed folder of the Software. Other third party libraries may be used, as indicated in the library files or references in the Licenses folder for the Soft ware. 2. GRANT OF LICENSE. The Software is licensed and not sold to you and its use i s subject to this Agreement. Licensor grants You a limited, personal, non-exclus ive license to use the Software in the manner described in the user documentatio n. Licensor reserves all rights not expressly granted to You in this Agreement. 3. PERMITTED USES. You may install and use the Software on a single computer. Y ou may make and maintain one copy of the Software for backup and archival purpos es, provided that the original and copy of the Software are kept in your possess ion and you reproduce all copyright and other proprietary notices that are on th e original copy of the Software. You may permanently transfer all your rights un der this Agreement, provided you retain no copies, you transfer all of the Softw are (including all component parts, the media and printed materials and any upgr ades) and the recipient reads and accepts this Agreement. Any assignment in dero gation of the foregoing shall be null and void. 4. DIGITAL RIGHTS MANAGAMENT. The Software may include digital rights managemen t technologies to collect personal information from you in order to activate a g ame. You expressly consent to Licensor's use of cookies, clear GIFs, and digital rights management when you use Licensor's services or access the game. The dig ital rights management may also disallow or disable access to the Software where Licensor has reason to believe it is being used in violation of these terms or where the term of this Agreement has ended. You may not attempt to circumvent t he Digital Rights Management. 5. RESTRICTIONS. You may not delete or obscure any copyright, trademark or othe r proprietary notice on the Software or accompanying printed materials. You may not decompile, modify, reverse engineer, disassemble or otherwise reproduce the Software. You may not copy, rent, lease, sublicense, distribute, publicly displa y the Software, create derivative works based on the Software or otherwise comme rcially exploit the Software. You may not electronically transmit the Software f rom one computer, console or other platform to another or over a network. You ma

y not use any backup or archival copy of the Software for any purpose other than to replace the original copy in the event it's destroyed or becomes defective. 6. TERMINATION. This Agreement is effective until terminated. You may terminate this Agreement at any time by destroying the Software. This Agreement will term inate automatically without notice from Licensor if you fail to comply with any provision of this Agreement. Upon notice of termination, You agree to promptly d estroy all of your copies of the Software. All provisions of this Agreement as t o warranties, limitation of liability, remedies and damages will survive termina tion. 7. WARRANTY DISCLAIMER. THE SOFTWARE IS PROVIDED TO YOU "AS IS" AND LICENSOR AN D ITS SUPPLIERS EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS, EXPRESS, IMPLI ED OR STATUTORY, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OR CONDITIO NS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. N O ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY LICENSOR, ITS EMPLOYEES, DISTRI BUTORS, DEALERS, OR AGENTS SHALL INCREASE THE SCOPE OF THE ABOVE WARRANTIES OR C REATE ANY NEW WARRANTIES. 8. LIMITATION OF REMEDIES. REGARDLESS OF WHETHER ANY REMEDY SET FORTH HEREIN FA ILS OF ITS ESSENTIAL PURPOSE OR OTHERWISE, IN NO EVENT WILL LICENSOR OR ITS SUPP LIERS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY LOST PROFITS, LOST DATA, IN TERRUPTION OF BUSINESS, OR OTHER SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE OR A NY DATA SUPPLIED THEREWITH, EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES AND WHETHER OR NOT SUCH LOSS OR DAMAGES ARE FORESEEABLE . IN NO EVENT SHALL THE LIABILITY OF LICENSOR EXCEED THE AMOUNT RECEIVED BY LIC ENSOR FROM YOU UNDER THIS AGREEMENT. In jurisdictions that do not allow the excl usion or limitation of liability for consequential, special or incidental damage s, Licensor's liability under this Agreement shall be limited to the maximum ext ent permitted by applicable law. 9. EXPORT CONTROL. The Software and related technology are subject to U.S. expo rt control laws and may be subject to export or import regulations in other coun tries. You agree to strictly comply with all such laws and regulations and ackno wledge that you have the responsibility to obtain such licenses to export, re-ex port or import as may be required. 10. GENERAL. This Agreement will be governed by the laws of the State of Califo rnia in the United States of America, without regard to or application of confli cts of law rules or principles. The Federal and State Courts located in Santa Cl ara County shall have sole jurisdiction over any disputes arising hereunder and the parties hereby submit to the personal jurisdiction of such courts. If any pr ovision of this Agreement is held to be unenforceable, that provision will be re moved and the remaining provisions will remain in full force. In the event any p roceeding or lawsuit is brought by Licensor or You in connection with this Agree ment, the prevailing party in such proceeding or lawsuit shall be entitled to re ceive its costs, expert witness fees and reasonable attorney's fees, including c osts and fees on appeal. The failure of either party to require performance by t he other party of any provision hereof shall not affect the full right to requir e such performance at any time thereafter; nor shall the waiver by either party of a breach of any provision hereof be taken or held to be a waiver of the provi sion itself. This Agreement is the complete and exclusive statement of the agree ment between Licensor and You which supersedes any proposal or prior agreement, oral or written, and any other communications between the parties in relation to the subject matter of this Agreement. This Agreement shall not be modified exc ept by a subsequently dated written amendment or exhibit signed by both parties by their duly authorized representatives. THE SOFTWARE IS PROTECTED BY UNITED STATES COPYRIGHT LAW AND INTERNATIONAL TREAT

Y. UNAUTHORIZED REPRODUCTION OR DISTRIBUTION IS SUBJECT TO CIVIL AND CRIMINAL PENAL TIES. Copyright 2006, PlayFirst, Inc. All Rights Reserved. Protected by copyright and licenses restricting use, copying, distribution and d ecompilation. PlayFirst, the Playfirst logo, Pirate Poppers and the Pirate Poppe rs logo are trademarks of PlayFirst, Inc., or its suppliers in the United States and other countries. Mystery Studio and the Mystery Studio logo are trademarks of Mystery Studio.