Ten Thousand Dice 2.40

EULA - End User License Agreement

TEN THOUSAND DICE LICENSE AGREEMENT

BY CLICKING THE ACCEPTANCE BUTTON OR INSTALLING OR USING THE
TEN THOUSAND DICE SOFTWARE (THE PRODUCT), THE INDIVIDUAL
OR ENTITY LICENSING THE PRODUCT (LICENSEE) IS CONSENTING
TO BE BOUND BY AND IS BECOMING A PARTY TO THIS AGREEMENT.
IF LICENSEE DOES NOT AGREE TO ALL OF THE TERMS OF THIS
AGREEMENT, THE BUTTON INDICATING NON-ACCEPTANCE MUST BE
SELECTED, AND LICENSEE MUST NOT INSTALL OR USE THE PRODUCT.

1. LICENSE GRANT. Earl N. Waud (ENW Software) grants Licensee a
non-exclusive and non-transferable license to reproduce and use for
personal or internal business purposes the executable code version of
the Product, provided any copy must contain all of the original proprietary
notices. This license does not entitle Licensee to receive from ENW
Software hard-copy documentation, technical support, telephone assistance,
or enhancements or updates to the Product. Licensee may not redistribute
the Product. In the event Licensee wishes to redistribute or sublicense
the Product, either for profit or otherwise, Licensee must first obtain
written permission from ENW Software to do so.

2. RESTRICTIONS. Except as otherwise expressly permitted in this
Agreement, Licensee may not: (i) modify or create any derivative works
of the Product or documentation, including translation or localization;
(ii) decompile, disassemble, reverse engineer, or otherwise attempt to
derive the source code for the Product (except to the extent applicable
laws specifically prohibit such restriction); (iii) redistribute, encumber,
sell, rent, lease, sublicense, or otherwise transfer rights to the Product;
(iv) remove or alter any trademark, logo, copyright or other proprietary
notices, legends, symbols or labels in the Product; or (v) publish any
results of benchmark tests run on the Product to a third party without
ENW Softwares prior written consent.

3. TERMINATION. Without prejudice to any other rights, ENW Software may
terminate this Agreement if Licensee breaches any of its terms and
conditions. Upon termination, Licensee shall destroy all copies of the
Product.

4. PROPRIETARY RIGHTS. Title, ownership rights, and intellectual property
rights in the Product shall remain in ENW Software and/or its suppliers.
Licensee acknowledges such ownership and intellectual property rights and
will not take any action to jeopardize, limit or interfere in any manner
with ENW Softwares or its suppliers ownership of or rights with respect
to the Product. The Product is protected by copyright and other
intellectual property laws and by international treaties. Licensee agrees,
at its expense, to defend and hold ENW Software and its affiliates harmless
from any and all costs, damages and reasonable attorneys fees resulting
from any claim that Licensees use of the Product has injured or otherwise
violated any right of any third party or violates any law.

5. DISCLAIMER OF WARRANTY. THE PRODUCT IS PROVIDED ON AN
AS IS BASIS, WITHOUT WARRANTY OF ANY KIND, INCLUDING
WITHOUT LIMITATION THE WARRANTIES THAT IT IS FREE OF
DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR
NON-INFRINGING. THE ENTIRE RISK AS TO THE QUALITY AND
PERFORMANCE OF THE PRODUCT IS BORNE BY LICENSEE. SHOULD
THE PRODUCT PROVE DEFECTIVE IN ANY RESPECT, LICENSEE AND
NOT ENW SOFTWARE OR ITS SUPPLIERS OR RESELLERS ASSUMES
THE ENTIRE COST OF ANY SERVICE AND REPAIR. THIS DISCLAIMER
OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT.
NO USE OF THE PRODUCT IS AUTHORIZED HEREUNDER EXCEPT UNDER
THIS DISCLAIMER.

6. LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW, IN NO EVENT WILL ENW SOFTWARE OR ITS SUPPLIERS
OR RESELLERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR
CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO
USE THE PRODUCT, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR
LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR
MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES,
EVEN IF ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF
THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE)
UPON WHICH THE CLAIM IS BASED. IN ANY CASE, ENW SOFTWARES
ENTIRE LIABILITY UNDER ANY PROVISION OF THIS AGREEMENT SHALL
NOT EXCEED IN THE AGGREGATE THE SUM OF THE FEES LICENSEE PAID
FOR THIS LICENSE (IF ANY) AND FEES FOR SUPPORT OF THE PRODUCT
RECEIVED BY ENW SOFTWARE UNDER A SEPARATE SUPPORT AGREEMENT
(IF ANY), WITH THE EXCEPTION OF DEATH OR PERSONAL INJURY CAUSED
BY THE NEGLIGENCE OF ENW SOFTWARE TO THE EXTENT APPLICABLE LAW
PROHIBITS THE LIMITATION OF DAMAGES IN SUCH CASES. SOME
JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF
INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION AND
LIMITATION MAY NOT BE APPLICABLE. ENW SOFTWARE IS NOT
RESPONSIBLE FOR ANY LIABILITY ARISING OUT OF CONTENT PROVIDED
BY LICENSEE OR A THIRD PARTY THAT IS ACCESSED THROUGH THE
PRODUCT AND/OR ANY MATERIAL LINKED THROUGH SUCH CONTENT.

7. EXPORT CONTROL. Licensee agrees to comply with all export laws and
restrictions and regulations of the United States or foreign agencies or
authorities, and not to export or re-export the Product or any direct product
thereof in violation of any such restrictions, laws or regulations, or
without all necessary approvals. As applicable, each party shall obtain and
bear all expenses relating to any necessary licenses and/or exemptions with
respect to its own export of the Product from the U.S.

8. HIGH RISK ACTIVITIES. The Product is not fault-tolerant and is not
designed, manufactured or intended for use or resale as on-line control
equipment in hazardous environments requiring fail-safe performance, such as
in the operation of nuclear facilities, aircraft navigation or communication
systems, air traffic control, direct life support machines, or weapons
systems, in which the failure of the Product could lead directly to death,
personal injury, or severe physical or environmental damage (High Risk
Activities). Accordingly, ENW Software and its suppliers specifically
disclaim any express or implied warranty of fitness for High Risk
Activities. Licensee agrees that ENW Software and its suppliers will not be
liable for any claims or damages arising from the use of the Product in such
applications.

9. U.S. GOVERNMENT END USERS. The Product is a commercial item, as that
term is defined in 48 C.F.R. 2.101 (Oct. 1995), consisting of commercial
computer software and commercial computer software documentation, as such
terms are used in 48 C.F.R. 12.212 (Sept. 1995). Consistent with 48 C.F.R.
12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4 (June 1995), all U.S.
Government End Users acquire the Product with only those rights set forth
herein.

10. MISCELLANEOUS. (a) This Agreement constitutes the entire agreement
between the parties concerning the subject matter hereof. (b) This Agreement
may be amended only by a writing signed by both parties. (c) Except to the
extent applicable law, if any, provides otherwise, this Agreement shall be
governed by the laws of the State of California, U.S.A., excluding its
conflict of law provisions. (d) Unless otherwise agreed in writing, all
disputes relating to this Agreement (excepting any dispute relating to
intellectual property rights) shall be subject to final and binding
arbitration in San Diego, California, under the auspices of the American
Arbitration Association (AAA), with the losing party paying all costs of
arbitration. (e) This Agreement shall not be governed by the United Nations
Convention on Contracts for the International Sale of Goods. (f) If any
provision in this Agreement should be held illegal or unenforceable by a
court having jurisdiction, such provision shall be modified to the extent
necessary to render it enforceable without losing its intent, or severed
from this Agreement if no such modification is possible, and other
provisions of this Agreement shall remain in full force and effect. (g)
A waiver by either party of any term or condition of this Agreement or any
breach thereof, in any one instance, shall not waive such term or condition
or any subsequent breach thereof. (h) The provisions of this Agreement which
require or contemplate performance after the expiration or termination of
this Agreement shall be enforceable notwithstanding said expiration or
termination. (i) Licensee may not assign or otherwise transfer by operation
of law or otherwise this Agreement or any rights or obligations herein
except in the case of a merger or the sale of all or substantially all of
Licensees assets to another entity. (j) This Agreement shall be binding
upon and shall inure to the benefit of the parties, their successors and
permitted assigns. (k) Neither party shall be in default or be liable for
any delay, failure in performance (excepting the obligation to pay) or
interruption of service resulting directly or indirectly from any cause
beyond its reasonable control. (l) The relationship between ENW Software
and Licensee is that of independent contractors and neither Licensee nor
its agents shall have any authority to bind ENW Software in any way. (l) ENW
Software may change the terms of this Agreement from time to time. By
continuing to use the Product beyond a period of 30 days after notice of
such change has been provided on a public website of ENW Software or its
affiliate for the first time, Licensee signifies its consent to the revised
terms.