This Limited Use Software License Agreement (the "Agreement") is a legal agreement between you, the end-user, and Banjo Software, Inc. ("Banjo"). By continuing the installation of this game program, by loading or running the game, or by placing or copying the game program onto your computer hard drive, you are agreeing to be bound by the terms of this Agreement. If you do not agree to the terms of this Agreement, promptly return the game program and the accompanying items (including all written materials), along with your receipt to the place from where you obtained them for a full refund. BANJO SOFTWARE LICENSE 1. Grant of License. Banjo grants to you the right to use one (1) copy of the enclosed Banjo Software game program (the "Software") on a single computer. For purposes of this section, "use" means loading the Software into RAM, as well as installation on a hard disk or other storage device. You shall not: rent, lease, sell, or distribute the Software, either in full or part. This includes but is not limited to, user made "WAD" files, CD, diskette, or electronically. You are allowed to make WAD files that are to be used in conjuntion with the game, DOOM II (copyright, Id Software, Inc.), and this Software (copyright, Banjo Software, Inc.). 2. Commercial Use is Prohibited: Under no circumstances shall anyone, be permitted, allowed or authorized to commercially exploit the Software, or any data comprising the Software (whether modified by you or otherwise) without written consent from Banjo. Neither you nor anyone at your direction shall do the following acts with regard to the Software, either in whole or part: a. Rent the Software; b. Sell the Software; c. Lease the Software; d. Offer the Software on a pay-per-play basis; e. Distribute the Software; or f. In any manner and through any medium whatsoever commercially exploit the Software or use the Software for any commercial purpose. 3. Copyright. The Software is owned by Banjo and is protected by United States copyright laws and international treaty provisions. You must treat the Software like any other copyrighted material, except that you may either (a) make one copy of the Software solely for back-up or archival purposes, or (b) transfer the Software to a single hard disk provided you keep the original solely for back-up or archival purposes. You may not otherwise reproduce, copy or disclose to others, in whole or in any part, the Software. You may not copy the written materials accompanying the Software. The same restrictions and prohibitions regarding your use of the Materials as provided in paragraph 2 herein apply to your use of the written materials accompanying the Software. The written materials are owned by Banjo and are protected by the United States copyright laws and International treaties. You agree to use your best efforts to see that any user of the Software licensed hereunder complies with this Agreement. 4. Limited Warranty. Banjo warrants that if properly installed and operated on a computer for which it is designed, the Software will perform substantially in accordance with the accompanying written materials for a period of ninety (90) days from the date of receipt. Banjo's entire liability and your exclusive remedy shall be, at Banjo's option, either (a) return of the price paid or (b) repair or replacement of the Software that does not meet Banjo's Limited Warranty. To make a warranty claim, return the Software to the point of purchase, accompanied by proof of purchase, your name, your address, and a statement of defect, or return the Software with the above information to Banjo. This Limited Warranty is void if failure of the Software has resulted in whole or in part from accident, abuse, misapplication or violation of this Agreement. Any replacement Software will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer. This warranty allocates risks of product failure between Licensee and Banjo. Banjo's product pricing reflects this allocation of risk and the limitations of liability contained in this warranty. 5. NO OTHER WARRANTIES. BANJO DISCLAIMS ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE SOFTWARE AND THE ACCOMPANYING WRITTEN MATERIALS. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS WHICH VARY FROM JURISDICTION TO JURISDICTION. BANJO DOES NOT WARRANT THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED, ERROR FREE OR MEET LICENSEE'S SPECIFIC REQUIREMENTS. THE WARRANTY SET FORTH ABOVE IS IN LIEU OF ALL OTHER EXPRESS WARRANTIES WHETHER ORAL OR WRITTEN. THE AGENTS, EMPLOYEES, DISTRIBUTORS, AND DEALERS OF BANJO ARE NOT AUTHORIZED TO MAKE MODIFICATIONS TO THIS WARRANTY, OR ADDITIONAL WARRANTIES ON BEHALF OF BANJO. ADDITIONAL STATEMENTS SUCH AS DEALER ADVERTISING OR PRESENTATIONS, WHETHER ORAL OR WRITTEN, DO NOT CONSTITUTE WARRANTIES BY BANJO AND SHOULD NOT BE RELIED UPON. 6. Exclusive Remedies. You agree that your exclusive remedy against Banjo, its affiliates, contractors, suppliers, and agents for loss or damage caused by any defect or failure in the Software regardless of the form of action, whether in contract, tort, including negligence, strict liability or otherwise, shall be the return of the purchase price paid or replacement of the Software. This Agreement shall be construed in accordance with and governed by the laws of the State of Louisiana. Copyright and other proprietary matters will be governed by United States laws and international treaties. IN ANY CASE, BANJO SHALL NOT BE LIABLE FOR LOSS OF DATA, LOSS OF PROFITS, LOST SAVINGS, SPECIAL, INCIDENTAL, CONSEQUENTIAL, INDIRECT OR OTHER SIMILAR DAMAGES ARISING FROM BREACH OF WARRANTY, BREACH OF CONTRACT, NEGLIGENCE, OR OTHER LEGAL THEORY EVEN IF BANJO OR ITS AGENT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR 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. General Provisions. Neither this Agreement nor any part or portion hereof shall be assigned, sublicensed or otherwise transferred by you. 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 a party 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 terms of this Agreement, YOUR LICENSE IS AUTOMATICALLY TERMINATED. YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, THAT YOU UNDERSTAND THIS AGREEMENT, AND UNDERSTAND THAT BY CONTINUING THE INSTALLATION OF THE SOFTWARE, BY LOADING OR RUNNING THE SOFTWARE, OR BY PLACING OR COPYING THE SOFTWARE ONTO YOUR COMPUTER HARD DRIVE, YOU AGREE TO BE BOUND BY THIS AGREEMENT'S TERMS AND CONDITIONS. YOU FURTHER AGREE THAT, EXCEPT FOR WRITTEN SEPARATE AGREEMENTS BETWEEN BANJO AND YOU, THIS AGREEMENT IS A COMPLETE AND EXCLUSIVE STATEMENT OF THE RIGHTS AND LIABILITIES OF THE PARTIES. THIS AGREEMENT SUPERSEDES ALL PRIOR ORAL AGREEMENTS, PROPOSALS OR UNDERSTANDINGS, AND ANY OTHER COMMUNICATIONS BETWEEN BANJO AND YOU RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT. ___________________________________________________________ Addendum - 3/22/2000 As of 3/26/2000, this Software is being made available for download at no charge from the website known as "Nostromo's Place" at the URL address: http://www.sonic.net/~nostromo Permission to distribute this Software has been granted by Banjo Software to Rich Johnston (aka Nostromo). Written permission is on record and may be viewed upon request. This permission extends ONLY to Rich Johnston and can not be extended to any other individual, business or entity without the written consent of Banjo Software or Rich Johnston. With the exception of this addendum, all terms within this agreement remain in effect.