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LIMITED USE SOFTWARE LICENSE AGREEMENT This Limited Use Software License Agreement (this "Agreement") is a legal agreement

between you, the end-user, and Id Software, Inc ("I!") BY CONTINUING THE DOWNLOAD OR INSTALLATION OF THE GAME PROGRAM ENTITLED WOLFENSTEIN: ENEMY TERRITORY (THE "SOFTWARE"), BY LOADING OR RUNNING THE SOFTWARE, OR BY PLACING OR COPYING THE SOFTWARE ONTO YOUR COMPUTER HARD DRIVE, COMPUTER RAM OR OTHER STORAGE, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS AGREEMENT. "ou agree that you are obtaining a co#y of the Software via download only, and you ac$nowledge and agree that you shall not co#y or retain the Software e%ce#t as e%#ressly #ermitted herein 1. Gran !" L#$%n&%. Sub&ect to the terms and #ro'isions of this Agreement and so long as you fully com#ly at all times with this Agreement, I! grants to you the non-e%clusi'e and limited right to use the Software only in e%ecutable or ob&ect code form The term "Software" includes all elements of the Software, including, without limitation, data files and screen dis#lays "ou are not recei'ing any ownershi# or #ro#rietary right, title or interest in or to the Software or the co#yrights, trademar$s or other rights related thereto (or #ur#oses of the first sentence of this section, "use" means loading the Software into )A* and+or onto com#uter hard dri'e, as well as installation of the Software on a hard dis$ or other storage de'ice, and means the uses #ermitted in sections , and - hereinbelow "ou agree that the Software will not be downloaded, shi##ed, transferred, e%#orted or re-e%#orted into any country or to a national or resident of any country in 'iolation of the United States .%#ort Administration Act (or any other law go'erning such matters) by you or anyone at your direction and that you will not utili/e, and will not authori/e anyone to utili/e, in any other manner, the Software in 'iolation of any a##licable law The Software shall not be downloaded or otherwise e%#orted or re-e%#orted into any country or to a national or resident of any country to which the United States has embargoed goods or to anyone or into any country who+that are #rohibited, by a##licable law, from recei'ing such #ro#erty In e%ercising your limited rights hereunder, you shall com#ly, at all times, with all a##licable laws, regulations, ordinances and statutes I! reser'es all rights not granted in this Agreement, including, without limitation, all rights to I!0s trademar$s '. P%r(# %) N%* Cr%a #!n&. Sub&ect to the terms and #ro'isions of this Agreement and so long as you fully com#ly at all times with this Agreement, I! grants to you the non-e%clusi'e and limited right to create for the Software (e%ce#t any Software code) your own modifications (the "1ew 2reations") that shall o#erate only with the Software (but not any demo, test or other 'ersion of the Software) "ou may include within the 1ew 2reations certain te%tures and other images (the "Software Images") from the Software "ou shall not create any 1ew 2reations that infringe against any third-#arty right or that are libelous, defamatory, obscene, false, misleading, or otherwise illegal or unlawful "ou agree that the 1ew 2reations will not be downloaded, shi##ed, transferred, e%#orted or re-e%#orted into any country or to a national or resident of any country in 'iolation of the United States .%#ort Administration Act (or any other law go'erning such matters) by you or anyone at your direction and that you will not utili/e, and will not authori/e anyone to utili/e, in any other manner, the 1ew 2reations in 'iolation of any a##licable law The 1ew 2reations shall not be downloaded or otherwise e%#orted or re -e%#orted into any country or to a national or resident of any country to which the United States has embargoed goods or to anyone or into any country who+that are #rohibited, by a##licable law, from recei'ing such #ro#erty "ou shall not rent, sell, lease, lend, offer on a #ay-#er-#lay basis or otherwise commercially e%#loit or commercially distribute the 1ew 2reations "ou are #ermitted only to distribute, without any cost or charge, the 1ew 2reations to other end-users so long as such distribution is not infringing against any third-#arty right and

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is not otherwise illegal or unlawful As noted below, in the e'ent you commit any breach of this Agreement, your license and this Agreement automatically shall terminate, without notice +. Pr!,#-# #!n& *# , R%.ar) ! ,% S!" *ar%. "ou, whether directly or indirectly, shall not do any of the following acts5 a b c d e f rent the Software6 sell the Software6 lease or lend the Software6 offer the Software on a "#ay-#er-#lay" basis6 distribute the Software by any means, e%ce#t as #ermitted by section hereinbelow6 in any other manner and through any medium whatsoe'er commercially e%#loit the Software, or use the Software for any commercial #ur#ose, including, without limitation, gi'ing away co#ies of the Software for free to #romote or mar$et any other material6 disassemble, re'erse engineer, decom#ile, modify, e%ce#t as #ermitted by section , hereinabo'e, or alter the Software6 translate the Software6 re#roduce or co#y the Software, e%ce#t as #ermitted by section - hereinbelow6 #ublicly dis#lay the Software6 #re#are or de'elo# deri'ati'e wor$s based u#on the Software6 or modify, remo'e or alter this Agreement or any notices or other mar$ings or legends, such as trademar$ or co#yright notices, affi%ed on or within the Software

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/. P%r(# %) D#& r#-0 #!n an) C!12#n.. So long as this Agreement accom#anies each co#y you ma$e of the Software and so long as you fully com#ly at all times with this Agreement, I! grants to you the non-e%clusi'e and limited right to5 (i) co#y the Software from the download onto your com#uter hard dri'e6 (ii) co#y the Software from your com#uter hard dri'e into your com#uter )A*6 (iii) co#y on one (4) hard dis$ one (4) "bac$ u#" or archi'al co#y of the Software6 and (i') co#y the Software and distribute such co#ies as standalone co#ies on #hysical media or in electronic format of the Software free of charge for non-commercial #ur#oses and not in connection with any other material "ou shall not distribute co#ies of the Software as mounted on or attached to the co'ers or any other #art of maga/ines or other #rinted material "ou shall not co#y or distribute the Software in any manner that infringes against, misa##ro#riates or otherwise 'iolates any third-#arty right or that is libelous, defamatory, obscene, false, misleading, or otherwise illegal or unlawful "ou shall not recei'e any #ostage, shi##ing, handling or other charge, #ayment, fee, or other consideration, including items in trade, in e%change for or in connection with co#ies of Software you may distribute, e'en if only for reimbursement "ou shall not recei'e any 'alue or consideration in e%change for or in connection with co#ies of the Software you may

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distribute "ou shall not distribute the Software bundled, co-#ac$aged or together with any material "ou shall not distribute the Software in connection with the #romotion or mar$eting of any material .%ce#t as such are included by I! within co#ies of the Software that you are #ermitted to ma$e under this Agreement, you shall not re#roduce, de#ict, dis#lay or co#y the title of the Software, the I! name or any screen dis#lay or other element or #art of the Software In e%ercising your limited rights hereunder, you shall com#ly, at all times, with all a##licable laws, regulations, ordinances and statutes I! reser'es all rights not granted in this Agreement "ou shall not commercially distribute the Software unless you first enter into a se#arate contract with I!, on terms and conditions determined in I!0s sole discretion, and only u#on your recei#t of a written agreement e%ecuted by an authori/ed officer of I! 3. In %44%$ 0a4 Pr!1%r 2 R#., &. The Software and all co#yrights, trademar$s and all other concei'able intellectual #ro#erty rights related to the Software are owned by I! and are #rotected by United States co#yright laws, international treaty #ro'isions and all a##licable law, such as the Lanham Act "ou must treat the Software li$e any other co#yrighted material, as re7uired by 48 U S 2 9 4:4 et seq. and other a##licable law "ou agree to use your best efforts to see that any user of the Software licensed hereunder, or the 1ew 2reations, com#lies with this Agreement "ou agree that you are recei'ing a co#y of the Software by limited license only and not by sale and that the "first sale" doctrine of 48 U S 2 9 4:; does not a##ly to your recei#t or use of the Software This section shall sur'i'e the cancellation or termination of this Agreement 5. NO ID WARRANTIES. ID DISCLAIMS , AND ITS LICENSEE6S (INCLUDING, WITHOUT LIMITATION, ACTIVISION INC. AND ITS AFFILIATES) DISCLAIM, ALL WARRANTIES, WHETHER E7PRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTY OF NON8INFRINGEMENT, WITH RESPECT TO THE SOFTWARE, THE SOFTWARE IMAGES AND OTHERWISE. THE SOFTWARE IS PROVIDED "AS IS" AND WITHOUT WARRANTY. ID DOES NOT (AND ITS LICENSEES DO NOT) WARRANT THAT THE SOFTWARE OR THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE OR THAT THE SOFTWARE WILL MEET YOUR SPECIFIC OR SPECIAL RE9UIREMENTS. ADDITIONAL STATEMENTS, WHETHER ORAL OR WRITTEN, DO NOT CONSTITUTE WARRANTIES BY ID (OR ANY ID LICENSEE) AND SHOULD NOT BE RELIED UPON. T<IS S.2TI=1 S<ALL SU)>I>. T<. 2A12.LLATI=1 =) T.)*I1ATI=1 =( T<IS A?)..*.1T :. G!;%rn#n. La*, V%n0%, In)%(n# 2 an) L#a-#4# 2 L#(# a #!n. This Agreement shall be construed in accordance with and go'erned by the a##licable laws of the State of Te%as and a##licable United States federal law .%clusi'e 'enue for all litigation regarding this Agreement shall be in !allas 2ounty, Te%as, and you agree to submit to the &urisdiction of the federal and state courts in !allas 2ounty, Te%as, for any such litigation "ou hereby agree to indemnify, defend and hold harmless I! and I!0s officers, em#loyees, directors, agents, licensees (e%cluding you), sub-licensees (e%cluding you), successors and assigns from and against all losses, lawsuits, damages, causes of action and claims relating to and+or arising from the 1ew 2reations or the distribution or other use of the 1ew 2reations or relating to and+or arising from your breach of this Agreement "ou agree that your unauthori/ed use of the Software Images, or the Software, or any #art thereof, immediately and irre#arably will damage I! such that I! could not be com#ensated ade7uately solely by a monetary award, and u#on such actual or threatened unauthori/ed use, at I!0s o#tion, that I! shall be entitled to an in&uncti'e order, in addition to all other a'ailable remedies, including a monetary award, to #rohibit such unauthori/ed use without the necessity of I! #osting bond or other security IN ANY CASE, ID, AND ID6S OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, REPRESENTATIVES, AGENTS, LICENSEES

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(E7CLUDING YOU), SUBLICENSEES (E7CLUDING YOU), SUCCESSORS AND ASSIGNS SHALL NOT BE LIABLE FOR ANY CLAIM BY ANY THIRD PARTY OR FOR ANY LOSS OF DATA, LOSS OF PROFITS, LOST SAVINGS, SPECIAL, INCIDENTAL, CONSE9UENTIAL, INDIRECT OR PUNITIVE DAMAGES OR ANY OTHER DAMAGES ARISING FROM ANY ALLEGED CLAIM FOR BREACH OF WARRANTY, BREACH OF CONTRACT, NEGLIGENCE, STRICT PRODUCT LIABILITY, OR OTHER LEGAL THEORY EVEN IF ID OR ID6S REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES, OR EVEN IF SUCH DAMAGES ARE FORESEEABLE. Some &urisdictions do not allow the e%clusion or limitation of incidental or conse7uential damages, so the abo'e limitation or e%clusion may not a##ly to you This section shall sur'i'e the cancellation or termination of this Agreement <. Un# %) S a %& G!;%rn(%n R%& r#$ %) R#., &. To the e%tent a##licable, the United States ?o'ernment shall only ha'e those rights to use the Software as e%#ressly stated and e%#ressly limited and restricted in this Agreement, as #ro'ided in -A 2 ( ) 99 ,,8 8,:4 through ,,8 8,:-, inclusi'e =. G%n%ra4 Pr!;#&#!n&. 1either this Agreement nor any #art or #ortion hereof shall be assigned or sublicensed by you I! may assign its rights under this Agreement in I!0s sole discretion Should any #ro'ision of this Agreement be held to be 'oid, in'alid, unenforceable or illegal by a court of com#etent &urisdiction, the 'alidity and enforceability of the other #ro'isions shall not be affected thereby If any #ro'ision is determined to be unenforceable by a court of com#etent &urisdiction, you agree to a modification of such #ro'ision to #ro'ide for enforcement of the #ro'ision0s intent, to the ma%imum e%tent #ermitted by a##licable law (ailure of I! to enforce any #ro'ision of this Agreement shall not constitute or be construed as a wai'er of such #ro'ision or of the right to enforce such #ro'ision IMMEDIATELY UPON YOUR FAILURE TO COMPLY WITH OR BREACH OF ANY TERM OR PROVISION OF THIS AGREEMENT, YOUR LICENSE GRANTED HEREIN AND THIS AGREEMENT AUTOMATICALLY SHALL TERMINATE, WITHOUT NOTICE, AND ID MAY PURSUE ALL RELIEF AND REMEDIES AGAINST YOU THAT ARE AVAILABLE UNDER APPLICABLE LAW AND>OR THIS AGREEMENT. Immediately u#on termination of this Agreement, any and all rights you are granted hereunder shall terminate, you shall ha'e no right to use the Software or the 1ew 2reations, in any manner, and you immediately shall destroy all co#ies of the Software and the 1ew 2reations in your #ossession, custody or control, and all rights granted hereunder shall re'ert, without notice, to and be 'ested in I! YOU AC?NOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, YOU UNDERSTAND THIS AGREEMENT, AND UNDERSTAND THAT BY CONTINUING THE DOWNLOAD OR INSTALLATION OF THE SOFTWARE, BY LOADING OR RUNNING THE SOFTWARE, OR BY PLACING OR COPYING THE SOFTWARE ONTO YOUR COMPUTER HARD DRIVE OR RAM, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. YOU FURTHER AGREE THAT, E7CEPT FOR WRITTEN SEPARATE AGREEMENTS, IF ANY, BETWEEN ID AND YOU, THIS AGREEMENT IS A COMPLETE AND E7CLUSIVE STATEMENT OF THE RIGHTS AND LIABILITIES OF THE PARTIES HERETO, RELATING TO THE SUB@ECT MATTER HEREOF. THIS AGREEMENT SUPERSEDES ALL PRIOR ORAL AGREEMENTS, PROPOSALS OR UNDERSTANDINGS, AND ANY OTHER COMMUNICATIONS, IF ANY, BETWEEN ID AND YOU RELATING TO THE SUB@ECT MATTER OF THIS AGREEMENT.

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