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POPCAP GAMES, INC.

END USER LICENSE AGREEMENT
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PLEASE REVIEW THIS END USER LICENSE AGREEMENT CAREFULLY. DO NOT CLICK "I AGREE" AND CONTINUE WITH THE INSTALLATION
OF THIS GAME IF YOU DO NOT AGREE WITH THE TERMS OF THIS EULA, INCLUDING THE PROVISIONS ENTITLED "AUTOMATED
COLLECTION OF INFORMATION", "CONNECTED GAME" AND "COINS; BOOSTS".

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THIS END USER LICENSE AGREEMENT ("EULA") IS A BINDING LEGAL AGREEMENT BETWEEN POPCAP GAMES,
INC. ("POPCAP") AND YOU AND, IF APPLICABLE, THE COMPANY OR OTHER LEGAL ENTITY YOU REPRESENT
(COLLECTIVELY, "YOU" AND "YOUR") REGARDING THE GAME SOFTWARE THAT YOU ARE INSTALLING,
INCLUDING ANY ACCOMPANYING MANUAL OR OTHER RELATED MATERIAL PROVIDED BY POPCAP AS PART OF,
OR IN CONNECTION, THEREWITH (COLLECTIVELY, THE "GAME").
BY CLICKING THE "I AGREE" BUTTON BELOW, OR BY OTHERWISE CONTINUING TO INSTALL, DOWNLOAD,
COPY, ACCESS OR USE THE GAME, YOU ACKNOWLEDGE THAT YOU UNDERSTAND AND AGREE TO BE BOUND
BY THE TERMS OF THIS EULA. IF YOU DO NOT AGREE, YOU MUST SELECT THE "I DON'T AGREE" BUTTON AND
YOU MAY NOT CONTINUE TO INSTALL, DOWNLOAD, COPY, ACCESS OR USE THE GAME.
1.

LICENSE GRANT AND RESTRICTIONS.

1.1
License Grant. PopCap hereby grants to you a non-exclusive license to use a single copy of the object code
version of the Game for your personal, non-commercial home entertainment use on one personal computer or other
compatible electronic device. You may sell or transfer your copy of the Game to another person along with, and subject
to, your rights under this EULA, only if you do not retain any copies.
1.2
Restrictions. You may not (i) decompile, disassemble or reverse engineer the Game or otherwise attempt to gain
access to its source code, except to the extent that such restrictions are expressly prohibited by law; (ii) copy, offer for
public display, translate, adapt, modify or otherwise alter the Game, or create derivative works thereof, except to the
extent that such restrictions are expressly prohibited by law; (iii) rent, lease, loan, sublicense or distribute the Game, or
offer it on a pay-per-play, coin-op or other for charge (or free) basis; (iv) use the Game to infringe the copyrights or other
intellectual property rights of others in any way; (v) remove, circumvent, disable, damage or otherwise interfere with
security-related or limiting features of the Game, and/or (vi) modify or delete the copyright and other proprietary rights
notices on or in the Game.
1.3
Additional Restrictions for Trial Versions. If the Game was provided to you for trial use for a limited period of
time and/or number of uses, you agree not to use the Game beyond the expiration or termination of the trial period. You
acknowledge and agree that the Game may include code designed to prevent you from exceeding these limits, and that
such code may remain on your computer or device after deletion of the Game to prevent you from installing another copy
of the Game and repeating the trial.
1.4
Automated Collection of Information. The Game may automatically send and receive information to and from
your computer regarding your use of the Game which PopCap may use to update the Game (by providing new features,
bug fixes, etc.), to perform quality and assurance testing for the Game, and to provide you with information about other
products and services we offer. PopCap may assign a unique anonymous identifier to the Game you have downloaded or,
in the case of a connected Game (as defined in Clause 1.5 below), utilize an anonymous identifier provided by the
relevant social networking site, to personalize your experience, recommend products and services or make special offers
through the Game specifically based on your preferences and usage of our products and services, without personally
identifying you. PopCap accomplishes this by evaluating non-personally identifiable information that is associated with the
anonymous identification number. PopCap may also collect and process information about preferences and usage of our
products and services in an anonymous and aggregated form in order to analyze ways to improve our products and
services. The collection and use of such data by PopCap is further described in PopCap's privacy policy for social
networking site applications, which can be found at http://labs.popcap.com/facebook/bj2/privacy.php, and which is
incorporated into this EULA by this reference. BY USING THE GAME YOU CONSENT TO THE TRANSMISSION AND
USE OF ALL INFORMATION DESCRIBED IN THIS PARAGRAPH FOR THE PURPOSES AS DESCRIBED IN THIS
PARAGRAPH.
1.5
Connected Game. When you connect the Game to an applicable social networking site, the connected Game
will send PopCap certain information derived from your public profile information on the social networking site. This
information may include, but is not limited to, your name, gender, profile picture, the names and pictures of your social
networking site "friends", and game scores. PopCap will retain this information temporarily to enhance your experience
when you are playing the connected Game. For example, PopCap may post the high scores and profile pictures of you

mystery gems. PopCap shall not be responsible or liable for your interactions with the social networking site or your purchase of SNS Credits. Boosts. Boosts may only be used within the Game. GAME OWNERSHIP. For additional terms and conditions that may apply to the Game. through redemption of SNS Credits (as described below) or they may be earned by you during a connected Game play session. This redemption rate may change from time to time. THE ORIGINAL PURCHASER OF THE GAME. It is your responsibility to read and accept those terms. 2. EXPRESS OR IMPLIED. BUT NOT LIMITED TO. INCLUDING. You understand that you have no right or title to or interest in any Coins earned by you or the Boosts for which Coins are redeemed. your purchase of SNS Credits is subject to the applicable terms and conditions of the social networking site from which the SNS Credits were purchased. 4. which can be found at http://labs. Coins and Boosts are not transferable or redeemable for any sum of money or monetary value from PopCap or any third party and you agree not to sell or exchange Coins or Boosts. when and for what products or services Coins may be redeemed. 4. TITLE. and which is incorporated into this EULA by this reference. and the like. please review the ReadMe file included with the Game. eliminate or discontinue Coins and/or Boosts entirely as it sees fit.6 Coins. Boosts are special in-game features that you can activate while playing the Game. PopCap may modify. title. LIMITED WARRANTIES BY POPCAP. Any purchase of Coins from PopCap is subject to additional terms and conditions. Coins that are accumulated by you during a connected Game play session (when you are connected to an applicable social networking site) may be made available for purchase from PopCap. AND NON- . 1. such as third-party copyright notices and license information. you agree to immediately uninstall the Game and destroy all copies of the Game. The Game is the copyrighted proprietary material of PopCap and/or its third-party licensors and is subject to copyright protection under U. TERMINATION.7 Game Specific Terms and Conditions. This EULA is effective until terminated. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. ALL OTHER WARRANTIES. Upon termination of this EULA. and interest in the Game (and any copies thereof) and specifically reserve all rights not expressly granted under this EULA. 3. YOU AGREE TO THE TRANSMISSION AND USE OF YOUR SOCIAL NETWORKING SITE INFORMATION BY POPCAP AS DESCRIBED IN THIS PARAGRAPH. If PopCap elects to make Coins available for purchase using credits offered by the applicable social networking site ("SNS Credits").1 Limited Warranty. WARRANTIES OF MERCHANTABILITY. such as extra time.S.popcap. WHEN YOU ACCESS OR PLAY A CONNECTED GAME. as determined by PopCap in its sole discretion. as well as other intellectual property laws and treaties. They may only be earned by you through Game play.php. Coins that are accumulated during an offline Game play session (when you are not connected to an applicable social networking site) are not available for purchase.and your friends while you play the connected Game. THIS LIMITED WARRANTY IS VOID IF THE GAME HAS BEEN SUBJECT TO MISUSE. copyright law and international copyright treaties. and how. THAT THE GAME WILL BE FREE FROM DEFECTS IN MATERIALS AND WORKMANSHIP FOR A PERIOD OF NINETY (90) DAYS FROM THE DATE OF PURCHASE (THE "WARRANTY PERIOD"). The ReadMe file for the Game is hereby incorporated into this EULA by this reference. Coins may be redeemed for in-game Boosts. Coins are made available under a limited license for your personal use within the Game. You may terminate this EULA at any time by uninstalling the Game and destroying all copies of the Game in your possession or control. During a Game session. FITNESS FOR A PARTICULAR PURPOSE. PopCap may terminate this EULA immediately upon notice to you if you breach any of its terms or conditions. DAMAGE OR IF YOU HAVE VIOLATED THIS EULA. PopCap and/or its third-party licensors retain all right. The collection and use of data by PopCap from a connected Game is further described in PopCap's privacy policy for social networking site applications.com/facebook/bj2/privacy. you may accumulate virtual currency known as Coins. PopCap will establish a redemption rate for SNS Credits which will be posted within the Game. PopCap reserves the right to determine in its sole discretion the payment methods which may be used by you to purchase Coins. The Coins you accumulate during offline play may be redeemed by you for Boosts only during offline play and may not be redeemed or otherwise used by you during connected Game play. POPCAP WARRANTS TO YOU. PopCap may stop accepting SNS Credits as a payment method for Coins at anytime. 1. PopCap will not recognize any sale or transfer of Boosts or Coins and it will be deemed void. In addition.

LICENSORS AND SUPPLIERS (COLLECTIVELY. YOUR EXCLUSIVE REMEDY. IN NO EVENT WILL THE POPCAP PARTIES' TOTAL AGGREGATE LIABILITY TO YOU FOR DIRECT DAMAGES. . in whole or in part. LOSSES. SO THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. including their respective employees. NO PROVISIONS OF THIS EULA SHALL APPLY TO LIMIT LIABILITY ARISING FROM DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE OR FOR FRAUD. 4. 10. action or proceeding that may arise out of. as applicable. EXPORT CONTROL. REPAIR OR REPLACE THE DISC OR OTHER MEDIA CONTAINING THE GAME. PRIVACY. OR ANY OTHER TYPE OF DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES RELATING TO LOST PROFITS. WHICHEVER IS LONGER.2 For users located outside of North America. OR WARRANTIES THAT THE GAME WILL BE ERROR-FREE. NEGLIGENCE OR OTHER DUTY OF CARE). arising out of your violation of this EULA and/or your use or misuse of the Game. the Game to certain countries. THE RETAILER. 5. this EULA will be governed by and construed in accordance with the laws of the State of Washington. and specifically excluding the United Nations Convention on Contracts for the sale of International Goods. whether written or oral. excluding its conflicts of law rules and specifically excluding the United Nations Convention on Contracts for the International Sale of Goods. persons or entities prohibited from receiving exports from the United States. OTHERWISE. This is the entire agreement between you and PopCap relating to the subject matter herein and replaces any and all previous representations. agreements. GOVERNING LAW AND VENUE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES AND/OR THE LIMITATION OF INDIRECT DAMAGES AS SET FORTH IN SECTIONS 4 AND 5 ABOVE. including attorneys' fees. BASIS OF THE BARGAIN. MAY REFUND YOUR PURCHASE PRICE. If you are located outside North America. This EULA may not be modified except in writing. 7. 10. or in connection with. and you agree that you will comply with any such foreign import and export laws. INCIDENTAL. signed by both parties.1 For users located within North America. CONSEQUENTIAL. 8. The English language version of this EULA will control its interpretation. SPECIAL. officers. directors and personnel from any claims. MISCELLANEOUS. HOWEVER. REPAIR OR REPLACEMENT DESCRIBED ABOVE. LIMITATION OF LIABILITY. and such invalidity or unenforceability will not affect any other provision of this EULA. FOR BREACH OF THIS WARRANTY.INFRINGEMENT. USA. EVEN IF ONE OR MORE OF THE POPCAP PARTIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. You agree to indemnify. WHICHEVER IS GREATER. If you are located within North America. construed or reformed to the extent reasonably required to render it valid. AT ITS OPTION.2 Additional Warranty for Retail Product. this EULA shall be governed by and construed in accordance with the laws of Ireland. Additionally. the Game may be subject to the import and export laws of other countries. enforceable and consistent with the original intent underlying such provision. AND THE ENTIRE LIABILITY OF POPCAP. You may not export or re-export. understandings or communications. then such provision will be interpreted. liabilities. "THE POPCAP PARTIES"). ANY REPLACEMENT WILL BE WARRANTED FOR THE REMAINDER OF THE ORIGINAL WARRANTY PERIOD OR THIRTY (30) DAYS. Venue for any action hereunder shall lie exclusively in the state and federal courts located in King County. ARE HEREBY EXPRESSLY DISCLAIMED. You agree that the courts of your home country and the courts of Ireland shall have jurisdiction to hear and determine any suit. losses. ITS AFFILIATES. If a court of competent jurisdiction declares any provision of this EULA to be void or unenforceable. 9. damages. LOSS OF DATA. You understand and agree that PopCap would not be able to economically or reasonably provide the Game to you without these limitations. IF YOU PURCHASED THE GAME ON A DISC OR OTHER RECORDING MEDIUM. EXCLUSIONS. 6. The disclaimers of warranties and limitations of liability set forth above are fundamental elements of the basis of the agreement between you and PopCap. excluding its conflict of laws rules. SHALL BE THE REFUND. THEN YOU MUST MAKE ANY WARRANTY CLAIM TO THE RETAILER FROM WHICH YOU PURCHASED THE GAME BY PROVIDING A COPY OF YOUR ORIGINAL SALES RECEIPT AND ANY OTHER DETAILS REQUIRED BY THE RETAILER. INDEMNIFICATION. AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THIS EULA AND/OR YOUR USE OF THE GAME EXCEED THE AMOUNT PAID BY YOU FOR THE GAME OR TWENTY DOLLARS. You agree to comply with all United States and foreign laws related to your use of the Game. Washington USA and you hereby consent and submit to the personal jurisdiction of such courts. this EULA. 10. The Game originates in the United States and is subject to United States export laws and regulations. IN NO EVENT WILL THE POPCAP PARTIES BE LIABLE FOR ANY INDIRECT. defend and hold harmless the PopCap Parties. SECURE OR VIRUS-FREE.

com). Seattle. Inc. NOTICES.11. WA 98121 (or at an updated address posted online at www. v. The Game is made available to you by PopCap Games.1 .bjb_1. Suite 810. HOW TO CONTACT POPCAP..popcap. located at 2401 4th Ave.