PLEASE READ THIS AGREEMENT CAREFULLY

END USER SOFTWARE LICENSE AGREEMENT

THIS IS A LICENSE AGREEMENT ("AGREEMENT") BETWEEN PLAYFIRST, INC. ("PLAYFIRST"),
AND YOU ("LICENSEE" OR "YOU") FOR USE OF THE ACCOMPANYING SOFTWARE AND USER DOC
UMENTATION (THE "SOFTWARE"). PLAYFIRST IS WILLING TO GRANT YOU THE LICENSE TO U
SE THE SOFTWARE ACCORDING ONLY ON THE CONDITION THAT YOU ACCEPT ALL TERMS IN THI
S AGREEMENT.
BY CLICKING ON THE "YES" OR "ACCEPT" BUTTON BELOW OR OTHERWISE COMPLETING THE IN
STALLATION PROCESS, YOU ACKNOWLEDGE THAT YOU ARE OF THE AGE OF MAJORITY AND HAVE
READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY IT. IF YOU DO NOT
AGREE TO ANY OF THE TERMS BELOW, PLAYFIRST IS UNWILLING TO LICENSE THE SOFTWARE
TO YOU, AND YOU SHOULD CLICK ON THE "NO" OR "DO NOT ACCEPT" BUTTON BELOW OR OTH
ERWISE DISCONTINUE THE INSTALLATION PROCESS. IN SUCH CASE, ANY AMOUNTS ALREADY
PAID BY YOU MAY BE REFUNDED BY PLAYFIRST (ONLY IF YOU PURCHASED THE LICENSE TO T
HE SOFTWARE DIRECTLY FROM PLAYFIRST) OR THE RETAILER FROM WHICH YOU PURCHASED TH
E SOFTWARE, SUBJECT TO THE APPLICABLE REFUND POLICY.
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 PlayFirst or its suppliers.
2. GRANT OF LICENSE. The Software is licensed and not sold to you and its use i
s subject to this Agreement. Subject to the terms and conditions of this Agreeme
nt and in consideration of Your agreement to be bound by this Agreement, PlayFir
st grants You a limited, personal, non-exclusive license to reproduce as necessa
ry to install and use the Software in the manner described in the user documenta
tion. You may also distribute copies of the time and/or feature-limited trial ve
rsions of the Software, provided you do so on a no-charge and non-commercial bas
is, if the digital rights management software included with the Software permits
this without alteration or circumvention of the Software. PlayFirst reserves al
l rights not expressly granted to You in this Agreement. You agree to pay any sa
les, use, value added, or other tax or charge imposed or assessed by any governm
ental entity. If You are required by operation of law or otherwise to deduct an
y percentage of fees due under this Agreement, the fees shall be increased to su
ch amount as may be necessary so that PlayFirst receives the full amount it woul
d have received had those fee payments been made without deduction.
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 give the Licensor prior written notice, You ret
ain no copies, You transfer all of the Software (including all component parts,
the media and printed materials and any upgrades) and the recipient reads and ac
cepts this Agreement. Any assignment in derogation of the foregoing shall be nul
l and void.
4. DIGITAL RIGHTS MANAGAMENT AND PRIVACY.
a. If the Software is enabled to provide online features, You may voluntari
ly submit information to the PlayFirst website such as Your user name, password,
high scores, medals, chat text, or content that You create or access through th
e Software ("Online Services"). You consent to the PlayFirst Privacy Policy (ht
tp://www.playfirst.com/privacypolicy.html) which provides for the collection, pr
ocessing, transmission and disclosure of all such information by PlayFirst; this
information is transmitted along with the name of the game and Your IP address
to PlayFirst servers. PlayFirst will use such information for the purposes of ma
naging and operating the PlayFirst website and providing the Online Services to
You. Your use of the Online Services is also subject to the Terms of Service (ht
tp://www.playfirst.com/tos.html), to which you hereby consent.
b. The Software may include digital rights management technologies provided
by the distributor of your copy of the Software. This digital rights managemen
t technology may be used to collect personal information from you in order to ac
tivate a game in order to prevent unauthorized use. PlayFirst has no control ov
er or liability for any third party digital rights management technology and you
should contact the retailer from whom you purchased your copy of the Software f
or their policies. Where PlayFirst's digital rights management technologies are
used, PlayFirst's collection, use, disclosure, and protection of personal infor
mation is described in PlayFirst's Privacy Policy. You expressly consent to pro
cessing of your personal information, in accordance with the Privacy Policy, in
the country in which You reside as well as in other jurisdictions, such as the U
nited States, which may have less stringent laws regarding the processing of per
sonal information. You expressly consent to PlayFirst's use of cookies, clear G
IFs, and digital rights management when you use PlayFirst's services or access t
he game, as described in the Privacy Policy. The digital rights management may
also disallow or disable access to the Software where PlayFirst has reason to be
lieve it is being used in violation of these terms or where the term of this Agr
eement has ended.
5. RESTRICTIONS. You may not delete or obscure any copyright, trademark or othe
r proprietary notice on the Software or accompanying printed materials. Except
as expressly permitted by applicable law, You may not decompile, modify, reverse
engineer, disassemble or otherwise reproduce the Software. You may not copy, re
nt, lease, sell, sublicense, distribute, publicly display the Software, create d
erivative works based on the Software or otherwise commercially exploit the Soft
ware. You may not sell, resell, or distribute unlock keys whether purchased from
an authorized distributor or generated independently. You may not evade the dig
ital rights management technology, copyright protection, access restrictions or
other authorization mechanisms for the Software. You may not electronically tra
nsmit the Software from one computer, console or other platform to another or ov
er a network. You may not circumvent any encrypted data protections or gain acce
ss to data that is not licensed. You may not use any backup or archival copy of
the Software for any purpose other than to replace the original copy in the eve
nt it's destroyed or becomes defective. If this Software allows you to purchases
licenses to upgrades and features (new levels, characters, in-game items) at th
e PlayFirst online store ("Game Items"), all such Game Items, even if licensed a
t a later date, are part of this Software and subject to this end user license a
greement. Accordingly, you may not sell or transfer the Game Items and all suc
h transfer or sale is null and void. Any unauthorized reproduction or modificat
ion, distribution, or performance of the Software including any Game Items is st
rictly prohibited.
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 PlayFirst if you fail to comply with any
provision of this Agreement. Upon notice of termination, You agree to promptly
destroy all of your copies of the Software. All provisions of this Agreement as
to warranties, limitation of liability, remedies and damages will survive termin
ation. The parties agree to waive any provisions, procedures and the operation o
f any legislation to the extent that a court order or approval is required to te
rminate this Agreement.
7. WARRANTY DISCLAIMER. The Software is provided to You "As Is" and PlayFirst a
nd its suppliers expressly disclaim all warranties and conditions, express, impl
ied or statutory, including without limitation the implied warranties or conditi
ons of merchantability, fitness for a particular purpose, and non-infringement.
No oral or written information or advice given by PlayFirst, its employees, dist
ributors, dealers, or agents shall increase the scope of the above warranties or
create any new warranties.
8. LIMITATION OF REMEDIES.
a. REGARDLESS OF WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURP
OSE OR OTHERWISE, IN NO EVENT WILL PLAYFIRST OR ITS SUPPLIERS BE LIABLE TO YOU O
R TO ANY THIRD PARTY FOR ANY LOST PROFITS, LOST DATA, INTERRUPTION OF BUSINESS,
OR OTHER SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES (WHETHER BASED I
N CONTRACT, TORT, OR STATUTE) ARISING OUT OF THE USE OR INABILITY TO USE THE SOF
TWARE OR ANY DATA SUPPLIED THEREWITH, EVEN IF PLAYFIRST HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH LOSS OR DAMAGES AND WHETHER OR NOT SUCH LOSS OR DAMAGES ARE
FORESEEABLE.
b. IN NO EVENT SHALL THE LIABILITY OF PLAYFIRST EXCEED THE AMOUNT RECEIVED BY PL
AYFIRST FROM YOU UNDER THIS AGREEMENT OR ONE U.S. DOLLAR ($1.00) IF LICENSOR IS
NOT IN RECEIPT OF ANY MONIES FROM YOU.
c. In jurisdictions that do not allow the exclusion or limitation of liability f
or consequential, special or incidental damages, PlayFirst's liability under thi
s Agreement shall be limited to the maximum extent permitted by applicable law.
Nothing in this Agreement limits PlayFirst's liability for fraudulent misrepres
entation or for death or physical injury directly caused by PlayFirst's negligen
ce.
d. PlayFirst shall have the right to obtain injunctive or administrative relief
in any court of competent jurisdiction or through any administrative authority h
aving jurisdiction over a party in the event of a breach of the terms of this Ag
reement.
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 PlayFirst or You in connection with this Agre
ement, the prevailing party in such proceeding or lawsuit shall be entitled to r
eceive its costs, expert witness fees and reasonable attorney's fees, including
costs and fees on appeal. The failure of either party to require performance by
the other party of any provision hereof shall not affect the full right to requi
re such performance at any time thereafter; nor shall the waiver by either party
of a breach of any provision hereof, unless the waiver is in writing by You or
an authorized agent of Licensor, be taken or held to be a waiver of the provisio
n itself. This Agreement is the complete and exclusive statement of the agreemen
t between PlayFirst and You which supersedes any proposal or prior agreement, or
al or written, and any other communications between the parties in relation to t
he subject matter of this Agreement. This Agreement shall not be modified excep
t by a subsequently dated written amendment or exhibit signed by both parties by
 their duly authorized representatives. You represent that You have entered int
o this Agreement of Your own free will and that You are above the age of minorit
y at the time You agree to this Agreement or that Your legal guardian consents t
o these terms on Your behalf.
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 2008 PlayFirst, Inc. All Rights Reserved.
Protected by copyright and licenses restricting use, copying, distribution and d
ecompilation. PlayFirst, Diner Dash, Diner Dash: Hometown Hero, and all related
titles, logos, and characters are trademarks of PlayFirst, Inc., or its supplie
rs in the United States and other countries.