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Chicken Invaders 4 Xmas Copyright 2011 Betacom Distributed by ArcadeTown ArcadeTown End-User Software License Agreement Please read

d this agreement ("Agreement") carefully before proceeding. This Agree ment licenses software to you from Demand Media and contains warranty and liabil ity disclaimers. By selecting the "I Accept" button or otherwise installing or u sing the Software, you are confirming that you have read and understand this Agr eement, and agree to be bound by the terms of this Agreement, which supplement D emand Media s terms of service. If you do not agree with the terms of this Agreeme nt, you should exit this page without selecting the "I Accept" button or using t he Software. 1. Definitions "Software" means the game provided by Demand Media (including any and all photog raphic and other content contained therein or provided in association therewith) and all related updates. 2. License This Agreement allows you, subject to the below restrictions, to: (a) use the So ftware for your own non-commercial, personal enjoyment on a single computer for its intended purposes; (b) make one copy of the Software in machine-readable for m solely for backup purposes if it is intended for download as opposed to online use only; and (c) use the photographs and other content included with the Softw are as part of and with the Software. You must reproduce on any such copy all co pyright notices and any other proprietary legends found on the original. All ri ghts not expressly granted are reserved. 3. Restrictions (a) You may not make or distribute copies of the Software, or electronically transfer the Software from one computer to another or over a network. You may n ot extract or otherwise use any image apart from the Software as it is included therein. You may not decompile, reverse engineer, disassemble, or otherwise redu ce the Software to a human-perceivable form. You may not modify, sell, rent, tra nsfer, resell for profit, distribute or create derivative works based upon the S oftware, or any part thereof. You may not export or reexport, directly or indire ctly, the Software into any country prohibited by the United States Export Admin istration Act and the regulations thereunder. (b) You may not use the Software to: (i) save on any media, transmit, distri bute, publish or display (other than on the single computer where the Software i s resident); (ii) create derivative works; (iii) infringe upon or violate the in tellectual property, privacy, publicity or other rights of third parties, includ ing without limitation the rights of any third parties in any photographs, artwo rk, literary creations and/or other copyrightable works of any kind or nature; o r (iv) engage in any defamatory or slanderous conduct. All use of the Software shall be for your personal, non-commercial enjoyment. You hereby agree to defend , indemnify and hold harmless Demand Media and its parents, subsidiaries, affili ates, successors, licensees, agents, attorneys, heirs and assigns, and the offic ers, directors and employees of the foregoing, from and against any and all thir d-party claims, liabilities, costs and expenses (including attorneys' and accoun tants' fees reasonably incurred) in connection with any breach or alleged breach by you of any covenant, representation or other provision of this Agreement, or any of your obligations hereunder. 4. Ownership The foregoing license gives you limited rights to use the Software. You do not b ecome the owner of, and Demand Media and its partners retain title to, the Softw

are and all copies thereof. 5. Disclaimer of Warranties and of Technical Support THE SOFTWARE IS PROVIDED TO YOU FREE OF CHARGE, AND ON AN "AS IS" BASIS, WITHOUT ANY TECHNICAL SUPPORT OR WARRANTY OF ANY KIND INCLUDING, WITHOUT LIMITATION, A WARRANTY OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE NON-INFRINGEMEN T. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EX CLUSION MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS WHICH VARY FR OM STATE TO STATE. Your sole and exclusive remedy in the event the Software fail s to function, or in the event of any other breach of this agreement by Demand M edia, is to terminate this agreement and cease all use of the Software. 6. Limitation of Damages (a) NEITHER Demand Media NOR ITS AFFILIATES OR SUPPLIERS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR LOSS (INCLUDI NG DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE , EVEN IF Demand Media OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILI TY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIAB ILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION OR EXCLUSION M AY NOT APPLY TO YOU. (b) The warranty disclaimer, exclusive remedies and limitation of liability set forth in this Agreement are fundamental elements of the basis of the bargain bet ween Demand Media and you. You agree that Demand Media would not be able to prov ide the Software on an economic basis without such limitations. 7. Government End Users (USA only) RESTRICTED RIGHTS LEGEND The Software is "Restricted Computer Software." Use, du plication, or disclosure by the U.S. Government is subject to restrictions as se t forth in this agreement and as provided in DFARS 227.7202-1(a) and 227.7202-3( a) (1995), DFARS 252.227-7013 (OCT 1988), FAR 12.212(a)(1995), FAR 52.227-19, or FAR 52.227-14, as applicable. Copyright 2011 Betacom