LIMITED USE SOFTWARE LICENSE AGREEMENT

This Limited Use Software License Agreement (the "Agreement") is a legal agreement between you, the end-user, and GOTOANDPLAY s.n.c.  ("GotoAndPlay"). By continuing the downloading of this Cannon Combat (the "Application") software material, which includes source code (the "Source Code"), artwork data, music and software tools (collectively, the "Software"), you are agreeing to be bound by the terms of this Agreement. If you do not agree to the terms of this Agreement, promptly destroy the Software you may have downloaded.  

GOTOANDPLAY SOFTWARE LICENSE

1. Grant of License
GotoAndPlay grants to you the right to use one (1) copy of the Software on a single computer. You have no ownership or proprietary rights in or to the Software, or the Application. For purposes of this section, "use" means loading the Software into RAM, as well as installation on a hard disk or other storage device.
The Software, together with any archive copy thereof, shall be destroyed when no longer used in accordance with this Agreement, or when the right to use the Software is terminated.
You agree that you will not utilize, in any manner, the Software in violation of any applicable law.

2. Permitted Uses
For educational purposes only, you, the end-user, may use portions of the Source Code, such as particular routines, to develop your own software, but may not duplicate the Source Code, except as noted in paragraph 4. The limited right referenced in the preceding sentence is hereinafter referred to as "Educational Use". By so exercising the Educational Use right you shall not obtain any ownership, copyright,proprietary or other interest in or to the Source Code, or any portion ofthe Source Code. You may dispose of your own software in your sole discretion.  With the exception of the Educational Use right, you may not otherwise use the Software, or an portion of the Software, which includes the Source Code, for commercial gain.

3. Prohibited Uses
Under no circumstances shall you, the end-user, be permitted, allowed or authorized to commercially exploit the Software.
Neither you nor anyone at your direction shall do any of the following acts with regard to the Software, or any portion thereof:
	- rent;
	- sell;
	- lease;
	- offer on a pay-per-play basis;
	- distribute for money or any other consideration; or
	- in any other manner and through any medium whatsoever commercially exploit or use for any commercial purpose.

Notwithstanding the foregoing prohibitions, you may commercially exploit the software you develop by exercising the Educational Use right, referenced in paragraph 2 hereinabove. 

4. Copyright
The Software and all copyrights related thereto (including all characters and other images generated by the Software or depicted in the Software) are owned by GotoAndPlay and is protected by Italian copyright laws and international treaty provisions.  
GotoAndPlay shall retain exclusive ownership and copyright in and to the Software and all portions of the Software and you shall have no ownership or other proprietary interest in such materials. 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. You agree to use your best efforts to see that any user of the Software licensed hereunder complies with this Agreement.

5. NO WARRANTIES
GOTOANDPLAY DISCLAIMS ALL WARRANTIES, BOTH EXPRESS IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE SOFTWARE. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION. GOTOANDPLAY DOES NOT WARRANT THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED, ERROR FREE OR MEET YOUR 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 GOTOANDPLAY ARE NOT AUTHORIZED TO MAKE MODIFICATIONS TO THIS WARRANTY, OR ADDITIONAL WARRANTIES ON BEHALF OF GOTOANDPLAY. 

6. Exclusive Remedies
The Software is being offered to you free of any charge.  You agree that you have no remedy against GotoAndPlay, 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, with regard to the Software. Copyright and other proprietary matters will be governed by Italian laws and international treaties.
IN ANY CASE, GOTOANDPLAY 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 GOTOANDPLAY OR ITS AGENT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY.

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 and you agree to the issuance of an injunction against you in favor of GotoAndPlay. You agree that GotoAndPlay shall not have to post bond or other security to obtain an injunction against you to prohibit you from violating GotoAndPlay's rights.

YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, THAT YOU UNDERSTAND THIS AGREEMENT, AND UNDERSTAND THAT BY CONTINUING THE DOWNLOADING OF THE SOFTWARE, YOU AGREE TO BE BOUND BY THIS AGREEMENT'S TERMS AND CONDITIONS. YOU FURTHER AGREE THAT, EXCEPT FOR WRITTEN SEPARATE AGREEMENTS BETWEEN GOTOANDPLAY 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 GOTOANDPLAY AND YOU RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.