VOLLEYBALL v 2.0

END-USER LICENSE AGREEMENT

IMPORTANT-READ CAREFULLY: This End-User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity), and Mercury Development, LLC ("MercDev"), as the case may be, for the software accompanying this EULA, which includes computer software and may include associated media, printed materials, and "online" or electronic documentation ("SOFTWARE"). By installing, using, and/or copying this SOFTWARE, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, you may not use the SOFTWARE.

LICENSE

1. GRANT OF LICENSE.

This EULA grants you the following rights:

a) You may install and use only one copy of the SOFTWARE at any given time.
b) You may not reproduce or distribute copies of the SOFTWARE; provided, however, you may make one backup copy of this SOFTWARE for your personal use.
c) Decompilation, and Disassembly. You may not reverse engineer, decompile, or disassemble the SOFTWARE, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
d) The SOFTWARE is licensed as a single product. Its component parts may not be separated for use on more than one computer.
e) You may transfer all of your rights under this EULA, provided the recipient expressly agrees to the terms of this EULA; and provided you delete and cease use of any copies of this SOFTWARE (including backups) in your possession.
f) Without prejudice to any other rights, Mercdev may terminate this EULA if you fail to comply with the terms and conditions herein. In such event, you must destroy all copies of the SOFTWARE (including backups) and all of its component parts.

2. COPYRIGHT.

The SOFTWARE is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. All title and copyrights in and to the SOFTWARE (including but not limited to any images, photographs, animations, video, audio, music and text incorporated into the SOFTWARE, the accompanying printed materials, and any copies of the SOFTWARE are owned by Mercdev.

3. LIMITED WARRANTY.

a) NO WARRANTIES.
Mercdev expressly disclaims any warranty for the SOFTWARE. The SOFTWARE is provided "as is" without warranty of any kind, either express or implied, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, or noninfringement. The entire risk arising out of use or performance of the SOFTWARE remains with you.

b) NO LIABILITY FOR CONSEQUENTIAL DAMAGES.
In no event shall Mercdev or its suppliers be liable for any damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the use of or inability to use the SOFTWARE even if Mercdev has been advised of the possibility of such damages. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.

c) NO LIABILITY FOR ERRORS OR OMISSION.
Mercdev expressly disclaims any liability for errors or omissions in the content of the SOFTWARE.

4. RESERVATIONS.

All rights to the SOFTWARE not expressly granted herein are reserved by Mercdev.

5. U.S. GOVERNMENT RIGHTS

If you are acquiring this SOFTWARE on behalf of any part of the United States Government, the following provisions apply. This SOFTWARE is deemed to be "commercial software" and "commercial computer software documentation" respectively, pursuant to DFAR Section 227.7202 and FAR 12.212, as applicable. Any use, modification, reproduction, release, performance, display, or disclosure of this SOFTWARE by the United States Government or any of its agencies shall be governed solely by the terms of this EULA and shall be prohibited except to the extent expressly permitted by the terms of this EULA.

6. JURISDICTION.

If you acquired this product in the United States, this EULA is governed by the laws of the State of Missouri. If this product was acquired outside the United States, then local laws may apply. You agree that neither the SOFTWARE nor the underlying information or technology (or any component thereof) may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, Sudan, North Korea, Iran, Syria or any other country to which the United States has embargoed goods; or (ii) to anyone on the United States Treasury Department's list of Specially Designated Nationals or the United States Commerce Department's Table of Denial Orders. You agree to the foregoing and represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

Copyright(c) 2001 Mercury Development, LLC