YOU MUST BE AT LEAST 18 OR HAVE THE APPROVAL OF A PARENT OR LEGAL GUARDIAN TO ACCEPT THIS LICENSE KALI LICENSE AGREEMENT 1. Definitions. The following definitions apply to the terms as they appear in this License: "Kali" means Kali, Inc. "The Program" ("Program") means the computer programs and documentation included in the file(s) or package. "Kali System" means the combination of client, server and central tracker software that comprises the Kali network gaming system. "Demo Mode" means a version of the Program in which a time limit has been imposed. "Full Functionality Mode" means a version of The Program in which all functions operate with no time limit. 2. Terms of License. The Program is licensed by Kali to you subject to the terms of this Agreement. Kali grants you a nonexclusive license to: Load the Program onto your computer's storage device from the media provided. Obtain from Kali serial numbers to enable the purchased portion of the Program to run in Full Functionality Mode. Allow others to run Program in Demo Mode, unless or until requested by Kali not to do so. Obtain from Kali free email support for a period of 30 days following issuance of your serial numbers. You are responsible for obtaining your own Internet access and any related long distance charges (if any). Once serial numbers have been obtained from Kali, the license to run the Program in Full Functionality Mode may be assigned to an individual or a computer, i.e, a single individual may use the Program in several locations, or several persons may sequentially run the Program on the same computer. 3. Copyright and Other Restrictions The Program is owned by Kali and is protected by the United States copyright laws and international treaty provisions. Kali retains all rights not expressly granted. None of the components of the Program (including the documentation) may be copied, removed or altered, in whole or part, for any unauthorized use. 4. Rules of the Kali System. To ensure an enjoyable experience for as many people as possible, you agree to comply with generally accepted standards of proper online behavior. Kali reserves the right to determine, in its sole discretion, what constitutes generally accepted standards of online behavior and may, without notice and at any time, suspend or terminate your access to the Kali System. See the Kali Player Guidelines at http://www.kali.net/js/software/guide.html for more details. You may not engage in conduct or communication while using the Kali System which is unlawful or which restricts or inhibits any other user from using or enjoying the Kali System. You agree to use the Kali System only for lawful purposes. Set forth below are some common examples of impermissible conduct. This list is not exhaustive. Kali reserves the right, but does not assume the responsibility, to restrict conduct which Kali deems in its discretion to be harmful to individual users, damaging to the communities which use the Kali System, or in violation of Kali's or any third party's rights. You acknowledge, however, that communication over the Kali System and the Internet often occurs in real-time and Kali cannot, and does not intend to, screen communication in advance. 5. Agreement. This Agreement comprise the entire agreement between Kali and you, and supersedes any prior agreements between you and Kali with respect to the subject matter hereof or thereof. However, you are subject to any additional terms and conditions of which you are notified and/or which may apply when using third party content, software or Kali System. Kali may revise this Agreement at any time, and such revision shall be effective thirty (30) days after posting of the revised Agreement at the Kali website on page http://www.kali.net./js/register/enduser.html. You agree to review the Agreement periodically to become aware of such revisions. If any such revision is unacceptable to you, you may terminate this license as provided below. Your continued use of the Kali System following posting of the revised Agreement on the Web Site shall be conclusively deemed to be acceptance of all such revisions. The term "User" in this Agreement refers to any person or entity, including you, that has entered into this Agreement with Kali. 6. User Information. (a) Serial numbers and Registration Codes. Upon your registration of the Program, you will be issued a serial number and registration codes that will allow operation of the Program in Full Functionality Mode. You are responsible for maintaining the confidentiality of your registration codes and are liable for any harm resulting from disclosing or allowing disclosure of any registration codes or from use by any person of your registration codes to gain access to the Kali System. At no time should you respond to an online request for your registration codes or files containing the registration codes. (b) User Names. Upon your registration of the Program, you must choose one or more User names to identify yourself to other Users. You may not select or use a User name already in use, or a name which violates any third party's trademark right, copyright, or other proprietary right, or which Kali deems in its discretion to be vulgar or otherwise offensive. Kali reserves the right to delete any vulgar or otherwise offensive User name, or to require deletion thereof. (c) Former Users. Users whose accounts have been terminated by Kali may not access the Kali System in any manner or for any reason without the express written permission of Kali. Active Users may not knowingly allow former Users who have been terminated to use the active Users' accounts. 7. Disclaimer of Warranty. To the maximum extent allowed by law, Kali, its licensees and subcontractors do not warrant any connection to, transmission over, nor results or use of, any network connection or facilities provided (or failed to be provided) through the Kali System. User is responsible for assessing its own computer and transmission network needs, and the results to be obtained therefrom. YOU EXPRESSLY AGREE THAT USE OF THE PROGRAM, ALL SOFTWARE DISTRIBUTED BY KALI, AND THE INTERNET ARE AT YOUR SOLE RISK. THE PROGRAM AND ALL SOFTWARE DISTRIBUTED BY KALI ARE PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. KALI DISCLAIMS ALL WARRANTIES OR CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIESOR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, AND THOSE ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE, WITH RESPECT TO THE KALI SYSTEM, ALL SOFTWARE DISTRIBUTED BY KALI, AND THE INTERNET. KALI ASSUMES NO RESPONSIBILITY FOR ANY DAMAGES SUFFERED BY THE USER, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA FROM DELAYS, NONDELIVERIES, ERRORS, SYSTEM DOWN TIME, MISDELIVERIES OR SERVICE INTERRUPTIONS CAUSED BY THE NEGLIGENCE OF KALI, ITS LICENSORS AND SUBCONTRACTORS, OR USER'S OWN ERRORS AND/OR OMISSIONS. 8. Limitation of Liability. YOU ACKNOWLEDGE THAT KALI SHALL NOT ASSUME OR HAVE ANY LIABILITY FOR ANY ACTION BY KALI OR ITS OTHER LICENSEES WITH RESPECT TO CONDUCT, COMMUNICATION OR CONTENT ON THE KALI SYSTEM. KALI SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES OR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) IN CONNECTION WITH THE KALI SYSTEM OR WITH ANY OTHER PRODUCT OR SERVICE PROVIDED BY KALI. KALI'S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO USE OF THE KALI SYSTEM AND ALL SOFTWARE DISTRIBUTED BY KALI SHALL BE THE REPLACEMENT OF ANY SOFTWAREDEVELOPED BY OR FOR KALI WHICH IS FOUND TO BE DEFECTIVE, USING MEDIA CHOSEN BY KALI. KALI'S LIABILITY TO YOU FOR BREACH OF THIS AGREEMENT IS LIMITED SOLELY TO THE REGISTRATION FEE PAID BY YOU TO REGISTER THE PROGRAM AND ACCESS THE KALI SYSTEM. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN DAMAGES, IN SUCH STATES KALI'S LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW. 9. Indemnification. Upon request of Kali, you agree to defend, indemnify and hold harmless Kali, its affiliated companies, licensees, and distributors from all liabilities, claims and expenses, including attorneys' fees, arising from breach of this Agreement by use of, or in connection with, the transmission by or through your User access of any Content on the Kali System. Kali reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you hereunder, and in such event, you shall have no further obligation to provide indemnification for such matter. 10. Termination. Either you or Kali may terminate this Agreement at any time. Your only right with respect to any dissatisfaction with any Agreement term, or policy or practice of Kali in operating the Kali System or change therein is to terminate this Agreement by notifying Kali Support Staff of your desire to terminate and confirming such request in writing or electronically if requested. Your notice of termination will be effective upon receipt by Kali, or upon receipt of confirmation if confirmation is requested. 11. Third Party Products and Kali System. Kali does not endorse, warrant or guarantee any product or service offered through the Kali System by any third party, will not be a party to or in any way monitor any transaction between you and third- party providers of products and will not bear any responsibility for their products, policies or actions. 12. U.S. Government Restricted Rights The Program and all accompanying written materials are provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the Government is subject to restrictions as set forth in Restricted Rights in Technical Data and Computer Software Clause at FAR 52.227-7013©(1)(ii) or FAR 52.227-19. 13. General Provisions. You may not use, copy, modify, sublicense, rent, sell, assign or transfer the license granted pursuant to this Agreement except as expressly provided in this Agreement. Any assignment in violation of this Agreement is void. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable, and such decision shall not affect the enforceability; (i) of such provision under other circumstances, or (ii) of the remaining provisions hereof under all circumstances. The paragraph headings contained in this Agreement are for the purposes of convenience only and are not intended to define or limit the contents of said paragraphs. Kali and you are independent contractors under this Agreement. Kali's failure to enforce at any time any of the provisions of this Agreement shall in no way be construed to be a present or future waiver of such provisions, nor in any way affect the right of any party to enforce each and every such provision thereafter. The express waiver by Kali of any provision, condition or requirement of this Agreement shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement. Notwithstanding anything else in this Agreement, no default, delay or failure to perform on the part of Kali shall be considered a breach of this Agreement if such default, delay or failure to perform is shown to be due to causes beyond the reasonable control of Kali. If you acquired this product in the United States, this Agreement is governed by the laws of the State of Georgia (except for conflict of law provisions). The application the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded. You acknowledge that you have read this Agreement, understand it, and agree to be bound by its terms and conditions. This Agreement represents the complete and exclusive statement of the agreements concerning the Program and supersedes all prior agreements between the parties. It may be amended only by a writing executed by both parties.