THIS IS A LEGAL AND BINDING AGREEMENT BETWEEN YOU, HEREAFTER REFERRED TO AS 'USER', AND XFX PUBLISHING LLC, HEREAFTER REFERRED TO AS 'XFX'. BY OPENING THIS CONTENT PACKAGE AND/OR USING THIS 3D CONTENT OR ANY RELATED INCLUDED CONTENT HEREAFTER REFERRED TO AS 'THE CONTENT' OR AUTHORISING ANY OTHER PERSON OR LEGAL ENTITY TO DO SO, YOU INDICATE YOUR FULL UNCONDITIONAL ACCEPTANCE OF ALL THE TERMS AND CONDITIONS OF THIS END USER LICENCE AGREEMENT. THIS END USER LICENCE AGREEMENT CONSTITUTES THE COMPLETE AGREEMENT BETWEEN THE USER AND XFX. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENCE AGREEMENT DO NOT OPEN THE CONTENTS OF THIS PACKAGE. IF THIS COPY OF THIS PACKAGE WAS PURCHASED INDIVIDUALLY OR AS PART OF A SET BUT NOT AS SUBSCRIPTION CONTENT OR FREE CONTENT YOU MAY RETURN THE UNOPENED PACKAGE WITH ANY AND ALL ACCOMPANYING MATERIALS TO XFX WITHIN TWENTY-EIGHT (28) DAYS FORM THE DATE OF PURCHASE. IN THE CASE OF SOFT GOODS (ELECTRONICALLY TRNSFERRED/DOWNLOADED FILES), WHETHER YOU ARE ELIGIBLE FOR A REFUND OR NOT IF YOU REFUSE TO AGREE TO THE TERMS OF THIS END USER LICENCE AGREEMENT YOU ARE REQUIRED TO DELETE ANY AND ALL ACCOMPANYING MATERIALS FROM THE COMPUTER YOU HAVE TRANSFERRED THEM TO, ANY COMPUTER YOU HAVE FURTHER TRANSFERRED THEM TO, AND ANY BACKUP MEDIA OR DEVICES YOU MAY HAVE USED. IF YOU HAVE STORED THESE FILES ON A WRITE-ONCE MEDIA (SUCH AS A WRITABLE CD-ROM) YOU MUST DESTROY THE PHYSICAL MEDIA ITSELF.

1. CONTENT LICENCE. XFX grants User, and User accepts, subject to any and all limitations and obligations of this agreement, a PERSONAL and non-exclusive Licence to use the Content, together with any additionally provided additional meterials, collectively referred to as the 'Content.'

2. TITLE AND OWNERSHIP OF INTELLECTUAL PROPERTY. Notice is given hereby that the Content contains or is entirely composed of copyrighted and/or proprietary information protected by US law and international convention. XFX retains any and all rights in and title to and ownership of the Content. The User wil perform any and all reasonable actions required to protect XFX's ownership rights to this Content. XFX provides no rights or warranties with regard to the use of any Content, objects, names, trademarks or service marks, registered or unregistered, or works of authorship depicted in the Content and the User must verify that all necessary rights and/or consent that may be required for the User's particular use of the Content are obtained from applicable third parties owning or having rights to such Content, objects, names, trademarks or service marks, registered or unregistered, or works of authorship.

3. LICENCING FEES. The User agrees to pay XFX prior to or at the same time as delivery of Content the full current purchase price at such time for the Content. If the Content is downloaded as part of a subscription plan, the User's paid subscription fees, if current, account for these fees. Any payment not made when due will accrue interest at the rate of two and one-half percent (2.5%) monthly. Additionally, User agrees to pay XFX any and all applicable tax that levied in conjunction with the purchase of this license for the Content any time at which XFX must collect or pay such taxes from or on behalf of User according to applicable statutes and ordinances, as interpreted by the departmental authority of the applicable taxing unit. Furthermore, User agrees to pay XFX any costs, expenses, and/or attorney's fees expended by XFX in collection of the purchase price or subscription fees, whether by filing a lawsuit or otherwise.

4. TERMS OF USE AND RESTRICTIONS. The Content may be copied or backed up wholly or partially for User's exclusive use. Copying of the Content to a computer, data storage device or media, or shared filesystem of any type for use by or accessible to others than the User is expressly forbidden. User expressly agrees to include XFX's copyright notice (and those of third parties, if any) and any applicable proprietary interests with and in all copies of the Content in whole or in part, including the data form, but not including any derived renders from the Content. User may use the Content on an unlimited number of computers provided that any and all such computers are for the use of and used by one specific licensor, legal entity or individual, specifcially being the User, and no other individuals or legal entities.

You may use, copy, modify and access the Content stored on such media in the creation and presentation of animations and renderings which may require runtime access to the Content and you may incorporate two dimensional images (including those that simulate three dimensions but not those that explicitly define three dimensions in a form interpolatable by living being or machine) derived from the Content in other works and sell, publish, market, distribute, sublicence and transfer such combined works provided that you do not seperately sell, publish, market, distribute, sublicence or transfer the Content itself or any part thereof, or sell, publish, market, distribute, sublicence or transfer any derived work or any other product from which the Content, any part thereof, or any substantially similar version of the Content can be exported, extracted, interpolated from or decompiled into any redistrinutable format. Subject to the foregoing defined limitations and any rights of third parties and legal limitations of the User's jurisdiction, User may copy, distribute, and.or sell renderings and animations derived from the Content. All other rights with respect tot he Content are reserved for XFX and its licencors.

5. INFRINGEMENT WARRANTY. XFX warrants to the User that to the best of its knowledge the data comprising the Content do not infringe the rights and intellectual property, including patent, copyright, trade secrets and relevant trademarks or any third party and that the data was not illegally copied or plagiarised from digital data owned by a third party. XFX does not, however, make any representation or warranty respecting potential infringement by any third party, nor does XFX provide warranty regarding any third party's rights to images or animations or other derived works that the User creates using the Content. The Content itself is not a physical object in any sense, and is rather a creative work in the form of a set of instruction on how to create an image of in machine readable form. XFX does not consider such to be a potential violation of trademark or trade dress or other intellectual property laws, provided the information contained in the Content does not directly impinge on copyrights in the form of misappropriated or derived works.

6. FURTHER RESTRICTIONS. This agreement is proof of licence for the User to exercise all privileges and rights granted herein and must be retained by the User. User will not give, rent, sell or sublicence the Content, or otherwise transfer the Content without the prior written consent of XFX. Licenses are nontransferable without prior written consent on the part of XFX. User may not reverse engineer, decompile, disassemble or create derived works from the Content except as decribed by the rights contained elsewhere in this document, or for striclty personal use, or for consideration for purchase or brokered sale by XFX itself in any form in which the original Content or a reasonably similar duplicate thereof can be retrived.

7. PROTECTION/SECURITY. User agrees to take all reasonable precautions to prevent unlicenced access to the Content and that employees of the User refrain from taking steps to reverse engineer the Content or otherwise defeat the protections in this license. User is exclusively responsible forthe selection, supervision, management and control of User's copy(s) of the Content. User agrees that the Content is the intellectual property of XFX and/or any defined third parties as described or defined in the individual Content itself.

8. UNITED STATES GOVERNMENT RESTRICTED RIGHTS. If User is acquiring the Content on behalf of any unit or agency of the United States Government, the following provision applies-- It is acknowledged that the Content and the documentation were developed at private expense and that no part is in the public domain and that the Content and documentation are provided with restricted rights. Use and duplication, Or disclosure by the Government is subject to restrictions as set forth in Subparagraph (c) (1) (II) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013, or Subparagraphs (c) (1) and (2) of the Commercial Computer Software--Restricted Rights at 48 CFR 52.227-19, as applicable. Contractor/Manufacturer is XFX Publishing LLC, 3912 SE Madison St, Portland, OR 97214.

9. PATENT and COPYRIGHT, AND TRADE SECRET INDEMNITY. User agrees to indemnify and hold harmless XFX against any and all liability resulting from or related to any claim of patent or copyright infringement and misappropriation, or misuse of trade secrets or other proprietary rights based upon the use by User of the Content, or any portion thereof and in whatever form, or the exercise by User of any rights granted under this agreement.

10. NO OTHER WARRANTIES. THE CONTENT IS PROVIDED AS-IS. XFX DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR ARISING FROM USAGE OF TRADE OR COURSE OF DEALING OR PERFORMANCE and WITH RESPECT TO THE CONTENT, AND THE ACCOMPANYING DOCUMENTATION. IN NO EVENT SHALL XFX OR ITS DEALERS, DISTRIBUTORS, OFFICERS, AGENTS, EMPLOYEES, OR SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER BASED ON CONTRACT, TORT, WARRANTY, OR OTHER LEGAL OR EQUITABLE GROUNDS, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS and BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS and ARISING OUT OF THE USE OF OR INABILITY TO USE THE CONTENT, EVEN IF XFX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES and THE ABOVE LIMITATION MAY NOT APPLY TO THE USER.

11. NO LIABILITY FOR HARDWARE. User assumes complete responsibility for all hardware used in conjunction with the Content. XFX is not responsible in any way for the non-performance or malfunction of any hardware used in conjunction with the Content, nor for any damages whatsoever arising out of the use of any hardware.

12. INDEMNIFICATION. User will defend, indemnify, and hold XFX harmless from any actions, claims and or proceedings with respect to the Content or other provisions of this agreement.

13. REMEDIES. The remedies provided herein are not exclusive, but will be cumulative and will be in addition to all other remedies provided by law and equity. No delay or omission in the exercise of any remedy herein provided or otherwise available to XFX will impair or effect XFX'S right to exercise the same. Any extension of indulgence or forbearance (which must be in writing) will not otherwise alter or affect XFX'S rights or obligations nor will such be deemed to be a waiver thereof. The parties agree that any breach of any provisions of non-disclosure, secrecy, confidentiality, copying, use and protection, and security in this agreement by User will cause immediate and irreparable damage and injury to XFX. Each of the parties confirms that damages at law may be an inadequate remedy for breach or threatened breach of any such provisions. The parties agree that in such event XFX will be entitled by right to an injunction restraining the User from violating any of said provisions. User hereby acknowledges that XFX has disclosed or will disclose to User valuable proprietary data which are new and unique and give XFX a competitive advantage in the marketplace, that XFX intends to use such information to expand its business throughout the world, and that a violation of any of the provisions of this agreement is material and important and XFX will, in addition to all other rights and remedies available herein and at law or otherwise, be entitled to a temporary restraining order and an injunction to be issued by any court of competent jurisdiction enjoining and restraining User from committing any violation of said provisions, and User will consent to the issuance of such Injunction. User acknowledges that the remedies provided for in this agreement are not injurious to nor violative of any public interest or policy and will not create a hardship greater than is necessary to protect the interest of XFX.

14. GENERAL PROVISIONS.

A. Costs and Expenses of Enforcement. In the event of the failure of either party hereto to comply with any provisions of this agreement, the defaulting party will pay any and all costs and expenses and including reasonable attorneys' fees arising out of or resulting from such default (including any incurred in connection with any appeal), incurred by the injured party in enforcing its rights and remedies and whether such right or remedy is pursued by filing a lawsuit or otherwise.

B. Governing Law, Jurisdiction, and Venue. This agreement is governed by the laws of the State of Oregon. Jurisdiction and venue for the enforcement of this agreement will be found exclusively in the courts within Multnomah County and State of Oregon.

C. Further Information. Should you have any questions concerning any of the provisions of this agreement, or if you desire to contact XFX and please write: XFX Publishing LLC., 3912 SE Madison St., Portland, OR 97214. If you need technical support for a XFX product please report your issue online at http://www.xfx-3d.com/support/support.mp

D. Trademark and Copyright. All XFX product names are trademarks or registered trademarks of XFX Publishing LLC. All other brand and product names are trademark or registered trademark of their respective holders.

XFX Publishing LLC., 2005.