LICENSE. The Software accompanying this License is licensed to you by StarROMs, Inc (StarROMs), on behalf of Atari, Inc. (Atari). This License allows you to use the Software on a single personal computer for non-commercial entertainment purposes only, and to keep additional copies of the Software in machine-readable form for backup purposes only. StarROMs shall furnish the Software to you electronically or on media in machine-readable object code form. This license does not grant you any right to any enhancement or update to the Software. RESTRICTIONS. You may not copy the Software, except for backup or archival purposes. Any such copy made by you shall be subject to this Agreement. You may not lend, rent, lease or otherwise transfer the Software. Furthermore, under no circumstances may you allow other users to copy the Software, nor may you place the Software on the Internet or any network accessible computer in such a way that allows other users to access and copy the Software. The Software is protected by the copyright laws of the United States and international copyright treaties. You acknowledge that the Software in source code form remains a confidential trade secret of Atari and/or its suppliers and therefore you agree not to attempt to decipher, decompile, disassemble or reverse engineer the Software or allow others to do so, except to the extent applicable laws specifically prohibit such restriction. You further agree not to modify or create derivative works of the Software. TITLE. Title, ownership rights, and intellectual property rights in and to the Software shall remain in Atari and/or its suppliers. This Agreement does not include the right to sublicense the Software and is personal to you and therefore may not be assigned (by operation of law or otherwise) or transferred. TERMINATION. If you violate this agreement this license shall immediately terminate. EXPORT CONTROLS. You may not download or otherwise export or re-export the Software or any underlying information or technology except in full compliance with all United States and other applicable laws and regulations. In particular, but without limitation, none of the Software or underlying information or technology may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, North Korea, Libya, Iraq, Iran, Sudan or any other country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the Software, you are agreeing to the foregoing and you are representing and warranting that you are not located in, under the control of, or a national or resident of any such country or on any such list. DISCLAIMER OF WARRANTY. You expressly acknowledge and agree that use of the Software is at your sole risk. The Software and related documentation are provided on an "AS IS" basis, without warranty of any kind, including without limitation the warranties of merchantability, fitness for a particular purpose and non-infringement. The entire risk as to the quality and performance of the Software is borne by you. Should the Software prove defective, you assume the entire cost of any service and repair. This disclaimer of warranty constitutes an essential part of the agreement. SOME STATES DO NOT ALLOW EXCLUSIONS OF AN IMPLIED WARRANTY, SO THIS DISCLAIMER MAY NOT APPLY TO YOU AND YOU MAY HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE OR BY JURISDICTION. LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL STAROMS, ATARI, OR ITS SUPPLIERS OR RESELLERS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES. IN NO EVENT WILL STARROMS OR ATARI BE LIABLE FOR ANY DAMAGES IN EXCESS OF STAROMS LIST PRICE FOR A LICENSE TO THE SOFTWARE, EVEN IF STARROMS OR ATARI SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION. FURTHERMORE, SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU. COMPLETE AGREEMENT. This Agreement represents the complete and exclusive statement of the agreements concerning this license between the parties and supersedes all prior agreements and representations between them. STARROMS AGREES TO FURNISH THE SOFTWARE ONLY UPON ACCEPTANCE OF THESE TERMS. CONTROLLING LAW AND SEVERABILITY 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. Headings shall not be considered in interpreting this Agreement. This Agreement shall be governed by and construed under Delaware law as such law applies to agreements between Delaware residents entered into and to be performed entirely within Delaware, except as governed by Federal law. This Agreement will not be governed by the United Nations Convention of Contracts for the International Sale of Goods, the application of which is hereby expressly excluded.