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Tribes End User License Agreement


YOU SHOULD CAREFULLY READ THE FOLLOWING END USER LICENSE AGREEMENT BEFORE
INSTALLING THIS SOFTWARE PROGRAM. IF YOU DO NOT AGREE WITH THE TERMS OF THIS
AGREEMENT, YOU MAY NOT INSTALL THE SOFTWARE AND MUST IMMEDIATELY RETURN IT FOR
A REFUND FROM YOUR RETAILER OR SIERRA.

This software program, any printed materials, any on-line or electronic
documentation, and any and all copies and derivative works of such software
program and materials (the "Program") are the copyrighted work of Sierra
On-Line, Inc., its subsidiaries, licensors and/or its suppliers. All use of
the Program is governed by the terms of the End User License Agreement which
is provided below ("License Agreement"). The Program is solely for use by end
users according to the terms of the License Agreement. Any use, reproduction
or redistribution of the Program not in accordance with the terms of the
License Agreement is expressly prohibited.

END USER LICENSE AGREEMENT

1. Limited Use License. Sierra On-Line, Inc. ("Sierra") hereby grants, and by
installing the Program you thereby accept, a limited, non-exclusive license
and right to install and use one (1) copy of the Program for your personal use
on either a home or portable computer. The Program is licensed, not sold. Your
license confers no title or ownership in the Program.

2. Ownership. All title, ownership rights and intellectual property rights in
and to the Program and any and all copies thereof (including but not limited
to any titles, computer code, themes, objects, characters, character names,
stories, text, dialog, catch phrases, locations, concepts, artwork,
animations, sounds, musical compositions, audio-visual effects, methods of
operation, moral rights, any related documentation, and "applets" incorporated
into the Program) are owned by Sierra or its licensors. The Program is
protected by the copyright laws of the United States, international copyright
treaties and conventions and other laws. All rights are reserved. The Program
may contain certain licensed materials and Sierra's licensors may act to
protect their rights in the event of any violation of this Agreement.

3. Responsibilities of End User.

A. Subject to the grant of license hereinabove, you may not, in whole or in
part, copy, photocopy, reproduce, translate, reverse engineer, derive source
code from, modify, disassemble, decompile, or create derivative works based
on the Program, or remove any proprietary notices or labels on the Program
without the prior consent, in writing, of Sierra.
B. The Program is licensed to you as a single product. Its component parts
may not be separated for use on more than one computer.
C. You are entitled to use the Program for your own personal use, but you
are not entitled to:
(i) sell or transfer reproductions of the Program to other parties in any
way, nor to rent, lease or license the Program to others without the prior
written consent of Sierra.
(ii) exploit the Program or any of its parts for any commercial purpose
including, but not limited to, use at a cyber café, computer gaming center
or any other network or location-based site.;
(iii) host or provide matchmaking services for the Program or emulate or
redirect the communication protocols used by Sierra in the network feature
of the Program, through protocol emulation, tunneling, modifying or adding
components to the Program, use of a utility program or any other
techniques now known or hereafter developed, for any commercial purpose
including, but not limited to commercial network play over the Internet,
network play utilizing commercial gaming networks or as part of content
aggregation networks without the prior written consent of Sierra;
provided, however, you are permitted to host matchmaking services for the
Program for Internet play solely on a noncommercial basis (e.g., without
charge of any kind and on a noncommercial site without any associated
commercial activity, such as advertising or commercial linking or
framing). Sierra has no liability and provides no warranty concerning
Internet play performance of the Program.

D. You must back-up to another secure location, on a regular basis, any data
files concerning your use of the Program as Sierra has no liability for lost
or corrupted data.

4. Program Transfer. You may permanently transfer all of your rights under
this License Agreement, provided the recipient agrees to the terms of this
License Agreement and you agree to remove the Program and any New Materials
from your home or portable computer.

5. Termination. This License Agreement is effective until terminated. You may
terminate the License Agreement at any time by destroying the Program and any
New Materials. Sierra may, at its discretion, terminate this License Agreement
in the event that you fail to comply with the terms and conditions contained
herein. In such event, you must immediately destroy the Program and any New
Materials.

6. Export Controls. The Program may not be re-exported, downloaded or
otherwise exported into (or to a national or resident of) any country to which
the U.S. has embargoed goods, or to anyone on the U.S. Treasury Department's
list of Specially Designated Nationals or the U.S. Commerce Department's Table
of Denial Orders. By installing the Program, 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.

7. Limited Warranty. SIERRA EXPRESSLY DISCLAIMS ANY WARRANTY FOR THE PROGRAM
AND MANUAL(S). THE PROGRAM AND MANUAL(S) ARE 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. SIERRA FURTHER DISCLAIMS ALL WARRANTIES WITH REGARD TO YEAR
2000 COMPLIANCE OF THE SOFTWARE. SPECIFICALLY, SIERRA MAKES NO WARRANTIES THAT
THE PERFORMANCE OR FUNCTIONALITY OF THE PROGRAM WILL NOT BE AFFECTED BY DATES
PRIOR TO, DURING OR AFTER THE YEAR 2000, OR THAT THE PROGRAM WILL BE CAPABLE
OF CORRECTLY PROCESSING, PROVIDING, AND/OR RECEIVING DATE INFORMATION WITHIN
AND BETWEEN CENTURIES, INCLUDING THE PROPER EXCHANGE OF DATE INFORMATION
BETWEEN PRODUCTS OR APPLICATIONS. ANY WARRANTY AGAINST INFRINGEMENT THAT MAY
BE PROVIDED IN SECTION 2-312(3) OF THE UNIFORM COMMERCIAL CODE AND/OR IN ANY
OTHER COMPARABLE STATE STATUTE IS EXPRESSLY DISCLAIMED. The entire risk
arising out of use or performance of the Program remains with you, however
Sierra warrants up to and including 90 days from the date of your purchase of
the Program that the master disk on which the Program is furnished shall be
free from defects in material and workmanship. In the event that the master
disk proves to be defective during that time period, and upon presentation to
Sierra of proof of purchase of the defective Program, Sierra will at its
option 1) correct any defect, 2) provide you with a product of equal or lesser
value, or 3) refund your money.

8. Limitation of Liability. NEITHER SIERRA, ITS PARENT, SUBSIDIARIES,
AFFILIATES OR LICENSORS SHALL BE LIABLE IN ANY WAY FOR LOSS OR DAMAGE OF ANY
KIND RESULTING FROM THE USE OF THE PROGRAM INCLUDING, BUT NOT LIMITED TO, LOSS
OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, DATA LOSS, DATA
CORRUPTION OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES. Some states do
not allow the exclusion or limitation of incidental or consequential damages,
or allow limitations on how long an implied warranty lasts, so the above
limitations may not apply to you.

9. Equitable Remedies. You hereby agree that Sierra would be irreparably
damaged if the terms of this License Agreement were not specifically enforced,
and therefore you agree that Sierra shall be entitled, without bond, other
security, or proof of damages, to appropriate equitable remedies with respect
to breaches of this License Agreement, in addition to such other remedies as
Sierra may otherwise have available to it under applicable laws.

10. Miscellaneous. This License Agreement shall be deemed to have been made
and executed in the State of Washington and any dispute arising hereunder
shall be resolved in accordance with the law of the State of Washington. You
agree that any claim asserted in any legal proceeding by one of the parties
against the other shall be commenced and maintained in any state or federal
court located in the State of Washington, King County, having subject matter
jurisdiction with respect to the dispute between the parties. This License
Agreement may be amended, altered or modified only by an instrument in writing
specifying such amendment, alteration or modification, which is executed by
both parties. In the event that any provision of this License Agreement shall
be held by a court or other tribunal of competent jurisdiction to be
unenforceable, such provision will be enforced to the maximum extent
permissible and the remaining portions of this License Agreement shall remain
in full force and effect. You hereby acknowledge that you have read and
understand the foregoing License Agreement and agree that the action of
installing the Program is an acknowledgment of your agreement to be bound by
the terms and conditions of the License Agreement contained herein. You also
acknowledge and agree that this License Agreement is the complete and
exclusive statement of the agreement between Sierra and you and that the
License Agreement supersedes any prior or contemporaneous agreement, either
oral or written (including inconsistent statements in written materials and
online help accompanying the Program), and any other communications between
Sierra and you.