THE 3DO COMPANY
End-User License Agreement
Software Product: Army Men (tm): Toys in Space (tm)

IMPORTANT--PLEASE READ CAREFULLY.  This End-User License Agreement (the "EULA") is a legal agreement between The 3DO Company, a California corporation ("3DO") and you, the original consumer purchaser of the 3DO software product identified above (the "Customer"), which product includes computer software and the associated audiovisual works, and may include printed materials, and electronic or "online" documentation and/or related media (collectively, the "Software Product").  By installing and/or otherwise using the Software Product, you agree to be bound by the terms and conditions of this EULA.  If you do not agree to all of the provisions of this EULA, do not install or otherwise use the Software Product.  IF YOU ARE UNDER THE AGE OF EIGHTEEN (18), PLEASE HAVE A PARENT OR GUARDIAN READ THE ENTIRE EULA PRIOR TO INSTALLING OR OTHERWISE USING THE SOFTWARE PRODUCT.


1.	LICENSE GRANT.  3DO hereby grants Customer a non-exclusive license to use the Software Product solely in accordance with the terms and subject to the conditions of this EULA.  The Software Product incorporates various intellectual property rights, that may, include, without limitation, copyrights, trademarks, patents, trade secrets and other proprietary rights (collectively, the "Intellectual Property Rights").  While Customer owns the physical media (if any) on which the Software Product is distributed, 3DO retains all rights, title and interests in and to the computer software and other materials comprising the Software Product and all Intellectual Property Rights relating thereto.

2.	RIGHTS AND RESTRICTIONS.  The Software Product is protected by U.S. and foreign copyright laws and international copyright treaties, as well as by other such intellectual property laws and treaties.  The Software Product is licensed (and not sold) to Customer, and any and all rights not expressly granted to Customer herein are reserved by 3DO. 

	Installation.  Customer may install and use one copy of the Software Product on his/her personal computer, and, if Customer also owns a separate, portable computer, a second copy of the Software Product may be installed and used on such portable computer for the exclusive use of Customer.  Except as expressly set forth in the user manual for this 3DO Software Product, the installed copies of the Software Product that Customer is entitled to create hereunder may not be shared or otherwise used simultaneously on more than one computer.

	Reverse Engineering.  Customer shall not adapt or otherwise modify, create any derivative work, or decompile, disassemble, reverse engineer, or otherwise attempt to derive any source code from, the Software Product (or any portion thereof) except and only to the extent that, notwithstanding such limitation, said activity is expressly permitted by applicable law.

	Rental.  Customer does not have the right to publicly perform, rent, lease, loan, or sublicense the Software Product, or to otherwise provide any third party with access to and the opportunity to use the Software Product.

	Support Services.  3DO may provide Customer with support services relating to the Software Product (collectively, "Support Services").  Customer's use of any such Support Services shall be subject to 3DO's applicable policies and programs described in the end-user manual for the Software Product, in "online" documentation (if any), and in other such materials published by 3DO.  Any supplemental computer software (if any) provided by 3DO as part of its Support Services shall be considered part of the Software Product for all intents and purposes and shall be governed by the provisions of this EULA.  Any information that you disclose or provide in connection with the Support Services may be used by 3DO for its business purposes, including, but not limited to, product development and support.

	Upgrades.  3DO may from time to time, at its sole discretion, make an upgrade or other such revised version of the Software Product (an "Upgrade") available and notify Customer of the applicable terms and conditions for receiving any such Upgrade, which may require Customer to return certain components of the Software Product prior to receiving the subject Upgrade.

	Component Parts.  The Software Product is licensed for use as a single product, and the component parts of the Software Product may not be separated for use in any other application(s) or for use on more than one computer (except as otherwise expressly authorized by 3DO in writing).

	Transfer of Software Product.  Customer may permanently transfer all of his/her rights under this EULA, provided that (i) Customer transfers the entire Software Product, including any and all components thereof, (ii) Customer retains no copy or copies of the Software Product, and (iii) the transferee agrees to all of the terms and conditions of this EULA.  Customer's transfer of any Upgrade must be accompanied by transfer of all prior versions of the Software Product licensed to Customer hereunder.

3.	LIMITED WARRANTY.  3DO warrants that the media on which the Software Product is recorded will be free from defects in materials and workmanship for a period of ninety (90) days after the date of the original Customer's purchase thereof.  3DO's sole liability and obligation with respect to any breach of this limited express warranty is, at 3DO's sole option, to (i) repair or replace any such defective media, or (ii) refund the purchase price (if any) paid by Customer for the Software Product, provided Customer returns such media to 3DO (together with a copy of Customer's dated receipt regarding his/her purchase of such product) within one (1) week after the expiration of the applicable warranty period and provided that 3DO can confirm the existence of the defective condition alleged by Customer.  Customer shall be responsible for the costs of freight and insurance in returning any defective media to 3DO, and 3DO shall be responsible for the costs of shipping the repaired or replaced media back to Customer.  The foregoing limited warranty shall be inapplicable to any media that has been modified or subjected to accident, abuse, or unusual physical or electrical stress, or to any problem with the media that is unrelated to any defect in materials or workmanship.  Any repaired or replacement media will be warranted for the remainder of the original warranty period or for thirty (30) days, whichever is greater.  The limited express warranty set forth herein gives Customer certain legal rights, and Customer may also have certain other rights which vary from state to state and/or from jurisdiction to jurisdiction.

4.	NO OTHER WARRANTIES.  EXCEPT AS EXPRESSLY PROVIDED IN SECTION 3, ABOVE, THE SOFTWARE PRODUCT AND ANY UPGRADE THERETO IS/ARE PROVIDED TO CUSTOMER ON AN "AS IS" BASIS, WITHOUT WARRANTY OF ANY KIND OR NATURE.  3DO AND ITS SUPPLIERS MAKE, AND CUSTOMER RECEIVES, NO WARRANTIES OR CONDITIONS, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF ANY THIRD-PARTY RIGHTS, AND THEIR EQUIVALENTS UNDER THE LAWS OF ANY JURISDICTION, REGARDING THE SOFTWARE PRODUCT AND/OR ANY UPGRADE THERETO.

5.	LIMITATION OF LIABILITY.  TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, 3DO SHALL NOT BE LIABLE TO CUSTOMER OR ANY THIRD PARTY FOR ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR OTHER DAMAGES OF ANY KIND OR NATURE ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE PRODUCT AND/OR ANY UPGRADE THERETO, EVEN IF 3DO HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES, AND CUSTOMER HEREBY ASSUMES ALL RISKS AS TO THE QUALITY, PERFORMANCE, OPERATION OF AND/OR INABILITY TO OPERATE THE SOFTWARE PRODUCT AND/OR ANY UPGRADE THERETO.  IN NO EVENT SHALL 3DO'S LIABILITY HEREUNDER EXCEED THE PRICE WHICH CUSTOMER PAID FOR THE ITEM(S) WHICH IS/ARE THE SUBJECT OF ANY CLAIMED LIABILITY.  Some states do not allow the exclusion or limitation of incidental or consequential damages or of implied warranties, so certain of the foregoing provisions may not apply to Customer.

6.	U.S. GOVERNMENT RESTRICTED RIGHTS.  The Software Product and all Upgrades (if any) thereto are provided with restricted rights.  Use, duplication, or disclosure by the U.S. 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.  "Manufacturer", as such term is used therein, is The 3DO Company, 600 Galveston Drive, Redwood City, California, 94063, U.S.A.

7.	EXPORT LIABILITY ASSURANCES.  Customer acknowledges and agrees that the Software Product will not be exported outside the United States except as authorized and permitted by the laws and regulations of the United States.  If the Software product has been rightfully obtained by Customer outside the United States, Customer agrees that he/she will not re-export the Software Product except as permitted by the laws and regulations of the United States and the laws and regulations of the jurisdiction in which Customer obtained the Software Product.

8.	TERMINATION.  Without prejudice to any of 3DO's other rights and remedies under applicable law, 3DO may, at its sole discretion, terminate this EULA if Customer fails to comply with any of the terms or conditions of this EULA.  In the event this EULA is terminated, Customer must promptly destroy all copies of the Software Product (including all components thereof) and of each Upgrade thereto.

9.	GOVERNING LAW.  This EULA shall be governed by and construed under the laws of the State of California, excluding that body of law related to choice of laws, and of the United States of America.

10.	Entire Agreement.  This EULA constitutes the entire agreement and understanding of the parties regarding Customer's possession and use of the Software Product and the related subject matter hereof, and supersedes the provisions of any earlier end-user license agreement(s) applicable to any programs that constitute part of the Software Product.  The headings of the Sections and subsections of this EULA are for convenience of reference only and shall not be of any effect in construing the meanings of any Section or provision hereof.  If any provision of this EULA (or part thereof) is determined by any court of competent jurisdiction to be void, invalid or otherwise unenforceable, such provision (or part thereof) shall be deemed deleted from this EULA, while the remaining provisions of this EULA shall continue in full force and effect.  No failure or delay by either party in exercising any right, power or remedy under this EULA shall operate as a waiver of any such right, power or remedy.

BY CLICKING THE "YES" BUTTON WHICH APPEARS BELOW, YOU, THE CUSTOMER, ARE PROVIDING A SYMBOL OF YOUR LEGAL SIGNATURE AND ACKNOWLEDGING AND ACCEPTING ALL OF THE PROVISIONS OF THIS EULA. 

IF YOU ARE UNDER THE AGE OF EIGHTEEN (18), PLEASE HAVE A PARENT OR GUARDIAN READ THIS ENTIRE EULA PRIOR TO INSTALLING AND/OR OTHERWISE USING THE SOFTWARE PRODUCT.