3Dfx Interactive, Inc. LICENSE AGREEMENT IMPORTANT: By loading this software, you agree to the terms of this agreement. Do not load this software until you have carefully read and agreed to the following terms and conditions. If you do not agree to the terms of this agreement, promptly return the package. LICENSE: 3Dfx Interactive, Inc. grants you the right to copy the software and materials on the enclosed CD-ROM disc onto a single computer for your internal use. You will not use, copy, modify, sell or transfer any part of the CD-ROM except as provided in this Agreement. Other rights may be granted to you in writing or incorporated elsewhere in the Materials. RESTRICTIONS: Except as specifically permitted in writing, you may not: 1. Copy the Materials except as provided in this Agreement or elsewhere by 3Dfx Interactive, lnc. 2. Sublicense or permit simultaneous use of the Materials by more than one user. 3. Reverse engineer, decompile, or disassemble the software. 4. Use the materials for developing game titles, software products, or demo software for any platform except for 3Dfx Interactive products. OWNERSHIP AND COPYRIGHT OF MATERIALS: Title to the Materials and all copies thereof remain with 3Dfx Interactive, Inc. The Materials are copyrighted and are protected by United States copyright laws and international treaty provisions. You will not remove the copyright notice from the Materials. You agree to prevent any unauthorized copying of the Materials. Except as expressly provided herein, 3Dfx Interactive, Inc. does not grant any express or implied right to you under 3Dfx Interactive, Inc. patents, copyrights, trademarks, or trade secret information. LIMITATION OF LIABILITY: THE MATERIALS ARE PROVIDED "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT OF THIRD-PARTY INTELLECTUAL PROPERTY, OR FITNESS FOR ANY PARTICULAR PURPOSE. IN NO EVENT SHALL 3Dfx Interactive, Inc. BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION) ARISING OUT OF THE USE OF OR INABILITY TO USE THE MATERIALS, EVEN IF 3Dfx Interactive, Inc. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. U.S. GOVERNMENT RESTRICTED RIGHTS: The Materials and documentation are provided with "RESTRICTED RIGHTS." Use, duplication, or disclosure by the Government is subject to restrictions as set forth in FAR52.227-14 and DFAR252.227-7013 et seq. or its successor. Use of the Materials by the Government constitutes acknowledgment of 3Dfx Interactive, Inc. proprietary rights in them. APPLICABLE LAWS: This Agreement is governed by the laws of the State of California and the U.S.A. You may not export the Materials in violation of U.S.A. export laws and regulations. CONFIDENTIALITY: in addition to the protections afforded by applicable copyright law, 3Dfx Interactive deems the software to its confidential information for t he purposes of 3Dfx Interactive's mutual non-disclosure agreement, 3Dfx Interactive's terms and conditions applicable to your participation in the Total Immersion Program or other non-disclosure or confidentiality agreement, whichever is in force and applicable to you. 4/96 SDK