

SOFTWARE USE LIMITATIONS AND LIMITED LICENSE

General Product License. Gunmetal (the 'Software') is intended solely for the purchaser's ('You' or 'Your') noncommercial entertainment use.   You may not decompile, reverse engineer, or disassemble the Software, except as permitted by law.  Mad Genius Software Ltd. retains all right, title and interest in the Software including all intellectual property rights embodied therein and derivatives thereof. The Software, including, without limitation, all code, data structures, characters, manuals, images, sounds, text, screens, game play, derivative works and all other elements of the Software may not be copied, resold, rented, leased, distributed (electronically or otherwise), used on pay-per-play, coin-op or other for-charge basis, or for any commercial purpose. You may not use the Software, or permit the use of the Software on more than one computer, terminal or workstation at the same time, or use the Software, or prevent use of the Software in a network, multi-user or remote access arrangement, including on-line use, except as permitted below.  This Software is not licensed for commercial export from the country of sale without written consent.  Any permissions granted herein are provided on a temporary basis and can be withdrawn by Mad Genius Software Ltd. at any time.  All rights not expressly granted are reserved. 
	Modem and Network Play.  If the Software contains modem or network play, You may play the Software via modem transmission with another person or persons directly without transmission through a third party service or indirectly through a third party service only if such service is an authorized licensee of Mad Genius.  For the purposes of this license, a third party service refers to any third party service which provides a connection between two or more users of the Software, manages, organizes, or facilitates game play, translates protocols, or otherwise provides a service which commercially exploits the Software, but does not include a third party service which merely provides a telephonic connection (and nothing more) for modem or network play.  Authorized licensee services are listed on the Mad Genius World Wide Web Site located at http://www.madgenius.com. This limited right to transmit the Software expressly excludes any transmission of the Software or any data streams thereof on a commercial basis, including, without limitation, transmitting the Software by way of a commercial service (excepting those specific commercial services licensed by Mad Genius) which translates the protocols or manages or organizes game play sessions.  If you would like information about obtaining a pay-for-play or commercial license to the Software, please contact Mad Genius Software Ltd. As listed below.
	Acceptance of License Terms.  By acquiring and retaining this Software, you assent to the terms and restrictions of this limited license.  If you do not accept the terms of this limited license, you must return the Software together with all packaging, manuals and other material contained to Mad Genius Software Ltd. to the address below, postage paid, with proof of purchase, and your purchase price will be refunded, including the cost of postage, or destroy the Software and all packaging, manuals and other material contained herein.
	GunmetalTM and Mad Genius SoftwareTM are trademarks of Mad Genius Software Ltd., GunmetalTM is Copyright 1998 by Mad Genius Software Ltd.  All rights reserved worldwide.  Any unauthorized copying, distribution or dissemination of GunmetalTM or any portion thereof will result in legal action.
	LIMITED WARRANTY: Mad Genius Software Ltd. warrants to the original consumer purchaser of the Software that the recording medium on which the software is recorded will be free from defects in material and workmanship for 90 days from the date of purchase.  If the recording medium is found defective by Mad Genius Software Ltd. within 90 days of original purchase, Mad Genius Software Ltd. agrees to replace, at no charge, any such product upon receipt of the software, postage paid, to the address below with proof of the date of purchase.  In the event that the software is no longer available, Mad Genius Software Ltd. retains the right to substitute a similar program of equal or greater value.   This warranty is limited to the recording medium containing the software as originally provided by Mad Genius Software Ltd. and is not applicable to normal wear and tear.  This warranty shall not be applicable and shall be void if the defect has arisen through the purchaser's neglect or abuse.  Any implied warranties prescribed by statute are expressly limited to the 90-day period described above.
				ADDRESS:	Mad Genius Software
					2nd Floor, 311 Water Street
					Vancouver, British Columbia
					Canada, V6B 1B8.

EXCEPT AS SET FORTH ABOVE, THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, WHETHER ORAL OR WRITTEN, EXPRESSED OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY, AND NO OTHER REPRESENTATIONS OR CLAIMS OF ANY KIND SHALL BE BINDING ON OR OBLIGATE MAD GENIUS SOFTWARE LTD.

LIMITATION ON DAMAGES: IN NO EVENT WILL MAD GENIUS SOFTWARE LTD. BE LIABLE FOR SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM POSSESSION, USE OR MALFUNCTION OF THE PROGRAM, INCLUDING DAMAGES TO PROPERTY, LOSS OF GOODWILL, COMPUTER FAILURE OR MALFUNCTION AND, TO THE EXTENT PERMITTED BY LAW, DAMAGES FOR PERSONAL INJURIES, EVEN IF MAD GENIUS SOFTWARE LTD. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. MAD GENIUS SOFTWARE LTD.'S LIABILITY SHALL NOT EXCEED THE ACTUAL PRICE PAID FOR  THE LICENSE TO USE THIS PROGRAM. SOME STATES/COUNTRIES DO NO T ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS AND/OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND/OR EXCLUSION OR LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION.


Published by Mad Genius Software Ltd. (c)1998 Mad Genius Software Ltd.	


