STEEL STORM EPISODE 1 LIMITED USER SOFTWARE LICENSE AGREEMENT

This Steel Storm Episode 1 Limited Use Software License Agreement (this "Agreement") is a legal agreement among you, the end-user, and Kot-in-Action Creative Artel and Alexander V. Zubov ("Kot-in-Action"). BY CONTINUING THE DOWNLOADING PROCESS AND THE INSTALLATION OF THE FULL VERSION GAME PROGRAM ENTITLED STEEL STORM EPISODE 1 (THE "SOFTWARE"), THAT CONSIST OF THE DARKPLACES GAME ENGINE (THE "ENGINE") AND THE STEEL STORM EPISODE 1 GAME ART ASSETS (THE "ART ASSETS"), BY LOADING OR RUNNING THE SOFTWARE, OR BY PLACING OR COPYING THE SOFTWARE ONTO YOUR COMPUTER HARD DRIVE, COMPUTER RAM OR OTHER STORAGE, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS AGREEMENT.

For the purpose of this Agreement, the Art Assets include pk3 archive inside of "steelstorm/gamedata/" folder that contain two-dimensional and three-dimensional works of graphic art, photographs, prints and art reproductions, maps, charts, diagrams, models, and technical drawings, sound effects and musical arrangements, documentation and tutorial videos, and are licensed under Attribution-NonCommercial-ShareAlike 3.0 Unported license..

The Engine, which includes Windows, Linux and Mac binaries, and the Engine's source code, are licensed under GNU GPL v2 license.

The binary libraries for each respective platform, that are provided with the game, are licensed under their respective licenses.

The following terms and conditions apply to the Art Assets, and to the Engine, where it is not in conflict with the GNU GPL v2 license. When following terms and conditions, applied to the Engine, are in conflic with the GNU GPL v2 license, you shall and agree to abide by the terms and conditions of the GNU GPL v2 license.

I. Grant of License

Subject to the terms and provisions of this Agreement, subject to the terms and provisions of Attribution-NonCommercial-ShareAlike 3.0 Unported license for the Art Assets, and subject to the terms and provisions of GNU GPL v2 license for the Engine, and so long as you fully comply at all times with this Agreement, with the Attribution-NonCommercial-ShareAlike 3.0 Unported license for the Art Assets, and with the terms and provisions of GNU GPL v2 license for the Engine, Kot-in-Action grants to you the non-exclusive and limited right to use the Software, the Art Assets and the Engine. You are not receiving any ownership or proprietary right, title, or interest in or to the Software, the Art Assets and the Engine or the copyrights, trademarks, or other rights related thereto, other than those granted to you by the Attribution-NonCommercial-ShareAlike 3.0 Unported license for the Art Assets and GNU GPL v2 license for the Engine. The term "use" means loading the Software, the Art Assets and the Engine into RAM and/or onto computer hard drive, as well as installation of the Software on a hard disk or other storage device, and means the uses permitted in section II. You agree that the Software, the Art Assets and the Engine will not be downloaded, shipped, transferred, exported or re exported into any country in violation of the United States Export Administration Act (or any other law governing such matters) by you or anyone at your direction, and that you will not utilize and will not authorize anyone to utilize the Software, the Art Assets and the Engine in any other manner in violation of any applicable law. The Software, the Art Assets and the Engine shall not be downloaded or otherwise exported or re exported into (or to a national or resident of) any country to which the United States has embargoed goods, or to anyone or into any country who/that are prohibited, by applicable law, from receiving such property. In exercising your limited rights hereunder, you shall comply, at all times, with all applicable laws, regulations, ordinances, and statutes. Kot-in-Action reserves all rights not granted in this Agreement, including, without limitation, all rights to Kot-in-Action's trademarks.

II. Permitted Mods

Subject to the terms and provisions of this Agreement, subject to the terms and provisions of Attribution-NonCommercial-ShareAlike 3.0 Unported license for the Art Assets, and subject to the terms and provisions of GNU GPL v2 license for the Engine and so long as you fully comply at all times with this Agreement, Kot-in-Action grants to you the non-exclusive and limited right to create for the Software your own modifications (the "Mods") that shall operate only with the Software. You may include within the Mods certain textures and other images (the "Software Images") from the Software. You shall not create any Mods that infringe against any third-party right or that are libelous, defamatory, obscene, false, misleading, or otherwise illegal or unlawful. You agree that the Mods will not be downloaded, shipped, transferred, exported, or re exported into any country in violation of the United States Export Administration Act (or any other law governing such matters) by you or anyone at your direction, and that you will not utilize and will not authorize anyone to utilize the Mods in any other manner in violation of any applicable law. The Mods shall not be downloaded or otherwise exported or re exported into (or to a national or resident of) any country to which the United States has embargoed goods or to anyone or into any country who/that are prohibited, by applicable law, from receiving such property. You shall not rent, sell, lease, lend, offer on a pay-per-play basis, or otherwise commercially exploit or commercially distribute the Mods. You are permitted to distribute, without any cost or charge, the Mods only to other end-users so long as such distribution is not infringing against any third-party right and otherwise is not illegal or unlawful. As noted below, in the event you commit any breach of this Agreement, your license and this Agreement automatically shall terminate, without notice.

III. Prohibitions with Regard to the Software

You, whether directly or indirectly, shall not do any of the following acts:

1. rent the Software;

2. sell the Software;

3. lease or lend the Software with intent of commercial exploitation of the Software;

4. offer the Software on a pay-per-play basis;

5. in any other manner and through any medium whatsoever commercially exploit the Software or use the Software for any commercial purpose;

6. disassemble, reverse engineer, decompile, modify (except as permitted by section 2 hereinabove) or alter the Software;

7. prepare or develop derivative works based upon the Software, unless such works comply with the terms and provisions of Attribution-NonCommercial-ShareAlike 3.0 Unported license for Art Assets and the terms and provisions of GNU GPL v2 license for the Engine;

8. remove or alter any notices or other markings or legends, such as trademark or copyright notices, affixed on or within the Software or the Printed Materials; or

9. remove, alter, modify, disable, or reduce any of the anti-piracy measures contained in the Software, including, without limitation, measures relating to multiplayer play.

IV. Severability

1. If any provision or provisions of this Agreement shall be held to be invalid, illegal, unenforceable or in conflict with the law of any jurisdiction, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.

2. Invalidity or unenforceability of one or more provisions of this Agreement shall not affect any other provision of this Agreement.

V. Warranty Disclaimer

KOT-IN-ACTION DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTY OF NON-INFRINGEMENT, WITH RESPECT TO THE SOFTWARE, THE PRINTED MATERIALS, THE SOFTWARE IMAGES, AND OTHERWISE. THE SOFTWARE IS PROVIDED "AS IS" AND WITHOUT WARRANTY. KOT-IN-ACTION DOES NOT WARRANT THAT THE SOFTWARE OR THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT THE SOFTWARE WILL MEET YOUR SPECIFIC OR SPECIAL REQUIREMENTS. ADDITIONAL STATEMENTS, WHETHER ORAL OR WRITTEN, DO NOT CONSTITUTE WARRANTIES BY KOT-IN-ACTION AND SHOULD NOT BE RELIED UPON. This Section shall survive the cancellation or termination of this Agreement.

VI. Limitation of Liability

IN ANY CASE, KOT-IN-ACTION, AND IT'S RESPECTIVE OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, REPRESENTATIVES, AGENTS, LICENSEES (EXCLUDING YOU), SUB-LICENSEES (EXCLUDING YOU), SUCCESSORS, AND ASSIGNS SHALL NOT BE LIABLE FOR LOSS OF DATA, LOSS OF PROFITS, LOST SAVINGS, SPECIAL, INCIDENTAL, CONSEQUENTIAL, INDIRECT OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES ARISING FROM ANY ALLEGED CLAIM FOR BREACH OF WARRANTY, BREACH OF CONTRACT, NEGLIGENCE, STRICT PRODUCT LIABILITY, OR OTHER LEGAL THEORY EVEN IF KOT-IN-ACTION, OR THEIR RESPECTIVE AGENT(S) HAVE BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES, OR EVEN IF SUCH DAMAGES ARE FORESEEABLE, OR LIABLE FOR ANY CLAIM BY ANY OTHER PARTY.

VII. Governing Law, Venue, Indemnity

This Agreement shall be construed in accordance with and governed by the applicable laws of the State of Texas (but excluding conflicts of laws principles) and applicable United States federal law. Except as set forth below, exclusive venue for all litigation regarding this Agreement shall be in Val Verde County, Texas, and you agree to submit to the jurisdiction of the federal and state courts in Val Verde County, Texas, for any such litigation. You hereby agree to indemnify, defend and hold harmless Kot-in-Action and it's respective officers, employees, directors, agents, licensees (excluding you), sub-licensees (excluding you), successors, and assigns from and against all losses, lawsuits, damages, causes of action, and claims relating to and/or arising from the Mods or the distribution or other use of the Mods or relating to and/or arising from your breach of this Agreement. You agree that your unauthorized use of the Software Images, the Printed Materials, or the Software, or any part thereof, immediately and irreparably may damage Kot-in-Action such that Kot-in-Action could not be adequately compensated solely by a monetary award, and in such event, at Kot-in-Action's option, that Kot-in-Action shall be entitled to an injunctive order, in addition to all other available remedies, including a monetary award, to prohibit such unauthorized use without the necessity of Kot-in-Action posting bond or other security.

YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, YOU UNDERSTAND THIS AGREEMENT, AND UNDERSTAND THAT BY CONTINUING THE DOWNLOADING PROCESS, THE INSTALLATION OF THE SOFTWARE, BY LOADING OR RUNNING THE SOFTWARE, OR BY PLACING OR COPYING THE SOFTWARE ONTO YOUR COMPUTER HARD DRIVE OR RAM, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. YOU FURTHER AGREE THAT, EXCEPT FOR WRITTEN SEPARATE AGREEMENTS, IF ANY, AMONG KOT-IN-ACTION, AND YOU, THIS AGREEMENT IS A COMPLETE AND EXCLUSIVE STATEMENT OF THE RIGHTS AND LIABILITIES OF THE PARTIES HERETO, RELATING TO THE SUBJECT MATTER HEREOF. THIS AGREEMENT SUPERSEDES ALL PRIOR ORAL AGREEMENTS, PROPOSALS, OR UNDERSTANDINGS, AND ANY OTHER COMMUNICATIONS, IF ANY, AMONG KOT-IN-ACTION, AND YOU RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.