Torque Constructor End User License Agreement (EULA)

These license terms are an agreement between GarageGames.Com, Inc. and
you. Please read them. They apply to the software named above, which
includes the media on which you received it, if any. The terms also
apply to any GarageGames: Updates, Supplements, Internet-based
services, and support services for software, unless other terms
accompany those items. If so, those terms apply.

The use of the GarageGames Torque Constructor Software ("Software") is
governed by this license agreement ("Agreement"). You must read and
agree to this Agreement terms BEFORE installing Software to your hard
drive or using the Software in any way. If you do not agree to the
license terms, do not download, install or use the Software. It is
important that you print out a copy of this Agreement on your date of
acquisition as a record of the governing terms and conditions. Please
make copies for all those in your organization who need to be familiar
with the license terms.

BY CLICKING THE ACCEPTANCE BUTTON AND/OR INSTALLING OR USING THIS
SOFTWARE, THE INDIVIDUAL ACCESSING THE SOFTWARE ("LICENSEE") IS
CONSENTING TO BE BOUND BY AND BECOME A PARTY TO THIS AGREEMENT. IF YOU
DO NOT ACCEPT THESE TERMS, DO NOT INSTALL OR USE THIS SOFTWARE. IF YOU
COMPLY WITH THESE LICENSE TERMS, YOU HAVE THE RIGHTS BELOW:

1. LICENSE AGREEMENT.

This sets forth the entire agreement between GarageGames.Com, Inc.
("Licensor") and the Licensee relating to the use of the Software
shipped on hard media or downloadable from the Licensor website,
www.garagegames.com, or affiliates.

2. INSTALLATION, LICENSE GRANT AND USE RIGHTS.

GarageGames grants you the nontransferable, nonexclusive right to use
the Software in accordance with the terms of this Agreement.

YOU MAY: (i) load the software into RAM as well as install it on a
hard disk or other storage device, and (ii) make copies for backup
purposes.

YOU MAY NOT: modify, translate, disassemble, reverse engineer,
decompile, or create derivative works based upon the Software, with
the exception of Torque Constructor specific Editing Scripts.

When you download, purchase, or obtain this Software and any
subsequent versions, free or for pay, you will receive the full
registered version. You must register a free user account on
GarageGames.Com to be eligible to download, or otherwise own this
Software for personal or commercial use.

3. TERM.

The term of this license grant is perpetual. You may terminate this
Agreement at any time by destroying all copies of the Software in your
possession. Your license to use the Software will automatically
terminate if you breach the terms of this Agreement.

4. RESTRICTIONS.

The following restrictions apply to the use of this software:

(a) This license agreement grants the nontransferable, nonexclusive
right and license to use the Software in accordance with the terms of
this Agreement to a single individual or a single corporate or
business entity only. This license grants only a single seat license
per commercial copy, and additional copies must be obtained for each
user that will be using this software within a business or corporate
entity that it is licensed to, at the rate of one copy/seat per user.

(b) Licensee may not: (i) create any derivative works of the Software,
including translations or localizations; (ii) reverse engineer, or
otherwise attempt to derive the algorithms for the Software; (iii)
redistribute, encumber, sell, rent, lease, sub-license, or otherwise
transfer rights to the Software; or (iv) remove or alter any
trademark, logo, copyright or other proprietary notices, legends,
symbols or labels in the Software; (v) work around any technical
limitations in the Software with the sole exception of Torque
Constructor editor scripts and scripting system; (vi) make more copies
of the Software than specified in this agreement or allowed by
applicable law, despite this limitation; (vii) transfer the Software
or this agreement to any third party.

(c) Licensee may not distribute any Torque Constructor specific
scripts for profit. Licensee may distribute Torque Constructor
specific scripts, but only if they are distributed for no charge.

(d) Licensee may not create derivative products of the Software
software that is designed or intended to be used as a game making
tool, engine or art editing software.

(e) Licensee may distribute the Software freely for others to copy, as
long as it is not distributed or published for sale. Licensee may not
charge for the Software, either individually or as part of a
compilation.

5. FEES.

(a) The Torque Constructor License fee for this Software is $0.00 USD
per each developer seat using or accessing the binary executable
Software. There are no additional royalties due to GarageGames, and
Licensee does not have to show the Games or publish the Games with
GarageGames.

6. TERMINATION.

Without prejudice to any other rights, Licensor may terminate this
Agreement, without refund or compensation in any form, if Licensee
breaches any of its terms and conditions. Upon termination, Licensee
shall destroy all copies of the Software. Licensee's access to any
GarageGames private forums, support, updates, and associated programs
and access to upgrades may be pulled at GarageGames sole discretion
that Licensee is not abiding by reasonable rules and etiquette
regarding such access.

GARAGEGAMES RESERVES THE RIGHT TO TERMINATE THIS LICENSE AGREEMENT AT
ANY TIME AT GARAGEGAMES' SOLE DISCRETION.

7. DISCLAIMER OF WARRANTY.

THE SOFTWARE IS PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTY OR
GUARANTEED UPDATES OF ANY KIND, INCLUDING WITHOUT LIMITATION THE
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR
NON-INFRINGEMENT. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF
THE SOFTWARE IS THE RESPONSIBILITY OF LICENSEE. SHOULD THE SOFTWARE
PROVE DEFECTIVE IN ANY RESPECT, LICENSEE AND NOT LICENSOR OR ITS
SUPPLIERS OR RESELLERS ASSUMES THE ENTIRE COST OF ANY SERVICE AND
REPAIR. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF
THIS AGREEMENT. NO USE OF THE SOFTWARE IS AUTHORIZED HEREUNDER EXCEPT
UNDER THIS DISCLAIMER.

8. LIMITATION OF LIABILITY.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL
LICENSOR OR ITS SUPPLIERS OR RESELLERS BE LIABLE FOR ANY INDIRECT,
SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF
OR INABILITY TO USE THE SOFTWARE, INCLUDING, WITHOUT LIMITATION,
DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR
MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN
IF ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR
EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS
BASED. IN ANY CASE, LICENSOR'S ENTIRE LIABILITY UNDER ANY PROVISION OF
THIS AGREEMENT SHALL NOT EXCEED IN THE AGGREGATE THE SUM OF THE FEES
LICENSEE PAID FOR THIS LICENSE (IF ANY). SOME JURISDICTIONS DO NOT
ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL
DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT BE APPLICABLE.
LICENSOR IS NOT RESPONSIBLE FOR ANY LIABILITY ARISING OUT OF CONTENT
PROVIDED BY LICENSEE OR A THIRD PARTY THAT IS INCORPORATED WITH THE
SOFTWARE AND/OR ANY MATERIAL LINKED THROUGH SUCH CONTENT.

9. LICENSEE'S REPRESENTATIONS, WARRANTIES & INDEMNIFICATION.

Licensee shall defend, indemnify and hold harmless Licensor, its
parent, subsidiaries, affiliated companies and partners and their
respective officers, directors, employees and agents from and against
any and all liabilities, damages, costs and fees (including reasonable
attorney's fees) resulting from or relating to: (i) any third party
claims or lawsuits related to the Games and assignment of intellectual
property ownership hereunder; (ii) any third party claims or lawsuits
related to any and all obligations Licensee has undertaken to perform
hereunder; or (iii) a breach of any representations and warranties
Licensee has made hereunder. Such indemnification obligation of
Licensee is conditioned upon Licensor immediately notifying Licensee
in a writing that sets forth with specificity the claim or action to
which such indemnification obligation applies. Licensee will have the
right to control the defense of each such claim and any lawsuit or
proceeding arising there from. In no event will Licensee settle any
such claim or lawsuit or proceeding arising there from without the
prior written approval of Licensor.

10. MISCELLANEOUS.

GarageGames may amend this agreement at any time, at its sole
discretion. This Agreement shall be governed by the laws of the State
of Oregon, U.S.A., excluding its conflict of law provisions. Unless
otherwise agreed in writing, all disputes relating to this Agreement
(excepting any dispute relating to intellectual property rights) shall
be subject to final and binding arbitration in Lane County, Oregon,
with the losing party paying all costs of arbitration. This Agreement
shall not be governed by the United Nations Convention on Contracts
for the International Sale of Goods. If any provision in this
Agreement should be held illegal or unenforceable by a court having
jurisdiction, such provision shall be modified to the extent necessary
to render it enforceable without losing its intent, or severed from
this Agreement if no such modification is possible, and other
provisions of this Agreement shall remain in full force and effect. A
waiver by either party of any term or condition of this Agreement or
any breach thereof, in any one instance, shall not waive such term or
condition or any subsequent breach thereof. The provisions of this
Agreement which require or contemplate performance after the
expiration or termination of this Agreement shall be enforceable
notwithstanding said expiration or termination. Licensee may not
assign or otherwise transfer by operation of law or otherwise this
Agreement or any rights or obligations herein. This Agreement shall be
binding upon and shall inure to the benefit of the parties, their
successors and permitted assigns. Neither party shall be in default or
be liable for any delay, failure in performance (excepting the
obligation to pay) or interruption of service resulting directly or
indirectly from any cause beyond its reasonable control. The
relationship between Licensor and Licensee is that of independent
contractors and neither Licensee nor its agents shall have any
authority to bind Licensor in any way. If any dispute arises under
this Agreement, the prevailing party shall be reimbursed by the other
party for any and all legal fees and costs associated therewith.

11. LICENSEE OUTSIDE THE U.S.

If Licensee is located outside the U.S., then the provisions of this
Section shall apply. Licensee is responsible for complying with any
local laws in its jurisdiction which might impact its right to import,
export or use the Software, and Licensee represents that it has
complied with any regulations or registration procedures required by
applicable law to make this license enforceable. The language of this
Agreement is English.

11. EXPORT RESTRICTIONS.

The Software is subject to United States export laws and regulations.
You must comply with all domestic and international export laws and
regulations that apply to the Software. These laws include
restrictions on destinations, end users and end use.

13. SUPPORT SERVICES.

Because this Software is "as is," we may not provide support services for it.

14. ENTIRE AGREEMENT.

This agreement, and the terms for supplements, updates, Internet-based
services and support services that you use, are the entire agreement
for the Software and support services.

15. LEGAL EFFECT.

This agreement describes certain legal rights. You may have other
rights under the laws of your country. You may also have rights with
respect to the party from whom you acquired the Software. This
agreement does not change your rights under the laws of your country
if the laws of your country do not permit it to do so.