Plasmacore "Non-commercial" End User License Agreement (EULA) The Plasmacore Non-commercial license is for use by companies, organizations, or individuals ("Licensee") who are creating games or other software ("Products") in a non-commercial capacity using the Plasmacore game framework. An entity offering any Plasmacore-based product commercially must instead operate under the terms of the "Commercial" license agreement. This license sets forth the entire agreement between Abe Pralle (DBA Plasmaworks) ("Licensor") and the Licensee relating to the use of Plasmacore. BY MAKING A PLASMACORE-BASED PRODUCT AVAILABLE COMMERCIALLY, THE LICENSEE IS CONSENTING TO BE BOUND BY AND BECOME A PARTY TO THE "COMMERCIAL" LICENSE AGREEMENT RATHER THAN THIS "NON-COMMERCIAL" LICENSE AGREEMENT. 1. LICENSE GRANT. Licensor grants Licensee a limited non-exclusive license to use Plasmacore for the purposes of making source code and object code for an unlimited number of electronic single or multi-user Products. (a) Licensee may release, distribute, and transmit any Products created hereunder in a non-commercial fashion. Members of the general public must be able to freely obtain them through normal channels without any additional fees or requirements imposed. (b) No royalties are owed to the Licensor. (c) Licensee does not need to obtain any permissions or approvals from Licensor to release, transmit, or otherwise distribute Products. (d) Licensee is not required to display branding or make acknowledgments in Products that relates to the licensing or use of Plasmacore. 2. FEE. There is no fee for the Non-commercial license. 3. RESTRICTIONS. The following restrictions apply to the use of Plasmacore: (a) Licensee may not: (i) create any derivative works of Plasmacore, including translations or localizations, other than the Products; (ii) reverse engineer, or otherwise attempt to derive the algorithms for Plasmacore (iii) redistribute, encumber, sell, rent, lease, sub-license, or otherwise transfer rights to Plasmacore. (b) Licensee is not granted source code access or rights to modify the Plasmacore "native layer" that comes pre-compiled with the standard Plasmacore distribution. Such rights may be granted through a special arrangement with Licensor. 4. AMENDMENT AND TERMINATION. Licensor may amend this agreement at any time, at its sole discretion, for a specific Licensee only with written agreement by both parties. Without prejudice to any other rights, Licensor may terminate this Agreement if Licensee breaches any of its terms and conditions. Upon termination, Licensee shall halt the distribution of Products built using Plasmacore. 5. 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.