STAR TREK BRIDGE COMMANDER SDK LICENSING AGREEMENT
PROGRAM UTILITIES. These files contain certain design, programming and processing utilities, tools, assets and other resources for use with the Star Trek: Bridge Commander game that allow you to customize or create new missions, environments and other related game materials for personal use in Star Trek: Bridge Commander. Activision does not provide technical support for these tools  or the New Game Materials created by using these tools. All use of such materials is at your own risk. The use of these tools shall be subject to Software License Agreement contained within the Star Trek: Bridge Commander manual, as amended by the following additional license terms and restrictions: 
* You agree that, as a condition to your using these tools, you will not use or allow third parties to use the tools and the New Game Material created by you for any commercial purposes, including but not limited to selling, renting, leasing, licensing, distributing, or otherwise transferring the ownership of such New Game Materials, whether on a stand alone basis or packaged in combination with the New Game Materials created by others, through any and all distribution channels, including, without limitation, retail sales and on-line electronic distribution. You agree not to solicit, initiate or encourage any proposal or offer from any person or entity to create any New Game Materials for commercial distribution. You agree to promptly inform Activision in writing of any instances of your receipt of any such proposal or offer.

* If you decide to make available the use of the New Game Materials created by you to other gamers, you agree to do so solely without charge.

* New Game Materials shall not contain modifications to any COM, EXE or DLL files or to any other executable Product files.

* New Game Materials may be created only if such New Game Materials can be used exclusively in combination with the retail version of the Program. New Game Materials may not be designed to be used as a stand-alone product.

* New Game Materials must not contain any illegal, obscene or defamatory materials, materials that infringe rights of privacy and publicity of third parties or (without appropriate irrevocable licenses granted specifically for that purpose) any trademarks, copyright-protected works or other properties of third parties.

* All New Game Materials must contain prominent identification at least in any on-line description and with reasonable duration on the opening screen: (a) the name and E-mail address of the New Game Materials creator(s) and (b) the words "THIS MATERIAL IS NOT MADE OR SUPPORTED BY ACTIVISION." 
LIMITATION ON DAMAGES.  IN NO EVENT WILL ACTIVISION BE LIABLE FOR SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM POSSESSION, USE OR MALFUNCTION OF THE PROGRAM OR PROGRAM UTILITIES, INCLUDING DAMAGES TO PROPERTY, LOSS OF GOODWILL, COMPUTER FAILURE OR MALFUNCTION AND, TO THE EXTENT PERMITTED BY LAW, DAMAGES FOR PERSONAL INJURIES, EVEN IF ACTIVISION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 
TERMINATION. Without prejudice to any other rights of Activision, this Agreement will terminate automatically if you fail to comply with its terms and conditions. In such event, you must destroy all copies of the Program Utilities and all of its component parts. 
INJUNCTION. Because Activision would be irreparably damaged if the terms of this Agreement were not specifically enforced, you agree that Activision shall be entitled, without bond, other security or proof of damages, to appropriate equitable remedies with respect to breaches of this Agreement, in addition to such other remedies as Activision may otherwise have under applicable laws. 
INDEMNITY.  You agree to indemnify, defend and hold Activision, its partners, licensors, affiliates, contractors, officers, directors, employees and agents harmless from all damages, losses and expenses arising directly or indirectly from your acts and omissions to act in using the Product pursuant to the terms of this Agreement 
MISCELLANEOUS. This Agreement represents the complete agreement concerning this license between the parties and supersedes all prior agreements and representations between them. It may be amended only by a writing executed by both parties. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable and the remaining provisions of this Agreement shall not be affected. This Agreement shall be construed under California law as such law is applied to agreements between California residents entered into and to be performed within California, except as governed by federal law and you consent to the exclusive jurisdiction of the state and federal courts in Los Angeles, California. 
The program utilities that are the subject matter of this license contain software used under license including: MAXImmerse  (c) 2002 Numerical Design, Ltd. All rights reserved. 
If you have any questions concerning this license, you may contact Activision at 3100 Ocean Park Boulevard, Santa Monica, California 90405, USA, (310) 255-2000, Attn. Business and Legal Affairs, legal@activision.com.