User manual GAMES PC 4X4 EVO

CONTENTS Installing the Game . . . . . . . . . . . . . . . . . . . . . . . . . 2 Uninstalling the Game . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Starting the Game . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Controls . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Menu Controls . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Game Controls. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Keyboard Controls . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Game Modes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Quick Race . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Time Attack . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 Career . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 Network . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 Options . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 Game Display. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 Replay Screen. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 Vehicle Settings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 General Tips . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 1 INSTALLING THE GAME To Install 4x4 EVO: 1. Start the Windows 95/98/2000 or NT 4.0 operating system. 2. Make sure all other applications on your computer are closed. 3. Insert the 4x4 EVO CD into your CD-ROM drive. The 4x4 EVO Installation Menu should appear. If the installation menu does not appear within one minute after inserting the CD, double click on the "My Computer" icon on the desktop. A window should open displaying all of your drives on your computer. Double click the CD-ROM icon into which you inserted the 4x4 EVO CD. A new window should appear showing all the files on the 4x4 EVO CD. Find the "setup" icon in the list and double click on it. The 4x4 EVO installation menu should appear. Follow the instructions in the installation menu to install 4x4 EVO to your hard drive. UNINSTALLING THE GAME To uninstall 4x4 EVO do the following: 1. Start the Windows 95/98/2000 or NT 4.0 operating system. 2. Go to the 4x4 EVO folder in the START>Programs menu and left click on the Uninstall 4x4 EVO Icon. STARTING THE GAME To start 4x4 EVO do the following: 1. Start the Windows 95/98/2000 or NT 4.0 operating system. 2. Make sure the 4x4 EVO CD is in your CD-Rom drive. 3. Go to the 4x4 EVO folder in the START>Programs menu and left click on the 4x4 Evolution Icon. 3 2 CONTROLS MENU CONTROLS Up/Down/Left/Right Up, Down, Left, Right Arrow keys Select. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ENTER key Cancel. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ESC key Menu Help . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1 key Switch Lists . . . . . . . . . . . . . . . . . CTRL-TAB key combination Page Up. . . . . . . . . . . . . . . . . . . . . . . . . . . . PAGE UP key Page Down . . . . . . . . . . . . . . . . . . . . . . PAGE DOWN key GAME CONTROLS Steering Left/Right . . . . . . . . . . Left Arrow, Right Arrow keys Rescue . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . H key Toggle Lights. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . L key Toggle 2WD/4WD-Hi. . . . . . . . . . . . . . . . . . . . . . . . 4 key 4WD-Low . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 key Shift Up. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . A key Shift Down. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Z key Change Viewpoint . . . . . . . . . . . . . . . . . . . . . . . . . . V key Handbrake. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E key 4 Brake. . . . . . . . . . . . . . . . . . . . . . . . . Down Arrow key Accelerator. . . . . . . . . . . . . . . . . . . . . . . Up Arrow key Escape. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ESC key KEYBOARD CONTROLS Change Camera View . . . . . . . . . . . . . . . . . . . . . V key On/Off Overlay. . . . . . . . . . . . . . . . . . . . . . . . . O key On/Off Tachometer. . . . . . . . . . . . . . . . . . . . . . . D key On/Off Map. . . . . . . . . . . . . . . . . . . . . . . . . . TAB key On/Off Finder . . . . . . . . . . . . . . . . . . . . . . . . . . F key Rescue. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . H key Handbrake. . . . . . . . . . . . . . . . . . . . . . . . . . . . . E key Toggle 4WD/2WD . . . . . . . . . . . . . . . . . . . . . . . 4 key Shift Up. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . A key Shift Down . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Z key Turn Left . . . . . . . . . . . . . . . . . . . . . . . . Left Cursor key Turn Right . . . . . . . . . . . . . . . . . . . . . . Right Cursor key Accelerator . . . . . . . . . . . . . . . . . . . . . . Up Cursor key Brake . . . . . . . . . . . . . . . . . . . . . . . . Down Cursor key Mute Sound. . . . . . . . . . . . . . . CTRL-M key combination 5 GAME MODES Race Setup Options CONTINUE: Select this option to move on to the Vehicle Setup Options screen. RANDOM: Set this option to yes to have the track, weather, and time of day randomly chosen by the system. TRACK: Use this option to select what track you would like to race on. QUICK RACE Quick Race mode allows the player to choose any track and run a race up to 20 laps. Quick Race has the following setup screens: WEATHER: Use this option to select between the four different weather modes (Clear, Foggy , Dense Fog, or Rain.) TIME OF DAY: Use this option to select between the four different time of day modes (Midday, Dusk, Night, or Pitch Black.) LAPS: Use this option to select the number of laps that the race will be run (1-20). COMPUTER DRIVERS: Use this option to select the number of AI drivers to compete against (0-7). BACK: Select this option to move back to the main Select Mode screen. 7 6 Ve h i c l e S e t u p O p t i o n s RACE: Select this option to start the race with the settings you have chosen. VEHICLE SELECT: Use this option to select what vehicle you would like to compete with. You can choose from one of the vehicles in the list or use your career truck that you have saved. Class 1 vehicles are stock, Class 2 vehicles are lightly modified, and Class 3 vehicles are heavily modified. VEHICLE SETTINGS: Use this option to select the vehicle settings screen. See the Vehicle Settings section for more information. BACK: Select this option to move back to the Race Setup options screen. collided into. While the player is driving the track trying to set their fastest time they can watch the ghost vehicle and visually tell if they are faster or slower. If the player is ahead of the ghost vehicle they are turning a faster lap time than that ghost laps time. If the player is behind the ghost vehi cle then they are turning a slower time than that ghost vehicle. Race Selection Options START A NEW HOT LAP: Select this option if you want to create a brand new hot lap. After your first lap a ghost truck will appear which is an exact copy of your fastest lap. If you go faster the ghost lap will be replaced with the faster one. T I M E A T TA C K Time Attack mode allows the player to race for the fastest time on any track. Time Attack races are done with just the player's vehi cle on the track and no AI vehicles. The player has the choice of running the Time Attack mode without a ghost truck, with the play ers ghost truck, or with someone else's ghost truck. A ghost vehi cle is a fast lap replay with a transparent vehicle that cannot be 8 RACE AGAINST AN EXISTING HOT LAP: Select this option if you would like to run against one of your old hot laps or if you would like to compete against someone else's hot lap. You will be given a list of Hot Laps on your system and you can choose which one that you would like to compete against. VIEW AN EXISTING HOT LAP: Select this option if you would like to watch one of your old hot laps or someone else's hot lap like a replay. By selecting this option you will not be racing you will only be watching the ghost trucks hot lap. 9 View Selection Options CONTINUE: Select this option to continue on to the Vehicle Selection screen. TRACK: With this option you can choose which track you would like to run your hot lap session on. LAPS: Select the number of laps in which you would like to attempt to do your hot lap (1-20). CAREER In this mode you start off with asmall amount of money and no vehicle. You must first buy a stock vehicle and then compete in races to earn more cash. With your winnings you can upgrade your vehicle with a variety of performance parts. Race Selection Options GO HOME: Home is where you can see the vehicles that you own, what races you have completed, and install/remove parts from your vehicles. GO SHOPPING: This is where you buy a new vehicle and where you can purchase parts to upgrade your vehicles performance. GO RACING: This is where you choose a race or races to compete in and earn money. 11 Ve h i c l e S e l e c t i o n O p t i o n s RACE: Select this option to start the race with the settings you have chosen. VEHICLE SELECT: Use this option to select what vehicle you would like to compete with. You can choose from one of the vehicles in the list or use your career truck that you have saved. VEHICLE SETTINGS: Use this option to select the vehicle settings screen. See the Vehicle Settings section for more information. 10 NETWORK Network mode allows you to compete online against other 4x4 EVO owners. The network mode has extensive help files built into the game. For network mode you must have a connection to the Internet. S c re e n D i s p l a y s O p t i o n s SPEED CONVERSION: Use this option to toggle between metric or English units of speed in the display. FINDER: Use this option to toggle on/off the checkpoint finder arrow. RACE INFORMATION: Use this option to toggle on/off the race information overlay. MAP: Use this option to toggle on/off the racetrack map. OPTIONS Sound Options MUTE: Select this option to turn all sound off. MAP ORIENTATION: Use this option to toggle how the map is drawn. SPEEDOMETER: Use this option to toggle on/off the speedometer. SOUND EFFECTS: Use the slider to adjust the volume of the sound effects in the game. BACKGROUND MUSIC: Use the slider to adjust the volume of the music in the game. SOUND MODE: Select this option to toggle between stereo and mono sound. OUTPUT RATE: Select this option to select the output rate of the sound. OUTPUT QUALITY: Select this option to select the output quality level of the sound. OUTPUT DEVICE: Use this option to select what hardware device is used for sound output. HARDWARE: Select this option to toggle the level of hardware use in the sound. SCENERY COMPLEXITY: Use this option to cycle through the different levels of scenery complexity. Less scenery will improve frame rate. 12 13 CONTROLLER SETUP: This is where you can setup your controller. Graphics Options VISIBLE DISTANCE: Use this option to control how far ahead the scene is drawn. Smaller view distances will improve frame rate. GAME DISPLAY GROUND SHADOWS: Toggle On/Off the drawing of ground shadows. If your video card does not have a lot of texture memory or AGP you should turn ground shadows off. VEHICLE SHADOWS: Use this option to toggle the different levels of truck shadows. If you have a slower machine you should run low or no truck shadows. TIRE TRACKS: This option toggles On/Off the drawing of tire tracks. VEHICLE DETAIL: This option can be used to set the detail to automatic or to low detail. Use low detail for better performance. TRUCK REFLECTIONS: This option toggles On/Off the drawing of reflections on the truck body. Turn this option off for better performance. SUN GLARE: This option toggles On/Off the drawing of sun glare. Turn this option to improve performance. The Game Display includes all information that is available while racing. In the upper left of the screen is the Overlay. The overlay shows such information as your current lap time, your fastest lap time, the current lap, the total number of laps, your current position, the total number of racers, and the total race time. In the upper center of the screen is the Checkpoint finder. The checkpoint finder points to the next checkpoint that you must cross. Checkpoints are directional so make sure that you drive through the side that displays the checkpoint number on the checkpoint. On the Checkpoint finder will be a number. The number corresponds to the next checkpoint that you must drive through. If the checkpoint finder arrow turns red you are headed in the wrong direction. If the checkpoint finder is green you are heading in the right direction. In the upper right of the screen is the track map. The track map shows the general course of the track as well as the vehicles racing. You can use this map to see your position relative to everyone else. In the bottom of the screen is the dash. The dash displays your tachometer (RPM), speedometer, odometer, current gear, and current four-wheel drive mode. 14 15 REPLAY SCREEN The Replay Screen allows you to watch a portion of your previous race or one that has been saved to a file. The Replay Screen has controls that are similar to a VCR. Beyond controlling the direction and speed that the replay is played in you can also change the camera angle and vehicle that the camera is focusing on. Lastly you can save a replay to a file so that you can watch it again at a later time. The diagram below describes what each icon in the replay bar does. VEHICLE SETTINGS Setting up your vehicle is important to getting the most speed out of it. On all vehicles a player can adjust the Tire Type, Transmission, and Handling Balance. In order to adjust the other options you much pur chase a certain part for each option. TIRE TYPE: The available tire types are slick, medium cut, deep cut, and studded. Each tire type is designed to provide optimum traction on certain surfaces. The slick tire has no tread pattern and is designed for pavement only. The medium cut tire has a tread pattern designed for dirt and gravel roads. The deep cut tire has very aggressive tread pattern and is designed for mud, and sandy terrain. The studded tire has a tread pattern along with metal studs. The studded tire is designed for snow and ice roads. TRANSMISSION TYPE: The two available transmission types are automatic and manual. The automatic transmission will perform shifting for 16 17 you. The manual transmission requires you to do all up and down shift ing. The manual transmission allows you to shift exactly when you want to where the automatic transmission only up or down shifts and preset rpm's. SUSPENSION: In order to enable the suspension setting your vehicle must be equipped with race springs/dampers. If your vehicle did not come equipped with race springs/dampers you can purchase them in career mode. The suspension settings allow you to adjust the relative stiffness of the spring/damper combination. A soft setting will allow your vehicle to smoothly ride over bumps and rough terrain. A stiff setting will make your vehicle bounce over bumps and rough terrain. A soft setting will make your vehicle less responsive to steering input. A stiff setting will make your vehicle more responsive to steering input. AXLE RATIO: In order to enable the axle ratio setting your vehicle must be equipped with a racing gearbox or a ring and pinion gear set. If 18 your vehicle did not come equipped with a racing gearbox or a ring and pinion gear set you can purchase one in career mode. The axle ratio setting allows you to adjust the final drive of your vehicle. By adjusting the slider to the left your vehicle will have greater acceleration but less top speed. Greater Acceleration is useful on tracks that have lots of tight and twisty corners and no straights. If you adjust the slider to the right your vehicle will have greater top speed potential but slower acceleration. Greater top speed potential is useful on tracks that have very fast corners and long straights. BRAKE BALANCE: In order to enable the brake balance setting your vehicle must be equipped with a brake proportioning valve. If your vehicle did not come equipped with a brake proportioning valve you can purchase one in career mode. The Brake Balance setting allows you to adjust how the vehicle behaves under braking. If the slider is adjusted towards the front (left side) the front brakes will get more power than the 19 rear. More front braking will cause your vehicle to be very stable under braking but very difficult to turn while braking. If the slider is adjusted towards the rear (right side) the rear brakes will get more power than the front. More rear braking will cause your vehicle to be very unstable under braking but very easy to turn while braking. TORQUE SPLIT: In order to enable the torque split setting your vehicle must be equipped with a racing transfer case. If your vehicle did not come equipped with a racing transfer case you can purchase one in career mode. The torque split setting allows you to adjust how power is distributed between the front and rear tires of your vehicle while in 4WD mode. If the slider is adjusted towards the front (left side) then the front tires will get more torque than the rear. More torque on the front tires helps steer the vehicle through the corners but can also cause your vehicle to understeer. The front tires will spin easier than the rear if they have more torque. If the slider is adjusted to the rear (right side) then the rear 20 tires will get more torque than the front. More torque on the rear tires helps the vehicle accelerate quicker. Too much torque on the rear can cause the rear tires to spin easily. HANDLING BALANCE: The handling balance slide allows you to adjust how the vehicle is balanced while cornering. If the slider is adjust towards understeer (left side) the vehicle will be easy to control but difficult to turn. If the slider is adjusted towards oversteer (right side) the vehicle will be more difficult to control but will turn very quickly. 21 GENERAL TIPS Set the handling balance as far towards oversteer as you can while still being able to turn laps without spinning out or sliding too much. If you slide too much you will loose speed and have slower lap times. Look for short cuts between check points. You will want to take the shortest path possible. Try to keep your tires on the ground. When your tires are in the air they are unable to accelerate your vehicle. Use the handbrake to drive around tight corners or obstacles. If you are driving slow up a hill first try manual transmission and down shift to a lower gear. If you are still slow try using four-wheel drive low mode. If you are spinning your tires too much do not use full throttle. Starting off in four-wheel drive low will give you extra punch off of the starting line. Don't forget to change to four-wheel drive high before you top out in your highest gear. 22 TECH SUPPORT Having a problem getting your game to run? Problems with DirectX? Sound kind of non-existent? Please check out the file readme.txt on the 4X4 EVO CD for last minute information and answers to frequently asked questions (FAQ's). Do you want to ask a specific technical question? E-mail us directly at Support@talonsoft.com. If you would prefer to talk to someone in person, you can reach our tech support staff at (410) 933-9191. Our hours of operation are Monday through Friday from 9 a.m. to 5 p.m. Eastern Time. 23 CREDITS C R E AT E D B Y T E R M I N A L R E A L I T Y PRODUCER: John O'Keefe LEAD PROGRAMMER: Allen Bogue PROGRAMMING: Matt Bogue, Chris Bream, Fletcher Dunn, Rob Minnis, Kiu Pau, Mark Randel, Nathan Rausch LEAD ARTIST: Chuck Carson ART: Andrew Billups, Mario Merino, Brian Stevens ADDITIONAL ART: Chris DeSimone, David Haber, Terry Simmons LEAD LEVEL DESIGNER: David Glasscock MUSIC: Kyle Richards SOUND EFFECTS: Paul Eckstein BIZ GUY: Brett Combs PR: Drew Haworth, Andrew Hoolan HOUSE MOM: Marilyn Webb QUALITY ASSURANCE MANAGER: Brett Evan Russell TESTING LEAD: Ally Kates INTERNAL BETA TESTERS: Patrick Doran, Ryan Gutknecht, Chris Haga, Melanie Hines, Mike Hermes, Anthony Jones, John Ohlson, Jason Sussman, Tatum Tippett, Tim Tischler 24 TESTING LEAD: Ally Kates INTERNAL BETA TESTERS: Patrick Doran, Ryan Gutknecht, Chris Haga, Melanie Hines, Mike Hermes, Anthony Jones, John Ohlson, Jason Sussman, Tatum Tippett, Tim Tischler EXTERNAL BETA TESTERS: Paul Hazelwood, Richard Sink, Rick Miller, James Hoyland, David Witmer, Scott White, David Maklar y, Mark Ward, David Wickboldt, Brandon Hann, Todd Poynter, Jim Pezold, Mason W. Lykins, Michael O'Connell, Rick Keen, Brandon Sutter, Michael R. Ortiz, KC Vale, Cris W. Morales, David G. Fisher, Mark A. Banks, James D. Profitt, Zachary Smith, Paul Willoughby, Eric Ellis, Eric Hesselgrave, Travis Robert Schanafelt, Ed VanDuser, Ray Hallmark, Brent Flournoy, Brandon Batson, John Trevor Lines, Thomas J. Van Nuland, Brian Piccolo, Chip Stephenson, Nicholas Pruyne, Eric Christenson, Larry Ritch, Andy Darrah, Ron Motto, Brett Meiggs, Bryan Lynch, Dylan Gladstone, Scott Bear, David Niemczura, Eric Felice, Gabe Ghearing, Mark Farrar, Michael Keller, Daniel Cowdery, Joshua Babcock, Ernie Hornak II, Barry Williams, Scott Harrington, Robert Martens, Jeff Hoy, Glen Townshend, Maxon Stouder, Louie De Carlo, Matt Baker, Marc S. Cohen, Guyren G. Howe, Eric Trerotola, Brett Nair, Tim Lentz, Karl Johnson, Michael L. Downing, Ricky Bonilla, Darwin Campa, Peter Sterling, Ian Dixon, Alex Richards, Frank Rizzo, Derek Brusegard, David Marden, Lance Lorton, John Combeest, Frank Tessler, Edward Wissing 25 SPECIAL THANKS TO WinCE DREAMCAST TEAM: John Smith Don Crouch Andrew Flavell SPECIAL THANKS TO SEGA: Dylan Bromley Ryan Hurth Izora De Lillard SPECIAL THANKS TO THE FOLLOWING DEALERSHIPS: Village Ford of Lewisville - Jack Martin Lewisville Mitsubishi - Randy Ferguson Park Place Lexus, Toyota of Plano - Clint Hanson Bankston Nissan of Lewisville - Joseph Turner Bledsoe Dodge of Dallas - Roy and Danny Huffines Dodge of Lewisville - Fred James Wood Auto Park - Brian Fogle and Joseph Landers SPECIAL THANKS TO: Don Tebbe Brian Millerthe & the entire Herzog Motorsports Team 4X4 EVO © 2000 Terminal Reality, Inc. All Rights Reserved. The 4X4 EVO logo is a registered trademark and service mark of Terminal Reality, Inc. All Rights Reserved. The Terminal Reality logo is a trademark of Terminal Reality, Inc. Gathering of Developers and godgames are trademarks of Gathering of Developers, Inc. Copyright 2000 Gathering of Developers I, Ltd. All Rights Reserved. Microsoft and Windows 95, Windows 98 and Windows NT are registered trademarks of Microsoft Corporation. All other trademarks and trade names are properties of their respective owners. U.S. Government Restricted Rights. All vehicle and parts prices in the game are purely fictitious and are for game purposes only. 26 Nissan emblems and designs are trademarks of Nissan Motor Co., Ltd. and are used under license. Ford, Excursion, Expedition, Explorer, Explorer Sport Trac, F150, and F250 Super Duty trademarks and vehicle trade dress used under license from Ford Motor Company. Dodge is a registered trademark of DaimlerChrysler Corporation. Dodge Ram, Dodge Dakota, and Dodge Durango vehicles and trade dress are used under license by Terminal Reality. ©2000, DaimlerChrysler Corporation.General Motors Trademarks used under license to Terminal Reality. Mitsubishi emblems and designs are trademarks of Mitsubishi Motors Corporation , and ar e used under license. Toyota emblems and designs are trademarks of Toyota Motor Corporation, and are used under license. Lexus emblems and designs are trademarks of Toyota Motor Corporation, and are used under license. The BF Goodrich®(Tires) trademark is used under license from Michelin Groupe Companies. Brembo emblems and designs are trademarks of Brembo North America and are used under license. Mechanix Wear emblems and designs are trademarks of Mechanix Wear Inc. and are used under license. King Shocks emblems and designs are trademarks of King Shocks Technology and are used under license. Eibach Springs emblems and designs are trademarks of Eibach Inc. and are used under license. VP Fuels emblems and designs are trademarks of VP Fuels/P.M.E. and are used under license. LIMITED SOFTWARE WARRANTY AND LICENSE AGREEMENT This LIMITED SOFTWARE WARRANTY AND LICENSE AGREEMENT (this "Agreement"), including the Limited Warranty and other special provisions, is a legal agreement between You (either an individual or an entity) and Third Law Interactive and Gathering of Developers I, Ltd., (collectively, the "Owner") regarding this software product and the materials contained therein and related thereto. Your act of installing and/or otherwise using the software constitutes Your agreement to be bound by the terms of this Agreement. If You do not agree to the terms of this Agreement, promptly return the software packaging and the accompanying materials (including any hardware, manuals, other written materials and packaging) to the place You obtained them, along with your receipt, for a full refund. GRANT OF LIMITED NON-EXCLUSIVE LICENSE. 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EXCEPT FOR THE EXPRESS LIMITED WARRANTY SET FORTH ABOVE, OWNER MAKES NO WARRANTIES, EXPRESS OR IMPLIED, ORAL OR WRITTEN, CONCERNING THE PRODUCTS OR ANY COMPONENT PART THEREOF. ANY IMPLIED WARRANTIES THAT MAY BE IMPOSED BY APPLICABLE LAW ARE LIMITED IN ALL RESPECTS TO THE FULLEST EXTENT ALLOWED AND TO THE DURATION OF THE LIMITED WARRANTY. OWNER DOES NOT REPRESENT, WARRANT OR GUARANTEE THE QUALITY OR THE PERFORMANCE OF THE SOFTWARE OR ACCOMPANYING MATERIALS OTHER THAN AS SET FORTH IN THE ABOVE LIMITED WARRANTY. OWNER ALSO DOES NOT REPRESENT, WARRANT OR GUARANTEE THAT THE SOFTWARE OR ACCOMPANYING MATERIALS= CAPABILITIES WILL MEET YOUR NEEDS OR THAT THE SOFTWARE WILL CONTINUOUSLY OPERATE, BE ERROR FREE, OR THAT PROBLEMS WILL BE CORRECTED. OWNER DOES NOT REPRESENT THAT THE SOFTWARE WILL OPERATE IN A MULTI-USER ENVIRONMENT. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY OWNER, ITS DEALERS, DISTRIBUTORS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS OR AFFILIATES SHALL CREATE ANY OTHER WARRANTY OR EXTEND OR EXPAND THE SCOPE OF THIS WARRANTY. YOU MAY NOT RELY ON ANY SUCH INFORMATION OR ADVICE. 30 SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH MAY VARY FROM ST ATE TO STATE. LIABILITY LIMITATION. To the maximum extent permitted by applicable law, and regardless of whether any remedy set forth herein fails of its essential purpose, IN NO EVENT WILL OWNER, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR AFFILIATES NOR ANYONE ELSE INVOLVED IN THE DEVELOPMENT, MANUFACTURE OR DISTRIBUTION OF THE SOFTWARE OR THE ACCOMPANYING MATERIALS BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION, DIRECT OR INDIRECT; INCIDENTAL; OR CONSEQUENTIAL DAMAGES FOR PERSONAL INJURY, PERSONAL PROPERTY, LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, LOSS OF TEXT OR DATA STORED IN OR USED WITH THE SOFTWARE INCLUDING THE COST OF RECOVERING OR REPRODUCING THE TEXT OR DATA, OR ANY OTHER PECUNIARY LOSS, ARISING FROM OR OUT OF THE USE OR INABILITY TO USE THIS SOFTWARE. THIS LIABILITY LIMITATION APPLIES EVEN IF YOU OR ANYONE ELSE HAS ADVISED OWNER OR ANY OF ITS AUTHORIZED REPRESENTATIVES OF THE POSSIBILITY OF SUCH DAMAGES. EVEN IF SUCH IS CAUSED BY, ARISES OUT OF OR RESULTS FROM THE ORDINARY, STRICT, SOLE OR CONTRIBUTORY NEGLIGENCE OF OWNER OR ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS OR AFFILIATES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. PRODUCT SUPPORT AND UPDATES. This SOFTWARE is intended to be user-friendly and limited product support is provided by Owner as specified in the ACCOMPANYING MATERIALS. JURISDICTION. TEXAS LAWS GOVERN THIS AGREEMENT, REGARDLESS OF EACH STATE'S CHOICE OF LAW PRINCIPLES, WITH A FORUM AND VENUE OF DALLAS COUNTY, TEXAS. This Agreement may be modified only by a written instrume7nt specifying the modification and executed by both parties. In the event that any provision of this Agreement shall be held to be unenforceable, such provision shall be enforced to the greatest possible extent, with the other provisions of this Agreement to remain in full force and effect. ENTIRE AGREEMENT. This Agreement represents the entire agreement between the parties, and supersedes 31 any oral or written communications, proposals or prior agreements between the parties or any dealers, distributors, agents or employees. U.S. GOVERNMENT RESTRICTED RIGHTS. The SOFTWARE and the ACCOMPANYING MATERIALS is provided with RESTRICTED RIGHTS (as found in 48 C.F.R. '52.227-7013). This provision only applies if the U.S. Government or any of its entities obtains this SOFTWARE either directly or indirectly. Owner created this SOFTWARE and the ACCOMPANYING MATERIALS exclusively with private funds. Additionally, information contained in this SOFTWARE and the ACCOMPANYING MATERIALS is a trade secret of Owner for all purposes of the Freedom of Information Act or otherwise. Furthermore, this SOFTWARE is "commercial computer software" subject to limited use as set forth in any contract that may be entered into between the seller and the governmental entity. Owner owns, in all respects, the proprietary information and proprietary data found in the SOFTWARE and the ACCOMPANYING MATERIALS. U.S. DEPARTMENT OF DEFENSE PERSONNEL. Owner only sells this SOFTWARE and the ACCOMPANY ING MATERIALS with "Restricted Rights" as defined in DFARS 52.227-7013 (also found at 48 C.F.R. '252.227-7013). Any U.S. Government use, duplication, or disclosure is subject to the restrictions including, but not limited to those found in the Rights in Technological Data clause at DFARS 52.227-7013 (48 C.F.R. '252.227-7013) that may be amended from time to time. NON-DEPARTMENT OF DEFENSE PERSONNEL. Other governmental personnel are on notice through this Agreement that any use of this SOFTWARE and the ACCOMPANYING MATERIALS is subject to similar limitations as those stated above, including but not limited to, those stated in Commercial Computer SOFTWARE -- Restricted Rights found in 48 C.F.R. '52.227-19, that may also be amended from time to time. Manufacturer is Owner at the location listed below. U.S. EXPORT LAWS PROHIBITIONS. By opening the sealed software packaging and/or installing or otherwise using the SOFTWARE and ACCOMPANYING MATERIALS, You also agree and confirm that the SOFTWARE or ACCOMPANYING MATERIALS and any of the SOFTWARE's direct products are not being and will not be transported, exported or re-exported (directly or indirectly through the Internet or otherwise) into (or to a national or resident of) any country forbidden to receive such SOFTWARE or ACCOMPANYING MATERIALS by any U.S. export laws or accompanying regulations or otherwise violate such laws or regulations, that may be amended from time to time. You also agree and confirm that the SOFTWARE and 32 ACCOMPANYING MATERIALS will not be used for any purpose that may be restricted by the same laws and regulations. TERMINATION.This Agreement is valid until terminated. This Agreement ceases automatically (without any form of notice) if You do not comply with any Agreement provision. You can also end this Agreement by destroying the SOFTWARE and ACCOMPANYING MATERIALS and all copies and reproductions of the SOFTWARE and ACCOMPANYING MATERIALS and deleting and permanently purging the SOFTWARE from any client server or computer on which it has been installed. PROGRAM TRANSFER. You may permanently transfer all of your rights under this Agreement, provided that the recipient agrees to all of the terms of this Agreement, and You agree to transfer all ACCOMPANYING MATERIALS and related documents and components and remove the SOFTWARE from Your computer prior. Transferring the SOFTWARE automatically terminates Your license under this Agreement. EQUITABLE REMEDIES You hereby agree that if the terms of this Agreement are not specifically enforced, Owner will be irreparably damaged, and therefore you agree that Owner shall be entitled, without bond, other security, proof of damages, to appropriate equitable remedies with respect any breach(es) of this Agreement, in addition to any other available remedies. Owner: If You have any questions regarding this Agreement, the enclosed materials, or otherwise, please contact in writing: Gathering of Developers 2700 Fairmount Street Dallas, Texas 75201 Attn: Customer Service M A N U FACTURED IN THE U.S.A 33