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EUALA

YOU ARE ABOUT TO ENTER INTO A BINDING CONTRACT. PLEASE READ THIS DOCUMENT CAREFULLY. YOU MAY NOT PARTICIPATE IN THIS BETA TEST, ACCESS THE FUSIONFALL SYSTEM OR PLAY THE FUSIONFALL GAME UNLESS YOU AGREE TO THE TERMS CONTAINED HEREIN. THIS BETA TEST END USER ACCESS AND LICENSE AGREEMENT ("EUALA"), AS THE SAME MAY BE AMENDED FROM TIME TO TIME IN ACCORDANCE WITH THE TERMS CONTAINED HEREIN, DESCRIBES THE TERMS AND CONDITIONS UNDER WHICH THE CARTOON NETWORK, INC. ("TCN", or "WE" or "OUR") OFFERS THE USER ("YOU" OR "BETA TESTER") THE FOLLOWING COMPUTER INFORMATION SERVICES: AN ACCOUNT ALLOWING YOU TO ACCESS, TEST, PLAY AND EVAULATE ("BETA TEST"), VIA THE INTERNET, AN INFORMATION PROCESSING SYSTEM BY WHICH TCN CREATES, GENERATES, STORES, DISPLAYS AND PROCESSES ELECTRONIC INFORMATION FIXED ON TCN'S COMPUTER FILE SERVERS COMPRISING THE BETA VERSION OF TCN'S NEW, PROPRIETARY AND CONFIDENTIAL FUSIONFALL ONLINE GAME (SUCH GAME AND ALL INTERACTIVE FEATURES, FORUMS, CHAT ROOMS, WEBSITES AND SERVICES ASSOCIATED THEREWITH COLLECTIVELY REFERRED TO HEREIN AS THE "GAME"), AND CERTAIN RIGHTS TO EXCHANGE INFORMATION WITH TCN'S SYSTEM, AND TO USE, SUCH INFORMATION ONLY FOR THE PURPOSE OF TESTING AND EVALUATING THE GAME AND FOR YOUR PERSONAL ENTERTAINMENT. IN ADDITION, THIS EUALA SETS FORTH THE TERMS AND CONDITIONS ON WHICH TCN OFFERS YOU A LICENSE TO USE CERTAIN SOFTWARE APPLICATIONS CREATED BY TCN TO ENABLE INTERACTION WITH TCN'S SYSTEM. IF ACCEPTED BY YOU IN THE MANNER DESCRIBED BELOW, THE THEN-CURRENT VERSION OF THIS EUALA SHALL APPLY EACH AND EVERY TIME YOU ACCESS TCN'S SYSTEM OR PLAY THE GAME.

YOU AGREE AND ACKNOWLEDGE THAT THIS EUALA IS SUPPORTED BY REASONABLE AND VALUABLE CONSIDERATION, THE RECEIPT AND ADEQUACY OF WHICH YOU ACKNOWLEDGE BY CLICKING THROUGH "I HAVE READ AND ACCEPT THE EUALA." WITHOUT LIMITING THE FOREGOING, YOU ACKNOWLEDGE THAT SUCH CONSIDERATION INCLUDES, WITHOUT LIMITATION, THE RIGHT TO PARTICIPATE IN THE BETA TEST, YOUR USE AND ENJOYMENT OF THE SYSTEM AND THE GAME AND ALL FEATURES THEREOF, AND YOUR RECEIPT OF DATA, MATERIALS AND INFORMATION AVAILABLE AT OR THROUGH THE SYSTEM.

BY CLICKING THROUGH "I HAVE READ AND ACCEPT THE EUALA" WHERE INDICATED, YOU ACCEPT THE TERMS AND CONDITIONS SET FORTH IN THIS EUALA, AS THE SAME MAY BE AMENDED FROM TIME TO TIME. IF YOU DO NOT CLICK THROUGH "I HAVE READ AND ACCEPT THE EUALA" WHERE INDICATED, YOU DECLINE OUR OFFER, AND YOU WILL NOT BE ABLE TO DOWNLOAD THE SOFTWARE OR PLAY THE GAME.

IN THE EVENT YOU CHOOSE NOT TO ACCEPT THE EUALA OR BY TECHNICAL MEANS BYPASS/DISABLE CLICKING THROUGH "I HAVE READ AND ACCEPT THE EUALA," THEN BY INSTALLING, PLAYING, COPYING, DOWNLOADING, ACCESSING OR OTHERWISE USING THE GAME, YOU AGREE TO BE BOUND BY THE TERMS OF THE THEN-CURRENT EUALA. IF YOU HAVE ANY QUESTIONS REGARDING THE TERMS AND CONDITIONS OF THIS EUALA, PLEASE CONTACT TCN AT http://www.fusionfall.com/contact/index.html.

THE THEN-CURRENT VERSION OF THIS EUALA CAN BE FOUND ON TCN'S WEBSITE AT http://www.fusionfall.com/legal/euala.html. YOU ARE ENCOURAGED TO FREQUENTLY REVIEW THE EUALA FOR CHANGES, AND TO PRINT AND STORE IT FOR YOUR RECORDS AND FUTURE REFERENCE. YOU AGREE TO ACCEPT THE RESPONSIBILITY FOR THOROUGHLY REVIEWING THE EUALA WHEN YOU FIRST PLAY THE GAME AND EACH TIME YOU ARE PROMPTED TO DO SO BY THE GAME. SEE SECTION 7 BELOW CONCERNING MODIFICATIONS AND AMENDMENTS TO THE EUALA.

1. CONFIDENTIALITY.

1.1 Confidential Information. In connection with discussions between TCN (or its designees, representatives or agents) and you relating to the Beta Test of any variations, enhancements, or versions of the Game which TCN (and/or its affiliated companies) may make from time to time, TCN (or its designees, representatives or agents) may disclose or make available to you certain "Confidential Information" on a confidential basis, which may include but not be limited to, the development status of the Game, new content, features, operation, performance and capabilities of the Game, and all trademarks and logos associated with the Game. "Confidential Information" includes both trade secrets and other proprietary and/or non-public information which is of value to TCN and treated as confidential by TCN. "Confidential Information" expressly includes, but is not limited to:

Your obligations of confidentiality cover all Confidential Information disclosed to you by TCN, its parents, subsidiaries, affiliates, third party licensors, designees, agents or representatives in connection with the Beta Test or the Game, regardless of whether it is disclosed before, during or after the "Beta Period" (as defined below). Your obligations of confidentiality regarding Confidential Information other than trade secrets will survive expiration or termination of this EUALA and continue until three (3) years after the end of your participation in the Beta Test, and your obligations of confidentially regarding a trade secret, will survive expiration or termination of this EUALA and remain in effect for as long as such information remains a trade secret under applicable law.

1.2 Limitations on Disclosure. You agree that you will hold the Confidential Information in strictest confidence and will not disclose any Confidential Information that is disclosed to you without the express, prior written consent of TCN. You will only use Confidential Information for the purpose of participating in the Beta Test of the Game, and not for the benefit of you or any third party, and you may disclose such Confidential Information only to TCN or its designated agents or representatives.

1.3 Return of Confidential Information. All Confidential Information is the sole property of TCN. You must return any and all Confidential Information received in tangible form to TCN within five (5) business days of a written request from TCN. If you lose or make an unauthorized disclosure of TCN's Confidential Information, you must immediately notify TCN and use best efforts to immediately retrieve the lost or wrongfully disclosed Confidential Information.

1.4 Disclosures to Government Entities. If you are legally compelled (for example, by subpoena or court order) to disclose any Confidential Information, you must provide TCN with prompt written notice of that subpoena or court order. TCN may, at its expense, oppose such disclosure, or it may choose to permit you to make such disclosure. If TCN chooses to oppose your disclosure of Confidential Information, you will fully cooperate with TCN in its efforts to do so. If TCN is unable to successfully oppose the disclosure of any Confidential Information by you, you will exercise your reasonable best efforts to limit the disclosure as appropriate.

2. ACCOUNT AND ACCESS TO SYSTEM

2.1. Registration and Requirements for Access to System and Beta Test

By completing the registration process for this Beta Test, you are permitted to establish no more than one (1) account per person ("Account(s)"), and to access, through your valid, authorized Account(s) by means of an Internet connection (which TCN does not provide), TCN's Game information processing system by which TCN creates, generates, stores, displays and processes electronic information fixed on TCN's file servers comprising TCN's proprietary Game (the "System"). To participate in the Beta Test, you must (a) download certain software (the "Software") which allows you to play and test the Game, (b) have a valid Account, and (c) have an Internet connection (which TCN does not provide and which may impact your ability to access the System and the Game from time to time for reasons outside of TCN's control). You are responsible for all hardware, software, service and other costs you incur to access your Account.

2.2 Fees.

TCN or its designee shall provide you with access to the Game at no charge during the Beta Period for purposes of the Beta Test. You are solely responsible for (i) providing your own Internet access; (ii) any telecommunication charges or other charges which you incur through access and use of the Game; and (iii) any taxes payable by you in connection with access and use. YOU ACKNOWLEDGE AND AGREE THAT YOU SHALL RECEIVE NO ADDITIONAL COMPENSATION OR ACKNOWLEDGMENT IN CONNECTION WITH YOUR PERFORMANCE AS A BETA TESTER UNDER THIS EUALA, AND THAT THE GRANT OF LIMITED LICENSE DURING THE BETA PERIOD SHALL BE YOUR SOLE AND EXCLUSIVE COMPENSATION IN CONNECTION WITH YOUR PARTICIPATION AS A BETA TESTER UNDER THIS EUALA.

2.3. Eligibility to Establish Account Limited to Natural Persons; Shared and Commercial Use

Prohibited; Responsibility for Use of Account

Accounts are available only to individual, natural persons who are adults or, in the discretion of such an adult, his or her minor child. If you are a minor, your parent(s) or guardian(s), instead of you, must click through "I have read and accept this EUALA," in which case he/she/they will take full responsibility for all obligations under this agreement. BY CLICKING THROUGH "I HAVE READ AND ACCEPT THIS EUALA," YOU REPRESENT THAT YOU ARE AN ADULT AND ARE EITHER ACCEPTING THE TERMS AND CONDITIONS OF THIS EUALA ON BEHALF OF YOURSELF OR ON BEHALF OF YOUR CHILD, IN WHICH CASE YOU REPRESENT THAT YOU PERSONALLY WILL BE BOUND BY ALL THE TERMS AND CONDITIONS HEREOF. IF YOU ARE A MINOR AND CLICK THROUGH "I HAVE READ AND ACCEPT THIS EUALA," YOU UNDERSTAND THAT YOU CAN NOT LATER VOID THIS AGREEMENT AS A MINOR WITHOUT LOSING ACCESS TO YOUR ACCOUNT AND YOUR PARENTS BEING HELD RESPONSIBLE FOR YOUR ACTIONS AND ANY OBLIGATIONS YOU HAVE INCURRED WHILE ENJOYING THE BENEFITS OF PARTICIPATING IN THE BETA TEST AND PLAYING THE GAME AS IF YOU WERE AN ADULT.

You shall not share your Account with anyone or allow anyone else other than you personally to access or use your Account, other than your parent(s) or guardian(s) who have rights to access and manage your Account if you are a minor. Joint or shared ownership or use of an Account by more than one individual natural person is prohibited, other than parent(s) or guardian(s) who have rights to access and manage your account if you are a minor. Selling or renting access to another person to your Account for the purposes of allowing them access to the System and Game is prohibited. Access to the System and playing the Game during the Beta Period is intended solely for the purposes of the Beta Test of the Game by individual natural persons, and not for purposes of corporate, business, commercial, or income-seeking activities. Corporations, associations, partnerships, joint ventures, limited liability companies, artificial persons, and other businesses or other entities which are not a single, individual natural person, are not eligible to establish Accounts, to access the System, or to play the Game, nor is anyone who is acting for or on behalf of or in the course of the business of, any such artificial person or entity. Except as expressly permitted by the current EUALA, accessing the System and/or playing the Game for commercial, business, or income-seeking purposes is strictly prohibited. BY CLICKING THROUGH "I HAVE READ AND ACCEPT THE EUALA," YOU REPRESENT THAT YOU ARE ELIGIBLE TO ESTABLISH AN ACCOUNT, ACCESS THE SYSTEM, PARTICIPATE IN THE BETA TEST, AND PLAY THE GAME, AND THAT YOU ARE NOT ACCESSING THE SYSTEM, PARTICIPATING IN THE BETA TEST OR PLAYING THE GAME FOR A PROHIBITED PURPOSE AND ARE NOT ENGAGING IN A COMMERCIAL ACTIVITY IN VIOLATION OF THIS EUALA.

You are responsible and liable for all activities conducted through your Account, regardless of who conducts those activities. If you are a parent or guardian, you may permit your child to use the Account instead of you, provided that parents or guardians are liable for the activities of their child.

2.4. Password, Login Name, and Player Name

Upon registration, you must select a password ("Password"). You are responsible for maintaining the confidentiality of your Password and are responsible for any damage or harm (for example, lost or deleted characters or character possessions, closed accounts, etc.) resulting from your disclosure or allowing the disclosure of your Password or from use by any person of your Password to gain access to your Account. IN NO EVENT SHALL TCN BE HELD RESPONSIBLE FOR ANY DAMAGE THAT OCCURS TO YOUR ACCOUNT, YOUR CHARACTERS OR THEIR POSSESIONS IN THE EVENT YOU DISCLOSE YOUR PASSWORD TO ANYONE, NOR IS TCN LIABLE FOR ANY FINANCIAL OR EMOTIONAL DAMAGE OR DISTRESS YOU MAY SUFFER AS A RESULT OF THE DISCLOSURE OF YOUR PASSWORD AND/OR SUBSEQUENT LOSS OR DAMAGE TO YOUR ACCOUNT, CHARACTERS AND ANY AND ALL OF THEIR POSSESIONS, TO A THIRD PARTY.

You shall not disclose your Password to any third party or allow anyone to use your Password to access the System or your Account, or to play the Game. It is also prohibited to obtain, attempt to obtain, use, or attempt to use the password of anyone else. SUCH DISCLOSURE AND/OR USE IS A BREACH OF THE EUALA. WE WILL NEVER ASK YOU FOR YOUR PASSWORD BY TELEPHONE OR E-MAIL, AND YOU SHOULD NOT DISCLOSE IT THIS WAY IF SOMEONE ASKS YOU TO DO SO.

Selling or renting access to another person to your Account for the purposes of allowing them access to the System and Game is prohibited. You may not allow anyone to use your login and/or player name to access the System or your Account or to play the Game. You may not sell or rent access to your Account to another person for the purposes of allowing them access to the System or to play the Game. No player may use the player name of another to impersonate or falsely represent his or her identity. It is also prohibited to obtain, attempt to obtain, use, or attempt to use the login and/or player name of anyone else. While you are encouraged to use a pseudonym, especially if you are a minor, you may not pick a name that violates anyone's trademarks, publicity rights or other proprietary rights. Acceptance of a pseudonym by the System does not constitute a finding or acknowledgement by TCN that your chosen pseudonym does not violate any third party's trademarks, publicity rights or other proprietary rights, and the user is responsible for any liability in the choosing of a pseudonym. TCN retains the right to reject any pseudonym it concludes, in its sole discretion, is indecent, obscene, or otherwise violates standards of good taste, or in the event TCN has reasonable belief that such pseudonym violates the intellectual property rights of others. TCN also reserves the right to invoke the "safe harbor" provision of the Digital Millennium Copyright Act (17 U.S.C. § 512(c)) concerning the removal of copyrighted or trademarked materials from the Game or related websites.

3. BETA TESTER OBLIGATIONS - OWNERSHIP OF FEEDBACK INFORMATION

In your role as a Beta Tester, you may, but are not obligated to, report to TCN any defects, errors, or faults you find in the Game or relating to any access or use thereof, or any exchange of information or data therewith. Your reports can document the events that led up to any problem with the Game and the manifestations of that problem. You also may, but are not obligated to, inform TCN of your opinions regarding the design of the Game, its performance, its suitability for its projected use, its limitations, its appearance, its ease of access and use. This information and any other comments, information, data or suggestions that you provide to TCN are collectively referred to herein as "Feedback." Feedback may be conveyed to TCN from time to time during the course of the Beta Period in the manner offered by TCN, which may include, without limitation, via e-mail correspondence to a designated e-mail address or pursuant to participation in designated Feedback sessions. YOU HEREBY TRANSFER AND ASSIGN ALL RIGHTS, TITLE AND INTEREST IN AND TO ALL FEEDBACK, INCLUDING WITHOUT LIMITATION, ANY IDEAS, CONCEPTS, KNOW-HOW, OR TECHNIQUES CONTAINED IN SUCH FEEDBACK, AND ALL EXPRESSIONS OF IT, TO TCN, WHICH SHALL INCLUDE, WITHOUT LIMITATION, THE RIGHT TO REPRODUCE, USE, DISCLOSE, EXHIBIT, DISPLAY, PERFORM, TRANSFORM, CREATE DERIVATIVE WORKS, DISTRIBUTE, SELL, TRANSFER AND ASSIGN SUCH FEEDBACK. This Section 3 does not affect your obligation to keep such Feedback confidential pursuant to this EUALA, and you hereby agree that such Feedback shall be considered Confidential Information and subject to the terms and conditions of Section 1 above.

4. OWNERSHIP OF SYSTEM, GAME AND GAME CONTENT; RIGHTS TO ACCESS AND USE SAME

4.1. Ownership of System, Game and Game Content

You acknowledge and agree that TCN is the sole and exclusive owner of the System, and that TCN or its suppliers are the sole and exclusive owner(s) of all right, title and interest (including, without limitation, all intellectual property rights) in the computer code, programs, routines, subroutines, objects, files, data, characters (including all items, currency, objects and attributes comprising or associated with a character and an Account), and information uploaded to, downloaded from, and accessible through the System, including, without limitation graphics, sound effects, music, animation-style video and text, some of which may be provided to TCN under license from independent content providers which currently exist or which may exist in the future as a result of your interaction with the Game (collectively, "Game Content"). You further acknowledge the Game and the Game Content is protected by copyrights, trademarks, and other proprietary rights owned by TCN or its suppliers, title to all of which is expressly reserved, and that you acquire no rights in any of the same, express or implied, beyond those granted specifically in the current version of the EUALA.

YOU SPECIFICALLY ACKNOWLEDGE THAT THE TIME YOU SPEND PLAYING THE GAME IS BEING DONE ONLY FOR PURPOSES OF THE BETA TEST AND YOUR ENTERTAINMENT, AND THAT YOU CLAIM NO INTEREST IN THE VALUE OF SUCH TIME AS REPRESENTED BY THE BUILDING UP OF YOUR CHARACTER AND/OR THE ITEMS YOUR CHARACTER ACCUMULATES DURING YOUR TIME PLAYING THE GAME DURING THE BETA PERIOD.

4.2. TCN Owns Accounts, Account Attributes, Characters, Items and Objects; Assignment

You acknowledge and agree that your Account(s), and all attributes of your Accounts, including all characters and objects, currency and items acquired, developed or delivered by or to characters as a result of Game play through your Accounts are part of the System and the Game Content, and are the sole and exclusive property of TCN, including any and all copyrights and intellectual property rights in or to any and all of the same, all of which are hereby expressly reserved. As to information you transmit to the System through your Account, except as otherwise provided herein, you hereby irrevocably and without additional consideration beyond the rights granted to you herein, assign to TCN any and all right, title and interest you have or may have, including copyrights, in or to any and all files, data, or information comprising or manifesting in a manner perceptible by any means, characters, and other attributes of your Account, together with all objects and items acquired or developed by, or delivered by or to characters, in your Account; provided, however, that the foregoing assignment shall not include the content of messages posted by you to user-to-user areas, but the following terms and conditions shall apply to such content.

4.3. User Content; Terms and Conditions; License

The Game may afford users the means to communicate to the System information, including (without limitation) messages in chat rooms, "emotes," forum discussions, and similar user-to-user areas (collectively, "User Content"). As to User Content, the following terms and conditions apply. Any User Content you communicate or cause to be communicated to the System shall not: (a) infringe the intellectual property, proprietary, privacy or publicity rights of any third party; (b) violate any law or regulation; (c) be defamatory, indecent, obscene, child pornographic or harmful to minors; or (d) contain any viruses, trojan horses, disabling code, worms, time bombs, "clear GIFs," cancelbots, or other computer programming or routines that are intended to, or which in fact, damage, detrimentally interfere with, monitor, intercept, or expropriate any data, information, packets, or personally-identifiable information. You acknowledge and agree that we may take any action we deem appropriate as to any User Content communicated by you, if we believe, in our sole discretion, that it may expose us to liability, or damage our relationship with any of our suppliers, licensors, ISPs or other users of the System and the Game. As to all User Content, you hereby grant to us an exclusive, perpetual, worldwide, irrevocable, assignable, royalty-free license, fully sublicensable through multiple tiers, to exercise all intellectual property rights, in and to all or any part of your User Content, in any medium now known or hereafter developed, subject to restrictions and limitations imposed elsewhere in the EUALA, and by applicable federal law.

You acknowledge and agree that the Game Content and User Content may include content owned by independent content providers (including other users), and licensed to us. You, and any user of your Account, must evaluate, and bear the risk associated with, the accuracy, completeness or usefulness of any Game Content and User Content. TCN does not pre-screen User Content as a matter of policy, but TCN reserves the right, but does not undertake the responsibility, to remove User Content at any time that it deems to be harmful, offensive, or otherwise in violation of this agreement.

Without limitation of any of its other rights, TCN shall have the right to display and publish any information (except personally-identifiable information about you) associated with any character developed in your Account, for example, in charts, lists and other compilations, such as "Top Ten" lists and the like without any prior notification to you of its intent to do so and without any compensation or any form of recompense whatsoever.

4.4. Rights to Access System and Game Content to Play Game; No Interception or Reverse Engineering; Reverse Engineering Not a Fair Use of the Copyrighted Software; Violation of EUALA a Material Breach

This EUALA grants you the limited, personal, non-exclusive, non-transferable, revocable rights to access and use the System, to exchange, download from, and to access and use Game Content and User Content exclusively via an authorized Account, solely for purposes of your participation in the Beta Test during the Beta Period as permitted by, and in a manner consistent with, the terms and conditions of this EUALA. Any and all rights not specifically and expressly granted by TCN herein are reserved, and no license, permission or right of access or use not granted expressly herein shall be implied. Specifically, but without limiting the generality of the foregoing reservation, except as expressly permitted by the EUALA then in effect, you may not copy, distribute, rent, lease, loan, modify or create derivative works, adapt, translate, perform, display, sublicense or transfer any information accessible through the System, including without limitation, any part of the Game Content or User Content, or any item, object, character associated with your Account, or your rights to access and/or use the System. You may not reverse engineer, disassemble or decompile or otherwise reverse engineer or attempt to reverse engineer or derive code from any information accessible through the System (including, without limitation, data packets transmitted to and from the System over the Internet), or analyze, decipher, "sniff", derive code from, or attempt to analyze, decipher, "sniff", or derive code from any packet stream transmitted to or from the System, whether encrypted or not, or permit any third party to do any of the same, and you hereby expressly waive any legal rights you may have to do so, including any claim that such activities constitute "Fair Use" or are for "interoperability purposes" under the Digital Millennium Copyright Act. Any such attempt shall exceed the "authorized access" you have to the System as term is defined under 18 U.S.C. § 1030. ANY ATTEMPT TO ENGAGE IN ANY OF THESE PROHIBITED ACTIVITIES, WHETHER SUCCESSFUL OR NOT, SHALL CONSTITUTE A MATERIAL BREACH OF THE EUALA AND WILL RESULT IN SANCTIONS, RANGING FROM SUSPENSION OF YOUR ACCESS TO THE SYSTEM, TO IMMEDIATE TERMINATION OF ACCESS TO THE SYSTEM AND/OR CANCELATION OF ANY AND ALL ACCOUNTS YOU HAVE ON THE SYSTEM OR OTHERWISE HAVE WITH TCN. IT IS IN TCN'S SOLE DISCRETION TO DETERMINE WHICH SANCTION, IF ANY, WILL BE UNDERTAKEN BY TCN.

4.5. Patching the Game

For the purposes of updating, patching or otherwise modifying the Game, you hereby grant TCN permission to (a) extract hardware system profile data from your computer; (b) extract information from your computer's file directories pertaining to the Game and your ability to access the System; (c) download Game Content and Game files to your computer and any data related to operation of the Game from any computer that logs on to the System using your Account. We reserve the right to modify, change, delete and remove your characters as necessary to test various features in the Game as they become available, and your characters will not be carried forward into any open Beta or publicly released versions of the Game.

4.6. TCN'S RIGHT TO DISCONTINUE ACCESS TO SYSTEM AND GAME IN EVENT OF UNAUTHORIZED USE OF SYSTEM OR MATERIAL BREACH OF EUALA

YOU AGREE THAT ANY MATERIAL BREACH OF THE EUALA, THE FUSIONFALL CODE OF CONDUCT (AS PUBLISHED ON TCN'S WEB SITE FROM TIME TO TIME) (THE "CODE") OR UNAUTHORIZED ACCESS OR USE OF THE SYSTEM BY YOUR OR VIA ANY OF YOUR ACCOUNTS, SHALL ENTITLE TCN, AT TCN'S ELECTION, IN ADDITION TO AND NOT IN LIMITATION OF ANY OTHER REMEDY OR RIGHT WHICH MAY BE AVAILABLE TO TCN, TO IMMEDIATELY AND WITHOUT NOTICE DISCONTINUE ACCESS TO THE SYSTEM AND GAME THROUGH YOUR ACCOUNT, AND ANY AND ALL OTHER ACCOUNTS THAT SHARE THE NAME, PHONE NUMBER, EMAIL ADDRESS, INTERNET PROTOCOL ADDRESS OR CREDIT CARD NUMBER WITH THE DISCONTINUED ACCOUNT.

4.7 Game and System Downtime and Interruption; Compatibility with Third Party Equipment and Software

We will make reasonable commercial efforts to keep Game and/or System downtime to a minimum, but we can't promise that the System or Game or any data stored or transmitted in connection with the System or the Game will be uninterrupted, secure or error-free or will achieve particular results. We reserve the right to suspend operation of some or all aspects of the System and/or the Game at any time without notice for repairs, maintenance, improvements or for any other reason.

We make no promise that the Game will operate either fully or in part on any specific computer equipment or with any specific software or that it is free from viruses or anything else which may have a harmful effect on any technology. We are not responsible or liable for any damage, whether temporary or permanent, occurring to either equipment or software that might occur while accessing the System or playing the Game.

TCN reserves the right to close Game accounts or "reset" the Game and System entirely in the event that TCN identifies a Game exploit that allows users to "dupe" or "cheat" the Game in a manner that facilitates the acquisition of items, currency, objects, character attributes, rank or status at an accelerated rate when compared with ordinary Game play. We reserve the right to modify, change, delete and remove your characters as necessary to test various features in the Game as they become available, and your characters will not be carried forward into any open Beta or publicly released versions of the Game.

5. SOFTWARE LICENSE

As to the Software that you download as part of the initial installation, the following licensing terms and conditions apply. You may install the Software on any single computer or game platform, and make one (1) copy thereof for backup or archival purposes. You shall not install or operate the Software concurrently on different computers and/or game platforms. You may also store or install a copy of the Software on a storage device, such as a network server, used only to install or run the Software on your other computers over an internal network; provided, however, you must acquire and dedicate a license for each separate computer on or from which the Software is installed or run. The Software may not be shared or used concurrently on different computers.

You acknowledge and agree that TCN is the sole and exclusive owner of all right, title and interest (including, without limitation, all intellectual property rights) in and to the Software, and that you acquire no rights in any of the same, express or implied, beyond those granted specifically in the current version of the EUALA. Neither this agreement nor your Account entitles you to any subsequent releases of the Software, any expansion packs or similar ancillary products. You understand that we may update or otherwise enhance the Software at any time and in doing so incur no obligation to furnish such updates to you pursuant to this agreement.

Subject to the terms of this EUALA, we hereby grant to you a limited, personal, non-exclusive, non-transferable, revocable license to use the Software solely in connection with accessing the System in order to play the Game via an authorized Account for purposes of the Beta Test during the Beta Period. YOU MAY NOT COPY (EXCEPT TO INSTALL ONE COPY ON YOUR FIXED DRIVE OR STORAGE DEVICE), DISTRIBUTE, RENT, LEASE, LOAN, MODIFY OR CREATE DERIVATIVE WORKS, ADAPT, TRANSLATE, PERFORM, DISPLAY, OR SUBLICENSE THE SOFTWARE. You may not reverse engineer, disassemble or decompile or otherwise reverse engineer or attempt to reverse engineer or derive source code from, all or any portion of the Software or anything incorporated therein or permit any third party to do so except to the extent that this restriction is expressly prohibited by applicable law. In no event will such reverse engineering be considered "Fair Use" under Federal Copyright law, and you hereby agree to waive any claims of "Fair Use" as a defense for any reverse engineering, including any claims that such reverse engineering is being done for "interoperability purposes" under the Digital Millennium Copyright Act. The Software may contain license management technology, circumvention or disabling of which is prohibited.

6. MISCONDUCT

The Game is being created for entertainment purposes only and is designed to be played only as written. Therefore, there are certain practices that TCN prohibits.

6.1. Hacks, Cheats, Macros, Modifications, and/or Changes to the Game; Account "Loading"

You may not use any of your own or third party software to modify the Game Content or to change Game play. You may not use our intellectual property rights contained in the Game Content or the Software, or any information accessible through the System, to create or provide any other means through which the System may be accessed and/or the Game may be played by others, as, for example, through server emulators, whether for profit or not.

You may not take any action that imposes an unreasonable or disproportionately large load on our System. You may not use in Game play macros or other stored rapid keystrokes, "dupes," "cheats" or other patterns of play that facilitate acquisition of items, currency, objects, character attributes, rank or status at an accelerated rate when compared with ordinary Game play. You may not use your or third-party software to rewrite or modify the user interface or otherwise manipulate data in such a way as to use the System to acquire, items, currency, objects, character attributes or beneficial actions not actually acquired or performed in the Game.

Any conduct or practice that results in an Account containing items, objects, currency, character attributes, rank, or status that are inappropriate for the level or rank of the character contained in the Account, i.e., "item loading," is strictly prohibited. Conduct prohibited shall include, without limitation, arranging, making or accepting in-Game transfers of items to a character without adequate in-Game consideration, thereby augmenting or aggregating items in the transferee character's Account and having the effect of increasing its value for purposes of an out-of-game Account sale.

6.2. SELLING OF ITEMS AND OBJECTS

YOU MAY NOT TRANSFER, SELL OR AUCTION, OR OFFER TO TRANSFER, SELL OR AUCTION, OR BUY OR ACCEPT ANY OFFER TO TRANSFER, SELL OR AUCTION, ANY GAME CONTENT, INCLUDING (WITHOUT LIMITATION) CHARACTERS, CHARACTER ATTRIBUTES, ITEMS, CURRENCY, AND OBJECTS, OR ENCOURAGE OR INDUCE ANY OTHER GAME PLAYER TO PARTICIPATE IN SUCH A PROHIBITED TRANSACTION. THE BUYING, SELLING, AUCTIONING OF CHARACTERS, CHARACTER ATTRIBUTES, ITEMS, CURRENCY, OR OBJECTS WHETHER THROUGH ONLINE AUCTIONS (FOR EXAMPLE EBAY), NEWSGROUPS OR POSTINGS ON MESSAGE BOARDS, AND/OR ANY OFFER OR ATTEMPT TO DO SO, CONSTITUTES A VIOLATION OF THIS EUALA AS WELL AS THE CODE. IN ADDITION TO VIOLATING THE EUALA AND THE CODE, SELLING AND BUYING OF INDIVIDUAL CHARACTERS, CHARACTER ATTRIBUTES, ITEMS, OBJECTS AND/OR CURRENCY CONSTITUTES AN UNAUTHORIZED MODIFICATION OF THE DATA COMPRISING THE ACCOUNTS INVOLVED IN THE TRANSACTION, AN UNAUTHORIZED MODIFICATION OF PROPRIETARY GAME CONTENT, AN UNAUTHORIZED USE OF THE SYSTEM, AND VIOLATES TCN'S INTELLECTUAL PROPERTY RIGHTS. MOREOVER, ENGAGING IN CONDUCT PROHIBITED BY THIS SECTION MAY ALSO CONSTITUTE MISAPPROPRIATION, AND/OR TORTIOUS INTERFERENCE WITH OUR BUSINESS AND/OR CONTRACTS, FALSE DESIGNATION OF ORIGIN, ENDORSEMENT OR SPONSORSHIP OF SUCH TRAFFICKING, AND TARNISHMENT OF THE GOODWILL IN THE FUSIONFALL NAME.

6.3. Compliance with FusionFall Code of Conduct

While participating in the Beta Test and playing the Game, you also agree to observe and abide by the terms and conditions of the Code, as the same may be amended from time to time. The current version of the Code may be viewed at http://www.fusionfall.com/legal/codeofconduct.html, and is incorporated in the EUALA by reference. Serious or repeated violations of the Code shall be regarded as a material breach of the EUALA.

7. MODIFICATIONS AND AMENDMENTS TO EUALA

The terms and conditions of this EUALA may be amended or modified from time to time by TCN. The fact that the EUALA has been amended or modified shall be communicated to you at the time you log into your Account. You will be asked to review the revised EUALA, and to indicate and confirm your acceptance by clicking through "I have read and accept this EUALA" as a condition of access to your Account. If you accept the revised EUALA, you will be granted access to your Account.

If the revision alters a material term, and you, in good faith, determine that the modification is adverse to you and unacceptable, then you shall have the right to close your Account and cease participation in the Beta Test. You may exercise these rights by clicking through "I decline" where indicated. Upon clicking through "I decline," you will be deemed to have exercised your right to terminate this agreement between you and TCN to participate in the Beta Test and play the Game and close your Account. If you fail to click through "I have read and accept this EUALA" or click through "I decline" in the manner specified above, your access to the System will be discontinued, and all rights to access the System, participate in the Beta Test and play the Game granted under this EUALA shall be terminated.

8. TERM/TERMINATION

8.1 Term. The term of this EUALA shall commence upon the date that you accept this EUALA or you otherwise begin participating in the Beta Test and using the Game and shall continue until the date that TCN concludes Beta Testing of the Game (the "Beta Period"), unless sooner terminated as provided herein.

8.2 Termination For Any Reason. TCN may immediately terminate this EUALA and/or the Beta Test and/or prevent access to the Game, or use of it, in whole or in part, for any reason in its sole discretion, at any time, upon notice, which may be oral or written. You may terminate this EUALA with TCN at any time, upon notice to TCN, whereupon all your Accounts will be closed, and all rights granted to you hereunder will be cancelled, effective upon your notice.

8.3 Termination For Breach. If you or anyone using any of your Accounts materially breaches this EUALA, or makes any unauthorized use of the System, Software or Game, or infringes the intellectual property rights of TCN or any third party, or if we are unable to verify or authenticate any information you provide to us, or we become aware of Game play, chat or any player activity whatsoever within your Account which is, in our reasonable discretion, inappropriate and/or in violation of the Code, then TCN may terminate this agreement with you, close all of your Accounts, and cancel all rights granted to you under the EUALA. Such termination shall be effective upon notice delivered via electronic mail or any other means reasonably calculated to reach you. Termination by TCN under this section shall be without prejudice to or waiver of any and all other rights or remedies which TCN may have, all of which are expressly reserved, shall survive termination, and shall be cumulative.

8.4. Effect of Expiration or Termination.

(a) If either party terminates this agreement for any reason, all rights to access the Account, participate in the Beta Test, and play the Game will be terminated. In the event of termination, all the attributes of the Account, including characters, items and currency associated with the Account will be lost. Upon expiration of this EUALA or termination for any reason, the limited licenses granted to you shall automatically terminate, without further notice to you, and you must (i) immediately cease accessing and using the Game and (ii) uninstall your copy of the Software. You may uninstall your copy of the Software through one of the following methods: (x) access the directory on your computer where you originally installed the Software and double-click on the file entitled uninst.exe; (y) access the Add/Remove Programs feature of the operating system located on your computer and follow the instructions to remove the Software; or (z) contact TCN customer service for assistance. Users whose Accounts have been discontinued or closed may not access the System or play the Game in any manner or for any reason, including through any other Account, without the express written permission of TCN. Users of active Accounts may not knowingly allow former users whose Accounts have been terminated to use the active user's Accounts.

(b) You hereby understand, and acknowledge, that there is no guarantee that TCN shall continue offering access to its System or the Game on a going-forward basis. You specifically acknowledge that the time you spend playing the Game is being done for purposes of the Beta Test and your entertainment only, and that you claim no interest in the value of such time as represented by the building up of your character and/or the items your character accumulates during your time participating in the Beta Test and playing the Game. You further agree that you are not entitled to any refund or other compensation for the past time you have spent participating in the Beta Test or playing the game or for the real or projected value of your Account were it to be sold. Nor is TCN liable for any emotional distress you may suffer as a result of loss of your characters and/or Account in the event that either your Account or the Game as a whole is terminated.

9. PRIVACY OF IN-GAME COMMUNICATIONS

You understand that you have no expectation of privacy regarding the communications you make in connection with the Game, including, without limitation, through private in-game messaging or in open "chat," or in chat rooms, and that TCN representatives may monitor all communications made by or received from you. You understand that you should never provide any private information to any other player in the Game, and will not hold TCN responsible for the consequences of any such disclosure by you. Further, you understand that in playing the Game, you may encounter and converse with people who are rude, offensive, belligerent, and who may use indecent, obscene, and/or threatening or harassing language. You are free to report any instances of such behavior to TCN, and we will take such measures as TCN, in its sole business judgment, determines are reasonable when such behavior violates either the EUALA or the Code. HOWEVER, TCN DOES NOT WARRANT THAT YOU WILL BE FREE FROM THE BEHAVIOR OF OTHERS YOU MAY DEEM INSULTING, DEMEANING, OFFENSIVE, THREATENING OR HARASSING WHILE YOU PLAY THIS GAME. IN THE EVENT THAT TCN CHOOSES NOT TO TAKE ANY ACTION, TAKES AN ACTION WITH WHICH YOU DO NOT AGREE OR IS UNABLE TO TAKE ANY ACTION FOR ANY REASON WHATSOEVER, IN NO EVENT SHALL WE, OUR PARENT, OUR AFFILIATES OR OUR SUPPLIERS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES (HOWEVER ARISING, INCLUDING NEGLIGENCE), AND/OR EMOTIONAL DISTRESS, ARISING OUT OF OR IN CONNECTION WITH YOUR ACCOUNT, THE GAME OR YOUR TIME SPENT PLAYING THE GAME, EVEN IF ANY OF THE SAME HAVE KNOWLEDGE OF THE POSSIBILITY OF SUCH DAMAGES. OUR LIABILITY TO YOU OR ANY THIRD PARTIES SHALL BE LIMITED TO AN AGGREGATE AMOUNT OF $100. THIS DISCLAIMER SHALL BE INDEPENDENT OF ANY OTHER LIMITATION ON REMEDIES SET FORTH HEREIN.

10. PARENTAL GUIDANCE

This Game is intended for players of all ages. Nonetheless, some parents may find some aspects of the Game or Game Content inappropriate for some age levels. While TCN may choose to monitor and take action upon inappropriate gameplay, chat or links to the Game, it is possible that at any time there may be language or other material accessible on or through the Game that may be inappropriate for children or offensive to some users of any age. While TCN has established the Code to govern Game player conduct, TCN cannot ensure that other players will not provide User Content or access to content that parents or guardians may find inappropriate or that any user may find objectionable. TCN does not as a matter of policy pre-screen the content of the materials or communications transmitted by each player. TCN will abide by the Children's Online Privacy Protection Act ("COPPA"), in that it will not collect any information about children beyond that necessary to establish an account and log into the Game, which you as a parent agree to as part of this EUALA, and TCN will not disseminate any such information to any third party unless compelled pursuant to paragraph 11 below or in accordance with our privacy policy.

11. DISCLOSURE OF PERSONALLY-IDENTIFIABLE INFORMATION

We cannot ensure that your communications within the Game and other personally identifiable information given to us will not be disclosed to third parties. For example, we may be forced to disclose information to the government or third parties under certain circumstances, or third parties may unlawfully intercept or access transmissions or private communications. Additionally, we can (and you hereby expressly authorize us to) disclose any information about you to private entities, law enforcement or other government officials, as we, in our sole discretion, believe necessary or appropriate to investigate or resolve possible crimes, especially those that may involve personal injury. Furthermore, if you request any technical support, you consent to our remote accessing and review of the computer you use to access the System and play the Game for purposes of support and debugging. You agree that we may communicate with you via email and any similar technology for any purpose relating to the Game, the System, the Game Content, and the Software and any services or software which may in the future be provided by us or on our behalf. You are encouraged to read our privacy policy which governs the collection and use of personally identifiable information.

12. ACKNOWLEDGEMENT OF BETA TESTING, WARRANTY DISCLAIMERS; LIMITATION OF DAMAGES AND EXCLUSIVE REMEDIES; INDEMNITY

YOU ACKNOWLEDGE AND AGREE THAT THE GAME IS A BETA TEST VERSION THAT MAY CONTAIN BUGS, DEFECTS AND ERRORS AND THE GAME IS NOT EXPECTED TO FUNCTION FULLY UPON ACCESS DURING THE BETA PERIOD. YOU UNDERSTAND THAT THE GAME, AS ACCESSED BY YOU FOR THIS BETA TEST, IS NOT A COMMERCIALLY RELEASED PRODUCT, AND THAT THE SYSTEM, THE ACCOUNT, THE GAME CONTENT, THE USER CONTENT, THE GAME, ALL OTHER SERVICES, AND THE SOFTWARE ARE BEING PROVIDED "AS IS" AND IN ITS AND THEIR PRESENT, INCOMPLETE STATE AND CONDITION.

TCN CANNOT AND DOES NOT WARRANT THAT THE OPERATION OF THE SYSTEM OR YOUR ACCESS TO THE SYSTEM, THE SOFTWARE, OR THE GAME WILL BE UNINTERRUPTED OR ERROR-FREE. TCN MAKES NOT REPRESENTATOIN OR WARRANTY WITH RESPECT TO THE ACCURACY OR COMPLETENESS OF THE INFORMATION OR CONTENT PRODUCED OR DISAPLYED IN CONNECTION WITH THE GAME. TCN MAKES NO WARRANTY AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE INFORMATION PROVIDED HEREUNDER, OR AGAINST INFRINGEMENT. NO WARRANTY, REPRESENTATION, COVENANT, EXPRESS OR IMPLIED, WRITTEN OR ORAL, STATUTORY OR OTHERWISE, AS TO THE CONDITION, QUALITY, AVAILABILITY, DURABILITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE OR USE OF THE GAME IS GIVEN OR ASSUMED BY TCN; ALL SUCH WARRANTIES, REPRESENTATIONS, COVENANTS, UNDERTAKINGS AND TERMS ARE HEREBY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW.

EXCEPT FOR EXPRESS WARRANTIES STATED IN THIS EUALA, IF ANY, THE SYSTEM, ALL INFORMATION ACCESSIBLE THROUGH THE SYSTEM, THE ACCOUNT, THE GAME CONTENT, THE USER CONTENT, THE GAME, ALL OTHER SERVICES, AND THE SOFTWARE ARE PROVIDED WITH ALL FAULTS, AND THE ENTIRE RISK AS TO COMPATABILITY WITH YOUR COMPUTER SYSTEMS, SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND EFFORT IS WITH THE USER.

TCN MAKES NO REPRESENTATION OR WARRANTY THAT THE GAME AND/OR SOFTWARE WILL OPERATE EITHER FULLY OR IN PART ON ANY SPECIFIC COMPUTER EQUIPMENT OR WITH ANY SPECIFIC SOFTWARE OR THAT IT IS FREE FROM VIRUSES OR ANYTHING ELSE WHICH MAY HAVE A HARMFUL EFFECT ON ANY TECHNOLOGY. TCN MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE INTERNET CONNECTION REQUIRED FOR YOU TO ACCESS THE SYSTEM AND THE GAME OR REGARDING ANY THIRD PARTY SOFTWARE THAT MAY BE REQUIRED FOR YOU TO PLAY THE GAME.

YOU MAY ACCESS THE SYSTEM THROUGH YOUR ACCOUNT AT TIMES SUBSTANTIALLY OF YOUR OWN CHOOSING, BUT WE CANNOT AND DO NOT PROMISE OR ENSURE THAT YOU WILL BE ABLE TO ACCESS YOUR ACCOUNT WHENEVER YOU WANT. THERE MAY BE FROM TIME TO TIME FAILURES TO HAVE ACCESS TO THE GAME AND SYSTEM AVAILABLE CONSISTENT WITH THE ORDINARY STANDARDS APPLICABLE TO THE ON-LINE INFORMATION SERVICES INDUSTRY, OR CAUSED BY SCHEDULED OR EMERGENCY DOWNTIME, REASONABLE NEEDS FOR MAINTENANCE, REPAIRS AND IMPROVEMENTS, REASONABLE FAILURES OF EQUIPMENT, COMPUTER PROGRAMS, AND COMMUNICATIONS NETWORKS OR DEVICES, AND EVENTS BEYOND TCN'S REASONABLE ABILITY TO CONTROL, AND TCN SHALL NOT BE LIABLE FOR BREACH OF WARRANTY OF THIS AGREEMENT IN SUCH EVENTS. YOU HEREBY UNDERSTAND, ACKNOWLEDGE AND AGREE THAT THERE IS NO GUARANTEE THAT THE GAME WILL BE AVAILABLE AT ALL TIMES OR THAT TCN SHALL CONTINUE OFFERING ACCESS TO ITS SYSTEM OR THE GAME ON A GOING-FORWARD BASIS. YOU SPECIFICALLY ACKNOWLEDGE THAT THE TIME YOU SPEND PLAYING THE GAME IS BEING DONE ONLY FOR PURPOSES OF THE BETA TEST AND YOUR ENTERTAINMENT, AND THAT YOU CLAIM NO INTEREST IN THE VALUE OF SUCH TIME AS REPRESENTED BY THE BUILDING UP OF YOUR CHARACTER AND/OR THE ITEMS YOUR CHARACTER ACCUMULATES DURING YOUR TIME PARTICIPATING IN THE BETA TEST AND PLAYING THE GAME. YOU FURTHER AGREE THAT YOU ARE NOT ENTITLED TO ANY REFUND OR OTHER COMPENSATION FOR THE PAST TIME YOU HAVE SPENT PARTICIPATING IN THE BETA TEST AND PLAYING THE GAME OR FOR THE REAL OR PROJECTED VALUE OF YOUR ACCOUNT WERE IT TO BE SOLD. NOR IS TCN LIABLE FOR ANY EMOTIONAL DISTRESS YOU MAY SUFFER AS A RESULT OF LOSS OF YOUR CHARACTERS AND/OR ACCOUNT IN THE EVENT THAT EITHER YOUR ACCOUNT OR THE GAME AS A WHOLE IS TERMINATED.

YOU ACKNOWLEDGE AND AGREE THAT IN NO EVENT SHALL TCN BE LIABLE TO YOU OR ANY THIRD PARTY FOR (I) ANY DAMAGES OF ANY TYPE CAUSED TO ANY COMPUTER SYSTEM OR OTHER PERSONAL PROPERTY, OR FOR PERSONAL INJURY, INCLUDING WITHOUT LIMITATION, DEATH, RESULTING FROM ACCESS TO, OR USE OF, THE GAME, THE SOFTWARE OR DOWNLOAD OF INFORMATION OR MATERIALS CONNECTED WITH THE GAME OR (II) ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL, RELIANCE, OR OTHER DAMAGES OR PENALTIES, INCLUDING WITHOUT LIMITATION, PERSONAL INJURY OR DEATH, LOSS OF PROFITS, OR LOST SAVINGS, INCOME, REVENUE, DATA OR USE, WHETHER IN AN ACTION IN CONTRACT OR TORT, INCLUDING WITHOUT LIMITATION NEGLIGENCE, OR OTHERWISE, ARISING OUT OF THIS AGREEMENT OR YOUR USE, MISUSE OF OR ACCESS TO THE GAME OR CONTENT RELATING TO IT, OR THE EXCHANGE OF INFORMATION WITH THE GAME, EVEN IF ANY THOSE PARTIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ASSUME ANY AND ALL RISK ASSOCIATED WITH THE ACCESS AND USE OF, OR EXCHANGE OF INFORMATION OR DATA WITH, THE GAME.

IN NO EVENT SHALL TCN'S CUMULATIVE LIABILITY FOR ANY DAMAGES, PENALTIES, OR LOSS, REGARDLESS OF THE FORM OF THE ACTION OR CLAIM UNDER THIS AGREEMENT, EXCEED THE AGGREGATE AMOUNT OF ONE HUNDRED U.S. DOLLARS ($100). IN THE EVENT ANY OF THE FOREGOING DISCLAIMERS OR LIMITATIONS ON LIABILITY ARE DECLARED TO BE VOID OR UNENFORCEABLE, THEN TCN'S LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAW.

THE WARRANTIES AND REMEDIES SET FORTH HEREIN ARE EXCLUSIVE AND IN LIEU OF ALL OTHERS, ORAL OR WRITTEN, EXPRESS OR IMPLIED. NO DISTRIBUTOR, AGENT OR EMPLOYEE OF TCN IS AUTHORIZED TO MAKE ANY MODIFICATIONS OR ADDITION TO THIS WARRANTY.

You represent and warrant that you are participating in this Beta Test and accessing and using the Game in compliance with all applicable laws and regulations of your jurisdiction and with the terms and conditions of this EUALA, and that all information provided to TCN or its designee by you in connection with this EUALA, including, without limitation, all registration information is true, correct and accurate. You must promptly provide TCN or its designee with an update in writing if any of your information changes.

Your use of the System and the Game, your access to your Account, your participation in the Beta Test and your entering into the Game constitutes your agreement to defend, indemnify and hold harmless TCN and its affiliated companies, employees, contractors, officers and directors from any claims, demands, damages and expenses, including reasonable attorney's fees, incurred directly or indirectly by TCN, arising out of or relating to your participation in the Beta Test, your use or misuse of the Game, your access to the System or your Account, your playing the Game, including a third party's use or misuse of your Account and/or Password, or any actual or alleged breach or non-performance by you of your representations, warranties or obligations hereunder. TCN shall have the right to retain counsel of its choice to defend any action or suit subject to your indemnification obligations hereunder, at your expense.

13. PHOTOSENSITIVITY SEIZURE WARNING

A very small percentage of users may experience seizures when exposed to certain light patterns or flashing lights. Exposure to certain patterns or backgrounds on a video monitor, or while playing video games attached to a television set, may induce an epileptic seizure. These conditions may induce previously undetected epileptic symptoms even in persons who have no history of prior seizures or epilepsy.

If you, or anyone in your family, have an epileptic condition, consult your physician prior to playing. If you experience any of the following symptoms while playing a video or computer game -- dizziness, altered vision, eye or muscle twitches, loss of awareness, disorientation, any involuntary movement, or convulsions -- IMMEDIATELY discontinue use and consult your physician before resuming play.

14. GOVERNING LAW; EXCLUSIVE FORUM AND DISPUTE RESOLUTION PROCEDURE

THE EUALA, AND THE RIGHTS AND OBLIGATIONS OF THE PARTIES HERETO, SHALL BE GOVERNED IN ALL RESPECTS BY THE INTERNAL LAWS OF THE STATE OF GEORGIA AS SUCH LAWS ARE APPLIED TO AGREEMENTS ENTERED INTO AND TO BE PERFORMED ENTIRELY WITHIN GEORGIA BETWEEN GEORGIA RESIDENTS, BUT WITHOUT REGARD TO THE CONFLICTS OF LAWS PRINCIPLES OF GEORGIA LAW. THE UN CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS IS EXPRESSLY DISCLAIMED.

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE SOLE AND EXCLUSIVE FORUM FOR RESOLVING ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THE EUALA, OR OTHERWISE RELATING TO ANY RIGHTS IN, ACCESS TO OR USE OF, THE SYSTEM, THE GAME, GAME CONTENT, USER CONTENT AND/OR THE RIGHTS AND OBLIGATIONS OF THE PARTIES HERETO SHALL BE BINDING ARBITRATION, UNDER THE AMERICAN ARBITRATION ASSOCIATION ("AAA") COMMERCIAL ARBITRATION RULES, THEN IN EFFECT. THE PARTIES ALSO AGREE THAT THE AAA OPTIONAL RULES FOR EMERGENCY MEASURES OF PROTECTION SHALL ALSO APPLY TO THE PROCEEDINGS. JUDGMENT ON THE AWARD RENDERED BY THE ARBITRATORS MAY BE ENTERED IN ANY COURT HAVING JURISDICTION THEREOF. IN THE EVENT THAT THIS PARAGRAPH IS HELD INVALID OR UNENFORCEABLE, THE REMAINING PORTIONS OF THIS SECTION SHALL REMAIN IN FULL FORCE AND EFFECT.

IN THE EVENT THAT YOU INITIATE AN ARBITRATION PROCEEDING AGAINST TCN, IF YOU INITIATE THAT ARBITRATION IN ATLANTA GEORGIA, THEN TCN AGREES TO PAY ONE-HALF (1/2) OF THE INITIAL COSTS OF BRINGING THAT ACTION, SUBJECT TO RECOUPMENT AT THE END OF THE ARBITRATION IN THE EVENT THAT THE ARBITRATORS DO NOT AWARD YOU THE AMOUNT OF DAMAGES SPECIFIED IN YOUR CLAIM. IN THE EVENT THAT YOU INITIATE AN ARBITRATION PROCEEDING IN ANY OTHER FORUM, YOU WILL BE REQUIRED TO PAY THE FULL AMOUNT OF THE ARBITRATION FEE, IN LIGHT OF THE COSTS TCN WILL BE REQUIRED TO INCUR IN DEFENDING AN ACTION IN A FOREIGH JURISDICTION. IN THE EVENT THAT THIS PARAGRAPH IS HELD INVALID OR UNENFORCEABLE, THE REMAINING PORTIONS OF THIS SECTION SHALL REMAIN IN FULL FORCE AND EFFECT.

15. RELATIONSHIP BETWEEN THE PARTIES FOR PURPOSES OF THE BETA TEST

15.1 If you are not an employee of TCN or any of its parents, subsidiaries or affiliated entities:

It is understood and agreed that your participation in the Beta Test is voluntary and that your relationship with TCN will be that of an independent tester, and nothing in this EUALA shall be construed to create a partnership, joint venture, or employer-employee relationship with TCN or any of its parents, subsidiaries or affiliated entities. You agree that you will use your own equipment and participate in the Beta Test at your own premises. TCN will provide support to you, in its sole discretion, as TCN deems reasonable. You further acknowledge and agree that you are not considered an employee of TCN or any of its parents, subsidiaries or affiliated entities, and that you will not be entitled to any benefits which TCN, or any of its parents, subsidiaries or affiliated entities, may make available to its employees, including without limitation, vacation pay, sick leave, insurance programs, including group health insurance or retirement benefits. In addition, you acknowledge and agree that as a voluntary independent tester, you will not be eligible to recover worker's compensation in the event of any injury incurred as a result of your participation in the Beta Test.

15.2 If you are an employee of TCN or any of its parents, subsidiaries or affiliated entities:

It is understood and agreed that your participation in the Beta Test is voluntary and that your relationship with TCN, for purposes of your participation in the Beta Test, will be that of an independent tester, and nothing in this EUALA shall be construed to create a partnership, joint venture, or employer-employee relationship with TCN or any of its parents, subsidiaries or affiliated entities as a results of your participation in the Beta Test (even though you an employee of TCN or any of its parents, subsidiaries or affiliated entities for other purposes). You agree that you will use your own equipment and participate in the Beta Test at your own premises. TCN will provide support to you, in its sole discretion, as TCN deems reasonable. You further acknowledge and agree that you are not considered an employee of TCN, or any of its parents, subsidiaries or affiliated entities, for purposes of your participation in the Beta Test (even though you are an employee of TCN or any of its parents, subsidiaries or affiliated entities for other purposes), and that you will not be entitled, by virtue of your participation in the Beta Test, to any benefits which TCN, or any of its parents, subsidiaries or affiliated entities, may make available to its employees, including without limitation, vacation pay, sick leave, insurance programs, including group health insurance or retirement benefits. In addition, you acknowledge and agree that as a voluntary independent tester, you will not be eligible to recover worker's compensation in the event of any injury incurred as a result of your participation in the Beta Test (even though you are an employee of TCN, or any of its parents, subsidiaries or affiliated entities, for other purposes).

16. MISCELLANEOUS

You acknowledge and agree that any breach or threatened breach by you of this EUALA may result in immediate and irreparable damage to TCN or its licensors or designees for which there is no adequate remedy at law, and in such event TCN, its designee or its licensors, as applicable, shall be entitled to appropriate equitable relief, including, without limitation, injunctive relief, without the necessity of posting bond or other security.

You acknowledge that you have read this entire EUALA and that this EUALA constitutes the entire understanding and contract between you and TCN and supersede all prior oral and written communications regarding the subject matter. Notwithstanding the foregoing, in the event that you are provided with the opportunity to play the Game in the future following launch, you acknowledge and agree that there will be additional agreements related to your subscription to and/or use of the Game, the terms of which shall supersede this EUALA to the extent there is a conflict between them.

The Game, or parts of it, may be provided, hosted, serviced or maintained by one or more third parties. Neither TCN nor any such third party shall have any obligation to correct any bugs, defects or errors in any part of the Game or otherwise to support, update or maintain any part of the Game. TCN or its designee may elect to provide support coverage solely for authorized Beta Testers of the Game using support tools that TCN or its designee may decide to provide from time to time, in its sole discretion.

You shall comply with all applicable laws regarding your access to and use of the System, use of the Software, access to your Account and playing of the Game. Without limiting the foregoing, you may not download, use or otherwise export or re-export any part of the information accessible through the System or the Software except in full compliance with this EUALA and all applicable laws and regulations. By this EUALA you acquire no express or implied rights in or to use TCN's or its supplier's tradenames, trademarks or servicemarks.

If any part of the EUALA is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties expressed in the EUALA, and the remaining portions shall remain in full force and effect.

Except as otherwise provided herein, you may not assign or transfer this agreement or your rights hereunder, and any attempt to the contrary is void. This agreement sets forth the entire understanding and agreement between us and you with respect to the subject matter hereof. Except as provided above, or in a writing signed by both parties, this agreement may not be modified or amended.

This EUALA was last updated and posted on this website on November 29, 2007.