THE COSMIC RIFT, INFANTRY AND TANARUS ENDUSER AGREEMENT AND SOFTWARE LICENSE

THIS AGREEMENT DESCRIBES THE TERMS ON WHICH SONY ONLINE ENTERTAINMENT LLC ("SOE") OFFERS YOU ACCESS TO AN ACCOUNT (THE "ACCOUNT") TO PLAY COSMIC RIFT, INFANTRY OR TANARUS (THE "GAME" OR, COLLECTIVELY, “GAMES”). BY PRESSING THE "I ACCEPT" BUTTON, YOU ACCEPT THE TERMS AND CONDITIONS BELOW. BY PRESSING THE "DECLINE" BUTTON, YOU DECLINE THESE TERMS AND CONDITIONS AND WILL NOT BE ABLE TO PLAY THE GAME(S). If you have any questions regarding these terms and conditions, please contact customer service at accounts@soe.sony.com

1. Accounts are available only to adults or, in their discretion, their minor child. If you are a minor, your parent(s) or guardian(s) must complete the registration process, in which case they will take full responsibility for all obligations under this Agreement. By clicking the "I Accept" button, you represent that you are an adult and are accepting this Agreement either on behalf of yourself or your child. You may not transfer or share your Account with anyone, except that if you are a parent or guardian, you may permit one child to use the Account instead of you (in which case you may not use that Account). You are solely responsible and liable for all activities conducted through the Account and for the security of your computer system, and parents or guardians are liable for the activities of their child. Corporations and other entities are not eligible to procure Accounts.

2. To play the Game(s), you must (a) download the software required for the Game(s) (the "Software"), and (b) have an Internet connection (which we do not provide) to access your Account. You are responsible for all hardware, software, service and other costs you incur to access your Account, including, without limitation, any internet service provider fees. Neither this Agreement nor your Account entitles you to any subsequent releases of the Software nor to any expansion packs, sequels 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.

3. We may amend this Agreement at any time in our sole discretion. Amendments shall be communicated to you at the time you log into your Account. Such amendments shall be effective whenever we make the notification available for your review.

4. Upon registration, you must select a password. You may not disclose your password to any third party. We never ask you for your password by telephone or email, and you should not disclose it this way if someone asks you to do so.  Although we may offer a feature that allows you to "save" or "remember" your password on your hard drive, please note that third parties may be able to access your computer and thus your Account. You agree not to disclose your password to any third party. You agree to indemnify and hold SOE and its affiliated companies, officers, directors, employees and agents harmless from any improper or illegal use of your Account, including, without limitation, arising from your disclosure of your password to a third party or your allowing someone else to use your Account. Your Account may be subject to suspension or termination if you let someone else use it inappropriately or if you or anyone else using your Account violates this Agreement, any Game(s) rules of conduct, or The Station Terms of Service, located at a hotlink at http://www.station.sony.com/termsofservice.vm which are incorporated herein, and may be changed by SOE at any time.

5. We may suspend and/or terminate this Agreement (including your Software license and your Account) immediately and without notice if you breach this Agreement, The Station Terms of Service or infringe any third party intellectual property rights or other proprietary rights, or if we are unable to verify or authenticate any information you provide to us, or upon gameplay, chat or any activity whatsoever which is, in our sole discretion, inappropriate and/or in violation of the spirit of the Game(s), including as may be set forth in the player rules of conduct, which may be posted at http://services.station.sony.com/en/procedures.jsp. The player rules of conduct are subject to change at any time, in our sole discretion. If we terminate this Agreement under these circumstances, you will lose access to your Account. We may also terminate this Agreement if we decide, in our sole discretion, to discontinue offering the Game(s).

6. Subject to the terms of this Agreement, we hereby grant to you a non-exclusive, non-transferable, non-sublicensable license to use the Software solely in connection with playing the Game(s) via an authorized Account. The Game(s)s also may include certain features that enable you to create custom content, such as character features, maps, etc. (“Custom Content”) for your non-commercial use with the Games. All Custom Content is part of the Game(s) as defined herein. You may not copy (except to make one necessary back-up copy), distribute, rent, lease, loan, modify or create derivative works (other than Custom Content to be solely used by you with the Game(s)), adapt, translate, perform, display, commercially exploit, sublicense or transfer the Software. You may not reverse engineer, disassemble or decompile the Software except to the extent that this restriction is expressly prohibited by applicable law. The Software may contain license management software that restricts your use of the Software.

7. We and our suppliers shall retain ownership of all intellectual property rights relating to or residing in the Software, documentation and the Game(s). The Software is a "commercial item."

8. You may not use any third party software, programs, applications or utilities to modify the Software to change or otherwise affect, alter or modify play of the Game(s). You may not use our intellectual property rights contained in the Game(s) or the Software to create or provide any other means through which the Game(s) may be played by others, as through server emulators. You may not take any action that imposes an unreasonable or disproportionately large load on our infrastructure, or that interferes with the operation of our server(s). You may not sell, attempt to sell, purchase, attempt to purchase, auction or facilitate the purchase, sale or auction of any accounts, items, coin or copyrighted material relating to the Game(s).

9. To obtain an Account, you will be required to choose both a login name and a player name. While you are encouraged to use a pseudonym (or alias), especially if you are a minor, you may not pick a name that violates anyone's trademarks, trade names, service marks, publicity rights or other proprietary rights or pick a name that is offensive, as determined by SOE.

10. As part of your Account, you can upload content to our servers in various forms, such as in the selections you make for the Game(s) and in chat rooms and similar user-to-user areas (collectively, your "Content"). Your Content, and any Custom Content, shall not: (a) infringe any third party intellectual property, other proprietary or publicity/privacy rights; (b) violate any law, rule or regulation; (c) be defamatory, obscene, offensive, sexually explicit, vulgar, abusive, child pornographic or harmful to minors, objectionable (in a reasonable person's view) or threaten; or (d) make available, bring to the attention of others or contain any hacking programs, viruses, trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to or actually damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information. We may take any action with respect to your Content if we believe your Content may be harmful to others or create liability for us or may cause us to lose (in whole or in part) the services of our internet service providers or other suppliers. You hereby grant to us a worldwide, perpetual, irrevocable, royalty-free, transferable, sublicenseable (through multiple tiers) right to exercise all intellectual property rights, in any media now known or not currently known, associated with your Content and the Custom Content.

11. SOE has no obligation to monitor or supervise your communications and chat on and in connection with the Game(s), and expressly disclaims any representation that it will monitor or supervise them, but also expressly reserves the right, and you expressly assent to SOE's right, to monitor or supervise such communications in SOE's sole discretion. You acknowledge that any and all character data is stored and is resident on our servers, and any and all communications that you make within the Game(s) (including, but not limited to, messages solely directed at another player or group of players) traverse through our servers, may or may not be monitored by us or our agents and you have no expectation of privacy in any such communications and expressly consent to such monitoring of communications you send and receive. Accordingly, you acknowledge that the Game(s) and associated communication features are forums for public and not private communications. Whether or not   you are  a resident of the United States, you nonetheless acknowledge and agree that we may transfer Game information (including, without limitation, your personally identifiable information and personal data) to the United States or other countries or may share such information with our licensees and agents in connection with the Game(s). The Game(s) may incorporate third party ad serving technology from third parties. This technology, if used by SOE and provided to you, enables certain advertising to be temporarily uploaded to your computer system and replaced in-game while connected online. As part of that process, neither SOE nor the third party ad-serving company collects any personally identifiable information about you and only temporarily logs select non-personally identifiable information (such as IP address). No logged information is used by such third parties to determine any personally identifiable information about you.

We cannot ensure that your communications and other personally identifiable information will not be disclosed to third parties. For example, we may be forced to disclose information to the government, law enforcement or third parties under certain circumstances, or third parties may unlawfully intercept or access transmissions or communications. Additionally, we can (and you 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 problems or inquiries, including the enforcement of this Agreement. Furthermore, if you request any technical support, you consent to our remote accessing and review of the computer on which you load the Software 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(s), the Software and any services or software which may in the future be provided by us or on our behalf. You may choose to visit www.station.sony.com, the web site of Sony Online Entertainment LLC ("The Station"), if The Station offers services such as Game theme chat rooms or other services of interest to you. You are subject to The Station Terms of Service, terms and conditions, rules of conduct, privacy customs and policies of SOE described on The Station and which are incorporated herein by this reference. Since we do not control other websites and/or privacy policies of third parties, different rules may apply to their use or disclosure of the personal information you disclose to others. Solely for the purpose of patching, updating, modifying and enhancing the Game(s) (whether such patches, updates, modifications and enhancements are included with the Game(s) or are sold separately), and ensuring the integrity of the Game(s), you hereby grant us permission to (i) upload Game and Game-related file information and data from the Game(s) directory and (ii) download Game(s) files and Game-related data to you.

12. WE PROVIDE THE SOFTWARE, THE ACCOUNT, THE GAME(S) AND ALL OTHER SERVICES "AS IS." WE AND OUR SUPPLIERS EXPRESSLY DISCLAIM ALL WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Without limiting the foregoing, we do not ensure continuous, uninterrupted, reliable, error-free, secure or virus-free operation of the Software, the Game(s) or your Account or continued operation or availability of any given server or Game feature, skill, character class or race, art, graphics, items, abilities, zones or other content. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights which vary from state to state.

We are not liable for any delay or failure to perform resulting from any causes beyond our reasonable control. Further, we cannot and do not promise or ensure that you will be able to access your Account whenever you want, and there may be extended periods of time when you cannot access your Account.  You agree to indemnify, defend and hold harmless SOE, SOE's affiliated companies, licensors and suppliers, and all of their respective officers, directors, owners, agents, employees, information providers, affiliates, licensors, designees and licensees (collectively, "Indemnified Parties") from and against any and all liability and costs including, without limitation, attorneys' fees and costs, incurred by the Indemnified Parties in connection with any claim arising out of (i) any breach by you of this Agreement or the foregoing representations, warranties and covenants or (ii) your use of the Game(s) and any other hardware or software required or used to play the Game(s), including use of or access to the internet.  You assume the entire risk as to the results and performance of the Software and the Game(s) in connection with your hardware and software, and you assume the entire cost of all servicing, repair and/or correction of your hardware and software.  THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE GAME(S) REMAINS WITH THE USER.

13. IN NO EVENT SHALL WE, OUR PARENT, OUR AFFILIATES OR OUR SUPPLIERS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY LOST PROFITS, DATA, INFORMATION OR REVENUES OR DIRECT, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES (HOWEVER ARISING, INCLUDING NEGLIGENCE) ARISING OUT OF, IN CONNECTION WITH OR RESULTING FROM POSSESSION, USE, INABILITY TO USE, FAILURE TO PERFORM, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER OR OTHER VIRUS, COMMUNICATION LINE FAILURE, THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF OR MALFUNCTION OF THE GAME(S), SOFTWARE, YOUR ACCOUNT, THIS AGREEMENT OR THE DOWNLOADING OF ANY SOFTWARE OWNED OR OPERATED BY US OR ANY THIRD PARTY, INCLUDING, WITHOUT LIMIATION, DAMAGE TO PROPERTY AND—TO THE EXTENT PERMITTED BY APPLICABLE LAW—DAMAGES FOR PERSONAL INJURY, EVEN IF WE, OUR LICENSORS AND EACH OF OUR RESPECTIVE AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSS.  OUR LIABILITY TO YOU OR ANY THIRD PARTIES IS LIMITED TO $50. YOU AGREE TO WAIVE ANY RIGHT TO EQUITABLE RELIEF INCLUDING, WITHOUT LIMITATION, INJUNCTIVE RELIEF AGAINST SOE, ITS LICENSORS, THEIR PARENTS OR AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS TO ENFORCE THE TERMS HEREOF; HOWEVER, THE FOREGOING SHALL NOT PRECLUDE SOE AND/OR ITS LICENSORS FROM SEEKING ANY INJUNCTIVE RELIEF. Some states do not allow the foregoing limitations of liability, so they may not apply to you.

14. You shall comply with all applicable laws, rules and regulations regarding your use of the Software, your access to your Account and your playing of the Game(s). Without limiting the foregoing, you may not download, use or otherwise export or re-export the Software except in full compliance with all applicable laws and regulations, including, without limitation, the law of the United States.   The Game(s) may NOT be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders (including, but not limited to, the Denied Persons List).By downloading, installing and/or using the Game, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

15. This Agreement is governed in all respects by the laws of the State of California as such laws are applied to agreements entered into and to be performed entirely within California between California residents. The UN Convention on Contracts for the International Sale of Goods is expressly disclaimed. Both parties submit to personal jurisdiction in California and further agree that any cause of action relating to this Agreement shall be brought in a court in San Diego County, California (if under State law) or the Southern District of California (if under federal law). If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. 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, this Agreement may not be amended except in a writing signed by both parties.

16. All services hereunder are offered by Sony Online Entertainment Inc., located at 8928 Terman Court, San Diego, California 92121. Our phone number is (858) 577-3100. Current rates for using the Game(s) may be obtained from https://store.station.sony.com/subscriptions/index.jsp, and such rates are subject to change at any time. If you are a California resident, you may have this same information emailed to you by sending a letter to the foregoing address with your email address and a request for this information.

The Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs may be contacted in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.

Parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. If you are interested in learning about these protections, information is available at http://www.worldvillage.com/wv/school/html/control.htm or other similar sites providing information on such protections.