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Virtual Battlegrounds

Terms of Use

VIRTUAL BATTLEGROUNDS END USER LICENSE AGREEMENT This End User License Agreement (“Agreement”) applies to the game software (“Game”) provided by CYBERDREAM LLC (“Owner”). Acceptance of Terms and Conditions By continuing to use the Game, you agree as follows: • You understand and intend that this Agreement is a legally binding agreement and the equivalent of a signed, written contract; • You will use the Game in a manner consistent with applicable laws and regulations and in accordance with the terms and conditions in this Agreement, which may be amended by Owner from time to time; and • You understand, accept, and have received this Agreement and its terms and conditions, and you acknowledge and demonstrate that you can access this Agreement. If you do not agree with the terms and conditions in this Agreement, please discontinue all further use of the Game. Limited License to Game Owner grants you a single, non-exclusive, non-transferable and limited personal license to access and use the Game. This license is conditional upon on your continued compliance with the terms and conditions in this Agreement. You may not rent, lease, lend, sell, transfer redistribute, or sublicense the Game, and if you sell, or otherwise transfer, a device on which the Game is installed, you must remove access to the Game from such device. You may not copy, decompile, reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Game, any updates, or any part thereof (except as and only to the extent that any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open-sourced components included with the Game). Electronic Signatures You agree to be bound by any affirmance, assent, or agreement you transmit to Owner using the Game, including, but not limited to, any consent you give to receive communications from Owner solely through electronic transmission. You agree that, when in the future you click on an “I agree,” “I consent,” or other similarly worded “button or entry field” in the Game, your agreement or consent will be legally binding and enforceable and the legal equivalent of your handwritten signature. Usage Restrictions The following requirements apply to your use of the Game: • You will not use any electronic communication feature of the Game for any purpose that is unlawful, tortious, abusive, intrusive on another’s privacy, harassing, libelous, defamatory, embarrassing, obscene, threatening, or hateful. • You will not advertise or exploit the Game commercially without written consent from CYBERDREAM LLC • You will not make copies of the Game except (1) copy of Game for backup purposes. • You may not sell, rent, distribute, or transfer any part of the Game. • You agree to not reverse engineer, modify, or disassemble source code of Game. • You will not impersonate any person, business of entity, including CYBERDREAM LLC. • You will not transmit or facilitate the transmission of any electronic virus, corrupted data, trojan horse, keystroke logger, malware, or any other computer programing routine intended to interfere or damage Game or another users experience with Game. Trademarks and Copyrights The Game is owned by Owner and is protected by United States copyright laws and international treaty provisions. All content, trademarks, services marks, trade names, logos, and icons are proprietary to Owner or its affiliates or agents. Nothing contained in the Game should be construed as granting, by implication, estoppel, or otherwise, any license or right to use of any trademark displayed in the Game without the written permission of Owner or such third party that may own the trademarks displayed in the Game. Your use of the trademarks displayed in the Game, or any other content in the Game, except as provided herein, is strictly prohibited. Images displayed through the Game are either the property of, or used with permission by, Owner or its affiliates or agents. You are prohibited from using or authorizing the use of these images unless specifically permitted under the Agreement. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, or other regulations and statutes. Disclaimer of Warranties YOUR USE OF THE GAME IS ENTIRELY AT YOUR SOLE RISK. THE GAME IS PROVIDED BY OWNER ON AN “AS IS” BASIS. OWNER EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON INFRINGEMENT. OWNER MAKES NO WARRANTY THAT (i) THE GAME WILL MEET YOUR REQUIREMENTS, (ii) THAT OPERATION OF THE GAME WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE GAME WILL BE ACCURATE OR RELIABLE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM OWNER, OR THROUGH THE GAME, SHALL CREATE ANY WARRANTY REGARDING THE GAME NOT EXPRESSLY STATED IN THIS AGREEMENT. Limitation of Liability YOU EXPRESSLY UNDERSTAND AND AGREE THAT OWNER SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF OWNER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM THE USE OR THE INABILITY TO USE THE GAME OR ANY OTHER MATTER RELATING TO THE GAME. Indemnification You agree to indemnify and hold Owner and its affiliates, agents, employees, and licensors harmless from any claim, demand, loss, costs, or expense, including attorneys’ fees, made by any person arising out of your violation of this Agreement, State or Federal Securities Laws or regulations, or any other person’s rights, including, but not limited to, infringement of any copyright or violation of any proprietary or privacy right. Under no circumstances, Page 4 of 4 LexisNexis(R) Forms FORM 240-3B.70F John Laster including but not limited to a negligent act, will Owner or its affiliates or agents be liable for any damages of any kind that result from the use of, or the inability to use, the Game. Governing Law The Agreement, and all future agreements you shall enter into with Owner, unless otherwise indicated on such other agreement, shall be governed by the law of the State of Florida, without regard to conflicts of law principles thereof. This is the case regardless of whether you reside or transact business with Owner or any of its affiliates or agents in the State of Florida or elsewhere. Unless a dispute would be governed by an applicable arbitration clause, you agree to submit to the personal and exclusive jurisdiction of the courts located within the State of Florida. If any part of this Agreement is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. Miscellaneous This Agreement constitutes the entire agreement between you and Owner regarding the Game and governs your use of the Game, superseding any prior agreements between you and Owner regarding the Game. If any provision of this Agreement shall be held invalid under law, such invalidity shall not affect any other provision or provisions hereof which are otherwise valid. The failure of Owner to enforce any provision in this Agreement shall not constitute a waiver of such provision or any other provision.

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