TecStar Games, 3D Social Network
TERMS OF USE AGREEMENT
Last Updated February 12, 2011

YOU SHOULD CAREFULLY READ THE FOLLOWING 3D Social Network TERMS OF USE AGREEMENT (THE 'TERMS OF USE' OR 'AGREEMENT'). IF YOU DO NOT AGREE WITH ALL OF THE TERMS OF THIS AGREEMENT, YOU MUST CLICK 'REJECT.' IF YOU REJECT THIS AGREEMENT WITHIN THIRTY (30) DAYS AFTER FIRST PURCHASING A LICENSE TO THE 3D Social Network SOFTWARE, YOU MAY EMAIL info@tecstargames.com TO REQUEST A FULL REFUND OF THE PURCHASE PRICE. ONCE YOU AGREE TO THESE TERMS OF YOU WILL NO LONGER BE ELIGIBLE FOR A REFUND.

Welcome to Tecstar Games, LLC ('Tecstar Games'), 3D Social Network (the 'Game'). The Game includes two components: (a) the software program along with any accompanying materials or documentation (collectively, the 'Game Client'), and (b) Tecstar Games proprietary 3D Social Network online service (the 'Service'). Your use of the Game Client is subject to the 3D Social Network End User License Agreement (the 'EULA'). Your use of the Service is subject to this Terms of Use, incorporated herein by this reference. You must accept the EULA and the Terms of Use prior to playing the Game.

You must register a user and obtain game time to play the Game.The Game is available for use only by authorized end users in accordance with the terms of the Tecstar Games Agreements. Any use, reproduction, modification or distribution of the Game not expressly authorized by the terms of the Tecstar Games Agreements is expressly prohibited.

Grant of a Limited License to Use the Service Subject to your agreement to and continuing compliance with the Tecstar Games Agreements, you may use the Service solely for your own non-commercial entertainment purposes by accessing it with an authorized, unmodified Game Client. You may not use the Service for any other purpose, or in connection with any other software.

Additional License Limitations.
The license granted to you in Section 1 is subject to the limitations set forth in Sections 1 and 2 (collectively, the 'License Limitations'). Any use of the Service or the Game Client in violation of the License Limitations will be regarded as an infringement of Tecstar Games copyrights in and to the Game. You agree that you will not, under any circumstances:

A. use cheats, automation software (bots), hacks, mods or any other unauthorized third-party software designed to modify the 3D Social Network experience;

B. exploit the Game or any of its parts, including without limitation the Service, for any commercial purpose.

C. use any unauthorized third-party software that intercepts, 'mines,' or otherwise collects information from or through the Game or the Service, including without limitation any software that reads areas of RAM used by the Game to store information about a character or the game environment; provided, however, that Tecstar Games may, at its sole and absolute discretion, allow the use of certain third party user interfaces;

D. modify or cause to be modified any files that are a part of the Game Client or the Service in any way not expressly authorized by Tecstar Games;

E. host, provide or develop matchmaking services for the Game or the Service, or intercept, emulate or redirect the communication protocols used by Tecstar Games in any way, for any purpose, including without limitation unauthorized play over the internet, network play, or as part of content aggregation networks;

F. facilitate, create or maintain any unauthorized connection to the Game or the Service, including without limitation (a) any connection to any unauthorized server that emulates, or attempts to emulate, the Service; and (b) any connection using programs or tools not expressly approved by Tecstar Games;

G. violate any applicable law or regulation in connection with your use of the Game Client or the Service; or

H. disrupt or assist in the disruption of (i) any computer used to support the Service (each a 'Server'); or (ii) any other player's Game experience. ANY ATTEMPT BY YOU TO DISRUPT THE SERVICE OR UNDERMINE THE LEGITIMATE OPERATION OF THE GAME CLIENT MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS.

Eligibility.

You represent that you are an adult in your country of residence.

Ownership.

All rights and title in and to the Service (including without limitation any user accounts, titles, computer code, themes, objects, characters, character names, stories, dialogue, catch phrases, locations, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, methods of operation, moral rights, any related documentation, 'applets,' transcripts of the chat rooms, character profile information, recordings of games) are owned by Tecstar Games or its licensors. The Game and the Service are protected by United States and international laws, and may contain certain licensed materials in which Tecstar Games licensors may enforce their rights in the event of any violation of this Agreement.

No Ownership Rights in Account.

NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, YOU ACKNOWLEDGE AND AGREE THAT YOU SHALL HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN ANY ACCOUNT STORED OR HOSTED ON A TECSTAR GAMES SYSTEM, INCLUDING WITHOUT LIMITATION ANY ACCOUNT, AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT ALL RIGHTS IN AND TO SUCH ACCOUNTS ARE AND SHALL FOREVER BE OWNED BY AND INURE TO THE BENEFIT OF TECSTAR GAMES.

Account Suspension/Deletion.

TECSTAR GAMES MAY SUSPEND, TERMINATE, MODIFY, OR DELETE ANY ACCOUNT AT ANY TIME FOR ANY REASON OR FOR NO REASON, WITH OR WITHOUT NOTICE TO YOU. For purposes of explanation and not limitation, most account suspensions, terminations and/or deletions are the result of violations of this Terms of Use or the EULA.

Code of Conduct.

As with all things, your use of the Game is governed by certain rules. These rules (the '3D Social Network Code of Conduct'), maintained and enforced exclusively by Tecstar Games, must be adhered to by all players. It is your responsibility to know, understand and abide by this 3D Social Network Code of Conduct. The following rules are not meant to be exhaustive, and Tecstar Games reserves the right to determine which conduct it considers to be outside the spirit of the Game and to take such disciplinary measures as it sees fit up to and including termination and deletion of the Account. Tecstar Games reserves the right to modify this Code of Conduct at any time.

A: Rules Related to Usernames.

Each user will either select a character name. When you choose a character name, or otherwise create a label that can be seen by other players using the Game or the Service, you must abide by the following guidelines as well as the rules of common decency. If Tecstar Games finds such a label to be offensive or improper, it may, in its sole and absolute discretion, change the name, remove the label and corresponding chat room, and/or suspend or terminate your use of the Service. In particular, you may not use any name:

(i) Belonging to another person with the intent to impersonate that person, including without limitation a 'Game Master' or any other employee or agent of Tecstar Games;

(ii) That incorporates vulgar language or which are otherwise offensive, defamatory, obscene, hateful, or racially, ethnically or otherwise objectionable;

(iii) Subject to the rights of any other person or entity without written authorization from that person or entity;

(iv) That belongs to a popular culture figure, celebrity, or media personality;

(v) That is, contains, or is substantially similar to a trademark or service mark, whether registered or not;

(vi) Belonging to any religious figure or deity;

(vii) Taken from Tecstar Games's products.

(viii) Related to drugs, sex, alcohol, or criminal activity;

(ix) Comprised of partial or complete sentence (e.g., 'Inyourface', 'Welovebeef', etc);

(x) Comprised of gibberish (e.g., 'Asdfasdf', 'Jjxccm', 'Hvlldrm');

(xi) Referring to pop culture icons or personas (e.g. ' 'Britneyspears', 'Austinpowers', 'Batman')

(xii) That utilizes 'Leet' or 'Dudespeak' (e.g., 'Roflcopter', 'xxnewbxx', 'Roxxoryou')

(xiii) That incorporates titles. For purposes of this subsection, 'titles' shall include without limitation 'rank' titles (e.g. , 'CorporalTed,' or 'GeneralVlad'), monarchistic or fantasy titles (e.g., 'KingMike', 'LordSanchez'), and religious titles (e.g., 'ThePope,' or 'Reverend Al'). You may not use a misspelling or an alternative spelling to circumvent the name restrictions listed above, nor can you have a 'first' and 'last' name that, when combined, violate the above name restrictions.

B. Rules Related to 'Chat' and Interaction With Other Users. Communicating in-game with other Users and Tecstar Games representatives, whether by text, voice or any other method, is an integral part of the Game and the Service and is referred to here as 'Chat.' When engaging in Chat, you may not:

(i) Transmit or post any content or language which, in the sole and absolute discretion of Tecstar Games, is deemed to be offensive, including without limitation content or language that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, hateful, sexually explicit, or racially, ethnically or otherwise objectionable, nor may you use a misspelling or an alternative spelling to circumvent the content and language restrictions listed above;

(ii) Carry out any action with a disruptive effect, such as intentionally causing the Chat screen to scroll faster than other users are able to read, or setting up macros with large amounts of text that, when used, can have a disruptive effect on the normal flow of Chat;

(iii) Disrupt the normal flow of dialogue in Chat or otherwise act in a manner that negatively affects other users including without limitation posting commercial solicitations and/or advertisements for goods and services available outside of the 3D Social Network universe;

(iv) Sending repeated unsolicited or unwelcome messages to a single user or repeatedly posting similar messages in a Chat area, including without limitation continuous advertisements to sell goods or services;

(v) Communicate or post any user's personal information in the Game, or on websites or forums related to the Game, except that a user may communicate his or her own personal information in a private message directed to a single user;

(vi) Harass, threaten, stalk, embarrass or cause distress, unwanted attention or discomfort to any user of the Game;

(vii) Participate in any action that, in the sole and absolute opinion of Tecstar Games, results or may result in an authorized user of the Game being 'scammed' or defrauded out of any other items that user has earned through authorized game play in the Game;

(viii) Impersonate any real person, including without limitation any 'game master' or any other Tecstar Games agent or employee, nor may you communicate in the Game in any way designed to make others believe that your message constitutes a server message or was otherwise posted by any Tecstar Games agent or employee.

C. Rules Related to Game Play. Game play is what 3D Social Network is all about, and Tecstar Games strictly enforces the rules that govern game play. Certain acts go beyond what is 'fair' and are considered serious violations of these Terms of Use. Those acts include, but are not necessarily limited to, the following:

(i) Using or exploiting errors in design, features which have not been documented, and/or 'program bugs' to gain access that is otherwise not available, or to obtain a competitive advantage over other players;

(ii) Conduct prohibited by the EULA or elsewhere in these Terms of Use; and

(iii) Anything that Tecstar Games considers contrary to the 'essence' of the Game.

Ownership/Selling of the Account or Virtual Items.

Tecstar Games does not recognize the transfer of 3D Social Network Accounts (an 'Account'). You may not purchase, sell, gift or trade any Account, or offer to purchase, sell, gift or trade any Account, and any such attempt shall be null and void. Tecstar Games owns, has licensed, or otherwise has rights to all of the content that appears in the Game. You agree that you have no right or title in or to any such content, including without limitation the virtual goods or currency appearing or originating in the Game, or any other attributes associated with any Account. Tecstar Games does not recognize any purported transfers of virtual property executed outside of the Game, or the purported sale, gift or trade in the 'real world' of anything that appears or originates in the Game. Accordingly, you may not sell in-game items or currency for 'real' money, or exchange those items or currency for value outside of the Game.

Changes to the Terms of Use or the Game.

Tecstar Games reserves the right, at its sole and absolute discretion, to change, modify, add to, supplement or delete, at any time, any of the terms and conditions of this Agreement, any feature of the Game or the Service, hours of availability, content, data, software or equipment needed to access the Game or the Service, effective with or without prior notice; provided, however, that material changes to this Terms of Use Agreement will not be applied retroactively. If any future changes to this Agreement are unacceptable to you or cause you to no longer be in compliance with this Agreement, you must terminate, and immediately stop using, the Game. Your continued use of the Game following any revision to this Agreement constitutes your complete and irrevocable acceptance of any and all such changes. Tecstar Games may change, modify, suspend, or discontinue any aspect of the Game at any time. Tecstar Games may also impose limits on certain features or restrict your access to parts or all of the Game without notice or liability.

Termination.

This Agreement is effective until terminated. You may terminate this Agreement by deleting the Game Client and terminating all 3D Social Network Accounts registered to you. In the event that you terminate or breach this Agreement, you will forfeit your right to any and all payments you may have made for pre-purchased game access to 3D Social Network. You acknowledge and agree that you are not entitled to any refund for any amounts which were pre-paid prior to any termination of this Agreement. Tecstar Games may terminate this Agreement (and your access to the Game) with or without notice for any reason, or for no reason. The provisions of Sections 4, 5, 8, 11, and 12-17 shall survive any termination of this Agreement.

Warranty Disclaimer.

THE GAME AND THE SERVICE ARE PROVIDED ON AN 'AS IS' 'AS AVAILABLE' BASIS, AND TECSTAR GAMES DOES NOT WARRANT THAT THE GAME OR THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE GAME OR THE SERVICE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TECSTAR GAMES EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR USE, AND NON-INFRINGEMENT.

Limitation of Liability.

IN NO EVENT SHALL TECSTAR GAMES, ITS PARENT, SUBSIDIARIES, LICENSORS OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, LIQUIDATED, OR OTHER CONSEQUENTIAL DAMAGES, WHETHER UNDER CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER THEORY OF LIABILITY, ARISING FROM YOUR USE OF THE GAME OR THE SERVICE. THE FOREGOING LIMITATIONS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW, EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE. In no event shall Tecstar Games's aggregate liability, whether arising in contract, tort, strict liability or otherwise, exceed the total fees paid by you to Tecstar Games during the six (6) months immediately prior to the time such claim arose.

Indemnification.

YOU HEREBY AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS TECSTAR GAMES, ITS PARENT, SUBSIDIARIES AND AFFILIATES, FROM AND AGAINST ANY CLAIM, LIABILITY, INJURY, DAMAGE, LOSS OR EXPENSE (INCLUDING REASONABLE ATTORNEYS FEES) INCURRED AS A RESULT OF, ARISING FROM, OR RELATING TO YOUR USE OF THE GAME AND/OR THE SERVICE.

Force Majeure.

Tecstar Games shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of Tecstar Games, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond Tecstar Game's control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.

Acknowledgments.

You hereby acknowledge and agree that:

A. WHEN THE GAME IS RUNNING, Tecstar Games MAY OBTAIN CERTAIN IDENTIFICATION INFORMATION ABOUT YOUR COMPUTER, INCLUDING WITHOUT LIMITATION YOUR HARD DRIVES, CENTRAL PROCESSING UNIT, IP ADDRESS(ES) AND OPERATING SYSTEM(S), FOR PURPOSES OF IMPROVING THE GAME AND/OR THE SERVICE, AND TO POLICE AND ENFORCE THE PROVISIONS OF ANY Tecstar Games AGREEMENT.

B. Tecstar Games may, with or without notice to you, disclose your Internet Protocol (IP) address(es), personal information, chat logs, and other information about you and your activities: (a) in response to a request by law enforcement, a court order or other legal process; or (b) if Tecstar Games believes that doing so may protect your safety or the safety of others.

C. Tecstar Games MAY MONITOR, RECORD, REVIEW, MODIFY AND/OR DISCLOSE YOUR CHAT SESSIONS, WHETHER VOICE OR TEXT, WITHOUT NOTICE TO YOU, AND YOU HEREBY CONSENT TO SUCH MONITORING, RECORDING, REVIEW, MODIFICATION AND/OR DISCLOSURE. Additionally, you acknowledge that Tecstar Games is under no obligation to monitor your electronic communications, and you engage in those communications at your own risk.

D. You are wholly responsible for the cost of all telephone and Internet access charges along with all necessary equipment, servicing, repair or correction incurred in maintaining connectivity to the Servers. Equitable Remedies.

In the event that you breach this Agreement, you hereby agree that Tecstar Games would be irreparably damaged if this Agreement were not specifically enforced, and therefore you agree that Tecstar Games shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of this Agreement, in addition to such other remedies as Tecstar Games may otherwise have available to it under applicable laws. In the event any litigation is brought by either party in connection with this Agreement and consistent with Section 17, the prevailing party in such litigation shall be entitled to recover from the other party all the costs, attorneys' fees and other expenses incurred by such prevailing party in the litigation.

Dispute Resolution and Governing Law.

A. Informal Negotiations. To expedite resolution and control the cost of any dispute, controversy or claim related to this Agreement ('Dispute'), you and Tecstar Games agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating any arbitration or court proceeding. Such informal negotiations commence upon written notice from one person to the other. Tecstar Games will send its notice to your billing address and email you a copy to the email address you have provided to us. You will send your notice to Tecstar Games, LLC, P.O. Box 7275, Golden CO 80403

B. Binding Arbitration. If you and Tecstar Games are unable to resolve a Dispute through informal negotiations, either you or Tecstar Games may elect to have the Dispute (except those Disputes expressly excluded below) finally and exclusively resolved by binding arbitration. Any election to arbitrate by one party shall be final and binding on the other. YOU UNDERSTAND THAT ABSENT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association ('AAA') and, where appropriate, the AAAs Supplementary Procedures for Consumer Related Disputes ('AAA Consumer Rules'), both of which are available that the AAA website www.adr.org. The determination of whether a Dispute is subject to arbitration shall be governed by the Federal Arbitration Act and determined by a court rather than an arbitrator. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Rules and, where appropriate, limited by the AAA Consumer Rules. If such costs are determined by the arbitrator to be excessive, Tecstar Games will pay all arbitration fees and expenses. The arbitration may be conducted in person, through the submission of documents, by phone or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by a party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except as otherwise provided in this Agreement, you and Tecstar Games may litigate in court to compel arbitration, stay proceeding pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator.

C. Restrictions. You and Tecstar Games agree that any arbitration shall be limited to the Dispute between Tecstar Games and you individually. To the full extent permitted by law, (1) no arbitration shall be joined with any other; (2) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (3) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

D. Exceptions to Informal Negotiations and Arbitration. You and Tecstar Games agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (1) any Disputes seeking to enforce or protect, or concerning the validity of, any of your or Tecstar Games�s intellectual property rights; (2) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy or unauthorized use; and (3) any claim for injunctive relief.

E. Location. If you are a resident of the United States, any arbitration will take place at any reasonable location within the United States convenient for you. For residents outside the United States, any arbitration shall be initiated in the County of Pima, State of Arizona, United States of America. Any Dispute not subject to arbitration (other than claims proceeding in any small claims court), or where no election to arbitrate has been made, shall be decided by a court of competent jurisdiction within the County of Pima, State of Arizona, United States of America, and you and Tecstar Games agree to submit to the personal jurisdiction of that court.

F. Governing Law. Except as expressly provided otherwise, this Agreement shall be governed by, and will be construed under, the Laws of the United States of America and the law of the State of Delaware, without regard to choice of law principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. For our customers who access the Service from Canada, Chile, Mexico, Argentina, Australia, Singapore, Thailand, or New Zealand, other laws may apply if you choose not to agree to arbitrate as set forth above, and in such an event, shall affect this Agreement only to the extent required by such jurisdiction. In such a case, this Agreement shall be interpreted to give maximum effect to the terms and conditions hereof. If you access the Service from New Zealand, and are a resident of New Zealand, The New Zealand Consumer Guarantees Act of 1993 ('Act') may apply to the Game and/or the Service as supplied by Tecstar Games to you. If the Act applies, then notwithstanding any other provision in this Agreement, you may have rights or remedies as set out in the Act which may apply in addition to, or, to the extent that they are inconsistent, instead of, the rights or remedies set out in this Agreement. Those who choose to access the Service from locations outside of the United States, Canada, Australia, Singapore, or New Zealand do so on their own initiative contrary to the terms of this Agreement, and are responsible for compliance with local laws if and to the extent local laws are applicable.

G. Severability. You and Tecstar Games agree that if any portion of Section 17 is found illegal or unenforceable (except any portion of 17(d)), that portion shall be severed and the remainder of the Section shall be given full force and effect. If Section 17(d) is found to be illegal or unenforceable then neither you nor Tecstar Games will elect to arbitrate any Dispute falling within that portion of Section 17(d) found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the County of Pima, State of Arizona, United States of America, and you and Tecstar Games agree to submit to the personal jurisdiction of that court.

Miscellaneous.

If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. This Terms of Use Agreement is the complete and exclusive statement of the agreement between you and Tecstar Games concerning the Service, and this Agreement supersedes any prior or contemporaneous agreement, either oral or written, and any other communications with regard thereto between you and Tecstar Games; provided, however that this Agreement is in addition to, and does not replace or supplant, the EULA. This Agreement may only be modified as set forth herein. The section headings used herein are for reference only and shall not be read to have any legal effect.

I HEREBY ACKNOWLEDGE THAT I HAVE READ AND UNDERSTAND THE FOREGOING TERMS OF USE AGREEMENT AND AGREE THAT MY USE OF THE GAME IS AN ACKNOWLEDGMENT OF MY AGREEMENT TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS TERMS OF USE AGREEMENT.



3D Social Network
END USER LICENSE AGREEMENT
Last Updated February 12, 2011

IMPORTANT! PLEASE READ CAREFULLY.

THIS SOFTWARE IS LICENSED, NOT SOLD. BY INSTALLING, REGISTERING A USER, COPYING OR OTHERWISE USING THE GAME (DEFINED BELOW), YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, YOU ARE NOT PERMITTED TO INSTALL, COPY OR USE THE GAME. IF YOU REJECT THE TERMS OF THIS AGREEMENT WITHIN THIRTY (30) DAYS AFTER YOUR PURCHASE, YOU MAY EMAIL info@tecstargames.com TO REQUEST A FULL REFUND OF THE PURCHASE PRICE.

This software program, and any files that are delivered to you by Tecstar Games, LLC. (via on-line transmission or otherwise) to 'patch,' update, or otherwise modify the software program, as well as any printed materials and any on-line or electronic documentation (the 'Manual'), and any and all copies and derivative works of such software program and Manual (collectively, with the 'Game Client' defined below, the 'Game') is the copyrighted work of Tecstar Games, LLC. or its licensors (collectively referred to herein as 'Tecstar Games'). Any and all uses of the Game are governed by the terms of this End User License Agreement (the 'License Agreement' or 'Agreement'). The Game may only be played by obtaining from Tecstar Games access to the World of Warcraft massively multi-player on-line role-playing game service (the 'Service'), which is subject to a separate Terms of Use agreement (the 'Terms of Use') incorporated into this Agreement by this reference. The Game is distributed solely for use by authorized end users according to the terms of this License Agreement. Any use, reproduction, modification or distribution of the Game not expressly authorized by the terms of the License Agreement is expressly prohibited.

Grant of a Limited Use License.

If you agree to this License Agreement, you may install the computer software (hereafter referred to as the 'Game Client') onto your computer for purposes of playing the Game by registering for and accessing an account with the Service (the 'Account'). Subject to your agreement to and continuing compliance with this License Agreement, Tecstar Games hereby grants, and you hereby accept, a limited, non-exclusive license to (a) install the Game Client on one or more computers owned by you or under your legitimate control, and (b) use the Game Client in conjunction with the Service for your non-commercial entertainment purposes only. All use of the Game Client is subject to this License Agreement and to the Terms of Use agreement, both of which you must accept before you can use your Account to play the Game.

Additional License Limitations.

The license granted to you in Section 1 is subject to the limitations set forth in Sections 1 and 2 (collectively, the 'License Limitations'). Any use of the Game in violation of the License Limitations will be regarded as an infringement of Tecstar Games's copyrights in and to the Game. You agree that you will not, under any circumstances:

A. in whole or in part, copy, photocopy, reproduce, translate, reverse engineer, derive source code from, modify, disassemble, decompile, or create derivative works based on the Game; provided, however, that you may make one (1) copy of the Game Client and the Manuals for archival purposes only;

B. use cheats, automation software (bots), hacks, mods or any other unauthorized third-party software designed to modify the 3D Social Network experience;

C. exploit the Game or any of its parts, including without limitation the Game Client, for any commercial purpose, including without limitation (a) use at a cyber cafe, computer gaming center or any other location-based site without the express written consent of Tecstar Games; (b) for gathering in-game currency, items or resources for sale outside the Game; or (c) performing in-game services in exchange for payment outside the Game, e.g., power-leveling;

D. use any unauthorized third-party software that intercepts, 'mines', or otherwise collects information from or through the Game or the Service, including without limitation any software that reads areas of RAM used by the Game to store information about a character or the game environment; provided, however, that Tecstar Games may, at its sole and absolute discretion, allow the use of certain third party user interfaces;

E. modify or cause to be modified any files that are a part of the Game Client in any way not expressly authorized by Tecstar Games;

F. host, provide or develop matchmaking services for the Game or intercept, emulate or redirect the communication protocols used by Tecstar Games in any way, for any purpose, including without limitation unauthorized play over the internet, network play, or as part of content aggregation networks;

G. facilitate, create or maintain any unauthorized connection to the Game or the Service, including without limitation (a) any connection to any unauthorized server that emulates, or attempts to emulate, the Service; and (b) any connection using programs or tools not expressly approved by Tecstar Games; or

H. sell, grant a security interest in or transfer reproductions of the Game to other parties in any way not expressly authorized herein, or rent, lease or license the Game to others.

Service and Terms of Use.

You must accept the Terms of Use in order to access the Service and play the Game. The Terms of Use agreement governs all aspects of game play. You may view the Terms of Use by visiting the following website: http://www.tecstargames.com/tos.html If you do not agree with the Terms of Use, then (a) you may not register for an Account to play the Game, and (b) you may email info@tecstargames.com within thirty (30) days after the original purchase to arrange to return the Game and to request a full refund of the purchase price. Once you accept the License Agreement and the Terms of Use, you will no longer be eligible for a refund.

Ownership.

All title, ownership rights and intellectual property rights in and to the Game and all copies thereof are owned or licensed by Tecstar Games. The Game is protected by the copyright laws of the United States, international treaties and conventions, and other laws. The Game may contain materials licensed by third parties, and the licensors of those materials may enforce their rights in the event of any violation of this License Agreement.

Pre-Loaded Software.

The media on which the Game Client is distributed may contain additional software and/or content for which you do not have a license (the 'Locked Software'), and you agree that Tecstar Games may install the Locked Software onto your hard drive during the Game Client installation process. You also agree that you will not access, use, distribute, copy, display, reverse engineer, derive source code from, modify, disassemble, decompile any Locked Software, or create any derivative works based on the Locked Software.

Termination.

This License Agreement is effective until terminated. You may terminate the License Agreement at any time by (i) permanently destroying all copies of the Game in your possession or control; (ii) removing the Game Client from your hard drive; and (iii) notifying Tecstar Games of your intention to terminate this License Agreement. Tecstar Games may terminate this Agreement at any time for any reason or no reason. Upon termination for any reason, all licenses granted herein shall immediately terminate and you must immediately and permanently destroy all copies of the Game in your possession and control and remove the Game Client from your hard drive.

Export Controls.

The Game may not be re-exported, downloaded or otherwise exported into (or to a national or resident of) any country to which the U.S. has embargoed goods, or to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Denial Orders. 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.

Patches and Updates.

Tecstar Games may deploy or provide patches, updates and modifications to the Game that must be installed for the user to continue to play the Game. Tecstar Games may update the Game remotely including without limitation the Game Client residing on the user's machine, without the knowledge of the user, and you hereby grant to Tecstar Games your consent to deploy and apply such patches, updates and modifications.

Duration of the 'On-line' Component of the Game.

This Game is an 'on-line' game that must be played over the Internet through the Service as provided by Tecstar Games. You understand and agree that the Service is provided by Tecstar Games at its discretion and may be terminated or otherwise discontinued by Tecstar Games pursuant to the Terms of Use.

Limited Warranty.

THE GAME (INCLUDING WITHOUT LIMITATION THE GAME CLIENT AND MANUAL(S)) IS PROVIDED 'AS IS' WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF CONDITION, UNINTERRUPTED USE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. The entire risk arising out of use or performance of the Game (including without limitation the Game Client and Manual(s)) remains with the user. Notwithstanding the foregoing, Tecstar Games warrants up to and including 90 days from the date of your purchase of the Game that the media containing the Game Client shall be free from defects in material and workmanship. In the event that such media proves to be defective during that time period, and upon presentation to Tecstar Games of proof of purchase of the defective media, Tecstar Games will at its option (a) correct any defect, (b) provide you with a similar product of similar value, or (c) refund your money. THE FOREGOING IS YOUR SOLE AND EXCLUSIVE REMEDY FOR THE EXPRESS WARRANTY SET FORTH IN THIS SECTION. Some states do not allow the exclusion or limitation of implied warranties, so the above limitations may not apply to you.

Limitation of Liability, Indemnity.

NEITHER Tecstar Games NOR ITS PARENT, SUBSIDIARIES OR AFFILIATES SHALL BE LIABLE IN ANY WAY FOR ANY LOSS OR DAMAGE OF ANY KIND ARISING OUT OF THE GAME OR ANY USE OF THE GAME, INCLUDING WITHOUT LIMITATION LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER DAMAGES OR LOSSES. FURTHER, NEITHER Tecstar Games NOR ITS PARENT, SUBSIDIARIES OR AFFILIATES SHALL BE LIABLE IN ANY WAY FOR ANY LOSS OR DAMAGE TO PLAYER CHARACTERS, VIRTUAL GOODS (E.G., ARMOR, POTIONS, WEAPONS, ETC.) OR CURRENCY, ACCOUNTS, STATISTICS, OR USER STANDINGS, RANKS, OR PROFILE INFORMATION STORED BY THE GAME AND/OR THE SERVICE. Tecstar Games SHALL NOT BE RESPONSIBLE FOR ANY INTERRUPTIONS OF SERVICE, INCLUDING WITHOUT LIMITATION ISP DISRUPTIONS, SOFTWARE OR HARDWARE FAILURES, OR ANY OTHER EVENT WHICH MAY RESULT IN A LOSS OF DATA OR DISRUPTION OF SERVICE. IN NO EVENT WILL Tecstar Games BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES. In no event shall Tecstar Games's liability, whether arising in contract, tort, strict liability or otherwise, exceed (in the aggregate) the total fees paid by you to Tecstar Games during the six (6) months immediately prior to the time such claim arose. You hereby agree to defend, indemnify and hold Tecstar Games harmless from and against any claim, liability, loss, injury, damage, cost or expense (including reasonable attorneys' fees) incurred by Tecstar Games arising out of or from your use of the Game. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations may not apply to you.

Equitable Remedies.

You hereby agree that Tecstar Games would be irreparably damaged if the terms of this License Agreement were not specifically enforced, and therefore you agree that Tecstar Games shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of this License Agreement, in addition to such other remedies as Tecstar Games may otherwise have available to it under applicable laws. In the event any litigation is brought by either party in connection with this License Agreement, the prevailing party in such litigation shall be entitled to recover from the other party all the costs, attorneys' fees and other expenses incurred by such prevailing party in the litigation.

Changes to the Agreement.

Tecstar Games reserves the right, at its sole discretion, to change, modify, add to, supplement or delete any of the terms and conditions of this License Agreement when Tecstar Games upgrades the Game Client, effective upon prior notice as follows: Tecstar Games will post the revised version of this License Agreement on the 3D Social Network website, and may provide such other notice as Tecstar Games may elect in its sole discretion. If any future changes to this License Agreement are unacceptable to you or cause you to no longer be in compliance with this License Agreement, you may terminate this License Agreement in accordance with Section 7 herein. Your installation and use of any of Tecstar Games updates or modifications to the Game or your continued use of the Game following notice of changes to this Agreement will demonstrate your acceptance of any and all such changes. Tecstar Games may change, modify, suspend, or discontinue any aspect of the Game at any time. Tecstar Games may also impose limits on certain features or restrict your access to parts or all of the Game without notice or liability. You have no interest, monetary or otherwise, in any feature or content contained in the Game.

Dispute Resolution and Governing Law.

A. Informal Negotiations. To expedite resolution and control the cost of any dispute, controversy or claim related to this License Agreement ('Dispute'), you and Tecstar Games agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least 30 days before initiating any arbitration or court proceeding. Such informal negotiations commence upon written notice from one person to the other. Tecstar Games will send its notice to your billing address and email you a copy to the email address you have provided to us. You will send your notice toTecstar Games, LLC., P.O. Box 7275, Golden CO 80403, attn: Legal Department.

B. Binding Arbitration. If you and Tecstar Games are unable to resolve a Dispute through informal negotiations, either you or Tecstar Games may elect to have the Dispute (except those Disputes expressly excluded below) finally and exclusively resolved by binding arbitration. Any election to arbitrate by one party shall be final and binding on the other. YOU UNDERSTAND THAT ABSENT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association ('AAA') and, where appropriate, the AAAs Supplementary Procedures for Consumer Related Disputes ('AAA Consumer Rules'), both of which are available at the AAA website www.adr.org. The determination of whether a Dispute is subject to arbitration shall be governed by the Federal Arbitration Act and determined by a court rather than an arbitrator. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Rules and, where appropriate, limited by the AAA Consumer Rules. If such costs are determined by the arbitrator to be excessive, Tecstar Games will pay all arbitration fees and expenses. The arbitration may be conducted in person, through the submission of documents, by phone or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by a party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except as otherwise provided in this License Agreement, you and Tecstar Games may litigate in court to compel arbitration, stay proceeding pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator.

C. Restrictions. You and Tecstar Games agree that any arbitration shall be limited to the Dispute between Tecstar Games and you individually. To the full extent permitted by law, (1) no arbitration shall be joined with any other; (2) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (3) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

D. Exceptions to Informal Negotiations and Arbitration. You and Tecstar Games agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (1) any Disputes seeking to enforce or protect, or concerning the validity of, any of your or Tecstar Games's intellectual property rights; (2) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy or unauthorized use; and (3) any claim for injunctive relief.

E. Location. If you are a resident of the United States, any arbitration will take place at any reasonable location convenient for you. For residents outside the United States, any arbitration shall be initiated in the County of Pima, State of Arizona, United States of America. Any Dispute not subject to arbitration (other than claims proceeding in any small claims court), or where no election to arbitrate has been made, shall be decided by a court of competent jurisdiction within the County of Pima, State of Arizona, United States of America, and you and Tecstar Games agree to submit to the personal jurisdiction of that court.

F. Governing Law. Except as otherwise set forth herein, this License Agreement shall be governed by, and will be construed under, the Laws of the United States of America and the law of the State of Delaware, without regard to choice of law principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. For our customers who purchased a license to the Game in, and are a resident of, Canada, Australia, Singapore, or New Zealand, other laws may apply if you choose not to agree to arbitrate as set forth above; provided, however, that such laws shall affect this Agreement only to the extent required by such jurisdiction. In such a case, this Agreement shall be interpreted to give maximum effect to the terms and conditions hereof. If you purchased your license to the Game in New Zealand, and are a resident of New Zealand, The New Zealand Consumer Guarantees Act of 1993 ('Act') may apply to the Game and/or the Service as supplied by Tecstar Games to you. If the Act applies, then notwithstanding any other provision in this License Agreement, you may have rights or remedies as set out in the Act which may apply in addition to, or, to the extent that they are inconsistent, instead of, the rights or remedies set out in this License Agreement. Those who choose to access the Service from locations outside of the United States, Canada, Australia, Singapore, or New Zealand do so on their own initiative and are responsible for compliance with local laws if and to the extent local laws are applicable.

G. Severability. You and Tecstar Games agree that if any portion Section 15 is found illegal or unenforceable (except any portion of 15(D)) that portion shall be severed and the remainder of the Section shall be given full force and effect. If Section 15(D) is found to be illegal or unenforceable then neither you nor Tecstar Games will elect to arbitrate any Dispute falling within that portion of Section 15(D) found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the County of Pima, State of Arizona, United States of America, and you and Tecstar Games agree to submit to the personal jurisdiction of that court.

Miscellaneous.

This License Agreement constitutes and contains the entire agreement between the parties with respect to the subject matter hereof and supersedes any prior oral or written agreements, provided, however, that this Agreement shall coexist with, and shall not supersede, the Terms of Use. To the extent that the provisions of this Agreement conflict with the provisions of the Terms of Use, the conflicting provisions in the Terms of Use shall govern. The provisions of Sections 4(A), 6, 11-13, 15 and 16 shall survive the termination of this Agreement for any reason. If any provision of this Agreement is found to be unenforceable, that provision shall be severed and the remainder of the Agreement shall be given full force and effect.

I hereby acknowledge that I have read and understand the foregoing License Agreement and agree that by clicking 'Accept' or installing the Game Client I am acknowledging my agreement to be bound by the terms and conditions of this License Agreement.