a. This End User License Agreement (this “Agreement”) is a legal agreement between You
(either an individual or an entity, who will be referred to in this Agreement as “You” or “Your”) and
Rainbowpunch Studio, LLC (“Licensor”) for the use of the Snuffles & Co. video game software distributed
by Licensor or any authorized sublicensee of Licensor (the “Product”). The Product also includes any
software updates and upgrades that Licensor or any authorized sublicensee of Licensor may provide to
You or make available to You, or that You obtain after the date You obtain Your initial copy of the
Product, to the extent that such items are not accompanied by a separate license agreement or terms of
use.

b. BY CLICKING “I AGREE” BELOW, YOU ACKNOWLEDGE THAT YOU HAVE READ,
UNDERSTOOD AND AGREE TO BE BOUND BY AND COMPLY WITH THE AGREEMENT. IF YOU DO
NOT AGREE TO THE TERMS OF THIS AGREEMENT, YOU HAVE NO RIGHTS TO THE PRODUCT
AND SHOULD NOT INSTALL, COPY, DOWNLOAD, ACCESS OR USE THE PRODUCT.

Licensor hereby grants to You a limited, revocable, non-exclusive and non-transferable right and
license to use the Product (the “License”), subject to the following terms and conditions:

a. The Product is copyrighted property belonging solely to Licensor. You have not
purchased or been sold any interest in the Product, other than Your limited rights as expressly provided
herein. You acknowledge that Licensor retains exclusive ownership throughout the world of the Product,
any portions or copies thereof, and all rights therein. You shall not rent, lease, sell, resell, sublicense or
otherwise make any commercial profit off of the Product.

b. You shall not directly or indirectly reverse engineer, decompile, disassemble or otherwise
attempt to discover the source code or underlying ideas or algorithms of the Product; copy, reproduce,
modify, translate, or create derivative works based on the Product; damage, detrimentally interfere with,
surreptitiously intercept or expropriate any system, data or other information related to the Product; use
the Product to infringe on any third party’s copyright, patent, trademark, trade secret or other property
rights or rights of publicity or privacy; use the Product to violate any laws, including, without limitations,
copyright, trademark, obscenity and defamation laws; or use the Product to store, distribute or transmit
any unlawful material, or to compromise the security of any networked account or site.

c. You shall comply with all applicable laws, statutes, ordinances and regulations regarding
use of the Product.

Licensor reserves the right to immediately terminate this Agreement in the event that You breach
this Agreement. Further, Licensor may immediately suspend or terminate the License if Licensor believes
that Your use of the Product violates a material term of this Agreement, poses a significant legal risk to
Licensor, or may cause financial loss or legal liability for Licensor. Upon termination of this Agreement for
any reason, the License will terminate, and You shall immediately cease all use of the Product, and
destroy all copies, full or partial, of the Product.

a. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE PRODUCT IS
AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY,
PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. THE PRODUCT IS PROVIDED “AS IS”
ON AN “AS AVAILABLE” BASIS.

b. LICENSOR DOES NOT MAKE ANY WARRANTIES, EXPRESS OR IMPLIED,
CONCERNING THE PRODUCT OR THE USE THEREOF. LICENSOR HEREBY EXCLUDES ALL
IMPLIED WARRANTIES AND CONDITIONS TO THE EXTENT PERMITTED BY LAW, INCLUDING, BUT
NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY
PURPOSE, PARTICULAR, SPECIFIC OR OTHERWISE, OR OF NON-INFRINGEMENT, CONCERNING
THE PRODUCT AND THE USE THEREOF.

c. LICENSOR DOES NOT WARRANT THAT THE PRODUCT WILL MEET ALL OF YOUR
REQUIREMENTS, THAT THE PRODUCT WILL OPERATE WITH YOUR HARDWARE, SOFTWARE,
SYSTEMS OR DATA, THAT THE USE OF THE PRODUCT WILL BE ERROR FREE, OR THAT
DEFECTS IN THE PRODUCT WILL BE CORRECTED. SHOULD THE PRODUCT PROVE DEFECTIVE,
YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.

a. IN NO EVENT WILL LICENSOR BE LIABLE TO YOU UNDER ANY THEORY OF TORT,
CONTRACT, OR STRICT LIABILITY FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL,
PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING LOSS OF PROFITS, DATA OR GOODWILL,
REGARDLESS OF WHETHER LICENSOR KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY
OF SUCH DAMAGES.

b. YOUR EXCLUSIVE REMEDY, AND LICENSOR’S MAXIMUM LIABILITY, IF ANY,
REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR
OTHERWISE, SHALL BE LIMITED TO THE FEES ACTUALLY PAID TO LICENSOR BY YOU FOR USE
OF THE PRODUCT. LICENSOR SHALL NOT BE LIABLE FOR DAMAGE DUE TO ANY CAUSE
BEYOND ITS CONTROL, INCLUDING, WITHOUT LIMITATION, ACTS OF GOD, ACTS OF CIVIL OR
MILITARY AUTHORITY, LABOR DISPUTES, FAILURE OR DELAY OF SUPPLIERS OR SYSTEMS,
INCLUDING COMMUNICATIONS AND POWER SYSTEMS, FIRE, SABOTAGE, WAR, EMBARGO OR
ACTS OR OMISSIONS OF THE OTHER PARTY CAUSED BY ANY OF SUCH EVENTS.

You shall indemnify, defend and hold Licensor harmless from and against any and all claims,
demands, actions, costs, liabilities and losses (including reasonable attorney’s fees) resulting from Your
use or misuse of the Product or any violation of any law or the rights of a third party relating to Your use
of the Product.

The License and the right to use the Product and related documentation are limited as provided in
this Agreement and may not be assigned or otherwise transferred by You without the prior written
consent of Licensor. These restrictions shall survive the termination of this Agreement. Licensor hereby
reserves all rights to the Product and all related documentation. Title and full ownership rights in and to
the Product and related documentation made available for use by You pursuant to this Agreement shall at
all times remain with Licensor. You understand that the Product and related documentation are
proprietary information and a trade secret of Licensor, whether or not any portion thereof is or may be
validly copyrighted or patented. You acknowledge that Licensor has exclusive right, title and interest in
and to the Product and related documentation. All applicable rights to patents, copyrights, trademarks and
trade secrets in the Product and related documentation, and any and all modifications thereto made at
Your request, are and shall remain in Licensor. You will not at any time do or cause to be done any act or
thing impairing or tending to impair any part of such rights, title and interest. Licensor remains free to
license the Product to others. Licensor may develop inventions, technologies, methods, techniques, trade
secrets, know-how and other intellectual property concerning, without limitation, the use of the Product.
Except as provided herein, ownership of all intellectual property rights and all other rights, title, and
interest in and to the Product shall automatically vest in and remain the exclusive property of Licensor.


a. This Agreement contains the entire agreement between the parties in relation to matters
described herein, and no inducements or promises other than as expressly set forth herein have been
given or received in return for same. This Agreement may be amended or modified only through a writing
signed by both of the parties.

b. You shall not assign Your rights and obligations under this Agreement without the
express written consent of Licensor. This Agreement shall be binding upon and inure to the benefit of the
Your successors, heirs and permitted assigns.

c. This Agreement is being delivered and is intended to be performed in the Commonwealth
of Virginia, and shall be construed and enforced in accordance with the laws of the Commonwealth of
Virginia, as well as federal laws relating to copyrights and patents, where applicable. Each of the
undersigned parties hereto hereby consents to the sole and exclusive jurisdiction of the courts of Fairfax
County, Virginia or the United States District Court for the Eastern District of Virginia for the purpose of
any suit, action or other proceeding arising out of, or in connection with, this Agreement or any of the
transactions contemplated hereby.

d. If a lawsuit, arbitration or other legal action is instituted by Licensor in order to enforce or
defend the terms of this Agreement, Licensor shall be entitled to reimbursement of reasonable attorney’s
fees and costs incurred in prosecuting or defending such action. The reasonableness of attorney’s fees
may be proven by an attorney fee affidavit of the attorney performing the services, without need of expert
testimony.

e. If any provision of this Agreement or the application thereof to any person or
circumstance shall be invalid or unenforceable to any extent, the remainder of this Agreement and the
application of such provision to other persons or circumstances shall not be affected thereby and shall be
enforced to the greatest extent permitted by law; provided, however, that the economic and legal
substance of the transactions contemplated by this Agreement is not affected in any manner that is
materially adverse to any party affected by such invalidity or unenforceability.

f. A printed version of this Agreement and of any notice given in electronic form shall be
admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same
extent and subject to the same conditions as other business documents and records originally generated
and maintained in printed form.

g. Any rights not expressly granted herein are reserved.