A. APB End User License Agreement
B. GamersFirst End User License Agreement
C. Pando End User License Agreement
D. PunkBuster End User License Agreement


A. APB End User License Agreement

1 THESE TERMS
1.1 Your use of
1.1.1 the software provided by Reloaded Productions Inc. ("Reloaded") (together with any patches, updates, new releases and modifications provided by Reloaded in relation to the software, and any and all printed and online materials accompanying the software) (the "Software"); and
1.1.2 the "All Points Bulletin" massively multi-player online game service provided by GamersFirst.com / K2 Network Inc. ("GamersFirst") (together with any additional features provided by Reloaded in connection with the game, including, without limitation, in-game forums) (the "Service"), is governed by these terms and conditions, any other terms referred to or incorporated by reference, and any other requirements set out in our website ( collectively referred to as "the End User License Agreement" or "this End User License Agreement"). The Software and the Service are collectively referred to as the "Game."
1.2 Your installation and use of the Game constitutes your acceptance of the terms and conditions of this End User License Agreement. Additionally, by clicking on the ["I Accept"] button at the end of these terms and conditions, you are agreeing to be bound by all the terms and conditions of the End User License Agreement. If you do not accept the terms of the End User License Agreement in this way, you will not be able to install and use the Game.
1.3 You should print off and retain a copy of these terms and conditions in case you need to refer to them.

2 GRANT OF LIMITED USE LICENSE
2.1 Subject to the terms and conditions of this End User License Agreement, and your acceptance of its terms, Reloaded grants to you a non-exclusive, revocable, non-transferable, personal license to use the Software in connection with the Service only.
2.2 Subject to the terms and conditions of this End User License Agreement, and your acceptance of its terms, GamersFirst grants to you a non-exclusive, revocable, non-transferable, personal license to use the Service for your non-commercial entertainment purposes only.
2.3 You may not use the Software or the Service for any other purpose.

3 ADDITIONAL LICENSE RESTRICTIONS
3.1 Without prejudice to the generality of condition 1 (the grant of the license), you shall not, and you agree not to:
3.1.1 copy or reproduce any part of the Game, decompile, disassemble, decompress, reverse engineer or otherwise attempt to derive the source code for any part of the Game, redistribute, encumber, sell, rent, lease, sub-License or otherwise transfer rights to any part of the Game (save that you shall be entitled to make one back-up copy of the Software, provided that any such copy shall in all respects be subject to the terms and conditions of this End User License Agreement and shall be deemed to form part of the Game);
3.1.2 exploit the Game or any of its parts, including without limitation the Software, for any commercial purpose, including without limitation (a) for gathering in game currency, G1 Credits, User Generated Content or any other items, resources or products for sale outside of the Game or (b) performing in-game services in exchange for payment outside of the Game (such as power leveling);
3.1.3 modify the Game or any files forming part of the Game in any way not expressly authorized by Reloaded;
3.1.4 use cheats, automation software (bots), hacks, modifications or any other unauthorized third-party software designed to modify the Game;
3.1.5 host or facilitate, create or maintain any unauthorized connection to the Game, including without limitation (a) any connection to any unauthorized server; and (b) any connection using programs or tools not expressly authorized by Reloaded.
3.1.6 use the Game in breach of the terms of any authorized subscription to the Game (including, without limitation, the use of unauthorized methods to generate additional playtime to the Game).
3.2 In addition to complying with the restrictions of the license granted by Reloaded under this End User License Agreement yourself, you agree to not allow any other person or entity to commit any of the actions described in this condition 3.

4 INTELLECTUAL PROPERTY RIGHTS
4.1 In this End User License Agreement the following terms have the meanings set out below:
4.1.1 "IPR": intellectual property rights, including patents, rights to inventions, copyright and related rights, moral rights, trademarks and service marks, trade names and domain names, rights in get-up, rights to goodwill or to sue for passing off or unfair competition, rights in designs, rights in computer software, database rights, rights in confidential information (including know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all applications (or rights to apply) for, and renewals or extensions of, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world;
4.1.2 "Reloaded Content": the Game, its software, code, structures, textures and images and all other aspects of it as owned and/or created by Reloaded and/or licensed to Reloaded;
4.1.3 "User Generated Content": content generated by users in the course of playing the Game, including without limitation designs, style, images, items, symbols, logos, music, songs and items created by a user in playing the Game and whether created by you personally or purchased from another user in the Marketplace. For the avoidance of doubt, User Generated Content also includes the content of all verbal and written communication issued by users in playing the Game.
4.2 Any and all IPR in Reloaded Content belongs to Reloaded or the third parties from whom Reloaded has obtained a license to use such content within the Game, and you acknowledge and agree that you have no rights of ownership in respect of such IPR.
4.3 The Limited Use License granted to you by condition 2 above shall apply to any and all IPR in Reloaded Content.
4.4 You hereby grant Reloaded a non-exclusive, sub-licensable, perpetual, irrevocable, royalty-free, worldwide license to use for any purpose whatsoever, in any languages and in any media (whether known or not yet known) any and all User Generated Content and any and all associated IPR which you may generate in the course of playing the Game.
4.5 You acknowledge and agree that any User Generated Content will be created using assets provided by the Service and/or will be derivative of Reloaded Content. You agree that:
4.5.1 You will use User Generated Content only within the Game and for non-commercial purposes;
4.5.2 You will not license, sub-license or assign the right to use or exploit User Generated Content, or any associated IPR, to any third party without Reloaded’s written consent;
4.5.3 You irrevocably appoint Reloaded as your agent for the purpose of removing or taking down any User Generated Content, whether from within the Game or elsewhere, where there has been a breach of the Rules of Conduct set out in condition 9, or any other breach of the terms and conditions of this End User License Agreement in response to a complaint or valid take down notice, (as referred to in condition 11) or otherwise at Reloaded's discretion.
4.6 You hereby absolutely, irrevocably and unconditionally waive, so far as is legally possible, any and all moral rights which may subsist in User Generated Content created by you, and any broadly equivalent rights which you may have in any territory of the world.

5 CONDITIONS OF USE OF THE GAME
Software and GamersFirst Account
5.1 You acknowledge and agree that you shall not be able, or entitled, to use the Game unless you have first:
5.1.1 downloaded and installed the Game;
5.1.2 downloaded and installed any authorized third party software that is required to run the Game ("Third Party Software");
5.1.3 created and established a user account with GamersFirst (a "GamersFirst Account") on GamersFirst's centralized account system relating to the Game; and
5.1.4 agreed to and accepted the terms and conditions of the End User License Agreement.

Third Party Software
5.2 You acknowledge and agree that:
5.2.1 the Third Party Software is licensed to you under separate terms and conditions to this End User License Agreement;
5.2.2 the Third Party Software is licensed to you directly by the third party licensor or third party supplier of such Third Party Software and is licensed subject to the respective third-party licensor's or third party supplier's terms of use and policies, which shall solely govern the use of the Third Party Software;
5.2.3 any warranty given by the relevant third party licensor or third party supplier in respect of the Third Party Software shall be the only warranty given in respect of the Third Party Software. Neither Reloaded nor GamersFirst gives any warranty or other assurance, whether express or implied, in respect of the functioning, quality or performance of Third Party Software;
5.2.4 you may view the relevant third party licensor's or third party supplier's terms of use and policies prior to downloading and installing the Third Party Software. We advise that you read these carefully prior to downloading and installing the Third Party Software. Your acceptance under condition 1.2 above constitutes acceptance of such terms in addition to those set out in this End User License Agreement.

Eligibility
5.3 You acknowledge and agree that you shall only be entitled to use the Game if you are an adult of at least 18 (eighteen) years of age or if you are at least 17 (seventeen) years of age in applicable jurisdictions where you are legally permitted to purchase the Game.
5.4 By agreeing to the terms and conditions of this End User License Agreement, and installing and using the Game, you warrant that you are an adult of at least 18 (eighteen) years of age or have the consent of your parents or legal guardians to enter into and be bound by this End User License Agreement.

6 DESCRIPTION OF THE GAME
6.1 Access to the basic ("non-premium") version of the Game is available to all users at no charge when they register at GamersFirst.com

The different ways in which the Game can be accessed / enjoyed
6.2 You acknowledge that the Game is made up of different 'areas' and that it can be accessed and enjoyed by users in a number of different ways. Some examples of the different ways in which the Game can be accessed / enjoyed are set out below:
6.2.1 "Districts" - These are the districts within which a user can control a character and use his or her character to communicate or play against other users / characters within the Game;
6.2.2 "Marketplace" - This is Reloaded's trading marketplace within the Game. Users can purchase additional items, features or services, both directly from Reloaded or from other users of the Game, within the Marketplace. The Marketplace allows users to bid for such items, features and services and display items, features and services that it wishes to 'sell' to other users.
6.2.3 In-Game forums - These are chat forums provided by Reloaded as part of the Game. Users can communicate with others using the in-Game forum if they have an APB Account.

G1 Credits
6.3 G1 Credits are the virtual currency units used by Reloaded in the Game. Once purchased or acquired, G1 Credits can be used as follows:
6.3.1 to acquire a premium game access using your GamersFirst Account; or
6.3.2 to purchase additional items, features and services (including, without limitation, User Generated Content) from other users of the Game within the Marketplace; or
6.3.3 to purchase additional items, features and services directly from Reloaded or GamersFirst, where Reloaded and GamersFirst decide in their absolute discretion to offer users such additional items, features and services in exchange for G1 Credits or other methods of payment, within the Game (whether within the Marketplace or otherwise).
6.4 G1 Credits can be distinguished from in-Game APB dollars, which will be awarded to users by Reloaded and can be used to acquire items or additional services within the Game.
6.5 G1 Credits can only be legitimately purchased or acquired as follows:
6.5.1 outside of the Game through GamersFirst authorized retail channels; and
6.5.2 within the Game via the 'sale' of additional items, features and services (including, without limitation, User Generated Content) to other users of the Game within the Marketplace.
6.6 You acknowledge and agree that:
6.6.1 you will only acquire or purchase G1 Credits via legitimate methods;
6.6.2 G1 Credits can only be purchased outside of the Game via authorized channels provided by GamersFirst.
6.6.3 by acquiring G1 Credits you obtain a limited license to a digital good only. G1 Credits have no real monetary value and do not represent personal property.
6.6.4 G1 Credits are NON-REFUNDABLE. G1 Credits cannot be redeemed or transferred back in to cash (or any other form of real money) once purchased or acquired by a user of the Game.
6.6.5 The only uses that may be made of G1 Credits is the playing of the Game and the purchase of items or additional services within the Game.
6.6.6 Reloaded may deny or cancel future G1 Credit payments if any of the following conditions are met:
(a) if Reloaded or any of its partners determine that a payment cannot be made because of material mistakes made by you;
(b) if it is deemed by Reloaded or any of its partners that you are abusing the payment method and/or engaging in any illegal activities;
(c) if you are using a third party's payment information or you are making an unlawful transaction;
(d) if Reloaded is unable to confirm payment information;
(e) if it is deemed by Reloaded or any of its partners that you are hacking the Game or exploiting the mechanics of the Game;
(f) if you assign or transfer the rights of your G1 Credits to any third parties;
(g) if Reloaded or any of its partners determine that you have provided inaccurate, false or misleading registration information for your GamersFirst Account;
(h) if you access the Game using another person's account or personal information or you were previously denied access to the Game;
(i) if you violate any of the terms and conditions of the End User License Agreement;
See also condition 8 (Fees & Payment).

Sales commission
6.7 Reloaded reserves the right to charge users a "sales commission" on any trades within the Marketplace by deducting from sellers G1 Credits from any G1 Credits that are receivable as payment by sellers for such trades. The level of the deduction will be in accordance with Reloaded's then current terms or policy concerning sales commission on trades (see up to date information on gamersfirst.com/apb).

Additional features / rewards
6.8 You acknowledge that Reloaded shall be under no obligation whatsoever to offer or continue to offer specific items, features, rewards or services to you as part of the Game, or at specific stages of the Game. Any items, features, rewards or services will be offered by Reloaded in its absolute discretion, and functionality may vary from time to time. Reloaded reserves the right at any time for any reason to change and/or eliminate any aspect(s) of the Game as it sees fit in its sole discretion.

Connection
6.9 You acknowledge that you will require internet access in order to use the Game and that Reloaded does not provide such internet access. You are wholly responsible for the cost of all telephone and internet access charges, along with all necessary equipment, servicing, repair or corrections that are required to maintain connectivity to the servers used to run the Game.

7 GamersFirst Account
7.1 When you first create a GamersFirst Account you will be required to create a name and password that will:
7.1.1 identify you to GamersFirst and Reloaded staff; and
7.1.2 be used by you to access the APB forums.
7.2 Your name will be the name that appears on all in-Game forums when your GamersFirst Account is being used to communicate on such in-Game forums. Your name will be different from other names (for example character names or names appearing on User Generated Content) that you generate or create within the Game.
7.3 You acknowledge and agree that:
7.3.1 you shall have no ownership or other property interest in your GamersFirst Account (including, without limitation in your name and password details), and that the rights in and to your GamersFirst Account shall remain the sole and exclusive property of GamersFirst;
7.3.2 you are solely responsible for maintaining the security of your GamersFirst Account (and in particular ensuring your security codes are kept secret and secure);
7.3.3 all information and details provided by you at the time of creation of your GamersFirst Account shall be complete and accurate in all respects, and you shall keep such information and details updated at all times;
7.3.4 you shall not, and you agree to not:
(a) share your name and password details with anybody else;
(b) allow anybody else to use your GamersFirst Account;
(c) redistribute, encumber, sell, rent, lease, sub-license or otherwise transfer rights to any part of (1) your name and password or (2) your GamersFirst Account,
(d) exploit your GamersFirst Account for any commercial purpose, including without limitation, allowing access to your GamersFirst Account in exchange for payment outside of the Game,
or allow any person or entity to commit any of the actions described in this condition 7.3.

8 FEES & PAYMENT
Some Reloaded or GamersFirst services require payment of a fee. You must have an Account and pay the fees to participate in these activities. For information about fees for particular services visit gamersfirst.com/apb.

FEES ARE PAYABLE IN ADVANCE AND ARE NOT REFUNDABLE IN WHOLE OR IN PART.

The following terms shall apply when you enter into payment transactions with GamersFirst and/or Reloaded for the Software, G1 Credits, or other services:
8.1 The amount you have to pay for any G1 Credits purchased by you from GamersFirst and/or Reloaded, and any other fees and charges due to GamersFirst and/or Reloaded (Charges) are as stated on gamersfirst.com/apb.
8.2 Charges for any purchases in the game are determined by Reloaded based on the geographical region that you access the Game from. Please note that currency fluctuations may affect the amount you are actually charged or the playtime you receive.
8.3 Unless otherwise stated, all Charges stated are net of any value added, transfer or other sales tax or duty and all other taxes, duties, imposts of any kind that may be applicable to your payment and all such amounts shall be payable by you in addition to the Charges.
8.4 Charges may be altered by GamersFirst and/or Reloaded from time to time and you should always check the current level of Charges before making a purchase. You will not be notified specifically of changes to any Charges, including the price charged for G1 Credits. The up-to-date level of Charges will always be as stated on gamersfirst.com/apb.
8.5 Payment must be made by users in advance in accordance with the payment methods set out on gamersfirst.com/apb. You must keep all payment details up-to-date and notify us promptly of any changes.
8.6 You warrant that you are authorized to use the payment methods and details you have provided to us and that you are the authorized account holder for the chosen payment method.
8.7 As soon as G1 Credits are credited to your GamersFirst Account those are useable by you to purchase items within the Game.
8.8 No interest is payable on any positive balance of G1 Credits you may hold with us and no refund of unused G1 Credits will be made by GamersFirst and/or Reloaded.
8.9 The downloading of the Software and the purchasing of G1 Credits is a service, and you agree that the service starts immediately on completion of the download (in the case of the Software) or on your payment for the G1 Credits and that you do not have any right to cancel such transactions except as may be provided by Applicable Laws.
8.10 Once you have purchased or agreed to make a purchase via your selected payment method, you must not authorize or attempt to make any chargeback (being any action or process stopping or aimed at stopping the payment process or which may require GamersFirst and/or Reloaded to provide a credit or refund of the relevant sums). If you do initiate any form of chargeback, GamersFirst reserves the right, without affecting any other rights it may have, to suspend or terminate your GamersFirst Account and any other accounts associated with the relevant payment method and to terminate your ability to use any particular payment method.
8.11 You understand that you are fully liable for all Charges on your account.

9 RULES OF CONDUCT
9.1 You acknowledge and agree that your use of the Game is governed by Reloaded's rules of conduct. You agree that when using the Game you will comply with:
9.1.1 all local and international laws in force from time to time applicable to the Game (including, without limitation, all laws of your country of residence in force from time to time applicable to the Game, and all rights or duties that apply to you as a matter of common law or as a matter of contract law, and all rights or duties that apply to you in connection with any fiduciary relationship (including, without limitation, any rights or duties that apply to you in respect of inside, proprietary and confidential information)) ("Applicable Laws"); and
9.1.2 Reloaded's rules of conduct.
9.2 You acknowledge that the rules set out in this condition 9 are non-exhaustive and that Reloaded reserves the right to determine in its absolute discretion what conduct it considers inappropriate in relation to the Game. Reloaded further reserves its right to exercise any or all of its rights (without prejudice to any other rights or remedies it may have) set out in condition 13 below, including the right to permanently remove User Generated Content and/or terminate a GamersFirst Account in respect of your use of the Game.
9.3 You acknowledge that you are responsible for all acts and omissions which occur under your name, any other names that have been created under your GamersFirst Account (for example character names) and/or your GamersFirst Account.

Rules of Conduct
9.4 You shall not (and you agree to not) generate any User Generated Content, or use the Game in a way, that:
9.4.1 infringes the rights of any other person or entity (including, without limitation, their Intellectual Property Rights) (and references to "any other person or entity" shall include Reloaded);
9.4.2 breaches any Applicable Laws;
9.4.3 in Reloaded's absolute discretion, Reloaded considers:
(a) is defamatory, vulgar, obscene, libelous, harmful, abusive, harassing, hateful, invasive of another's privacy, sexually explicit, or offensive (whether in relation to race, sex, religion or otherwise) or denigrating to anyone's reputation or general standing (whether or not actionable);
(b) is seeking to promote or encourage illegal activity;
(c) is false or misleading to others;
(d) is seeking to access another person's personal information or information relating to another GamersFirst Account;
(e) is seeking to interrupt, destroy or limit the functionality of the Game or any servers or networks connected to the Game or another's computer;
(f) amounts to unwanted or unauthorized advertising or solicitation; or
(g) is stalking or harassing of another person.
9.5 Without prejudice to your obligation under condition 9.4.3(e), you shall not (and you agree to not) introduce any software viruses or any other files or programs that may interrupt, destroy or limit the functionality of the Game or any servers or networks connected to the Game or another's computer.
9.6 You shall not (and you agree to not) seek to impersonate, or actually impersonate, any other person (whether living or dead), including (without limitation) any employee of GamersFirst or Reloaded, or hold yourself out as being falsely linked to, affiliated with or connected with any other person or entity (including, without limitation, GamersFirst or Reloaded) when or by:
9.6.1 communicating with others in connection with or as part of the Game (via the in-Game forums, VOIP or otherwise);
9.6.2 attaching any names to characters, clans, User Generated Content or anything else in connection with or as part of the Game or the name chosen;
9.6.3 creating character and other images in connection with or as part of the Game, or
9.6.4 carrying out any other activity in connection with or as part of the Game.
9.7 You shall not (and you agree to not) import any song or music in to the Music Studio within the Game (or any other part of the Game that allows music to be imported) without first holding all necessary Intellectual Property Rights and/or other legal rights in such songs or music to enable you to import such songs or music in to the Game without breaching the rights of any other party.
9.8 In addition to complying with Reloaded's rules of conduct yourself, you agree to not allow any other person or entity to commit any of the actions described in this condition 9.

10 WARRANTY
10.1 You warrant and represent that, in relation to any User Generated Content (or other content) that you introduce or import in to the Game:
10.1.1 you hold all necessary Intellectual Property Rights and/or other legal rights in such User Generated Content to enable you to introduce or import it into the Game without breaching or infringing the rights of any other person; and
10.1.2 such User Generated Content will not breach the Intellectual Property Rights of any other person (including without limitation Reloaded) or any other condition of this End User License Agreement.

11 COMPLAINTS POLICY
11.1 You are responsible for the submission and creation of your User Generated Content. You acknowledge and agree that Reloaded does not pre-screen User Generated Content, nor does it review or monitor User Generated Content on a regular basis to determine whether any User Generated Content breaches any laws.
11.2 Complaints regarding the Game must be made in writing to:
Attn: Legal Dept.
Reloaded Productions Inc.
6440 Oak Canyon, Suite 200
Irvine, CA 92618

and must specify the subject of the complaint, the reason for the complaint and your contact details so that Reloaded may contact you.
11.3 Upon receipt of a complaint, Reloaded will acknowledge receipt of the complaint and make an initial assessment of the validity of the complaint.
11.4 Pending the outcome of a complaint, Reloaded reserves the right to remove any User Generated Content or any other content or material comprising the Game.
11.5 If a complaint is deemed to be valid, Reloaded reserves the right to exercise any or all of its rights (without prejudice to any other rights or remedies it may have) set out in condition 12 below, including the right to permanently remove User Generated Content and/or terminate a GamersFirst Account in respect of your use of the Game.
11.6 You acknowledge that it may be necessary for Reloaded to seek legal advice before a complaint can be fully resolved.

12 TAKE DOWN NOTICES
12.1 If you own the copyright in any work and you believe that any content or material comprising the Game (including, without limitation, any User Generated Content) infringes your copyright, Reloaded will remove the infringing content or material if it receives a valid take down notice (being a takedown notice that fully complies with the laws of any country in which the copyrighted work is protected) in respect of the infringing content or material from you. Where applicable to an infringement, the Reloaded and GamersFirst takedown policies must be followed: www.gamersfirst.com

13 GAMERSFIRST’S AND RELOADED'S RIGHTS
13.1 You agree that GamersFirst and/or Reloaded may take whatever steps it deems necessary to deal with complaints or breaches (or suspected breaches) of this End User License Agreement, or to deal with or prevent any unacceptable behavior connected with the Game, including (without limitation):
13.1.1 warning users about particular behavior or actions;
13.1.2 deleting, suspending or terminating any GamersFirst Account:
13.1.3 removing or modifying any User Generated Content;
13.1.4 deducting G1 Credits from a user of the Game.
13.2 If GamersFirst and/or Reloaded deletes, suspends or terminates a GamersFirst Account in accordance with condition 13.1:
13.2.1 GamersFirst and/or Reloaded may delete, suspend or terminate any other GamersFirst Accounts that share any of the same details (such as email address, Internet Protocol address, or credit card number) with the deleted, suspended or terminated GamersFirst Account;
13.2.2 GamersFirst and/or Reloaded shall be entitled to prevent the user whose GamersFirst Account has been deleted, suspended or terminated from accessing the Game in any manner or for any reason whatsoever (including via any other GamersFirst Account) without the express written permission of GamersFirst and/or Reloaded;
13.2.3 the holder of the GamersFirst Account must not attempt to re-register as a user.

14 APB BRAND
14.1 You acknowledge that Reloaded owns all of the Intellectual Property Rights in the marks, logos and concepts connected with the “APB” and "All Points Bulletin" brands and that you shall not disseminate, publish or copy the trademarks, service marks and logos of Reloaded without Reloaded's prior written consent.

15 CONSENT TO MONITOR
15.1 You agree that GamersFirst and/or Reloaded shall be entitled, but not obliged, to monitor, record, review and modify any aspect of your GamersFirst Account and your use of the Game (including, without limitation, your communications with others in connection with or as part of the Game (via the in-Game forums, VOIP or otherwise)) without notice to you, and you expressly consent to such monitoring, recording, reviewing and modifying taking place. YOU THEREFORE MUST NOT HAVE ANY EXPECTATION OF PRIVACY WHEN USING THE SERVICE, SOFTWARE OR PLAYING THE GAME.
15.2 Without prejudice to the generality of condition 15.1, you also agree that:
15.2.1 Reloaded shall be entitled to monitor for the use of unauthorized third party software and the introduction of any unauthorized modifications or files to any part of the Game;
15.2.2 when the Game is running, Reloaded may obtain certain information about your computer and its operating system, including without limitation, its hard drive(s), random access memory (RAM), video card, central processing unit, Internet Protocol (IP) address(es) and operating system(s);
15.2.3 GamersFirst and/or Reloaded may, without notice to you, disclose your IP address(es), personal information, communications, and other information about you and your activities to third parties if such disclosure is required by law (or GamersFirst and/or Reloaded reasonably considers that such disclosure is required by law) or required to enforce the End User License Agreement.

16 GAMERSFIRST’S AND RELOADED's LIABILITY
16.1 Neither GamersFirst nor Reloaded excludes or restricts any liability it may have to the extent such liability cannot be excluded or restricted by any Applicable Laws. In particular, neither GamersFirst nor Reloaded excludes or restricts its liability for death or personal injury resulting from its negligence or the negligence of its employees or agents and nothing in this condition 16 shall operate to exclude, restrict or limit this liability.
16.2 Neither GamersFirst nor Reloaded will be liable (however arising) for:
16.2.1 any economic loss or damage (including loss of or damage to profit, revenue, business, contract, goodwill, or other financial loss) suffered by a user or any other person claiming through a user;
16.2.2 any loss of or damage to your or any third parties' software, hardware or other property or any data;
16.2.3 any loss of or damage to reputation;
16.2.4 any claim arising out of a claim against the user by any third party; or
16.2.5 any indirect or consequential loss or damage which is not reasonably foreseeable as likely to occur in the ordinary course of events.
16.2.6 Any loss of data or connection to Game servers beyond GamersFirst’s or Reloaded's control that results in unrecoverable User Generated Content.
16.3 In addition, neither GamersFirst nor Reloaded will be responsible for, nor accept any liability for:
16.3.1 Third Party Software; or
16.3.2 User Generated Content.
16.4 Any liability that GamersFirst or Reloaded does have to a user shall be limited to refunding to a user the amount paid for any unused G1 Credits credited to that user's account.
16.5 "However arising" includes any liability arising out of or in connection with this End User License Agreement or the Game however caused, and whatever the cause of action (i) whether arising by reason of any misrepresentation (but not any fraudulent misrepresentation) negligence, breach of statutory duty, other tort, repudiation, renunciation or other breach of contract, restitution or otherwise; (ii) whether arising under any indemnity; (iii) whether caused by any total or partial failure or delay in provision of the Game or by any defect in hardware, software or materials.
16.6 Each sub-condition of this condition 16 operates separately. If any part is disallowed or found to be ineffective by any court or other competent body the other parts will continue to apply.

17 INDEMNITY
17.1 You agree to indemnify and keep indemnified GamersFirst and Reloaded at all times against all claims, demands, liability, loss, damages, costs (including legal costs on a full indemnity basis) and expenses incurred by either GamersFirst or Reloaded arising out of or in connection with:
17.1.1 any breach of this End User License Agreement by you (including, without limitation, any breach of this End User License Agreement which results in any liability to any third party); and
17.1.2 any other misuse of the Game by you.

18 SERVICE INTERRUPTIONS
18.1 Neither GamersFirst nor Reloaded can guarantee that you will always be able to access the Game and/or your GamersFirst Account at all times. A non-exhaustive list of reasons why access may not be possible includes:
18.1.1 maintenance - GamersFirst and Reloaded reserve the right to interrupt the Game from time to time to perform maintenance;
18.1.2 force majeure - you acknowledge that the Game may be interrupted for reasons beyond the control of GamersFirst or Reloaded;
18.1.3 telecommunications failures - such as failure of your internet connection or an intermediary between your computer and the Game servers;
18.1.4 You agree that neither GamersFirst nor Reloaded will be liable for any inability to access your GamersFirst Account or any interruption of the Game, arising in these circumstances and in such circumstance you will not be entitled to a refund on any unused G1 Credits that remain on your GamersFirst Account.

19 TERM AND TERMINATION
19.1 You acknowledge and agree that you will not be able to access all areas of the Game, in accordance with the terms of this End User License Agreement during any period when you do not have acquired playtime (in accordance with condition 6) for your GamersFirst Account.
19.2 Without prejudice to GamersFirst and Reloaded's other rights or remedies, GamersFirst and/or Reloaded shall be entitled to terminate your GamersFirst Account (and this End User License Agreement) at any time on the giving of 30 days prior [written] notice to you, except such prior notice shall not be required under circumstances wherein a GamersFirst Account is terminated by GamersFirst or Reloaded for violating any part of the End User License Agreement.
19.3 If this End User License Agreement, or your GamersFirst Account, is terminated for any reason (including, without limitation under condition 19.2) you will not be entitled to a refund on any unused G1 Credits that remain on your GamersFirst Account at the date of termination.
19.4 If this End User License Agreement is terminated for any reason, neither you nor GamersFirst nor Reloaded will lose any rights which have already accrued. In addition, such termination will not affect the continuance in force of any terms and conditions of this End User License Agreement which is intended to come into or continue in force after termination.

20 AMENDMENTS
GamersFirst and Reloaded reserve the right to amend the terms of this End User License Agreement at any time by posting a notification of the amendment(s) on the Game website. GamersFirst and Reloaded will normally provide advanced notice of any such amendment(s) before they take effect. However, where changes are required to comply with Applicable Laws or other urgent changes are required no notice period may apply. No purported amendment to this End User License Agreement by a user shall be effective.

21 DATA PROTECTION
Your data protection rights are set out in our Privacy Policy at gamersfirst.com/apb.

22 EXPORT CONTROLS
22.1 In connection with the Game, you agree to comply with all export laws and restrictions and regulations of the Department of Commerce, the United States Department of Treasury Office of Foreign Assets Control ("OFAC"), or other United States or foreign agency or authority, and you agree not to export, or allow the export or re-export of any aspect of the Game in violation of any such restrictions, laws or regulations.
22.2 You warrant and represent that you are not located in, under the control of, or a national or resident of any restricted country according to the U.S. State Department's designated list of countries supporting terrorist activities.

23 EQUITABLE REMEDIES
23.1 You acknowledge and agree that damages alone may not be an adequate remedy for any breach by you of this End User License Agreement and that accordingly GamersFirst and/or Reloaded shall be entitled, without proof of special damages, to the remedies of injunction, specific performance or other equitable relief for any threatened or actual breach of this End User License Agreement.

24 DISPUTE RESOLUTION AND GOVERNING LAW
24.1 This End User License Agreement shall be governed by California law and applicable US federal law and subject to condition 24.2, the courts located in Orange County, California shall have exclusive jurisdiction over any disputes, save where local law which overrides this condition 24.1 entitles you to bring a claim in another jurisdiction.
24.2 If any dispute arises in connection with this End User License Agreement, GamersFirst/Reloaded and the user will try and resolve the dispute cooperative, promptly and amicably between themselves. If this is not possible within a period of 30 days from the date the parties ought reasonably to be aware that a dispute existed, the parties will attempt to settle it through binding arbitration, which to the fullest extent under applicable law shall be final non-appealable. The arbitration will be conducted under the rules of the Judicial Arbitration and Mediation Service ("JAMS") that are in effect at the time the arbitration is initiated, including the rules for the exchange of non-privileged and relevant information, and under the rules set forth in this Agreement. If there is a conflict between JAMS rules and the rules set forth in this Agreement, the rules set forth in this Agreement will govern. This arbitration will be governed under the JAMS Streamlined arbitration rules in force at the time the arbitration commences. Other fees will be paid in accordance with JAMS rules. The arbitration will be held at a JAMS dispute resolution center in Orange County, California unless you and GamersFirst/Reloaded both agree to another location. Forms and other information on filing a claim can be found at www.jamsadr.com.
BY AGREEING TO ARBITRATE AS SET FORTH HEREIN, YOU UNDERSTAND THAT WE ARE BOTH WAIVING OUR RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.
.

25 GENERAL PROVISIONS
25.1 You may not transfer any of your rights or obligations under this End User License Agreement to any other person without GamersFirst’s/Reloaded's prior written consent. GamersFirst and Reloaded can transfer all or any part of this End User License Agreement to another person, but your rights under this End User License Agreement will not be affected.

25.2 If, at any time, GamersFirst or Reloaded does not require you to comply with any part of this End User License Agreement or does not exercise any right or remedy it has against you, this will not prevent GamersFirst or Reloaded from doing so in the future.

25.3 Neither GamersFirst nor Reloaded shall have any liability (or be in breach of the terms of this End User License Agreement) if its performance or the availability of the Game is delayed, hindered or prevented by an any event or circumstance which arises from or is attributable to acts, events or omissions beyond its reasonable control, including without limitation strikes, lock-outs or other industrial action (whether or not involving its workforce), act of God, war (or other action of military forces), riot, civil commotion, acts of terrorism, theft, malicious damage, compliance with any law of governmental order, rule, regulation or direction in each case not being enacted or in place (but whether or not in force) on the date of this Agreement, accident, failure or breakdown of plant, machinery, systems or vehicles, fire, flood, extreme weather conditions, or default of suppliers or sub-contractors or the actions or omissions of the user.

25.4 This Agreement is entered into for the benefit of GamersFirst, Reloaded and all of their associated companies ("Group Companies"). Each Group Company shall each be entitled, in its own right as a third party to enforce:
25.4.1 every defense and limitation expressed to be in favor of GamersFirst and Reloaded;
25.4.2 all indemnities expressed to be in favor of GamersFirst and Reloaded;
and all other provisions for the benefit of GamersFirst and Reloaded, as if such provisions were expressed to be for the benefit of the relevant Group Company in each case, to the extent determined by GamersFirst and Reloaded in their absolute discretion from time to time.

25.5 Without prejudice to the rights conferred on Group Companies pursuant to condition 25.4 above, GamersFirst or Reloaded shall be entitled (but not required) to bring actions against a user for losses, costs, expenses and liabilities incurred by Group Companies in connection with the matters referred to in condition 25.4 and in those circumstances, such amounts shall be treated as the losses, costs, expenses and liabilities of GamersFirst or Reloaded.

25.6 The parties shall not be required to notify or obtain the consent of any Group Company in order to rescind or vary this Agreement or any provision of it.

25.7 The aggregate liability of all Group Companies collectively shall be no greater than the liability of GamersFirst or Reloaded alone, as set out above.

25.8 Except as expressly provided for in this End User License Agreement, the parties confirm that it is not their intention to confer any rights on any person who is not a party to this Agreement.

25.9 If any part of this End User License Agreement is disallowed or held to be ineffective by any court or other competent body, the rest of the End User License Agreement will not be affected.

25.10 You agree that this End User License Agreement and the other terms, documents and policies referred to in it constitutes our entire agreement and understanding and supersedes any previous agreement or understanding between us with respect to its subject matter.

KEY INFORMATION
25.1 You acknowledge and agree that you have been provided with the following information before accepting these terms:
25.1.1 Reloaded's address details -
Reloaded Productions Inc.
6440 Oak Canyon, Suite 200
Irvine, CA 92618
25.1.2 a description of the Service;
25.1.3 details of how to contact Reloaded - see condition 11 and our website;
25.1.4 details of payments associated with the use of the Game - see condition 8 and our website.


B. GamersFirst End User License Agreement

YOU SHOULD CAREFULLY READ THE FOLLOWING END USER LICENSE AGREEMENT BEFORE INSTALLING THIS SOFTWARE PROGRAM. BY INSTALLING, COPYING, OR OTHERWISE USING THE GAME, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, PROMPTLY CONTACT YOUR PLACE OF PURCHASE REGARDING ITS RETURN POLICY FOR THE SOFTWARE PRODUCT.

This software program on CD-ROM or DVD-ROM ("CD-ROM") or applicable files which K2 Network, Inc. ("K2 Network") may make available for direct download, and any files that are delivered to you by us (via on-line transmission or otherwise) to "patch," update, or otherwise modify the software program, or online files accessible through a web browser 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 materials (collectively, along with the "Game Client" defined below, the "Game") are the copyrighted work of K2 Network or its suppliers and licensors (collectively referred to herein as "Licensor"). Your use of the Game is governed by the terms of this End User License Agreement ("License Agreement" or "Agreement") and a separate Terms of Use Agreement ("Terms of Use") to which you must also agree to play the game. The Game may only be played by obtaining from Licensor access to the K2 Network massive multi-player on-line game service (the "Service"), which is subject to a separate Terms of Use agreement (the "Terms of Use"). If your purchase of the Game included a period of "free access" to the Service, the Terms of Use agreement also governs your access to the Service during the period of "free access." The Game is distributed solely for use by authorized end users according to the terms of this License Agreement. Any use, reproduction or redistribution of the Game not expressly authorized by the terms of this License Agreement is expressly prohibited.

1. Grant of a Limited Use License. The Game installs computer software (hereafter referred to as the "Game Client") onto your hardware to allow you to play the Game through your account with the Service (your "Account"). Licensor hereby grants, and by installing the Game Client you thereby accept, a limited, non-exclusive license and right to install the Game Client for your personal use on one (1) or more computers which you own or which are under your personal control. All use of the Game Client is subject to this License Agreement and to the Terms of Use agreement, which you must accept before you can use your Account to play the Game through access to the Service. As discussed in Section 12, Licensor reserves the right to change this Agreement and the Terms of Use at any time. Such changes shall be posted on our website [http://www.k2network.net>. Your continued use of the game constitutes your acceptances of such updates, modifications, or changes.

2. Service and Terms of Use. As mentioned above, you must accept the separate Terms of Use agreement in order to access the Service to 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.gamersfirst.com>. If you do not agree with the Terms of Use, then (i) you should not register for an Account to play the Game, and (ii) you should promptly contact your retailer for a refund for the Game. Once you accept the Terms of Use and register an Account, the purchase price of the Game and any payments for the Game or Service will not be refunded to you if you choose not to continue to use the Service.

3. Ownership.

A. All title, ownership rights and intellectual property rights in and to the Game and all copies thereof (including, but not limited to, any titles, computer code, themes, objects, characters, character names, stories, dialog, catch phrases, locations, concepts, artwork, character inventories, structural or landscape designs, animations, sounds, musical compositions, audio-visual effects, storylines, character likenesses, methods of operation, moral rights, any related documentation, and "applets" incorporated into the Game) are owned or licensed by Licensor. The Game is protected by the copyright laws of the United States, international copyright treaties and conventions, and other laws. All rights are reserved. The Game may contain certain licensed materials, and the licensors of those materials may enforce their rights in the event of any violation of this License Agreement.

B. You may not transfer ownership of the Game, any parts thereof, nor any of your rights and obligations under the License Agreement, to another.

C. Release. You hereby release and covenant not to hold liable K2 Network or its affiliates, or any of their licensees, assigns or successors, for any and all damages, liabilities, causes of action, judgments or claims (a) pertaining to any intellectual property you assert to have been developed by you or any third party that interacts with, uses, or relates to the Game; and (b) which otherwise may arise in connection with your use of, reliance on, or reference to the Game. K2 Network retains the Intellectual Property Rights in and to the Game and any derivative works thereto created by or for any other person or entity.

4. Responsibilities of End User.

A. Subject to the Grant of License hereinabove, you may not, in whole or in part, copy, photocopy, reproduce, translate, reverse engineer, derive source code, modify, disassemble, decompile, or create derivative works based on the Game, or remove any proprietary notices or labels on the Game. Failure to comply with the restrictions and limitations contained in this Section 4 shall result in the immediate, automatic termination of the license granted hereunder and may subject you to civil and/or criminal liability. Notwithstanding the foregoing, you may make one (1) copy of the Game Client and the Manuals for archival purposes only in accordance with Section 117 of the United States Copyright Act.

B. You agree that you shall not, under any circumstances:

i. sell, grant a security interest in or transfer reproductions of the Game to other parties in any way not expressly authorized herein, nor shall you rent, lease or sublicense the Game to others;

ii. exploit the Game or any of its parts, including, but not limited to, the Game Client, for any commercial purpose;

iii. host, provide or develop matchmaking services for the Game or intercept, emulate or redirect the communication protocols used by Licensor in any way, including, without limitation, through protocol emulation, tunneling, packet sniffing, modifying or adding components to the Game, use of a utility program or any other techniques now known or hereafter developed, for any purpose, including, but not limited to, unauthorized network play over the Internet, network play utilizing commercial or non-commercial gaming networks or as part of content aggregation networks; or

iv. create or maintain, under any circumstance, any unauthorized connections to the Game or the Service. All connections to the Game and/or the Service, whether created by the Game Client or by other tools and utilities, may only be made through methods and means expressly approved by Licensor. Under no circumstances may you connect, or create tools that allow you or others to connect, to the Game's proprietary interface or interfaces other than those expressly provided by Licensor for public use.

5. Termination. This License Agreement is effective until terminated. You may terminate the License Agreement at any time by (i) destroying all copies of the Game in your possession; (ii) removing the Game Client from your hard drive; and (iii) notifying Licensor of your intention to terminate this License Agreement by contacting us via our website at [http://www.k2network.net>. Licensor may, at its sole discretion, terminate this License Agreement for any reason including in the event that you fail to comply with the terms and conditions contained herein, or the terms and conditions contained in the Terms of Use. In such event, you must immediately destroy all copies of the Game in your possession and remove the Game Client from your hard drive. Upon termination of this Agreement for any reason, all licenses granted herein shall immediately terminate. Licensor may discontinue the Game and terminate this Agreement at its sole discretion at any time after ten days advance notice posted to the postal address of the end user, or to the e-mail address of the end user, or on its website [http://www.k2network.net>. or by providing any other suitable notice.

6. Export Restrictions and Controls. You acknowledge that the Game may be subject to international rules that govern the export of software. You agree to comply with all applicable international and national laws that apply to the Game as well as end-user, end-use and destination restrictions issued by national governments. You will cooperate with K2 Network as necessary to ensure compliance with the laws and regulations of the United States and all other relevant countries, relating to exports and re-exports. 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. By installing the Game, you are agreeing to the foregoing, and you are representing and warranting that you are not located in, under the control of, or a national or resident of any such country or on any such list.

7. Patches and Updates. Licensor may deploy or provide patches, updates and modifications to the Game that must be installed for the user to continue to play the Game. You consent to Licensor updating the Game remotely, including, without limitation, the Game Client residing on your machine, without advance or other notice to you, and you hereby grant to Licensor your consent to deploy and apply such patches, updates and modifications to the Game by push, pull, or any other technology now known or hereinafter developed.

8. 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 Licensor. You understand and agree that the Service is provided by Licensor at its discretion and may be terminated or otherwise discontinued by Licensor pursuant to the Terms of Use.

9. Limited Warranty. To the fullest extent permitted under applicable law, Licensor expressly disclaims any warranty for the Game, including the Game Client and Manual(s). THE GAME, GAME CLIENT AND MANUAL(S) ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF CONDITION, USE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, OR NONINFRINGEMENT. The entire risk arising out of use or performance of the Game, Game Client and Manual(s) remains with the user. THE LIMITATION OF LIABILITY BELOW SETS FORTH 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 OR LIABILITY FOR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. YOUR ONLY RIGHT OR REMEDY WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH THE GAME IS TO DEINSTALL AND CEASE USE OF SUCH GAME.

10. Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE, OUR LICENSORS, OUR AFFILIATES OR OUR SUPPLIERS, AND OUR AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY LOST PROFITS OR SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES (HOWEVER ARISING, INCLUDING NEGLIGENCE) ARISING OUT OF OR IN CONNECTION WITH THE POSSESSION, USE, OR MALFUNCTION OF THE SOFTWARE, YOUR ACCOUNT, THE GAME, OR THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, 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. THE LIABILITY OF K2 NETWORK, OUR LICENSORS OR ANY OF OUR OR THEIR RESPECTIVE PARENT OR AFFILIATED COMPANIES TO YOU OR ANY THIRD PARTIES IS LIMITED TO $100. YOU AGREE TO WAIVE ANY RIGHT TO EQUITABLE RELIEF INCLUDING, WITHOUT LIMITATION, INJUNCTIVE RELIEF AGAINST K2 NETWORK, ITS LICENSORS, THEIR PARENTS OR AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS TO ENFORCE THE TERMS HEREOF; HOWEVER, THE FOREGOING SHALL NOT PRECLUDE K2 NETWORK AND/OR ITS LICENSORS FROM SEEKING ANY INJUNCTIVE RELIEF. Some jurisdictions do not allow the foregoing limitations of liability, so they may not apply to you.

11. Equitable Remedies. You hereby agree that Licensor would be irreparably damaged if the terms of this License Agreement were not specifically enforced, and therefore you agree that Licensor 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 Licensor may otherwise have available to it under applicable laws.

12. Changes to the Agreement. K2 Network 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 K2 Network upgrades the Game Client, effective upon prior notice as follows: K2 Network will post notification of any such changes to this License Agreement on the Game website and will post the revised version of this License Agreement in this location, and may provide such other notice as by postal mail, email or pop-up screen. 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 5 herein. Your installation and use of any updated or modifications to the Game or your continued use of the Game following notice of changes to this Agreement as described above will mean you accept any and all such changes. K2 NETWORK MAY CHANGE, MODIFY, SUSPEND, OR DISCONTINUE ANY ASPECT OF THE GAME AT ANY TIME. K2 Network may also impose limits on certain features or restrict your access to parts or all of the Game without notice to you or liability licensor. You agree that you have no interest, monetary or otherwise, in any feature or content contained in the Game.

13. Jurisdiction’s Restrictions. If you are residing in a jurisdiction which restricts the use of internet-based applications according to age, or which restricts the ability to enter into agreements such as this agreement according to age and you are under such a jurisdiction and under such age limit, you may not enter into this Agreement and download, install or use the Game.

14. Relationship Between the Parties. The relationship between you and K2 Network is that of licensee/licensor. Neither party will represent that it has any authority to assume or create any obligation, express or implied, on behalf of the other party, nor to represent the other party as agent, employee, franchisee, or in any other capacity.

15. Representations and Warranties. You represent and warrant that all information provided by you is true and accurate and complete, and that you are authorized to enter into this Agreement and comply with its terms. Furthermore, You represent and warrant that you will at any and all times meet with your obligations hereunder, as well as any and all laws, regulations and policies that may apply to the use of the Game.

16. Resolution of Disputes
In order to expedite and control the cost of disputes, you and K2 Network agree that any legal or equitable claim relating to this Agreement (referred to as "Claim") will be resolved as follows:

A. Informal Resolution.

You and K2 Network agree that we will first try to resolve any Claim informally. Accordingly, neither of us may start a formal proceeding (except for Claims involving any violation of the federal trademark or copyright laws, or for injunctive relief) for at least 30 days after one of us notifies the other of a Claim in writing. K2 Network will send its notice to your billing address, with a copy via email to your email address. You will send your notice to:

K2 Network, Inc., 14252 Culver Dr. #A355, Irvine, CA 92604. Attn: Legal Department.

B. Formal Resolution - US and International Residents

(1) Agreement to Arbitrate.

If we cannot resolve a Claim informally, we agree that any and all Claims either of us asserts shall be resolved solely through binding arbitration, which to the fullest extent under applicable law shall be final non-appealable. The arbitration will be conducted under the rules of the Judicial Arbitration and Mediation Service ("JAMS") that are in effect at the time the arbitration is initiated, including the rules for the exchange of non-privileged and relevant information, and under the rules set forth in this Agreement. If there is a conflict between JAMS rules and the rules set forth in this Agreement, the rules set forth in this Agreement will govern. This arbitration will be governed under the JAMS Streamlined arbitration rules in force at the time the arbitration commences. Other fees will be paid in accordance with JAMS rules. The arbitration will be held at a JAMS dispute resolution center in Orange County, California unless you and K2 Network both agree to another location. Forms and other information on filing such a Claim can be found at [www.jamsadr.com].

BY AGREEING TO ARBITRATE AS SET FORTH HEREIN, YOU UNDERSTAND THAT WE ARE BOTH WAIVING OUR RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.

(2) Special Rules.

You and K2 Network agree that the type of arbitration in which we both agree to participate is between K2 Network and you as an individual. YOU AND K2 NETWORK THAT NEITHER OF US WILL UTILIZE OR ATTEMPT TO UTILIZE CLASS ACTION ARBITRATION PROCEDURES IN ANY ARBITRATION.

C. Formal Resolution - Jurisdiction - and Jurisdiction.

Both parties submit to personal jurisdiction in California and further agree that any Claim shall be exclusively brought in under the JAMS rules in the County of Orange, State of California. Parties agree that the laws of the State of California shall govern the resolution of any Claim arising out of this agreement.

D. Severability

In the event that any provision of this Terms of Service shall be held by an arbitrator, court, or other tribunal of competent jurisdiction to be unenforceable, such provision will be enforced to the maximum extent permissible, and the remaining portions of this License Agreement shall remain in full force and effect.

In particular in regard to Section 16(b), you and K2 Network agree that if Section 16(b)(1) is found to be unenforceable by a court of competent jurisdiction, it shall be severed from this Agreement and - in that event -- you and K2 Network agree to submit to personal jurisdiction in California and agree that any Claim shall be exclusively brought in the appropriate state or federal court in the County of Orange, State of California. You and K2 Network also agree that if Section 16(b)(2) is found to be unenforceable by a court of competent jurisdiction, then - regardless of the enforceability of Section 16(b)(1) -- any class action Claim shall be exclusively brought in the appropriate state or federal court in the County of Orange, State of California and you agree to submit to personal jurisdiction in California.

I hereby acknowledge that I have read and understand the foregoing License Agreement and agree that the action of installing the Game Client is an acknowledgment of my agreement to be bound by the terms and conditions of the License Agreement contained herein.


C. Pando End User License Agreement

All Pando users must agree to an End User License Agreement and Terms of Use before installing Pando software. By installing the software you agree to abide by the terms in this agreement.


PANDO NETWORKS, INC. SOFTWARE LICENSE AGREEMENT AND TERMS OF USE (PANDO MEDIA BOOSTER)

This is a legal agreement between you, the end user, ("you" or "your"), and Pando Networks, Inc. ("Pando Networks"). By installing the software you agree to abide by the terms in this agreement. If you do not agree with the terms and conditions of this Agreement, you may uninstall the software at any time. Pando Networks grants to you a personal, non-commercial, non-exclusive, non-transferable, non-sublicensable, license to use Pando Networks' Pando Media Booster software, with which this Agreement is provided, including any product documentation and any modifications, error corrections, bug fixes, new releases or other updates (collectively, the "Software") that may be provided by Pando Networks during the term of this Agreement. Your use of the Software is subject to your compliance with all of the terms and conditions of this Agreement and the policies of Pando Networks as posted on its website from time to time. By installing and using the Software you acknowledge that you agree to be bound by all such policies. Pando Networks reserves the right to modify or discontinue your access to any content, or to change the terms of use or any Pando Networks policies at any time with or without prior notice.
As a condition of your using the Software, you agree that you will not (a) export or re-export the Software except in compliance with the export control laws of the United States and other relevant jurisdictions; or (b) collect any information about Pando Networks' network or users of the Software by monitoring, interdicting or intercepting any process of the Software. You agree to defend, indemnify and hold harmless Pando Networks from any violation by you of the terms of this Agreement.

USAGE

(a) You hereby grant permission for the Software to utilize the processor and bandwidth of your computer for the limited purposes of facilitating the transfer of digital files and communication to users of the Software. (b) The Software shall be utilized to transfer those files published into Pando Networks' managed and secured network via approved partners.

SOFTWARE UPDATES

Pando Networks may from time to time update or otherwise modify the Software electronically. You hereby grant Pando Networks permission to: (i) extract hardware system profile data from your computer; (ii)communicate to Pando information pertaining to transfer statistics and your ability to access the System; and (iii) download to your computer software updates and data related to the operation of Pando Media Booster (PMB).

NEW RELEASES OF THE SOFTWARE

You are not entitled to receive any new releases of the Software, or any updates, upgrades or similar products under the EULA, but Pando Networks may, in its sole discretion, offer any or all of the foregoing to you. Pando Networks may update, upgrade or otherwise enhance the Software at any time, in its sole discretion, without obligation or notification to you. Periodically, Pando Networks may require all users to migrate to new releases of the Software in order to continue accessing the System and downloading content via PMB. When a new release is required, you must install and use the new release to continue accessing the System and downloading content. If you fail to install the required release Pando Networks shall not be responsible in any way for your inability to access the System or download content, and you shall not be entitled to receive a refund of any fees or any other form of compensation.

CRASH REPORTING

At Pando Networks’ discretion a sample of crashes in the PMB software may be reported to an automatic analysis system. These reports are then analyzed by our engineers to fix issues in future versions of the software.


The copyright, trade secrets and all other intellectual property rights in the Software and product documentation (including any images, photographs, animations, video, audio, music and text incorporated in them) and all trademarks and trade names associated with them are owned by Pando Networks or its suppliers and are protected by the copyright, trademark and other laws of the United States and other countries and by international treaty provisions. You may not use any of them except as expressly permitted in this Agreement. Pando Networks retains all rights not expressly granted in this Agreement.

Portions of the Software may contain software licensed from third parties and are subject to the terms and conditions of third party license agreements. You agree to comply with all such terms and conditions.


PANDO NETWORKS PROVIDES THE SOFTWARE "AS IS" AND "AS AVAILABLE." YOU ASSUME ALL RISKS IN USING THE SOFTWARE. PANDO NETWORKS IS NOT RESPONSIBLE FOR THE ACCURACY, INTEGRITY, QUALITY, INOFFENSIVENESS OR LEGALITY OF ANY CONTENT MADE AVAILABLE BY USERS. PANDO NETWORKS HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, WITH REGARD TO THE SOFTWARE, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

PANDO NETWORKS DISCLAIMS ALL LIABILITY, EXPRESS AND IMPLIED, RELATED TO YOUR USE OF ITS SOFTWARE. WITHOUT LIMITATION, YOU AGREE THAT PANDO NETWORKS SHALL NOT BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL OR OTHER INDIRECT DAMAGES, EVEN IF PANDO NETWORKS BECOMES AWARE OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE RECOURSE IN THE EVENT THAT YOU ARE NOT SATISFIED WITH THE SOFTWARE OR IN THE EVENT THAT YOU SUFFER FINANCIAL OR OTHER INJURY OR DAMAGE IS TO CEASE USING THE SOFTWARE. SOME STATES DO NOT ALLOW THE EXCLUSION OF ALL DAMAGES OR INDIRECT DAMAGES, AND IN SUCH EVENT, YOU AGREE THAT THE LIMIT OF PANDO NETWORK'S LIABILITY SHALL BE ONE HUNDRED DOLLARS..

If you have any questions about this Agreement or the terms of any Pando Networks policy, terms of use or other practice or procedure, you may communicate with us by sending an email to policies@pando.com

If you encounter any technical issues with the software, you may communicate with us by sending an email to downloader@pandonetworks.com


D. PunkBuster End User License Agreement

The terms of this Software License Agreement (this "Agreement") shall apply to all versions, editions, and future updates of PunkBuster software and constitute a legal agreement between you (the "Licensee") and Even Balance, Inc. (the "Licensor").

BY INSTALLING, ENABLING OR USING PUNKBUSTER SOFTWARE, THE LICENSEE IS CONSENTING TO BE BOUND BY AND IS BECOMING A PARTY TO THIS AGREEMENT. IF LICENSEE DOES NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, ACCEPTANCE MUST NOT BE SPECIFIED BELOW AND LICENSEE MUST NOT INSTALL OR USE THE SOFTWARE.

EVEN BALANCE, INC. RESERVES ALL RIGHTS NOT SPECIFICALLY GRANTED HEREIN.

Licensor grants Licensee a non-exclusive and non-transferable license to use PunkBuster software only for non-commercial entertainment purposes. Licensee may not disassemble, decompile, reverse engineer, redistribute (in any form), create derivative works of, or modify PunkBuster software in any way. Licensor reserves the right to terminate the license at any time and for any reason, or no reason at all, and without notice to licensee. Additionally, upon breach of any term of this Agreement, the license granted under this Agreement shall automatically terminate without any additional notice to Licensee. Upon termination of the license, Licensee shall destroy all copies of PunkBuster software in Licensee's possession.

Licensee acknowledges that use of PunkBuster software may be required for playing games that integrate PunkBuster software technology and that Licensor has no control over any such requirements. Licensee also acknowledges and agrees that PunkBuster software is self-updating, which means that future updates will, from time to time and without any notice, automatically be downloaded and installed as a normal and expected function of PunkBuster software. Licensee further acknowledges and accepts that PunkBuster software may be considered invasive. Licensee understands that PunkBuster software inspects and reports information about the computer on which it is installed to other connected computers and Licensee agrees to allow PunkBuster software to inspect and report such information about the computer on which Licensee installs PunkBuster software. Licensee understands and agrees that the information that may be inspected and reported by PunkBuster software includes, but is not limited to, Licensee's Internet Protocol Address, devices and any files residing on the hard-drive and in the memory of the computer on which PunkBuster software is installed. Licensee acknowledges and agrees that if Licensee does not want Licensor to collect and process such information, Licensee should not use the PunkBuster software. Further, Licensee consents to allow PunkBuster software to transfer actual screenshots taken of Licensee's computer during the operation of PunkBuster software for possible publication. Licensee understands that the purpose and goal of PunkBuster is to ensure a cheat-free environment for all participants in online games. Licensee agrees that the invasive nature of PunkBuster software is necessary to meet this purpose and goal. Licensee agrees that any harm or lack of privacy resulting from the installation and use of PunkBuster software is not as valuable to Licensee as the potential ability to play interactive online games with the benefits afforded by using PunkBuster software.

Licensee agrees not to export or re-export into any country subject to U.S. trade sanctions or to which the U.S. has embargoed goods or to any nationals or residents of such countries unless such nationals are permanent residents of a country that is not subject either to such sanctions or embargoed goods. LICENSEE AGREES NOT TO DOWNLOAD, INSTALL, OR USE PUNKBUSTER SOFTWARE IN A COUNTRY OR LOCALE WHERE SUCH ACTION WOULD VIOLATE ANY LAW OR ORDINANCE.

This Software License Agreement shall be construed in accordance with and governed by the applicable laws of the State of Texas and applicable United States federal law. Exclusive venue for all litigation regarding this Agreement shall be in Harris County, Texas. Licensee agrees that any portion of this Agreement found to be invalid or unenforceable shall be modified, to the extent allowed by law, so as to allow for the enforcement of the original intended meaning of the portion found to be invalid or unenforceable.

PUNKBUSTER SOFTWARE IS PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTY OF ANY KIND INCLUDING, BUT NOT LIMITED TO, AND WITHOUT LIMITATION, THAT IT IS FREE OF DEFECTS, FIT FOR A PARTICULAR PURPOSE, OR THAT IT IS MERCHANTABLE. LICENSOR DOES NOT WARRANT THAT THE OPERATION OF PUNKBUSTER SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT IT WILL MEET LICENSEE'S SPECIFIC REQUIREMENTS OR DESIRES. LICENSEE AGREES THAT NEITHER EVEN BALANCE, INC., ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, CONTRACTORS, LICENSORS, BUSINESS PARTNERS, SUCCESSORS NOR ASSIGNS SHALL BE LIABLE FOR ANY CLAIM WHATSOEVER INVOLVING PUNKBUSTER SOFTWARE IN ANY WAY. FURTHERMORE, SHOULD ANY VERSION OF PUNKBUSTER SOFTWARE, INCLUDING FUTURE VERSIONS, PROVE DEFECTIVE IN ANY WAY, LICENSEE ASSUMES THE ENTIRE COST, IF ANY, OF LOSS OR DAMAGE OF ANY TYPE AND TO ANY DEGREE. THIS WARRANTY DISCLAIMER SHALL SURVIVE TERMINATION OF THE LICENSE OF PUNKBUSTER SOFTWARE BY LICENSEE, REGARDLESS OF WHETHER THE LICENSE IS TERMINATED BY EVENBALANCE, INC. OR LICENSEE.

This Agreement constitutes the entire agreement between Licensor and Licensee and supercedes any prior statements, whether written or oral.