SOEGAMES.NET TERMS OF SERVICE

The SOEGames.net service (the "Service") is offered to you conditioned on your acceptance, without modification, of the terms and conditions set forth below (the "Terms of Use"). Sony Online Entertainment Inc. or, for customers in the European Union, SOE Europe Limited (collectively, "SOE" or "we") may change, add or remove any part of the Terms of Use at any time by posting a notice of such changes, and such modification(s) shall become effective immediately upon posting.

1. SOE hereby grants you a limited, personal, revocable license to use the Service solely in connection with SOE published games, and for no other purpose. You may not use the Service for any business or commercial purpose unless you obtain SOE's prior written permission. SOE may discontinue the Service, in whole or in part, to any user or to all users, at any time in its sole discretion. Any rights that SOE does not expressly grant you in these Terms of Use are expressly reserved by SOE.

2. In order to use the Service, you must use a unique CD key from the SOE published game with which you want to use the Service (for games in which SOE provides such a key), and you must have a valid account (a "Station Account") in good standing that you registered at http://www.station.sony.com(the "Station"). You are bound by the Station Terms of Service (www.sonyonline.com/tos/tos.jsp) while on the Station; these Terms of Use shall supplement, but not replace, the Station Terms of Service. The Privacy Policy that governs your use of the Service is located at http://www.sonyonline.com/tos/privacy.jsp. SOE reserves the right to suspend or terminate any Station Account of any member who has violated any of these Terms of Use; obviously, you will lose access to any game character(s) (for instance, EverQuest, EQOA or PlanetSide characters) on any Station Account that SOE has suspended or terminated - without any right to refund or recompense.

3. You shall not, through, via or in connection with your use of the Service:

(i) transmit any message, information, data, text, software or graphic files, or other materials ("Content") that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, that may be invasive

of another's right of privacy or publicity, hateful, racially, ethnically or otherwise objectionable;

(ii) impersonate any person or entity, including but not limited to, a Station official, forum leader, guide or host or falsely state or otherwise misrepresent your affiliation with a person or entity;

(iii) post or transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as nondisclosure agreements);

(iv) post or transmit any Content that contains a virus, worm, bot or corrupted data;

(v) use the Service in a manner that adversely affects the availability of its resources to other users (e.g., fenial of service attack, excessive shouting [use of all caps], flooding [continuous posting of repetitive text] or excessively large embedded images);

(vi) post or transmit any unsolicited advertising, promotional materials, "junk mail", "spam", "chain letters", "pyramid schemes" or any other form of solicitation; (vii) intentionally or unintentionally violate any applicable local, state, national or international law, rule or regulation;

(viii) upload or transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;

(ix) use any third party software or modify any game client (such as through macros, hacks and cheats) to unfairly impact game play; or

(x) cheat.

4. All computer software, displays, artwork, music and other components of the Service (collectively, the "Software") are the copyrighted intellectual property of SOE. You shall not:

(i) copy, rent, lease, sublicense all or any portion of the Software;

(ii) modify or prepare derivative works of the Software;

(iii) retransmit or mirror the Software;

(iv) remove or modify any copyright or trademark notice on any part of the Software; or

(v) reverse engineer, disassemble or decompile any part or all of the Software.

5. You understand that anything sent via the Service is the sole responsibility of the sending party. SOE has no obligation to monitor or supervise the Service, expressly disclaims any representation that it will monitor or supervise the Service -- but also expressly reserves the right to monitor or supervise the Service in its sole discretion. You understand that anything that you transmit through the Service is routed through SOE's servers, you have no expectation of privacy in anything that you so transmit (even if you intend it to be a private message) and you expressly consent to SOE's monitoring of anything that you send, receive and/or store through the Service.

6. When you make your IP address available on the Service you have made it public and, accordingly, you should take appropriate measures (such as a firewall) to safeguard your hardware and data from attack or unauthorized access by third parties. You expressly release SOE, its affiliated companies and their officers, directors, employees and agents from any claim or loss you may suffer as a result of any third party access to your hardware or data.

7. NEITHER SOE, ANY COMPANY AFFILIATED WITH SOE, NOR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS, MAKE ANY WARRANTY WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE. THE SERVICE AND SOFTWARE ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT. USE OF THE SERVICE IS AT YOUR SOLE RISK.

THE DISCLAIMERS OF LIABILITY CONTAINED IN THIS SECTION 7 APPLY TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF THE SERVICE, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. IN NO EVENT WILL SOE, ANY COMPANY AFFILIATED WITH SOE, OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS, BE LIABLE FOR (A) ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO (I) THE USE OF OR INABILITY TO USE THE SERVICE, (II) THE BREACH OF ANY REPRESENTATION OR WARRANTY, (III) THE USE BY YOU OF THE SERVICE AND/OR (IV) THE DOWNLOADING OF ANY SOFTWARE OWNED OR OPERATED BY ANY THIRD PARTY, IN CONNECTION WITH THE SERVICE OR (B) ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO THE SERVICE, EVEN IF SOE WAS PREVIOUSLY ADVISED OF THE POSSIBILITY

OF SUCH DAMAGES. IN THE EVENT OF ANY CLAIM RELATING TO THE PERFORMANCE OR NONPERFORMANCE BY SOE PURSUANT TO THESE TERMS OF USE, OR IN ANY OTHER WAY CONCERNING THE SERVICE, IS MADE BY YOU, THE ACTUAL DAMAGES TO WHICH YOU MAY BE ENTITLED SHALL BE LIMITED TO THE GREATER OF (I) $50.00 OR (II) THE FEES, IF ANY, PAID BY YOU FOR USE OF THE SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

8. SOE shall have the right to terminate or suspend your use of the Service, effective immediately and without prior notice, in the event of any conduct by you which SOE, in its sole discretion, considers to be unacceptable, or for conduct that SOE believes is a violation of the Terms of Use contained herein or any policies or guidelines posted by SOE on The Station, or for other conduct which SOE believes, in its sole discretion, is harmful to SOE or other Service users. SOE reserves the right to deny registration of any individual as a Station Member and, thus, to deny access to the Service to any individual.

9. You agree to indemnify, defend and hold harmless SOE, SOE's affiliated companies, and all of their respective officers, directors, owners, agents, employees, information providers, affiliates, licensors and licensees (collectively, "Indemnified Parties") from and against any and all liability and costs including, without limitation, attorneys' fees and costs, incurred by the Indemnified Parties in connection with any claim arising out of (i) any breach by you of the Terms of Use or the foregoing representations, warranties and covenants or (ii) your use of the Service.

10. The Service is controlled and operated by SOE from its offices within the State of California, United States of America; but may be served remotely. SOE makes no representation that the Service is available for use in any particular location. Those who choose to access the Service from countries other than the United States do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. The Software is subject to United States export controls. The Software may NOT be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders (including, but not limited to, the

Denied Persons List). By downloading or using the Software, 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.

11. These Terms of Use constitutes the entire agreement between SOE and you with respect to the subject matter hereof, and supersedes all previous agreements between the parties with respect to such subject matter, whether written or oral. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not affect the interpretation of this Agreement. If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions.

12. For users from outside the European Union, this Agreement shall be construed in accordance with the laws of the State of California, without regard to California's principles of conflict of laws, and you hereby consent to personal and exclusive jurisdiction by and venue of the state and federal courts sitting in the State of California, Southern District. For users from within the European Union, this Agreement shall be construed in accordance with the laws of the United Kingdom and you hereby consent to personal and exclusive jurisdiction and exclusive venue of the courts within the United Kingdom.

 

USER AGREEMENT AND SOFTWARE LICENSE

CHAMPIONS: RETURN TO ARMS™ USER AGREEMENT AND SOFTWARE LICENSE THIS CHAMPIONS: RETURN TO ARMS™ USER AGREEMENT AND SOFTWARE LICENSE (THE "AGREEMENT") IS A LEGAL AGREEMENT BETWEEN YOU AND SONY ONLINE ENTERTAINMENT INC. ("SOE" OR "WE") WITH RESPECT TO YOUR USE OF CHAMPIONS: RETURN TO ARMS FOR THE PlayStation®2 console, INCLUDING ANY COMPUTER OR GAME CONSOLE SOFTWARE, DVD-ROM, PRINTED, ELECTRONIC, AND ONLINE MATERIALS AND ASSOCIATED MEDIA AND DOCUMENTATION (COLLECTIVELY, THE "GAME"). THE GAME ALSO INCLUDES ANY UPDATES AND SUPPLEMENTS TO THE ORIGINAL GAME PROVIDED TO YOU BY SOE. BY INSTALLING, DOWNLOADING, COPYING, RUNNING, DISPLAYING, ACCESSING OR OTHERWISE USING THE GAME, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT INSTALL OR USE THE GAME AND YOU SHOULD CONTACT YOUR PLACE OF PURCHASE REGARDING ITS RETURN POLICY FOR THIS PRODUCT. IF YOU HAVE ANY QUESTIONS REGARDING THESE TERMS AND CONDITIONS, PLEASE CONTACT CUSTOMER SERVICE AT mailto:CoNsupport@soe.sony.com.

1. Subject to the terms of this Agreement, we hereby grant to you a non-exclusive, limited, personal, revocable license to use the Game. The Game also may include certain features that enable you to create custom content, such as magic items ("Custom Content") for your noncommercial use with the Game. All Custom Content is part of the Game as defined herein. You may not copy (except to make one necessary back-up copy), distribute, sell, auction, rent, lease, loan, modify or create derivative works (other than Custom Content to be solely used with the Game), adapt, translate, perform, display, sublicense or transfer all or any portion of the Game. You may not copy any of the written materials accompanying the Game. You may not reverse engineer, disassemble or decompile all or any part of the Game except to the extent that this restriction is expressly prohibited by applicable law. The Game may contain license management software that restricts your use of the Game.

2. To play the Game, including multi-player versions of the Game, you must have all applicable or required hardware and software to operate the Game (which depending on whether you are playing a single player version, or one of the multiplayer versions of the Game, may include, without limitation, a memory card (8MB)(for PlayStation®2), a network adaptor (Ethernet/modem) (for PlayStation®2), multitap (for PlayStation®2) and a PlayStation®2 console, none of which we provide, and internet access, which we also do not provide). In addition to any fees described herein, you are responsible for paying all applicable taxes (including those we are not required to collect) and for all hardware (including, without limitation, memory card (8MB)(for PlayStation®2), network adaptor (for PlayStation®2), multitap (for PlayStation®2) and PlayStation®2 console) software, service and other costs you incur to play the Game. This Agreement does not entitle you to any subsequent releases of the Game, nor to any expansion packs or similar ancillary products. You understand that we may update or otherwise enhance the Game at any time and in doing so incur no obligation to furnish such updates to you pursuant to this Agreement.

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

4. You may transfer your rights under this Agreement provided that (i) the recipient agrees to the terms of this Agreement and (ii) you permanently remove all saved Game content from your memory card (8MB)(for PlayStation®2). Any such transferee, however, may not have access to SOEGames.net and thus, may not be able to play the internet multiplayer version of the Game.

5. We may terminate this Agreement immediately and without notice if you breach this Agreement or repeatedly infringe any third party intellectual property rights, or upon violation of the SOEGames.net Service Terms and Conditions, or upon gameplay, chat or any player activity whatsoever which we, in our sole discretion, determine is inappropriate and/or in violation of the spirit of the Game. If we terminate this Agreement under these circumstances, you must destroy all copies of the Game and Custom Content (and all parts thereof). We may also terminate the internet multiplayer feature of the Game at any time without notice to you.

6. Except for the revocable, limited license expressly granted hereunder, we and our suppliers shall retain all rights, title and interest, including, without limitation, ownership of all intellectual property rights relating to or residing in, the DVD, the Game, all copies thereof, and all game character data in connection therewith. You acknowledge and agree that you have not and will not acquire or obtain any intellectual property or other rights, including any right of exploitation, of any kind in or to the DVD or the Game, including, without limitation, in any character(s), Custom Content, item(s), or other material or property, and that all such Custom Content, property, material and items are exclusively owned by us. The Game is copyrighted and is protected by United States copyright laws and international treaty provisions. You acknowledge that the Game contains valuable trade secrets of SOE, and that SOE and/or its licensors own all intellectual property rights in and to the Game, including, without limitation, all patent rights, copyrights, inventions, trade secret rights, trade dress rights, trademark rights and intellectual property rights therein and thereto. You may not remove the copyright and other proprietary rights notices from the Game. You agree that this Agreement shall be retained with all printed and electronic copies of the Game and documentation constituting the Game. You agree to prevent any unauthorized copying or distribution of the Game. Except for the license as expressly provided herein, SOE does not grant you any express or implied right in any patents, copyrights, trademarks, or trade secret information of SOE and/or its licensors.

7. You may not:

(i) use any unauthorized third party software to modify the Game to change multiplayer Game play;

(ii) create, facilitate, host, link to or provide any other means through which the Game may be played by others, such as through server emulators, except as may be permitted by the unmodified Game and supported by SOEGames.net;

(iii) take any action which imposes an unreasonable or disproportionately large load on our infrastructure;

(iv) exploit the Game or any of its component parts for any commercial purpose (including but not limited to, exploitation at a cyber cafe or gaming center) without prior written consent of SOE;

(v) sell or auction (or host or facilitate the ability to allow others to buy, sell or auction) any character data or Custom Content, copyrighted or proprietary material relating to the Game; or

(vi) host or provide any matchmaking service for the Game.

8. SONY ONLINE ENTERTAINMENT INC. WARRANTS TO THE ORIGINAL PURCHASER OF THIS PRODUCT THAT THE DVD IS FREE FROM DEFECTS IN MATERIAL AND WORKMANSHIP FOR A PERIOD OF NINETY (90) DAYS FROM THE ORIGINAL DATE OF PURCHASE. SONY ONLINE ENTERTAINMENT INC. AGREES FOR A PERIOD OF NINETY (90) DAYS TO EITHER REPAIR OR REPLACE, AT ITS OPTION, THIS PRODUCT. YOU MUST CALL (858) 537-0898 TO RECEIVE INSTRUCTIONS TO OBTAIN REPAIR/REPLACE SERVICES.

52

THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES AND NO OTHER REPRESENTATIONS OR CLAIMS OF ANY NATURE SHALL BE BINDING ON OR OBLIGATE SONY ONLINE ENTERTAINMENT INC. EXCEPT AS DESCRIBED HEREIN, WE AND OUR SUPPLIERS EXPRESSLY DISCLAIM ALL WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. EXCEPT AS DESCRIBED HEREIN, WE PROVIDE THE DVD AND THE GAME AND ALL OTHER SERVICES "AS IS". ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE LIMITED TO THE NINETY (90) DAY PERIOD DESCRIBED ABOVE. IN NO EVENT WILL SONY ONLINE ENTERTAINMENT INC. OR ITS SUPPLIERS BE LIABLE FOR INCIDENTAL, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES (HOWEVER ARISING, INCLUDING NEGLIGENCE) RESULTING FROM POSSESSION, USE OR MALFUNCTION OF THE SONY ONLINE ENTERTAINMENT INC. SOFTWARE PRODUCT. OUR LIABILITY TO YOU OR ANY THIRD PARTIES

IS LIMITED TO $100. Without limiting the foregoing, we do not ensure continuous, error-free, secure or virus-free operation of the product, your account or continued operation or availability of any given server. Some jurisdictions do not allow limitations as to how long an implied warranty lasts and/or exclusions or limitations of consequential damages or liability, so the above limitations and/or exclusions of liability may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights which vary from jurisdiction to jurisdiction.

9. We are not liable for any delay or failure to perform resulting from any causes beyond our reasonable control. You agree to indemnify, defend and hold harmless SOE, SOE's affiliated companies and suppliers, and all of their respective officers, directors, owners, agents, employees, information providers, affiliates, licensors and licensees (collectively, "Indemnified Parties") from and against any and all liability and costs including, without limitation, attorneys' fees and costs, incurred by the Indemnified Parties in connection with any claim arising out of (i) any breach by you of the Agreement or the foregoing representations, warranties and covenants or (ii) your use of the Game.

10. This Software uses "DNAS" (Dynamic Network Authentication System), a proprietary authentication system created by Sony Computer Entertainment Inc. ("SCEI"). "DNAS" retrieves information about a user's hardware and software for authentication, copy protection, account blocking, system, rules, or game management and other purposes. The information collected does not identify the user personally and will not be shared with any non-SCE company. A PUBLISHER CAN COMBINE THIS INFORMATION WITH PERSONALLY IDENTIFYING INFORMATION FROM THE PUBLISHER'S RECORDS IF THE USER PROVIDES THE PERSONALLY IDENTIFYING INFORMATION. BEFORE PROVIDING ANY PERSONAL INFORMATION TO A PUBLISHER, PLEASE BE SURE TO REVIEW THE PUBLISHER'S

PRIVACY POLICY AND TERMS AND CONDITIONS OF USE. DO NOT PROVIDE PERSONALLY IDENTIFYING INFORMATION TO A PUBLISHER UNLESS YOU ACCEPT THE CONDITIONS OF USE AND TERMS OF THEIR PRIVACY POLICY. SCEI, Sony Computer Entertainment America ("SCEA") and their affiliates cannot guarantee the continuous operation of the "DNAS" servers. SCEA shall not be liable for any delay or failure of the "DNAS" servers to perform. If you receive a message during login identifying a "DNAS" authentication error, please contact SCEA Consumer Services at 1-866-466-5333. For additional information concerning "DNAS," visit www.us.playstation.com/DNAS. In the event of a systems incompatibility or inoperability with DNAS, the sole liability of SCEI, SCEA and their affiliates shall be limited to the repair or replacement of the user's affected game software, console or peripherals at the option of SCEA. SCEA, its parents, affiliates, or licensed Publishers shall not be liable for any delays, system failures, authentication failures, or system outages, which may, from time to time, affect online

game play or access thereto.

11. You shall comply with all applicable laws regarding your use of the DVD and your playing of the Game. Without limiting the foregoing, you may not download, use or otherwise export or re-export the Game except in full compliance with all applicable laws and regulations, including, without limitation, the laws of the United States.

12. This Agreement is governed in all respects by the laws of the State of California as such laws are applied to agreements entered into and to be performed entirely within California between California residents. The UN Convention on Contracts for the International Sale of Goods is expressly disclaimed. Both parties submit to personal jurisdiction in California and further agree that any cause of action relating to this Agreement shall be brought in the County of San Diego, State of California (if under State law) or the Southern District of California (if under federal law). If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. You may not assign or transfer this Agreement or your rights hereunder, and any attempt to the contrary is void. This Agreement sets forth the entire understanding and agreement between us and you with respect to the subject matter hereof. Except as provided herein, this

Agreement may not be amended except in a writing signed by both parties.

13. All services hereunder are offered by Sony Online Entertainment Inc., located at 8928 Terman Court, San Diego, California 92121. Our phone number is (858) 537-0898. The Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs may be contacted in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.

14. The Game is a "commercial item" if acquired under agreement with the U.S. Government or any contractor therewith in accordance with 48 CFR 12.212 of the FAR and, if acquired for Department of Defense (DoD) units,48 CFR 227-7202 of the DoD FAR Supplement, or any succeeding similar regulations.