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Terms of Service and End User Licence Agreemeent ("Terms of Use")

Last Updated: March 17, 2013

The following terms of service and end user license agreement (“Terms of Use”) constitute an agreement between you and Graycode Software, Inc. (“we,” “us,” or “our”). These Terms of Use govern your use of Software and Services (as specified below).

For purposes of these Terms of Use, "Software" means all software programs made available by us including, but not limited to mobile games, downloadable/installable games for personal computer, and games accessed by means of a browser or other online communication method, however accessed. Software also includes updates and upgrades as well as accompanying materials and other written, files, electronic or on-line materials or documentation, and any and all copies of such software and its materials.

"Services” means all services made available by us, including but not limited to the Software, services accessed through mobile games, by means of a browser or by other online communication method.

THE SOFTWARE IS LICENSED, NOT SOLD. YOUR USE OF THE SOFTWARE (AS SPECIFIED BELOW) IS SUBJECT TO THE TERMS AND CONDITIONS SET FORTH IN THESE TERMS OF USE. BY INSTALLING, USING OR ACCESSING THE SOFTWARE OR SERVICES, YOU ACCEPT THESE TERMS OF USE. If you do not accept these terms of use, do not install, use or access the Services or Software.

1 LICENSES

SOFTWARE LICENSE. Subject to the terms and conditions in these Terms of Use, we grant you a non-exclusive, non-transferable, non-sublicensable, limited right and license to use one copy of the Software for your personal non-commercial use for gameplay on a single computer, mobile device, tablet or other gaming unit.

LICENSE TERM. The term of your licenses under these Terms of Use commence on the date that you accept these Terms of Use and install or otherwise use the Software and/or Services and ends on the earlier date of either your disposal of the Software and/or Services or our termination of these Terms of Use. Your license terminates immediately if you attempt to circumvent any technical protection measures used in connection with the Software and/or Services or you otherwise use the Software and/or Services in breach of the terms of these Terms of Use. We may suspend the Services at any time for any reason or no reason.

OWNERSHIP; NO OTHER LICENSES. We retain all right, title and interest in and to the Software and Services. All rights not expressly granted to you herein are reserved by us.

2 GENERAL LICENSE CONDITIONS

You will not: (i) copy, reproduce, alter, modify, transfer, assign, lease, sell, loan, publicly display, publicly perform or distribute the Software or Services; (ii) reverse engineer, decompile, or deconstruct the Software; (iii) use any robot, spider, bot or other automatic device or manual process to monitor, crawl, or copy any portion of the Software or Services; (iv) commercially exploit the Services; (v) make the Services publicly available or available on a network for use or download by multiple users; (vi) remove, obscure or modify any copyright, trademark or other proprietary rights notices, marks or labels contained on or within the Services, falsify or delete any author attributions, legal notices or other labels of the origin or source of the material; (vii) misrepresent the source of ownership of the Services; (viii) transport, export or re-export (directly or indirectly) into any country forbidden to receive such Services by any U.S. or other export laws or accompanying regulations or otherwise violate such laws or regulations, that may be amended from time to time; (ix) scrape, build databases or otherwise create permanent copies of content returned from the Services; or (x) interfere with our access control measures or attempt to disable or circumvent such security features.

The Services allow you to provide your opinions and feedback “Feedback” to us. If you provide us with any Feedback, you grant to us a non-exclusive, royalty-free, perpetual, irrevocable, fully transferable and sub-licensable worldwide right and license to use your Feedback in any way and for any purpose including, but not limited to the rights to reproduce, copy, adapt, modify, perform, display, publish, broadcast, transmit, or otherwise communicate to the public by any means whether now known or unknown and distribute your Feedback without any further notice or compensation to you of any kind.

The Services may require an internet or wireless connection to access the Services or its internet-based features, authenticate the Software, or perform other functions. You are responsible for all related wireless and data fees. Please consult your carrier for further information.

3 INFORMATION COLLECTION AND USE; PRIVACY POLICY

By installing, accessing or using the Services, you consent to our Privacy Policy.

4 WARRANTY

TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE SERVICES ARE PROVIDED TO YOU “AS IS,” AS AVAILABLE, WITH ALL FAULTS, WITHOUT WARRANTY OF ANY KIND, WITHOUT PERFORMANCE ASSURANCES OR GUARANTEES OF ANY KIND, AND YOUR USE IS AT YOUR SOLE RISK. THE ENTIRE RISK OF SATISFACTORY QUALITY AND PERFORMANCE RESIDES WITH YOU. WE DO NOT MAKE, AND HEREBY DISCLAIM, ANY AND ALL EXPRESS, IMPLIED OR STATUTORY WARRANTIES, INCLUDING IMPLIED WARRANTIES OF CONDITION, UNINTERRUPTED USE, MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, AND WARRANTIES (IF ANY) ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. WE DO NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SOFTWARE; THAT THE SERVICES WILL MEET YOUR REQUIREMENTS; THAT OPERATION OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THE SERVICES WILL INTEROPERATE OR BE COMPATIBLE WITH ANY DEVICES OR OTHER SERVICES OR THAT ANY ERRORS IN THE SERVICES WILL BE CORRECTED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS APPLY ONLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

5 LIMITATION OF LIABILITY

IN NO EVENT WILL WE, OUR LICENSORS, AGENTS, REPRESENTATIVES, OR PARTNERS BE LIABLE FOR SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM THE SERVICES, INCLUDING BUT NOT LIMITED TO, DAMAGES TO PROPERTY, LOSS OF GOODWILL, COMPUTER FAILURE OR MALFUNCTION AND, TO THE EXTENT PERMITTED BY LAW, DAMAGES FOR PERSONAL INJURIES, PROPERTY DAMAGE, LOST PROFITS OR PUNITIVE DAMAGES FROM ANY CAUSES OF ACTION ARISING OUT OF OR RELATED TO THESE TERMS OF USE OR THE SOFTWARE, WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE), CONTRACT, STRICT LIABILITY OR OTHERWISE AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES/COUNTRIES DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY, THIS LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. THIS LIMITATION OF LIABILITY SHALL NOT BE APPLICABLE SOLELY TO THE EXTENT THAT ANY SPECIFIC PROVISION OF THIS LIMITATION OF LIABILITY IS PROHIBITED BY ANY FEDERAL, STATE, OR MUNICIPAL LAW, WHICH CANNOT BE PRE-EMPTED. THESE TERMS OF USE GIVE YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.

IN NO EVENT WILL OUR LIABILITY FOR ALL DAMAGES (EXCEPT AS REQUIRED BY APPLICABLE LAW) EXCEED THE ACTUAL PRICE PAID BY YOU FOR USE OF THE SOFTWARE OR FIVE DOLLARS, WHICHEVER LESS.

6 OTHER TERMS AND CONDITIONS TERMINATION: These Terms of Use will terminate automatically if you fail to comply with its terms and conditions. In such event, you must destroy all copies of the Software and all of its component parts and cease and desist from accessing any of our Services.

INDEMNITY. You agree to indemnify, defend and hold us, our partners, affiliates, contractors, officers, directors, employees and agents harmless from and against any and all damages, losses and expenses arising directly or indirectly from: (i) your acts and omissions in using the Services pursuant to the terms of these Terms of Use ; or (ii) your breach of these Terms of Use.

MISCELLANEOUS. These Terms of Use represent the complete agreement concerning the matters herein and supersede all prior agreements and representations between us. We may amend and update these terms by posting the changes here. Your continued use of the Services is your acceptance of the updated Terms of Use. If you do not agree to the new terms, you must immediately stop using or accessing the Services. If any provision of these Terms of Use is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable and the remaining provisions of these Terms of Use shall not be affected.

GOVERNING LAW AND DISPUTE RESOLUTION. These Terms of Use will be governed by the laws of Nevada without regard to its conflict of law provisions. The United Nations Convention for the International Sale of Goods shall not apply. Any dispute, controversy or claim arising out of or relating to these Terms of Use or the Services will be brought in the state or federal courts sitting in Nevada.

IF YOU HAVE ANY QUESTIONS CONCERNING THIS AGREEMENT, YOU MAY CONTACT support at graycode dot com

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