TERMS OF SERVICE

Acceptance of Terms

This is a legal agreement between you and The Codemasters Software Company Limited ("Codemasters", or "we"). By clicking on the "Accept" button below, you agree to accept the terms and conditions of this agreement. If you do not accept this agreement, you should click on the "Reject" button.

The services that we provide you via, https://cogaccounts.codemasters.com/ and other web sites owned, operated, licensed or controlled by Codemasters or its authorized distributors and sublicensees (the "Codemasters Sites") are subject to the following Terms of Service ("Terms of Service"). We reserve the right to modify and update these Terms of Service at any time with or without notice to you. Such modifications and updates shall be effective upon your first use of the Codemasters Site after Codemasters makes them available for your review. These Terms of Service are in addition to and do not replace the End User License Agreement that accompanied your purchase of Codemasters' game (the "EULA").

Users are responsible for regularly reviewing these Terms of Service. The most current version of the Terms of Service can be reviewed by clicking on the "Terms of Service" hypertext link located on the Codemasters Sites. If you do not agree to these Terms of Service or any changes or updates, your only remedy is not to use the applicable Codemasters Site and to cancel any accounts or Services you have signed up for. Your continued use of the Codemasters Site after a change or update has been made to the Terms of Service will constitute your acceptance of such change or update.

If you violate our Terms of Service, we may issue you a warning about the violation, or we may choose to immediately terminate or suspend any and all accounts that you have established. You acknowledge that Codemasters is not required to provide you notice before terminating or suspending your Service(s), but it may choose to do so.

Codemasters reserves the right to deny, in its sole discretion, any user access to the Codemasters Sites or Services without notice for any or no reason (including, without limitation, for violation of these Terms of Service).

We may provide you through our Codemasters Sites with access to a variety of games, products and services, (collectively "Services"). The Services, including any updates of such Services are subject to these Terms of Service.

Setting Up Your User Account

If any of the Services require you to open an account, you must complete the registration process by providing us with current, complete and accurate information (including your email address) as prompted by the applicable registration form. If you decide to purchase subscription-based Services, you agree that all information that you submit is true and accurate (including, without limitation, your billing information such as credit card number and expiration date), and you agree to pay all subscription fees you incur plus all applicable taxes. You may also be asked to choose a password and a user/account name. You may not use a login name that is used by someone else, is vulgar or otherwise offensive (as determined by Codemasters), infringes any trademark or other proprietary rights of others, or is used in any way that violates the Terms of Service. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify Codemasters immediately of any unauthorized use or theft of your account or any other breach of security (and to provide properly documented evidence as reasonably requested by Codemasters). We will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you will be liable for losses incurred by Codemasters or another party due to someone else using your account or password. You may not use anyone else's account at any time.

Security

Your membership or subscription is personal to you. You may not share the Account with anyone else, except that if you are a parent or guardian, you may permit one (1) minor child to use your Account when not in use by you. Any distribution by you of your account name and password may result in cancellation of your subscription without refund and additional charges based on unauthorized use.

Although a Service may offer a feature that allows you to "remember" your password and thereby bypass the password protection, this feature makes it possible for third parties to access your account and user name. Use of this password bypass feature will be at your own risk.

You understand that online games and system specifications necessary to play games or access any other Services may continuously evolve over time. Accordingly, Codemasters reserves the right to modify and/or increase the system specifications necessary to play any online game or Services - whether free or subscription based - at any time and without prior notice.

Charges, Billing and Free Trials

General

Codemasters will charge subscription fees to access certain Services (including certain games) and participate in related activities on the Codemasters Sites. If a subscription fee is payable, you hereby agree to pay all charges incurred by your account, including taxes, in accordance with these Terms of Service and the billing terms for access to the Service that are in effect at the time that the fee or charge becomes payable.

Codemasters reserves the right to change its fees or billing methods at any time and Codemasters will provide notice of any such change at least thirty (30) days in advance. All changes will be posted on the applicable Codemasters Sites and you are responsible for reviewing such information to obtain timely notice of such changes. Your continued use of the Service thirty (30) days after posting of the changes on the applicable Codemasters Site shall mean that you accept such changes. If any change is unacceptable to you, you may cancel your subscription at any time, but Codemasters will not refund any fees that may have accrued to your account before cancellation of your subscription, and we will not prorate fees for any subscription. If your use of our Services is subject to use or sales tax, then Codemasters may also charge you for any such taxes, in addition to the subscription or other applicable fees. Unless otherwise indicated, all prices are in local currency and do not include Internet service provider, telephone, and other connection charges. Some subscriptions renew monthly on the same date that it was purchased. If you do not want your subscription or membership to renew, you must unsubscribe before it expires.

Credit Card

In some cases, it may be possible for you to use a credit card to pay for your subscription(s). When you provide credit card information to Codemasters (or its designated distributors or subcontractors), you represent and warrant to Codemasters that you are the authorized user of the credit card that is used to pay subscription or other fees. Each month that you have a Codemasters account, you agree and confirm that Codemasters is authorized to charge your credit card for the subscription fee. You agree to promptly notify Codemasters of any changes to your credit card account number, its expiration date and/or your billing address, and you agree to promptly notify Codemasters if your credit card expires or is canceled for any reason. As the account holder, you are responsible for all charges incurred, including applicable taxes, and all purchases made by you or anyone that uses your account, including your family or friends.

Trial Subscriptions

For some games and Services, we may offer a free trial subscription. If you accept a free trial subscription, you may be required to provide us with payment information. In such cases, we will begin to bill your account for that game or Service when the free trial subscription expires, unless you cancel your subscription before that time. You are always responsible for any Internet service provider, telephone, and other connection fees that you may incur when accessing our Services, even when we offer a free trial subscription.

Fees Charged by Third-Party Sites

We may provide links to other web sites. Some of these web sites may charge separate fees, which are not included in any subscription or other fees that you may pay to Codemasters. Codemasters may also provide access to third-party vendors who provide content, goods and/or services on the Codemasters Sites or the Internet. Any separate charges or obligations you incur in your dealings with these third parties are your responsibility. Codemasters makes no representation or warranty regarding any content, goods and/or services provided by any third-party.

Limitations On Your Use Of The Services

Your license to use the Services is limited by these Terms of Use, our Privacy Policy and the End User License Agreement ("EULA") which you will have been required to accept prior to accessing any of our games. All software made available to download or otherwise to access the Services (the "Software") is the copyrighted work of Codemasters and/or its licensors. For any Software made available to download or otherwise access the Services which is not accompanied by or otherwise covered by the EULA, Codemasters hereby grants you a personal, non-exclusive, non-transferable, revocable, limited scope license to use the Software solely for the purpose of viewing and using the applicable Services and for no other purpose whatsoever.

You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, adapt, translate, transfer, buy, auction, rent, lease, loan or sell any game assets (including, without limitation, your account, characters, housing, items, credits, currency, coin or any other virtual in-game items or other materials appearing in or generated by the game or Services), information, software, products or services obtained from the Services, without the express written consent of Codemasters. You hereby acknowledge and agree that you have no proprietary interest in any account, characters, housing, items, credits, currency, coin or any other virtual in-game items or any other materials appearing in or generated by the game or the Services. You may not use any software or hardware that reduces the number of users directly accessing or using the Services. You further agree not to create or provide any means other than through the Codemasters Sites by which Codemasters' on-line computer game may be played by others – for example, through server emulators.

As a condition of your use of the Services, you will not use the Services for any purpose that is unlawful or prohibited by the terms, conditions, and notices included in these Terms of Service or the Service-specific the License Agreement. You may not use the Services in any manner that could damage, disable, overburden, or impair any Codemasters server, or the network(s) connected to any Codemasters server, or interfere with any other party's use and enjoyment of any Services. You may not attempt to gain unauthorized access to any Services, other accounts, computer systems or networks connected to any Codemasters server or to any of the Services, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services. You may not reverse engineer, decompile or disassemble any Software, including any proprietary communications protocol used by such Software.

Rules Of Conduct

The Services may contain e-mail services, bulletin board services, chat areas (text and voice), news groups, forums, communities, personal web pages, calendars, photo albums, file cabinets and/or other message or communication facilities designed to enable you to communicate with others (the "Communication Services"). You agree to use the Communication Services only to post, send and receive messages and material that are proper and, when applicable, related to the particular Communication Service. Codemasters has no obligation to monitor the Communication Services. However, Codemasters reserves the right to review materials posted to the Communication Services and to remove any materials at any time, without notice, for any reason and in its sole discretion. Codemasters reserves the right to terminate or suspend your access to any or all of the Communication Services at any time, without notice, for any reason whatsoever. You acknowledge that chats, postings, conferences and other communications by users are not controlled or endorsed by Codemasters, and such communications shall not be considered reviewed, screened or approved by Codemasters. Statements made in forums, conferences, bulletin boards and chats reflect only the views of their authors. Codemasters specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Services. Managers and hosts are not authorized Codemasters spokespersons, and their views do not necessarily reflect those of Codemasters.

You acknowledge and agree that your communications with other users via the Communications Services are public and not private communications, and that you have no expectation of privacy concerning your use of these Communications Services. You acknowledge that personal information that you communicate on the Communications Services may be seen and used by others and result in unsolicited communications; therefore, we strongly encourage you not to disclose any personal information about yourself in your public communications on our Services. Codemasters is not responsible for information that you choose to communicate to other users via the Communications Services, or for the actions of other users.

Codemasters reserves the right at all times to disclose any information or materials found on the Communications Services as Codemasters deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any such information or materials, in whole or in part, in Codemasters' sole discretion.

In furtherance of the foregoing, and by way of example and not as a limitation, you agree that you may not access or use the Services and/or related Communication Services, in order to:

• Use such Services in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise).

• Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.

• Publish, post, upload, transmit, distribute or disseminate Content that is harmful, abusive, vulgar, sexually explicit, defamatory, libelous, obscene, infringing, embarrassing, unwanted, invasive of another's right of privacy or publicity, hateful or racially, ethnically or, in a reasonable person's view, otherwise offensive or objectionable.

• Use, upload, transmit, distribute or otherwise make available any material or information, including images or photographs, which are made available through such Services in any manner that infringes any copyright, trademark, patent, trade secret, or other right of any party (including rights of privacy or publicity).

• Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files or data, or any other similar software or programs that may damage the operation of the Services or other users' computer.

• Except as expressly authorized by Codemasters, advertise or offer to sell or buy any goods or services for any purpose, unless the Services specifically allow such messages.

• Falsify, delete or disable any copyright management information, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.

• Restrict or inhibit any other user from using and enjoying the Services. For example, disrupting the flow of chat in chat rooms with vulgar language, abusiveness, hitting the return key repeatedly, inputting excessively large images so the screen goes by too fast to read, use of excessive SHOUTING (all caps) in an attempt to disturb other users, "spamming," or flooding (continuous posting repetitive text), are prohibited.

• Collect in any way personal information about others, including e-mail addresses, or use such information to send unsolicited emails.

• Violate any applicable laws or regulations, or promote or encourage any illegal activity including, without limitation, hacking, cracking or distribution of counterfeit software, or cheats or hacks for the Services or the Software.

• Impersonate or create a false identity (such as a celebrity or Codemasters representative) for the purpose of misleading others.

• Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of such Services or other user or usage information or any portion thereof.

• Attempt to get a password, other account information, or other private information from a member or any other user of such Services.

• Improperly use in-game support or complaint buttons or make false reports to Codemasters administrators.

• Use, develop or distribute "auto" software programs, "macro" software programs or other "cheat utility" software program or applications in violation of the applicable License Agreements.

• Use a bulletin board or other Communications Service in any manner other than for personal communication as an individual user (i.e. not as a corporation or other entity).

• Use the Codemasters Sites, Services or Software to resell or make any commercial use of the Codemasters Sites, Services or Software, or otherwise commercially exploit the same, without the prior express written consent of Codemasters.

• Use the Services for fraudulent transactions including, without limitation, in-game virtual transactions.

• Sell, buy, or transfer access to your account.

• You will not exploit, distribute or publicly communicate any game error, miscue or bug which gives an unintended advantage.

Where applicable each user will either select a character name or allow Codemasters to automatically select a character name at random. Users may form "guilds" and such guilds will be required to choose a name for such guild. Whether users create a character name, create a guild, or otherwise create a label that can be used by players of Codemasters' games, users will abide by the following guidelines contained in these Terms of Service. Users will not use a name which (a) belongs to another person with the intent to impersonate that person; (b) contains, or is substantially similar to a trademark or service mark, whether registered or not; (c) that incorporates a ‘swear' word or is otherwise offensive, vulgar, obscene, hateful, or racially, ethnically or otherwise objectionable; (d) belongs to a popular culture figure, celebrity or media person; (e) belongs to any religious figure or deity; (f) comprises gibberish; (g) in any way infringes these Terms of Service.

User Content

By "Content," we mean the software, communications, images, sounds, and all the material and information you see on the Codemasters Sites, whether provided by Codemasters or by users of the Services. Codemasters does not pre-screen all Content. You bear the entire risk of the completeness, accuracy or usefulness of Content found on the Codemasters Sites.

Strong or vulgar language, crude or explicit sexual references, discussions of illegal drugs, and hate speech are always inappropriate Content for the Codemasters Sites. Content standards may vary depending on where you are on the Codemasters Sites, the type of game you are playing and the expectations of the community. Some game play and chat rooms may involve use of stronger language than others.

Codemasters representatives may monitor your communications on the Codemasters Sites. But we cannot monitor all of the Content on the Codemasters Sites, and we do not attempt to do so. If you encounter something you find objectionable and in violation of these Terms of Services or the applicable License Agreement, you can report it to the game support or community relations contact for the area in which the incident occurred. Codemasters does not endorse, approve, or prescreen any Content that you or other third parties communicate on the Service. Codemasters does not assume any responsibility or liability for Content that is generated by members or other guests on the Codemasters Sites.

Codemasters and its designees shall have the right, but not the obligation, in their sole discretion to edit, refuse to post, or remove any Content posted in any Codemasters Site. Without limiting the foregoing, Codemasters and its designees shall have the right to remove any Content that is in violation of the provisions hereof or otherwise objectionable.

You acknowledge and agree that all characters created and items acquired and developed as a result of game play are part of the applicable game Software and related Services and are the sole property of Codemasters and/or its licensors. You acknowledge that: (i) such Software and related Services permit access to Content that is protected by copyrights, trademarks, and other proprietary rights owned by Codemasters, and/or its licensors (collectively, "Rights "), and (ii) these Rights are valid and protected in all media existing now or later developed, and (iii) except as is explicitly provided otherwise, your use of Content shall be governed by the copyright laws of England and other applicable laws. You agree that you may upload or otherwise transmit on or through the Service only Content that is not subject to any third-party Rights, or Content in which any holder of Rights has given express authorization for distribution on the Service. If and to the extent you are deemed to have retained, under applicable law, any right, title or interest in or to any portion of the Content, you hereby transfer, grant, convey, assign and relinquish solely and exclusively to Codemasters and/or its licensors all of your right, title and interest in and to the Content, without reservation and without additional consideration, under applicable patent, copyright, trade secret, trademark and other similar laws or rights, in perpetuity, and in the alternative to the extent such assignment is ineffective under applicable law, you hereby grant to Codemasters and/or its licensors, their successors and assigns, the sole and exclusive, irrevocable, sublicensable, transferable, worldwide, paid-up license to reproduce, fix, adapt, modify, translate, reformat, create derivative works from, manufacture, introduce into circulation, publish, distribute, sell, license, sublicense, transfer, rent, lease, transmit, publicly display, publicly perform, or provide access to electronically, broadcast, communicate to the public by telecommunication, display, perform, enter into computer memory, and use and practice the Content all modified and derivative works thereof, all portions and copies thereof in any form, all inventions, designs, and marks embodied therein, and all patent, copyright, trade secret, trademark and other intellectual property rights thereto, and/or to incorporate the same in other works in any form, media, or technology now known or later developed. To the extent permitted by applicable laws, you hereby waive any moral rights you may have in the Content.

Newsletters

By subscribing to our newsletter(s), subscribers understand they may receive periodic information regarding current and future Services offered on the Codemasters Sites. In addition, such subscribers may be automatically entered into future contests and sweepstakes for subscribers as long as they meet the applicable eligibility requirements, and also agree to all rules and conditions of those contests and sweepstakes. You may unsubscribe from any of these services at any time by following the procedures made available with the applicable services.

Ownership

The Services, including, without limitation, all Software and Content, contains copyrighted material, trademarks and other proprietary information (including, without limitation, images, photographs, animations, video, audio, music, text, and "applets" incorporated into the Software and character data). The entire contents of the Service and each area contained therein are copyright protected as a collective work under the laws of England. Codemasters owns a copyright in the selection, coordination, arrangement and enhancement of such content. You acknowledge that Codemasters, and/or its licensors remain the owners of all right, title, and interest, including copyrights and other intellectual property rights, in and to all materials posted on the Services by Codemasters and derivative works thereof, and that you do not acquire any of those ownership rights by downloading or otherwise accessing such materials.

Jurisdictional Issues and Export Control Laws

The Service is controlled and operated by Codemasters from its offices within the United Kingdom. Codemasters makes no representation that Software and other materials available through the Service are appropriate or available for use in other locations. Those who choose to access the Service from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

You agree to abide by applicable export control laws and not to transfer, by electronic transmission or otherwise, any Content or any Software or other materials subject to restrictions under such laws to a national destination prohibited by such laws, without first obtaining, and then complying with, any requisite government authorization. You further agree not to upload to the Codemasters Sites any data or software that cannot be exported without prior written government authorization, including, but not limited to, certain types of encryption software.

Termination of Account

Codemasters has the right to terminate or suspend, and you have the right to cancel, your account(s) or a particular subscription at any time. You understand and agree that, except as expressly provided by law, the cancellation of your account or a particular subscription is your sole right and remedy with respect to any dispute with Codemasters. This includes, but is not limited to, any dispute related to, or arising out of: (1) these Terms of Service or our enforcement or application of these Terms of Service; (2) the content or Services available through the Codemasters Sites or any change in such content; (3) your ability to access and/or use the Services; or (4) the amount or type of fees, surcharges, applicable taxes, billing methods, or any change to the fees, applicable taxes, surcharges or billing methods.

You can cancel your account(s) or a particular subscription for a Service by following the procedures made available with the applicable Service. Codemasters reserves the right to collect fees, surcharges or costs incurred before you cancel your account(s) or a particular subscription. In the event that your account or a particular subscription is terminated, suspended or canceled, no refund will be granted; no online time or other credits or in-game items (e.g., points in an online game) will be credited to you or converted to cash or other form of reimbursement, and you will have no further access to your account or anything associated with it (such as points, tokens or in-game items). If your account is terminated or suspended by Codemasters, Codemasters shall have the right to terminate or suspend any of your other account(s).

Links to Third-Party Sites

The links to third party sites appearing in Codemasters' website(s) will let you leave Codemasters site(s). These linked sites are not controlled by Codemasters and may collect date or solicit personal information from you. To the maximum extent permissible by law, Codemasters is not responsible for such linked sites, Content, business practices or privacy policies, or for the collection, use or disclosure of any information by those sites may collect. Codemasters provides such linked sites only as a matter of convenience and the inclusion of any link does not imply an endorsement by Codemasters of such linked sites.

Disclaimer of Warranty; Limitation of Liability

To the maximum extent allowed by law, neither Codemasters nor its affiliates, subsidiaries, officers, directors, stockholders, employees, licensors, distributors, sublicensees, agents or subcontractors (collectively, the "Codemasters Parties ") warrant any connection to, transmission over, or results or use of, any network connection or facilities provided (or failed to be provided) through the Codemasters Sites or Services. You are responsible for assessing your own computer and transmission network needs, and the results to be obtained therefrom. From time to time, we may scan your computer to confirm it meets minimum system specifications and you hereby agree to provide information in connection with technical support issues including, without limitation, bug reports.

YOU EXPRESSLY AGREE THAT THE USE OF THE CODEMASTERS SITES, SERVICES AND SOFTWARE, AND THE INTERNET IS AT YOUR SOLE RISK. THE CODEMASTERS SITES, SERVICES AND SOFTWARE, AND ANY OTHER THIRD-PARTY SERVICES AND PRODUCTS, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS FOR YOUR USE, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS SUCH WARRANTIES OR CONDITIONS ARE LEGALLY INCAPABLE OF EXCLUSION. CODEMASTERS PROVIDES THE SERVICES ON A COMMERCIALLY REASONABLE BASIS AND DOES NOT WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICES AT TIMES OR LOCATIONS OF YOUR CHOOSING, OR THAT CODEMASTERS WILL HAVE ADEQUATE CAPACITY FOR THE SERVICES AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHIC AREA. THE CODEMASTERS PARTIES ASSUME NO RESPONSIBILITY FOR ANY DAMAGES SUFFERED BY YOU, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA, GAME PLAY, ITEMS OR CHARACTERS FROM DELAYS, NONDELIVERIES, ERRORS, SYSTEM DOWN TIME, MISDELIVERIES OR SERVICE INTERRUPTIONS CAUSED BY THE CODEMASTERS PARTIES, OR BY YOUR OR ANY OTHER USER'S OWN ERRORS AND/OR OMISSIONS.

YOU ACKNOWLEDGE AND AGREE THAT TO THE MAXIMUM EXTENT PERMISSIBLE BY LAW THE CODEMASTERS PARTIES ARE NOT LIABLE FOR ANY ACT OR FAILURE TO ACT BY THEM OR ANY OTHER PERSON REGARDING CONDUCT, COMMUNICATION OR CONTENT ON THE SERVICES OR USE OF THE CODEMASTERS SITES, SERVICES OR SOFTWARE. YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH CODEMASTERS IS TO STOP USING THE SERVICE, AND TO CANCEL YOUR ACCOUNT(S). IN NO CASE SHALL THE LIABILITY OF THE CODEMASTERS PARTIES TO YOU EXCEED THE AMOUNT THAT YOU PAID TO CODEMASTERS OR ITS DESIGNEES DURING THE PRIOR ONE (1) MONTH PERIOD FOR THE APPLICABLE SERVICES GIVING RISE TO ANY SUCH LIABILITY. IN NO CASE SHALL THE CODEMASTERS PARTIES BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF THE CODEMASTERS SITES, SERVICES AND SOFTWARE, THE INTERNET OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR INTERACTIONS WITH CODEMASTERS. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, THE LIABILITY OF CODEMASTERS AND THE CODEMASTERS PARTIES SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. CODEMASTERS DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY THIRD-PARTY PRODUCT OR SERVICE OFFERED THROUGH THE CODEMASTERS SITES AND WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

THE CODEMASTERS PARTIES MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED AS PART OF THE SERVICES FOR ANY PURPOSE.

THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THE CODEMASTERS SITES AND SERVICES COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. THE CODEMASTERS PARTIES MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PRODUCT(S) AND/OR SERVICE(S) DESCRIBED IN THESE TERMS OF SERVICE AT ANY TIME.

General

These Terms of Service are governed by the laws of England and Wales and you hereby submit to the exclusive jurisdiction of the English courts.

Codemasters may assign these Terms of Service, in whole or in part, at any time.

Codemasters' performance of this agreement is subject to existing laws and legal process, and nothing contained in these Terms of Service is in derogation of Codemasters' right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Services or information provided to or gathered by Codemasters with respect to such use.

You agree to indemnify and hold the Codemasters, harmless from any claim, demand, or damage, including reasonable attorneys' fees, asserted by any third-party due to or arising out of your use of or conduct on the Services.

If any part of these Terms of Service are determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms of Service shall continue in effect.

These Terms of Service, including the documents expressly incorporated by reference, constitute the entire agreement between you and Codemasters with respect to the Services and such agreements supersede all prior or contemporaneous communications, whether electronic, oral or written, between you and Codemasters with respect to the Services.

You represent that you have not relied on any such communications in choosing to accept these Terms of Service. A printed version of these Terms of Service and of any notices given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Codemasters' failure to enforce at any time any of the provisions of these Terms of Service or related License Agreements shall in no way be construed to be a present or future waiver of such provisions, nor in any way affect the right of any party to enforce each and every such provision thereafter. The express waiver by Codemasters of any provision, condition or requirement of these Terms of Services or related License Agreements shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.

Notwithstanding anything else in this Agreement, no default, delay or failure to perform on the part of Codemasters shall be considered a breach of this Agreement if such default, delay or failure to perform is shown to be due to causes beyond the reasonable control of Codemasters. All notices given by you or required under these Terms of Service shall be in writing and addressed to: The Codemasters Software Company Limited, P.O. Box 6 , Leamington Spa, Warwickshire, CV47 2ZT United Kingdom . Codemasters may give notice to you by means of a general notice on the Service, electronic mail to your e-mail address on record in Codemasters' account information, or by written communication sent by first class mail, postage prepaid, or overnight courier to your address on record in Codemasters' account information.

The parties hereto have requested that this agreement, and all correspondence and all documentation relating to this agreement, be written in the English language.

PRIVACY POLICY

Codemasters respects your privacy. This document explains our policy relating to your personal data that is provided to us.

By using our Services and accessing our website(s) you agree that all personal data which you supply to us will be true, complete and accurate in all respects and you agree to notify us immediately of any changes to that personal data.

We will deal with your personal data in compliance with the current English data protection legislation. Please note this applies only to Codemasters and not to other companies' or organisations' websites to which we link. Personal data will be collected, processed and used by Codemasters for the purposes of providing the Codemasters' services and products to you and the other purposes mentioned below.

We may hold personal data relating to the transactions you enter into with us or others through our website(s) such as an online seller. We will disclose personal data to a party to the transaction to assist your transaction. When you purchase an item from us, we collect your name, address, telephone number, e-mail address and credit card details for the purpose of processing your order and notifying you of the status of your order. This allows us to involve you in our purchasing process, to administer the purchasing process, to fulfil our obligations and to notify you if there are any issues with the purchasing process as well as to arrange for payment. Information may be used to check your credit status and credit account details for ordering purposes and to bill for services or products used or purchased. We may use the data collected to obtain clearance of your credit card payment.

We may use your personal information to inform you of other products and services we offer. We may also provide your personal information to other companies and organisations that may offer products and services that may be of interest to you. If you would rather not receive this information, or have your personal information provided to such third parties, please send an e-mail to cogsupport@codemasters.com.

Because the Internet infrastructure is global, the information you provide may be transferred outside the European Economic Area ("EEA") that do not have similar data protection legislation during use as set out in this policy. However, we have taken the steps outlined above to try to improve the security of your information. Should we wish to transfer data for processing to a country outside the EEA without adequate protections we will contact you and ask for your consent. By submitting your information you consent to these transfers.

We will not rent or sell your personal information without your permission (other than as part of a sale of the whole or a substantial part of the assets of Codemasters).

Codemasters may disclose your personal data acting in good faith if it believes such action is necessary: to conform with a legal requirement or comply with the legal process, protect and defend the rights or property of Codemasters, enforce this online agreement, act to protect the interests of its users.

We use cookies (information stored by your browser) to track information on the pages read by visitors to our site to improve the content and offerings on our sites. Although we cannot identify individuals from this information, once you choose to furnish the site with personally identifiable information, this information may be linked to the data stored in the cookie. Cookies can be disabled on your computer, but this may limit your experience that our website is able to offer.

When you register for any of Codemasters' services, newsletters, mailing lists, competitions or promotions we will require information identifying you so that we can provide the service requested.

We may ask our registered website users to take part in surveys or opinion polls. Participation is always voluntary and on occasion may offer an opportunity to win prizes as a thank you for your time and effort.

Our success relies on us producing games that our customers want to play. To help us to ensure we make the very best games we may from time to time analyse the data that we hold and such analysis may be made to find out what is most likely to appeal to individual customers and web-site users. Also, we may provide aggregate statistics about our customers, sales, browser type, operating system, Internet, domain, demographic and profile data, traffic patterns, and related site information to reputable third parties, but these statistics will not include personally identifying information. We hope that this will provide you with a more interesting and fun experience. W e may provide your information to our customer service agencies for similar purposes. We or our agents and sub-contractors may occasionally contact you including by post, email or telephone to tell you more about our products and services or to ask you for your feedback and comments on our products and services.

By submitting your information you consent to the use of that information as set out in this Policy. If we change our Privacy Policy we will post the changes on this page, and may place notices on other pages of the web site, so that you may be aware of the information we collect and how we use it. Continued use of the service will signify that you agree to any such changes.

From time to time, this Site may include links to other web sites. We may not be operating the linked sites and we do not endorse the contents, views or products of the linked sites. We do not accept any responsibility for use of the linked sites. You are advised to use linked sites with caution and with due regard to any terms of use on those sites. If you transfer to other sites by using a link from our Site to theirs we may receive aggregate or otherwise anonymous statistical information about your trip and any purchases you may make on these sites. We are not responsible for the privacy policies or content of other web sites and your visit to these sites is not protected by our privacy policy.

It is important for you to let us know if you think that the data we have about you is inaccurate or incomplete. You may remove, change or modify information from our database by emailing cogsupport@codemasters.com.

If you have any questions about the handling or protection of your personal data or your rights under this online agreement please contact customer services by writing to Codemasters Customer Services at the address above, or email to cogsupport@codemasters.com.

END USER LICENCE AGREEMENT ("EULA")

THE CODEMASTERS SOFTWARE COMPANY LIMITED SOFTWARE LICENSE AGREEMENT

IMPORTANT - READ CAREFULLY: THE ACCOMPANYING PROGRAM (WHICH INCLUDES COMPUTER SOFTWARE PROGRAM, THE MEDIA AND RELATED DOCUMENTATION IN PRINTED OR ELECTRONIC FORM) IS LICENSED TO YOU ON THE TERMS SET FORTH BELOW, WHICH CONSTITUTES A LEGAL AGREEMENT BETWEEN YOU AND THE CODEMASTERS SOFTWARE COMPANY LIMITED. ("CODEMASTERS"). BY INSTALLING OR OTHERWISE USING THE PROGRAM, YOU AGREE TO BE LEGALLY BOUND BY THE TERMS OF THIS AGREEMENT WITH CODEMASTERS. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, YOU ARE NOT AUTHORIZED TO USE THE PROGRAM AND YOU SHOULD RETURN THE PROGRAM TO THE VENDOR FROM WHICH YOU OBTAINED THE PROGRAM AND REQUEST A REFUND.

THE PROGRAM is protected by the copyright laws of England, international copyright treaties and conventions and other laws. The Program is licensed, and not sold, and this Agreement confers no title or ownership to the Program or any copy thereof.

1. Limited Use License. Codemasters grants you the non-exclusive, non-transferable, limited right and license to use one copy of the Program solely for your personal use on a single computer.

2. Ownership. All intellectual property rights in and to the Program (including but not limited to video, audio and other content incorporated therein) and title to any and all copies thereof are owned by Codemasters or its licensors, and you receive no right or interest therein other than the limited license in paragraph 1 hereof.

YOU SHALL NOT:

* Copy the Program.

* Sell, rent, lease, license, distribute or otherwise transfer or make available to any other person the Program, in whole or in part, or use the Program or any part thereof in any commercial context, including but not limited to using in a service bureau, "cyber cafe", computer gaming center or any other commercial location in which multiple users may access the Program. Codemasters may offer a separate Site License Agreement to permit you to make the Program available for commercial use; see the contact information below.

* Reverse engineer, derive source code, modify, decompile, disassemble, or create derivative works of the Program, in whole or in part.

* Remove, disable or circumvent any proprietary notices or labels contained on or within the Program.

LIMITED WARRANTY. Codemasters warrants to the original consumer purchaser of the Program that the recording medium on which the Program is recorded will be free from defects in material and workmanship for 90 days from the date of purchase. If the recording medium of a product is found defective within 90 days of original purchase, Codemasters agrees to replace, free of charge, such product within such period upon its receipt of the Product, postage paid, with proof of the date of purchase, as long as the Program is still being manufactured by Codemasters. In the event that the Program is no longer available, Codemasters retains the right to substitute a similar program of equal or greater value. This warranty is limited to the recording medium containing the Program as originally provided by Codemasters and is not applicable and shall be void if the defect has arisen through abuse, mistreatment, or neglect. Any implied warranties prescribed by statute are expressly limited to the 90-day period described above.

EXCEPT AS SET FORTH ABOVE, THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, AND NO OTHER REPRESENTATIONS OR CLAIMS OF ANY KIND SHALL BE BINDING ON OR OBLIGATE CODEMASTERS.

When returning the Program for warranty replacement please send the original product disks only in protective packaging and include: (1) a photocopy of your dated sales receipt; (2) your name and return address typed or clearly printed; (3) a brief note describing the defect, the problem(s) you encountered and the system on which you are running the Program.

LIMITATION ON DAMAGES. IN NO EVENT WILL CODEMASTERS BE LIABLE FOR SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM POSSESSION, USE OR MALFUNCTION OF THE PROGRAM, INCLUDING DAMAGES TO PROPERTY, LOSS OF GOODWILL, COMPUTER FAILURE OR MALFUNCTION AND, TO THE EXTENT PERMITTED BY LAW, DAMAGES FOR PERSONAL INJURIES, EVEN IF CODEMASTERS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CODEMASTER'S LIABILITY SHALL NOT EXCEED THE ACTUAL PRICE PAID FOR THE LICENSE TO USE THIS PROGRAM. SOME STATES/COUNTRIES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS AND/OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND/OR EXCLUSION OR LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION.

TERMINATION. Without prejudice to any other rights of Codemasters, this Agreement will terminate automatically if you fail to comply with its terms and conditions. In such event, you must destroy all copies of the Program and all of its component parts.

INJUNCTION. Because Codemasters would be irreparably damaged if the terms of this Agreement were not specifically enforced, you agree that Codemasters shall be entitled, without bond, other security or proof of damages, to appropriate equitable remedies with respect to breaches of this Agreement, in addition to such other remedies as Codemasters may otherwise have under applicable laws.

INDEMNITY. You agree to indemnify, defend and hold Codemasters, its partners, affiliates, contractors, officers, directors, employees and agents harmless from all damages, losses and expenses arising directly or indirectly from your acts and omissions to act in using the Program pursuant to the terms of this Agreement.

MISCELLANEOUS. This Agreement represents the complete agreement concerning this license between the parties and supersedes all prior agreements and representations between them. It may be amended only by a writing executed by both parties. If any provision of this Agreement 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 this Agreement shall not be affected. This Agreement shall be governed by and construed in accordance with the laws of England and you consent to the exclusive jurisdiction of the courts of England.

If you have any questions concerning this license, you may contact Codemasters at:

The Codemasters Software Company Limited, PO Box 6,

Leamington Spa Warwickshire CV47 2ZT United Kingdom.

Tel +44 1926 814 132, Fax +44 1926 817 595.