WORLD IN CONFLICT

TERMS OF USE AGREEMENT

IMPORTANT! PLEASE READ CAREFULLY.

BY INSTALLING WORLD IN CONFLICT, YOU ACCEPT ALL TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT WISH TO ACCEPT THIS AGREEMENT, YOU SHOULD NOT INSTALL THE WORLD IN CONFLICT SOFTWARE.

Massgate (“Massgate”) is a proprietary service that is provided to you by Massive Entertainment, AB. (“Massive”), and allows certain Massgate enabled Massive software products to access Massive’s on-line environment (the “Service”).

1. Grant of License. Massive hereby grants, and by using the Service and/or clicking “ACCEPT” below you thereby accept, a limited, revocable, non-exclusive license to access the Service for your personal, non-commercial use utilizing a product that has been developed by Massive for use on the Service. Massive may revoke the foregoing license at any time in its sole and absolute discretion, for any reason or no reason, with or without notice.

2. Registration Information. To utilize the Service, you must register for an account, and to complete the registration process, you will be required to provide a “log in” name, and for all Massgate enabled Massive software products,” a unique "CD-Key" from a Massgate enabled Massive software product. Note that Massive will ask you for an email address during the registration process, which you can provide to Massive if you choose to do so. Additionally, you will be required to select a user name and a password that are specific to the Account (collectively referred to hereunder as "Password") during the registration process. This Password is to be kept confidential at all times and you are solely responsible for the security of your Password. You may not disclose your Password to anyone, or allow your Password to be used by anyone other than yourself. Massive is not responsible for any harm that may result to the Account (including without limitation the deletion or modification of characters in the Account) as a result of a lost or shared password. The user name you choose shall be subject to the naming guidelines contained in this Terms of Use Agreement.

3. Use Restrictions. You agree that you will not:

(i) use software products that “packet sniff” or otherwise intercept or analyze communications between Massgate and the Massgate servers, including, but not limited to software that could be used to acquire information related to CD-Keys which were not acquired through authorized means, expired accounts and/or character names;

(ii) use any third party software to display game information including without limitation, statistics about the current match, and any other information not otherwise disclosed by Massive’s products or the Service;

(iii) utilize a ‘bug’ or otherwise exploit a design in the Massive Product or the Service for a competitive gameplay advantage, or to disrupt others who are utilizing the Service;

(iv) ask another user for their account name, Password or CD-Key;

(v) host or provide matchmaking services for any Massive software program or emulate or redirect the communication protocols used by Massive or Massgate;

(vi) exploit the Service or any of its parts for any commercial purpose, including without limitation (a) use at a cyber cafe, arcade, or other location where users are charged a fee, whether hourly or otherwise, to use the Service, (b) gathering virtual goods (e.g., in-game armor, equipment, weapons, supplies, etc.) or currency for sale or trade without Massive’s prior written consent; (c) delivering virtual goods or currency in connection with an unauthorized sale or trade; or (d) selling or trading characters or accounts. For purposes of this subsection, “sale” and “trade” refer only to transactions that include some type of “real-world” consideration, e.g., exchanging “real-world” currency for game currency.

(vii) use any third-party software to modify Massgate or any Massive software to change game play, including without limitation the use of cheats and/or hacks, or software that in any way automates gameplay;

(viii) institute, assist or become involved in a “denial of service attack,” “flooding attack,” or otherwise attempt to disrupt the Service, or another user who is utilizing the Service;

(ix) harass, threaten, stalk, embarrass, or cause distress, unwanted attention or discomfort upon another Massgate user, or otherwise disrupt the Massgate experience in any way;

(x) transmit, post or otherwise communicate sexually explicit, threatening, unlawful or offensive, including, but not limited to, linking to sexually explicit, threatening, unlawful or offensive websites (as determined in Massive’s sole and absolute discretion) messages or images on or through the Service;

(xi) impersonate any living person, including without limitation any Massive employee;

(xii) transmit, post or link to websites that display or offer for download chain letters, "cashbots," pyramid schemes, or offer any other unsolicited advertisement, promotion, or solicitation on or through the Service;

(xiii) violate any applicable law or regulation in connection with your use of the Service;

(xiv) modify any file distributed with or created by Massgate or a Massgate enabled game without the prior written consent of Massive;

(xv) create or maintain, under any circumstance, more than one simultaneous connection to Massgate per account;

(xvi) connect or contribute to the creation or distribution of tools that allow you to connect to the Service; or

(xvii) communicate, post or link to any user's personal information on or through the Service.

Failure to comply with these rules may result in Massive taking action against you, which could include: (i) temporarily suspending your access to the Service, or (ii) permanently terminating your access to the Service; and (iii) referring your actions to the proper authorities where applicable. Without limiting the foregoing, Massive retains the right to decline service to any user who violates this Terms of Use Agreement, and in the event that your actions violate any state, federal or local laws, Massive reserves the right to forward the matter to law enforcement for their consideration.

4. Massive’s Absolute Right to Suspend, Terminate and/or Delete the Account. MASSIVE MAY SUSPEND, TERMINATE, MODIFY, OR DELETE THE ACCOUNT AT ANY TIME WITH ANY REASON OR NO REASON, WITH OR WITHOUT NOTICE. For purposes of explanation and not limitation, most account suspensions, terminations and/or deletions are the result of violations of this Terms of Use or the End User License Agreement.

5. Rules Related to Names. Please be aware that Massive has developed restrictions regarding the creation of names that you create when using the Service, including, but not limited to, character names and account names. When you create a username you must abide by the following guidelines as well as the rules of common decency. If Massive finds such a username to be offensive or improper, it may, in its sole and absolute discretion, ban the username.

In particular, you may not use any name:

(i). Belonging to another person with the intent to impersonate that person, including without limitation any employee or agent of Massive;

(ii). That incorporates 'swear' words or words which are otherwise offensive, defamatory, vulgar, obscene, hateful, or racially, ethnically or otherwise objectionable;

(iii). Belonging to any religious figure or deity;

(iv). Belonging to any political or otherwise controversial figure or entity;

(v). Related to drugs, sex, alcohol, or criminal activity;

You may not use a misspelling or an alternative spelling to circumvent the name restrictions listed above, nor can you have a "first" and "last" name that, when combined, violate the above name restrictions.

6. Compliance with Legal Process. Massive may, with or without notice to you, disclose your Internet Protocol (IP) address(es), email address, and any other information about you and your activities in response to a written request by law enforcement, a court order or other legal process. Massive may use or disclose your personal information if Massive believes that doing so may protect your safety or the safety of others.

7. Content Uploads to The Service. There are various opportunities to upload content to the Service including without limitation in chat rooms and forums. Such content may include, but is not necessarily limited to, files, photos, software programs, game mods, maps, etc. (the “Content”). You agree that the Content you provide will not: (a) infringe any third party intellectual property, other proprietary or publicity/privacy rights; (b) violate any law or regulation; (c) be defamatory, obscene, or pornographic; or (d) contain any viruses, Trojan horses, worms, time bombs, or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept, or collect any system data or personal information. You hereby grant to Massive a worldwide, perpetual, irrevocable, royalty-free, sublicenseable (through multiple tiers) right to use (including commercial and non-commercial use), publish, distribute, reproduce, and publicly perform and display the Content.

8. Information found on Massgate. Massive does not endorse or stand behind the accuracy, truthfulness or reliability of any information (including statements of opinion or advice) provided on or by means of Massgate. Any and all statements made in forums, conferences, chat sessions, or otherwise reflect only the views of their authors.

9. Termination. This agreement is effective until terminated by either party. You may terminate this agreement at any time by ceasing all use of the Service and destroying all materials related thereto. Massive may terminate this agreement with or without reason or notice at Massive's sole discretion. Without limiting the foregoing, Massive may terminate this agreement if you fail to comply with any provision of this agreement, including without limitation disruptive behavior, cheating, and instituting attacks upon a Massive server, and Massive reserves the right to report any unlawful activity to law enforcement.

10. Acknowledgments. You hereby acknowledge and agree that (i) you are responsible for all costs and fees associated with your connection to the Service, (ii) Massive may collect certain identifying information about your computer and its operating system, along with "non-personal" data about you without any further notice to you (iii) in the course of gameplay in certain game modes while utilizing the Service, your IP address may be disclosed to your teammates and/or opponents and Massive shall not have any liability to you for the actions of other players who might use this information negatively toward you; (iv) you have no property right or other interest in or to any data stored by Massive, including without limitation player characters, accounts, statistics, user profiles, weapons, armor, quests, and maps ("Online Data"), and Massive may modify or permanently delete the Online Data at any time at its sole discretion without notice to you; and (v) you are personally responsible and liable for the consequences that may result if you violate the terms of the Agreement, either by yourself of through the acts of others that you allow to use your account in violation of this Agreement, including without limitation termination of your account and loss of your user names and characters.

11. Indemnification. Upon Massive’s written request, you agree to defend, indemnify and hold harmless Massive, its parent, subsidiaries, affiliates, licensees, and distributors from all liabilities, claims, expenses, and other losses, including attorneys' fees, arising from or relating to this Agreement or the use of your account. Massive reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you hereunder, and in such event, you shall have no further obligation to provide the defense for such matter.

12. Disclaimer of Warranty. THE SERVICE IS PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OF ANY KIND. MASSIVE DOES NOT WARRANT THAT THE PROGRAM WILL BE UNINTERRUPTED OR ERROR FREE. MASSIVE DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE.

13. Limitation of Liability. MASSIVE SHALL NOT BE LIABLE FOR LOSS OR DAMAGE OF ANY KIND ARISING OUT OF OR RESULTING FROM THE USE OR ATTEMPTED USE OF MASSGATE, INCLUDING WITHOUT LIMITATION LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE, OR LOSS OF DATA.

14. Miscellaneous. This agreement shall be governed by and construed in accordance with the laws of Sweden, without giving effect to any principles of conflicts of law. Those who choose to use the Service from other locations do so on their own initiative and are responsible for compliance with local laws. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between the parties relating to the subject matter herein. Massive reserves the right, in its sole and absolute discretion, to change the terms of this Agreement at any time by posting new terms to the Service’s website, and your use of the Service after this agreement is modified or replaced indicates your acceptance of those new terms.

World in Conflict and Massive Entertainment are trademarks of Massive Entertainment, AB. All rights reserved.