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Pinball Corp

Platrium End User License Agreement
(October 2009)

NOTICE TO USER: THIS END USER LICENSE AGREEMENT ("EULA" or "AGREEMENT") APPLIES WITH RESPECT TO SOFTWARE APPLICATIONS AND DIGITAL CONTENT OWNED AND PROVIDED BY PINBALL CORP.AND ITS SUBSIDIARIES (REFERRED TO IN THIS AGREEMENT AS "WE" OR "PINBALL") FROM ANY PINBALL WEB SITE. THIS AGREEMENT SETS FORTH YOUR RIGHTS AND OBLIGATIONS WITH RESPECT TO YOUR USE OF ANY PLATRIUM SOFTWARE (DEFINED IN SECTION 1 BELOW), BUT SHALL NOT GOVERN YOUR USE OF ANY OTHER SOFTWARE (DEFINED IN SECTION 3 BELOW). PLEASE READ THIS AGREEMENT CAREFULLY. BY CLICKING "ACCEPT," "FINISH," "CONTINUE" OR A SIMILAR ACKNOWLEDGMENT BELOW, OR BY USING ALL OR ANY PORTION OF THE PLATRIUM SOFTWARE, YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT. YOU AGREE THAT THIS AGREEMENT IS ENFORCEABLE LIKE ANY WRITTEN NEGOTIATED AGREEMENT SIGNED BY YOU. IF YOU DO NOT AGREE, DO NOT INSTALL OR USE THE PLATRIUM SOFTWARE.

Special Notice for Non-English Speakers:

The Platrium Software is suited primarily for the use of English speakers and, therefore, this Agreement is written in English and is addressed to English speakers. If you are not proficient in English and feel that you cannot properly understand this Agreement, we recommend that you either retain the help of an English speaker to help you understand and accept the terms of this Agreement or, alternatively, refrain from installing or using the Platrium Software. In any event, if you choose to install or Use the Platrium Software, you will be bound by this Agreement and the Privacy Policy incorporated herein.

Special Notice for Residents of the State of Alaska, USA:

The Platrium Software may be prohibited by Alaska law. Therefore, by installing or Using the Platrium Software, you represent and warrant that your computer is not located in the state of Alaska. To the extent that our systems are able to recognize that your computer is located in the state of Alaska, we will not enable you to install the Platrium Software.

Notice for All Users:

By installing the Platrium Software, you get free access to sponsored content available on the Internet and other software applications. The Platrium Software will show you a limited number of ads, including in a Slider format similar to an Instant Messaging notification. The ads are based on keywords from the websites you visit. Please note that you may receive Adult-oriented ads if you utilize keywords connected to, search for, or view Adult websites. See Section 7.2 below for more details. Please also note that, depending on your browser version, the Platrium Software may become the default search provider. Once installed and running, you can access the Platrium Software from your system tray, and you can uninstall it at any time by using the Add or Remove Programs feature of Microsoft Windows. Please see Section 3 below for important terms and conditions regarding other software applications distributed by Pinball.

1. Definitions. "Platrium Software" means (a) the Slider Format Software (as described in Section 7), the Platrium Outlook Toolbar Software (as described in Section 8), any other software or digital content owned and provided by Pinball, that accompanies this Agreement; and (b) any bug fixes, upgrades, modified versions or updates to the Platrium Software (collectively referred to as "Updates") that we subsequently provide to you. "Use," "Used" or "Using" means to access, install, download, copy or benefit from using the functionality of the Platrium Software.

2. Owner of Computer; All Users Bound; Age Limitation; Software License. You represent and warrant either that you are the owner of the computer and that you have authorized the download and installation of the Platrium Software or that the owner of the computer has authorized you to do so. You agree, with respect to all users of the computer on which you have caused the Platrium Software to reside, to provide a copy of these terms and conditions and to obtain their consent to these terms and conditions before allowing them to Use the Platrium Software. Alternatively, if you have the legal right to accept this Agreement on behalf of one or more users of the computer on which you have caused or authorized the Platrium Software to reside, then you hereby accept this Agreement on behalf of all such other users. You understand that the presence of the Platrium Software on any computer is voluntary and that you may remove it at any time. You must be at least 18 years of age to Use the Platrium Software. By accepting the terms of this Agreement and Using the Pinball Software, you represent that you are over the age of 18. As long as you comply with, and subject to, the terms of this Agreement, Platrium grants to you a non-exclusive, revocable license to Use the Platrium Software, in binary executable form only, solely for the purposes described in this Agreement.

3. Other Software. In addition to the Platrium Software, you will also be given the opportunity to access, download and/or use the technologies, services and/or content owned by third parties (collectively, "Other Software"). If you choose to access or use such Other Software, you acknowledge and agree that your rights to such Other Software are governed solely by the license terms and conditions accompanying the Other Software. For example, you may be required to click and accept additional end user license terms ("Other EULA") prior to the download, installation, copying or use of such Other Software. The Other EULA governs your use of Other Software, and not the terms of this Agreement. However, such Other EULA shall not affect any terms in this Agreement or your use of the Platrium Software. You further agree that Pinball is not responsible for any loss or damage of any sort incurred as a result of your download, installation, or use of Other Software, and you hereby waive and hold Pinball harmless from any losses arising under any claim you may have against Pinball with respect to Other Software.

4. Restrictions. You will: (a) not reverse engineer, disassemble or decompile the Platrium Software or attempt to discover or recreate the source code to the Platrium Software, except as otherwise required by applicable law, (b) comply with all applicable laws, including U.S. export control laws, in your Use of the Platrium Software, (c) not make any modification, adaptation, improvement, enhancement, translation or derivative work of or to the Platrium Software, (d) not remove, alter or obscure any proprietary notices (including copyright notices) of Pinball or its licensors in the Platrium Software, (e) not Use the Platrium Software for purposes for which it is not designed, and (f) only Use the Platrium Software for personal, non-commercial use.

5. Intellectual Property Rights. The Platrium Software is the intellectual property of, and owned by, Pinball and its licensors and suppliers. The structure, organization and code of the Platrium Software are the valuable trade secrets and confidential information of Pinball and its licensors and suppliers. The Platrium Software is protected by copyright, including without limitation by United States copyright law, international treaty provisions and applicable laws in the country in which it is being used. Except as expressly stated herein, this Agreement does not grant you any intellectual property rights in the Platrium Software by implication, estoppel or any other legal theory, and all rights not expressly granted in this Agreement are reserved by Pinball and its assigns, licensors and suppliers. One or more patents cover the features and services associated with this software including without limitation: US Patent No. 7,159,192, US patent application publication 20070162867; and all continuation patent, continuation-in part patents, and divisional patents and corresponding foreign counterparts.

6. Third Party Code; Notice and Attribution. The Platrium Software includes third party software subject to open source license terms, including, without limitation, the following applications: Encryption Engine, Compression Algorithm, PCRE, and Firefox Plug-in Modules, and NSIS Toolkit and Plug-ins. All rights are reserved by the licensors of such code and ownership is attributed as follows:

Encryption Engine: Copyright © 2002, Dr Brian Gladman brg@gladman.me.uk, Worcester, UK.

Compression Algorithm: Copyright © 1995-2002 Jean-loup Gailly and Mark Adler.

PCRE: THE BASIC LIBRARY FUNCTIONS Written by: Philip Hazel Email local part: ph10, Email domain: cam.ac.uk University of Cambridge Computing Service, Cambridge, England. Copyright (c) 1997-2007 University of Cambridge All rights reserved. THE C++ WRAPPER FUNCTIONS Contributed by: Google Inc. Copyright (c) 2007, Google Inc.

Firefox Plug-ins: (c) 1998 Netscape Communications Corporation. All Rights Reserved.

NSIS Toolkit and Plug-ins: Copyright © 1995 – 2007 Contributors as identified at http://nsis.sourceforge.net/Main_Page.

Reference to copyright ownership is for attribution purposes only and in no event shall be deemed an endorsement by such owners of the Platrium Software.

You acknowledge and agree that your right to use these publicly available components of the Platrium Software is governed by the terms applicable to each application. In the event of any conflict with the express terms of this Agreement, the terms of such publicly available license shall control your use of the relevant application. In no event shall the Platrium Software be deemed "open source" or "publicly available" software.

7. Important Information Regarding Slider Format Software. If the Platrium Software consists of Slider Format Software (the "Slider Software"), then the following terms and conditions apply to you:

7.1. Functionality. The Slider Software recognizes keywords from your Internet browser to display relevant contextual advertisements. These advertisements may be displayed on your computer screen at any time while you are searching and shopping online (and not necessarily while you are using any product or service related to or downloaded with the Slider Software); for example, the ads may be displayed in a Slider format similar to an Instant Messaging notification. The Slider Software neither stores any personally identifiable information nor records your browsing behavior. Please refer to Section 12 (below) for further information about our privacy policies.

7.2. Display of Advertising. The Slider Software starts automatically when you start your computer, runs in the background on your computer, displays an icon in your system tray while running, and may periodically show you advertisements. By installing and/or using the Slider Software, you grant permission for Pinball to periodically show you advertisements. The frequency of these advertisements (which may, for example, be displayed in a Slider format similar to an Instant Messaging notification) will be limited. Depending on Internet activity, active users may see about five (5) ads per day; some may see more, some may see fewer. To see a representative example of an advertisement that may be displayed, go to www.platrium.com/help/products.aspx, which is incorporated herein by reference. On occasion, you may search for a website and receive an error from your browser software indicating that the site cannot be found. When this occurs, the Slider Software includes a function that may redirect your web browser to our sponsor's websites based on the content of the website address, or URL, which you entered. You hereby consent to these actions. Please note that you may receive ads for Adult-oriented websites if you utilize keywords connected to, search for, or view Adult websites. An Adult website is one that contains or references (whether via audio, video, audiovisual, images, sounds or text) any of the following: profanity, violence, blood and gore, weapons, use of alcohol, drugs, tobacco, online gambling, pornography, erotica, erotic images, nudity, sex, sexually explicit images, and sexual references. Pinball does not permit advertisements that are themselves pornographic, nor does it permit advertisements for online "pay-for-play" gambling, either directly or indirectly, in the United States or other jurisdictions where such advertisements are disallowed. More generally, Pinball does not permit ads promoting illegal products or illegal practices. If you believe you have received an ad that violates these prohibitions, please contact us at the web or street address listed in the last section of this EULA. We request that you enclose a screenshot of the ad (including its ad label) in your communication to us. For information on how you may be able to restrict certain types of sites from opening in your browser, go to http://www.platrium.com/help/faq.aspx.

7.3. The advertisements that the Slider Software presents are not endorsed by or affiliated with the websites that trigger their appearance. Advertisements that the Slider Software presents are branded with a Platrium brand name in, for example, a conspicuous line of text at the bottom of the Slider ad, so you will know that they are brought to you by Pinball and Platrium Software and not by the Web pages you may be viewing when the advertisements are displayed.

8. Important Information Regarding Platrium Outlook Toolbar Software. If the Platrium Software consists of the toolbar for Microsoft Outlook/Outlook Express software (the "Platrium Outlook Toolbar Software"), then the following terms and conditions apply to you:

8.1. Display of Advertising. By installing and/or using the Platrium Outlook Toolbar Software, you grant permission for the Platrium Software to display a hyperlink in your email that will allow your email recipient(s) to link to Platrium and sign up for services provided byPinball, if your email recipient so chooses.

9. Uninstallation. You understand and agree that the presence of the Platrium Software on your computer is voluntary and that you may remove the Platrium Software from your computer at any time. The Platrium Software may be uninstalled by going to the "Add or Remove Programs" menu on your computer and clicking the "Remove" button next to the entry for the Platrium Software. Specifically, to uninstall the Platrium Software, please follow these steps: 1. Go to Start menu; 2. Select Control Panel; 3. Select Add or Remove Programs; 4. Select the Platrium Software; 5. Click Change/Remove. You may be required to restart your computer in order for the uninstallation to take effect. Please note that the above is the only proper way to ensure complete removal of all Platrium Software files – many security applications or other software tools do not completely or properly remove the Platrium Software. Some Internet content and software publishers, including Pinball, require that their users have certain of the Platrium Software (including the Slider Software) installed on their computer in order to access their content or use their software applications ("Content Providers"). Uninstallation of such Platrium Software may impact your ability to access such content and/or use such software.

10. Updates. Pinball, in its sole discretion, may provide you with Updates to the Platrium Software as part of this Agreement. The Platrium Software will automatically check Pinball for the existence of any Update that Platrium has released, and in the event that one is available, the Platrium Software will update itself automatically. Nothing herein shall be construed or interpreted as requiring that Pinball provide Updates. Pinball will not install any new software or Update that in our reasonable judgment has functionality that is materially different from the functionality of the previously installed Platrium Software without your prior consent.

11. Disclaimer of Warranties and Remedies; Indemnity.

11.1. No Warranty; Disclaimer. YOUR USE OF THE PLATRIUM SOFTWARE IS AT YOUR SOLE RISK. THE PLATRIUM SOFTWARE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. Pinball, AND ITS LICENSORS AND SUPPLIERS, EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Pinball, AND ITS LICENSORS AND SUPPLIERS, MAKE NO WARRANTY THAT (i) THE PLATRIUM SOFTWARE WILL MEET YOUR REQUIREMENTS, (ii) THE PLATRIUM SOFTWARE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PLATRIUM SOFTWARE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE PLATRIUM SOFTWARE WILL MEET YOUR EXPECTATIONS, OR (v) ANY ERRORS IN THE PLATRIUM SOFTWARE WILL BE CORRECTED. ANY OTHER SOFTWARE DOWNLOADED OR OTHERWISE OBTAINED VIA PLATRIUM SOFTWARE OR THE USE OF THE PLATRIUM SOFTWARE ARE OBTAINED AND USED AT YOUR OWN DISCRETION AND RISK AND Pinball EXPRESSLY DISCLAIMS ALL WARRANTIES IN AND TO SUCH OTHER SOFTWARE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PLATRIUM SOFTWARE, INCLUDING OTHER SOFTWARE, IS OBTAINED AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Pinball OR THROUGH OR FROM THE PLATRIUM SOFTWARE SHALL CREATE ANY WARRANTY.

11.2. Limitation of Damages. NEITHER PINBALL NOR ANY OF ITS LICENSORS OR SUPPLIERS WILL HAVE ANY, AND YOU RELEASE PINBALL AND ALL OF ITS LICENSORS AND SUPPLIERS FROM ANY, LIABILITY (WHETHER IN CONTRACT, WARRANTY, TORT, NEGLIGENCE OR OTHERWISE) FOR ANY DAMAGES SUSTAINED BY YOU ARISING FROM THE USE OR INABILITY TO USE THE PLATRIUM SOFTWARE OR THE OTHER SOFTWARE, INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OR LOSS OF DATA, SAVINGS, OR PROFITS OR THE COST OF PROCURING SUBSTITUTE GOODS, EVEN IF PINBALL OR ANY OF ITS LICENSORS OR SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL PINBALL'S OR ANY OF ITS LICENSORS’ OR SUPPLIERS’ ENTIRE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT EXCEED FIVE HUNDRED UNITED STATES DOLLARS ($500.00US). THE LIMITATIONS IN THIS SECTION WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY UNDER THIS AGREEMENT.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Any representations made with respect to, and support or assistance offered by Pinball in connection with, the Platrium Software are offered by Pinball only and not by any third party providing open source to Pinball.

12. Use of Information. By installing the Platrium Software, you grant permission for Pinball to collect and use certain information. You acknowledge that you have reviewed Pinball's Privacy Policy for the Platrium Software, which describes Pinball's practices with respect to the collection, use and disclosure of information in connection with your Use of the Platrium Software. A copy of the Privacy Policy is available at http://www.platrium.com/help/privacy.aspx. Pinball reserves the right to change the provisions of its Privacy Policy from time to time. Pinball will post any changes to the Privacy Policy at the web address in the preceding sentence. Your Use of the Platrium Software following the posting of such changes to the Privacy Policy will constitute your acceptance of any such changes.

12.1. Infringement Reporting Procedure. Pinball shall not be responsible for Other Software and/or content hosted by non-Platrium content providers. However, if you are aware of any infringing or illegal content hosted by a site that utilizes the Platrium Software as an access control mechanism, please refer to Section 8 of Pinball’s Terms of Use for Platrium Software located at http://www.platrium.com/help/termsofuse.aspx, and follow the instructions therein to report such infringing activities.

13. Compatibility. Pinball does not warrant that the Platrium Software will be compatible with your hardware or other software installed on your computer system. Compatibility issues may cause your computer's performance to suffer. In the event that the Platrium Software is not compatible with your hardware or other software installed on your computer system, the Platrium Software can be uninstalled. Please refer to Section 9 (above) for detailed uninstall directions. Like all software, the Platrium Software utilizes some of your computer's resources to run, including system memory and Internet connection. Use of the Platrium Software on a computer with inadequate system resources will cause such computer's performance to suffer.

14. User Representations and Warranties. You acknowledge, represent and warrant that (a) your installation and/or Use of the Platrium Software will not violate any local, state or federal laws that apply to you or to the Use or installation of the Platrium Software; and (b) Pinball is not causing the Platrium Software to be installed on your computer, but has provided the Platrium Software to you, which you are installing of your own volition.

15. Indemnification. You agree to defend, indemnify, and hold harmless Pinball, its licensors and suppliers, and each of their respective officers, directors and employees, from and against any lawsuits, claims, losses, damages, fines and expenses (including attorneys' fees and costs) arising out of your use of the Platrium Software or your breach of this Agreement.

16. Export. You agree that the Platrium Software may not be acquired, shipped, transported, exported, or re-exported (a) into (or to a national or resident of) any U.S. embargoed country or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce's Table of Denial Orders. By using the Platrium Software, you represent and warrant that you are not located in, under control of, or a national or resident of any such country or on any such list.

17. Governing Law; Dispute Resolution. This Agreement will be governed by and construed in accordance with the laws of the State of California, U.S.A., without regard to its choice of law principles to the contrary. Any controversy, dispute or claim arising out of or relating to this Agreement or breach thereof shall be resolved by binding arbitration administered by JAMS / Endispute or the American Arbitration Association pursuant to their arbitration rules and procedures (the "Rules"), except as otherwise provided herein. Arbitration shall be the exclusive method of resolving any controversy, dispute or claim arising out of or relating to this Agreement. Any arbitration conducted hereunder shall take place in San Francisco, California. Judgment on any arbitration award may be entered in any court having jurisdiction. The arbitrator's fee and other expenses of the arbitration process shall be shared equally. The parties shall bear their own respective costs and attorneys' fees. California law, to the extent permitted, shall govern all substantive aspects of the dispute and all procedural issues not covered by the Rules. Nothing in this section shall prohibit Pinball from seeking injunctive relief before an appropriate court to the extent necessary to protect its rights pending resolution of the dispute in accordance with the foregoing provisions.

18. United States Government End Users. If you are an end user acting on behalf of the United States Government ("U.S. Government"), the Platrium Software is provided to you with restricted rights. Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software - Restricted Rights at 48 CFR 52.227-19, as applicable. Manufacturer is Pinball, 840 Grier Drive, Suite 310, Las Vegas, NV 89119.

19. Miscellaneous. This is the entire agreement between Platrium and you relating to the Platrium Software, and it supersedes any prior representations, discussions, undertakings, communications or advertising relating to the Platrium Software. If any part of this Agreement is held by a court to be illegal, invalid or unenforceable, it will not affect the validity of the balance of the Agreement, which will remain valid and enforceable according to its terms. This Agreement may only be modified by a writing signed by an authorized officer of Platrium. If you violate any term of this Agreement, Platrium may terminate this Agreement without waiving any other rights. This Agreement is assignable by Platrium. You may not assign your rights and obligations under this Agreement.

20. Contact Us. If you have any questions about the Platrium Software, you should first consult the Platrium Software website http://www.platrium.com. This site includes links to company information, answers to frequently asked questions, and all of Pinball's current policies for the Platrium Spftware. If you have further questions or concerns as to the Platrium Software, please contact us at http://www.platrium.com/Help/Support.aspx or write to Platrium Support, 840 Grier Drive, Suite 310, Las Vegas, NV 89119.