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<P><B>END USER LISCENSE AGREEMENT – EULA</B><BR> <BR> This EULA ("Agreement") applies your use of DigiGames online or offline services and your use of and/or access to the QandAtime.com website and/or other websites (collectively, "Website") which are owned or operated by DigiGames, Inc. including any portions thereof available only to subscribers. Communications concerning QandAtime should be sent to DigiGames, Inc., P.O. Box 112 Oakes, ND 58474. Your use of the Website will also be subject to your agreement to terms and conditions provided on the Website (the "Website Terms and Conditions"), which can be found at http://www.digigames.com/accessagreement.com.<BR> <BR> <B>1. Your Subscription</B> - Unless otherwise specified, we grant you a non-exclusive, non-transferable, limited right to access, use and display the Website and the material provided thereon for your personal, commercial or non-commercial use, provided that you comply fully with the provisions of this Agreement. You agree not to assign, transfer or sublicense your rights as a QandAtime subscriber. You agree to be financially responsible for your subscription.<BR> <BR> If you do not comply with this Agreement at any time, we reserve the right to cancel or terminate your use and access of the Website (or any part thereof) without prior notice. In our sole discretion and without prior notice or liability, we may discontinue or modify any aspect of the Website, including, but not limited to, (i) restricting the amount of use and/or access permitted, and (ii) restricting or terminating anyone's right to use and/or access the Website. Further, you agree that we shall not be liable to you or any third party for any termination or cancellation of your access to or use of the Website.<BR> <BR> <B>2. Charges and Fees</B> - As a QandAtime.com subscriber, you are charged by DigiGames a monthly (or other periodic) fee and initial fixed or registration fee, if applicable at the time, as set forth on the Website. You agree to pay, using a valid credit card (or other form of payment), such fees to use or access QandAtime.com. We reserve the right to increase fees, or to institute new fees at any time, upon advance notice communicated to you through a posting on the Website or such other means as we may deem appropriate (including email or conventional mail).<BR> <BR> <B>After your payment for your initial billing period, we will automatically charge your credit card (or other account, if applicable) up to 5 days prior to the start of each renewal period, unless you have cancelled your subscription before you are charged for the relevant renewal period. Cancellations must be made in writing and mailed to DigiGames or emailed to QandAtime@digigames.com 30 not less than thirty (30) business days written notice.</B> The renewal charge will be the same as the prior period's charge, unless we notify you at the time of sign-up or prior to the beginning of the renewal period as described above, or if you were previously signed up for a discount rate for which you are no longer eligible -- in which case your subscription will automatically be renewed at our standard subscription rates and for our standard period (usually monthly or annually). Each time you log onto the Website you reaffirm your agreement that we may charge your credit card (or other form of payment, if applicable). In the event we cannot charge your account, we reserve the right to terminate your QandAtime subscription.<BR> <BR> You agree to provide us with true, accurate and complete information as required by the sign-up process ("Subscription Data"), including your legal name, address, telephone number, email address and applicable billing information (e.g., credit card number and expiration date). Without limiting any other provision of this Agreement, if you provide any information that is untrue, inaccurate, or incomplete, or we have reasonable grounds to suspect that such is the case, we reserve the right to suspend or terminate your subscription, and if applicable, your user account, and refuse any and all current or future use and/or access by you of the Website (or any portion thereof).<BR> <BR> <B>3. File Sharing</B> – From time to time DigiGames may review content you have created and may choose to share or sell your content to other users. Trivia content created by other users may be shared or sold to you.<BR> <BR> <B>4. Refunds</B> - Our fees, including the full annual or monthly fee for any month (or portion thereof) elapsed (regardless of whether you logged onto QandAtime.com during that month), are nonrefundable.<BR> <BR> <B>5. Disclaimer of Warranty</B> - PLEASE NOTE THAT NO ADVICE OR INFORMATION OBTAINED BY YOU FROM DIGIGAMES PERSONNEL SHALL CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED FOR IN THIS AGREEMENT.<BR> <BR> <B>6. Indemnification</B> - You agree to indemnify, hold harmless and, at our option, defend us and our officers, directors, employees, stockholders, agents and representatives from any and all third party claims, liability, damages and/or costs (including, but not limited to, reasonable attorney's fees and expenses) arising from your improper use of any DigiGames products or services (including, without limitation, QandAtime), your violation of this Agreement, or the infringement or use by you or any other user of your account, of any intellectual property or other right of any person or entity.<BR> <BR> <B>7. No Warranty</B> - Any use of the Software is at your own risk. To the maximum extent permitted by applicable law, Licensor and its suppliers, sponsors, and advertisers disclaim all warranties and conditions, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and noninfringement.<BR> <BR> <B>8. No Liability For Consequential Damages</B> - To the maximum extent permitted by applicable law, in no event shall Licensor or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the use of or inability to use the Software, even if Licensor has been advised of the possibility of such damages. The user must assume the entire risk of using the program. Any liability of the seller will be limited exclusively to product replacement or refund of purchase price.<BR> <BR> <B>9. Equitable Remedies</B> - Licensee hereby agrees that Licensor would be irreparably damaged if the terms of this EULA were not specifically enforced, and therefore Licensee agrees that Licensor shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of this EULA, in addition to such other remedies as Licensor may otherwise have available to it under applicable laws.<BR> <BR> <B>10. Trade Secrets; Title</B> - Licensee acknowledges and agrees that the structure, design, and organization of the Software are the valuable trade secrets of Licensor. Licensee agrees to hold such trade secrets in confidence. Licensee further acknowledges and agrees that ownership of, and title to, the Software and all subsequent copies thereof, regardless of the format or media held by Licensor.<BR> <BR> <B>11. Nefarious Activities</B> - The Licensor may revoke the Licensee's license to use the software if it is discovered that the Licensee is involved, directly or indirectly, in any illegal or nefarious activities. Deciding what constitutes nefarious activities is solely at the discretion of the Licensor. In such event, Licensee must destroy all copies of the Software as well as all files created by the Software. The Licensor is under no obligation to issue a refund on revoked licenses. To the maximum extent permitted by applicable law, in no event shall Licensor or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the inability to use the Software once a license has been revoked.<BR> <BR> I hereby acknowledge that I have read and understand the foregoing End-User License Agreement and agree that the action of installing any DigiGames Software or use of QandAtime.com is an acknowledgment of my agreement to be bound by the terms and conditions of the Agreement contained herein. I also acknowledge and agree that this EULA is the complete and exclusive statement of the agreement between the Licensor and DigiGames, and that the EULA supersedes any prior or contemporaneous agreement, either oral or written, and any other communications between the Licensor and DigiGames.<BR>
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