THE MAGIQUEST CLIENT APPLICATION SOFTWARE IS LICENSED, NOT SOLD. BY INSTALLING, COPYING, OR OTHERWISE USING THE CLIENT APPLICATION, YOU AGREE TO BE BOUND BY THE TERMS OF THIS END-USER LICENSE AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, YOU MAY NOT INSTALL, COPY, OR USE THE CLIENT APPLICATION. IF YOU REJECT THE TERMS OF THIS AGREEMENT WITHIN 30 DAYS AFTER YOUR PURCHASE, YOU MAY CALL 503-842-7001 TO REQUEST A FULL REFUND OF THE PURCHASE PRICE.

IF YOU ARE UNDER 18 OR THE AGE OF MAJORITY IN YOUR JURISDICTION YOUR PARENT OR LEGAL GUARDIAN MUST ALSO AGREE TO THE TERMS AND CONDITIONS OF THIS USER AGREEMENT BEFORE YOU MAY USE THE SOFTWARE. IF YOU AND, IN THE CASE OF MINORS, YOUR PARENT OR LEGAL GUARDIAN AS WELL, DO NOT AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS USER AGREEMENT, YOU ARE NOT PERMITTED TO DOWNLOAD OR USE THIS SOFTWARE. PLEASE PRINT A COPY OF THIS USER AGREEMENT FOR YOUR RECORDS. IF YOU AND, IN THE CASE OF MINORS, YOUR PARENT OR LEGAL GUARDIAN AS WELL, DO NOT AGREE WITH THE TERMS AND CONDITIONS OF THIS AGREEMENT, PLEASE CLICK THE "CANCEL" BUTTON.

Unless otherwise stated, "CREATIVE KINGDOMS ," "we," or "our" refers to "CREATIVE KINGDOMS. LLC," “MAGIQUEST, “ and its successors and assigns. The MagiQuest Client Application software is the copyrighted work of Creative Kingdoms, LLC.

1. Limited Use License
Subject to the terms and conditions of this Agreement, Creative Kingdoms grants, and you hereby accept, a limited, personal, non-exclusive, non-transferable, revocable right and license to (i) access www.magiquest.com and/or related websites to download the Client Application in accordance with the instructions provided; (ii) install and use the Client Application on your personal computer solely for the purpose of accessing and using the Game Content in connection with the MagiQuest online game service (the "Service"), which is subject to a separate Terms of Use Agreement incorporated herein by reference; and (iii) access and use the Service and Game Content, and exchange information and data through the Service, using your personal computer in the manner described in the Client Application. All use of the Client Application is subject to this End User License Agreement and the Terms of Use agreement, both of which you must agree to accept before you can use your account to access and use the Service and the Game Content.

2. Additional License Limitations
The license granted to you in Section 1 is subject to the limitations set forth in Section 1 and this Section 2 (together, the "License Limitations"). Any use of the Client Application in violation of the License limitations will be regarded as an infringement of Creative Kingdoms' copyrights in and to the Client Application. You agree that you will not, under any circumstances:

1. modify, create derivative works from, adapt, or translate any part of the Client Application or Game Content;
2. reverse engineer, decompile, or disassemble any part of the Client Application or Game Content;
3. offer for sale, sell, distribute, re-distribute, assign, rent, lease, sublicense or otherwise transfer any part of the Client Application or Game Content;
4. duplicate, reproduce or copy any part of the Client Application or Game Content;
5. insert or allow the insertion of any virus, Trojan horse or other disabling or disrupting item of code;
6. use the Client Application or Game Content for any commercial purpose;
7. attempt to use the Client Application or Game Content in a fraudulent manner, including but not limited to, using alleged cheat codes, automation software, hacks, mods, exploits or any other unauthorized third-party software designed to: modify the Game Content or any Game experience, or gain or attempt to gain unearned Runes or other items;
8. sell, barter, or trade any items earned through the use of the Client Application or Game Content; or
9. otherwise use the Client Application or Game Content in a manner not expressly authorized under this Agreement;

3. Service and Terms of Use
You must accept the Terms of Use in order to access the Service and play the Game. The Terms of Use Agreement governs all aspects of game play. You may view the Terms of Use at the following link: http://www.magiquest.com/mqonline-tou/. If you do not agree with the Terms of Use, you may not register for an Account to play the Game, and you may call 503-842-7001 to request a full refund of the purchase price. Once you accept the License Agreement and the Terms of Use, you will no longer be eligible for a refund.

4. Ownership
All products, services, content, information displayed, performed or otherwise accessible through the Client Application and the MagiQuest Website, including, without limitation, Public Materials, Member Materials, software, designs, texts, databases, images, photographs, illustrations, audio clips, video clips, artwork, graphic material, animation, and any copyrightable and/or patentable elements, and the selection and arrangements thereof, and all trademarks, service marks, trade names, trade dress and patents remain the sole property of Creative Kingdoms. Except for the right and license expressly granted in this paragraph, no right or license is granted by implication, estoppel or otherwise, and Creative Kingdoms and its licensors reserve all right, title and interest in and to the Service, Client Application, and Game Content, the websites through which the Service is provided, all information and data provided through the Service, any trademarks, service marks and logotypes appearing in the Service, Client Application or Game Content (including, without limitation, all characters, graphics, illustrations, images, text, audio/video, ideas, and means of character interaction), and the network and server infrastructure (including all related software) utilized to operate or provide any of the foregoing, including, but not limited to, any changes, modifications, improvements or corrections to them or derivative works of them, all related technology, any rights under copyright, patent, trademark, service mark, or trade dress (whether or not any of these are registered), any proprietary rights in trade secrets, know-how, designs or databases, and any right or form of protection similar to any of the foregoing existing anywhere in the world. Without limiting the foregoing, "MagiQuest," "MagiQuest Online," "MQ," "Live the Game," and the relating logos are trademarks of Creative Kingdoms, its licensors and/or its affiliates, and any use of such trademarks shall inure to the benefit of Creative Kingdoms, its licensors and/or its affiliates. In addition, you disclaim any proprietary rights that you may have in any information or data that may be collected through your use of the MagiQuest Online, the Client Application or the Game Content; or, in the event such disclaimer is deemed unenforceable, you hereby grant Creative Kingdoms a license to use information and data in connection with the Service, including (without limitation) any marketing and promotions thereof.

5. Suspension and Termination.
This End User License Agreement is effective until terminated. You may terminate this Agreement at any time by (i) permanently destroying all copies of the Client Application and Game Content in your possession or control; (ii) removing the Client Application and Game Content from your hard drive; and (iii) notifying Creative Kingdoms of your intention to terminate this Agreement.

Subject to the terms of this Agreement, you acknowledge and agree that Creative Kingdoms may suspend or terminate your access to and use of the Service, the Client Application, and/or the Game Content at any time for any reason, and such suspension or termination is in addition to, and not in lieu of, any rights and remedies available to Creative Kingdoms under this Agreement or under applicable laws. In addition, without limitation, Creative Kingdoms shall have the right to suspend or terminate all access and use of the Service, the Client Application and/or the Game Content without notice. Upon termination for any reason, all licenses granted herein shall immediately terminate and you must immediately and permanently destroy all copies of the Client Application and Game Content in your possession and control and remove the Client Application and Game Content from your hard drive.

6. Patches and Updates
Creative Kingdoms may deploy or provide patches, updates, and modifications to the Client Application and/or Game Content that must be installed for the user to continue to play the Game. Creative Kingdoms may update the Client Application and/or Game Content remotely without the knowledge of the user, and you hereby grant to Creative Kingdoms your consent to deploy and apply such patches, updates, and modifications.

7. Notice
To the extent permitted by applicable law, the parties have requested that this User Agreement and all communications and documents relating hereto be expressed in the English language. You further acknowledge and agree that all communications and documents between you and Creative Kingdoms with respect to your use of the Client Application may take place electronically and that all such electronic notices, agreements, and other communications from Creative Kingdoms shall be the legal equivalent of written communications. You acknowledge and agree that, if necessary, we will communicate with you via the email address you provide to us when you register for an Account. Notices that are applicable to all Creative Kingdoms customers shall be made available on our websites or within the Service. You will be deemed to have received a notice at the time the email is sent or the time the notice is posted on our websites or within the Service.

8. Disclaimer of Warranty.
CREATIVE KINGDOMS PROVIDES THE SERVICE, CLIENT APPLICATION AND GAME CONTENT ON AN "AS IS" BASIS. TOTHE EXTENT PERMITTED BY LAW, NEITHER CREATIVE KINGDOMS, ITS AFFILIATES, NOR THEIR RESPECTIVE SERVICE PROVIDERS, SUPPLIERS OR LICENSORS MAKE ANY REPRESENTATION OR WARRANTY, EXPRESS, IMPLIED OR STATUTORY, WITH RESPECT TO THE SERVICE, CLIENT APPLICATION, GAME CONTENT, ANY INFORMATION OR DATA PROVIDED IN CONNECTION THEREWITH, OR ANY OTHER GOODS OR SERVICES PROVIDED BY ANY SUCH PARTY, INCLUDING, BUT NOT LIMITED TO, (A) ANY WARRANTY AS TO CONDITION, QUALITY, AVAILABILITY, DURABILITY, PERFORMANCE, ACCURACY, COMPLETENESS, CURRENCY OR RELIABILITY, (B) ANY WARRANTY THAT THE SERVICE, CLIENT APPLICATION, GAME CONTENT, OR ANY RELATED INFORMATION OR DATA WILL BE PROVIDED OR MADE AVAILABLE IN A SECURE, CONTINUOUS, ERROR-FREE OR UNINTERRUPTED MANNER, OR (C) ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT, AND CREATIVE KINGDOMS, ITS AFFILIATES AND THEIR RESPECTIVE SERVICE PROVIDERS, SUPPLIERS AND LICENSORS HEREBY DISCLAIM THE SAME. THE SERVICE IS FOR CONSUMER USE ONLY, THUS CREATIVE KINGDOMS' LIABILITY (IF FOUND) SHALL NOT IN ANY EVENT INCLUDE LOSSES RELATED TO ANY BUSINESS OF YOURS, SUCH AS LOST PROFITS OR BUSINESS INTERRUPTION. UNLESS EXPRESSLY STATED IN THIS AGREEMENT, AND TO THE EXTENT PERMITTED BY LAW, ALL OTHER IMPLIED CONDITIONS AND WARRANTIES ARE EXCLUDED. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS OR DISCLAIMERS OF IMPLIED WARRANTIES, SO THE LIMITATIONS AND DISCLAIMERS SET FORTH IN THIS PARAGRAPH MAY NOT APPLY TO YOU. THIS CONTRACT GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION.

9. Limitation of Liability
IN NO CIRCUMSTANCES SHALL CREATIVE KINGDOMS, ITS AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, SUPPLIERS OR LICENSORS BE LIABLE FOR (I) ANY PUNITIVE, EXEMPLARY, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSS OR DAMAGES OR LOSS OF REVENUE, PROFITS, GOODWILL, BARGAIN, OR OPPORTUNITIES OR LOSS OR CORRUPTION OF DATA OR ANTICIPATED SAVINGS INCURRED OR SUFFERED BY YOU WHETHER CAUSED BY NEGLIGENCE OR OTHERWISE, WHETHER OR NOT CREATIVE KINGDOMS WAS AWARE OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE; OR (II) THE ACTS OF OTHER USERS OF THE SERVICE WITH WHOM YOU MAY INTERACT THROUGH THE SERVICE, INCLUDING ANY INFORMATION OR DATA THAT SUCH OTHER USERS MAY TRANSMIT THROUGH THE SERVICE. CREATIVE KINGDOMS, ITS AFFILIATES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, SUPPLIERS AND LICENSORS HEREBY DISCLAIM ANY FIDUCIARY DUTY OR OBLIGATION WITH RESPECT TO ANY INFORMATION OR DATA THAT MAY BE COLLECTED THROUGH YOUR USE OF THE SERVICE, THE CLIENT APPLICATION OR THE GAME CONTENT. In no event shall Creative Kingdoms' liability arising from any claim related to the Service, Client Application or Game Content, whether in contract, tort (including without limitation negligence) in equity, under statute, under an indemnity, or on any other basis exceed $100. This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortious behavior, negligence, or under any other cause of action. Our liability under this Agreement will be reduced to the extent that your acts or omissions or any third party contribute to or cause the relevant liability.

10. Arbitration
Any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration at a neutral location within the United States convenient to both parties before one arbitrator. The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures. Judgment on the Award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. Notwithstanding the foregoing, without first seeking or obtaining any decision in arbitration (even if a similar or related matter has already been referred in arbitration in accordance with the terms of this paragraph), (i) Creative Kingdoms and its affiliates and licensors may bring any claim or suit for the purpose of evidencing, enforcing, registering or defending their intellectual property rights in any court or forum of competent jurisdiction; and (ii) Creative Kingdoms and its affiliates and licensors shall be entitled to seek injunctive and other equitable relief in any court or forum of competent jurisdiction to enforce this Agreement.

11. Amendments
You acknowledge and agree that Creative Kingdoms may modify the terms and conditions of this Agreement at any time by posting a revised version of this Agreement at http://www.magiquest.com/mqonline-eula , otherwise making it available for your review within the Service, or by providing such other notice as Creative Kingdoms may elect in their sole discretion. Any modifications to this Agreement, including, but not limited to, any modifications to the warranty disclaimers or limitations of liability contained in this Agreement, will supersede the prior agreement provisions for all activity occurring after the revised version has been made available in the manner described above. Your continued use of the Service after the revised version is made available constitutes your agreement to the revision. If you do not agree with the modifications to this Agreement, you may terminate the Agreement in accordance with Section 5 herein. Creative Kingdoms may change, modify, suspend, or discontinue any aspect of the Game at any time. Creative Kingdoms may also impose limits on certain features or restrict your access to parts or all of the Client Application, Game Content, or Service without notice or liability. You have no interest, monetary or otherwise, in any feature or part of the Client Application, Game Content, or Service.

12. Miscellaneous
This Agreement is solely for the benefit of the parties hereto, and Creative Kingdoms' affiliates and licensors, and shall not be for the benefit of others. This Agreement may not be amended or modified other than in the manner described above. If any provision in this Agreement is held to be illegal, invalid or unenforceable, the remaining terms of this Agreement shall remain in full force and effect. This Agreement shall be governed by, construed and enforced in accordance with the laws of the State of Oregon, USA as it is applied to agreements entered into and to be performed entirely within such State. The United Nations Convention on the International Sale of Goods shall not apply to this Agreement or any transaction contemplated by this Agreement. Unless we have agreed otherwise in writing, Creative Kingdoms will begin to supply the services as soon as your order has met all required conditions, and is received and accepted by Creative Kingdoms. Any action you, any third party or Creative Kingdoms bring to enforce this Agreement or, in connection with, any matters related to this site shall be brought only in either the state or Federal Courts located in Tillamook County, Oregon, USA and you expressly consent to the jurisdiction of said courts. You may not assign your rights under this Agreement, and any attempted assignment will be void. This Agreement and the rights and obligations under this Agreement may be transferred or assigned by Creative Kingdoms, in whole or in part, and terms and provisions of this Agreement shall inure to the benefit of such transferee or assignee. Creative Kingdoms shall not be deemed to have waived any of its rights under this Agreement absent an express written waiver signed by an authorized representative of Creative Kingdoms. Creative Kingdoms assumes no responsibility or obligation to enforce this Agreement, which enforcement it may undertake, in whole or in part, in its sole discretion. The provisions of Sections 4, 8-10, and 12 shall survive the termination of this Agreement for any reason.

I hereby acknowledge that I have read and understand the foregoing End User License Agreement and agree that by clicking "Accept" or installing the Client Application I am acknowledging my agreement to be bound by the terms and conditions of this Agreement.

Revised 03/29/2010