Altitude SUBSCRIBER AGREEMENT

This Altitude Subscriber Agreement ("Agreement") is a legal document that explains your rights and obligations as a Subscriber. Please read it carefully.

1. REGISTRATION AND ACTIVATION.

Altitude is an online service ("Altitude") offered by Nimbly Games, LLC ("Nimbly Games").

You become a subscriber of Altitude ("Subscriber") by installing the Altitude client software and completing the Altitude registration. Additionally, as a Subscriber you may obtain access to certain services, software and content ("Subscriptions") available to Subscribers. Conclusion of this contract between Nimbly Games and you takes place as soon as you access the Altitude service after accepting this Agreement.

Each Subscription allows you access to certain services, software and other content under the terms of each such Subscription and this Agreement. Additional terms provided with each such Subscription ("Subscription Terms") may apply to the use of a given Subscription, and are incorporated into this Agreement. Further, additional terms (for example, fees and billing procedures) may be posted on http://altitudegame.com or within the Altitude service ("Rules of Use"), and are incorporated into this Agreement. As a Subscriber, you agree to all of the terms and conditions of the Nimbly Games Privacy Policy, which are also incorporated into this Agreement. A copy of the Nimbly Games Privacy Policy can be found at http://altitudegame.com/privacy.html.

When you complete Altitude's registration process, you create a Altitude account ("Account"). Your Account may also include billing information you provide to us for the purchase of Subscriptions. You are solely responsible for all activity on your Account and for the security of your computer system. You may not reveal, share or otherwise allow others to use your password or Account. You agree that you are personally responsible for the use of your password and Account and for all of the communication and activity on Altitude that results from use of your login name and password. You may not sell or charge others for the right to use your Account, or otherwise transfer your Account.

2. LICENSES

A. License Terms.

Altitude and your Subscription(s) require the automatic download and installation of software and other content and updates onto your computer ("Altitude Software"). You may not use Altitude Software for any purpose other than the permitted access to Altitude and your Subscriptions. You understand that for reasons that include, without limitation, system security, stability, and multiplayer interoperability, Altitude may need to automatically update, pre-load, create new versions or otherwise enhance the Altitude Software and accordingly, the system requirements to use the Altitude Software may change over time. You understand that neither this Agreement nor the terms associated with a particular Subscription entitles you to future updates, new versions or other enhancements of the Altitude Software associated with a particular Subscription although Nimbly Games may choose to provide such updates, etc. in its sole discretion.

Nimbly Games hereby grants, and you accept, a limited, terminable, non-exclusive license and right to use the Altitude Software for your personal use in accordance with this Agreement and the Subscription Terms. The Altitude Software is licensed, not sold. Your license confers no title or ownership in the Altitude Software.

Additionally, Nimbly Games hereby grants, and you accept, a limited, terminable, non-exclusive license (the Installer License) to reproduce and distribute an unlimited number of exact copies of the Altitude client installation software ("Altitude Installer") via online download; provided that the following conditions are met:

(i) you must redistribute the Altitude Installer in its entirety;
(ii) you must not modify the Altitude Installer in any way nor integrate or combine it with another software program;
(iii) you must redistribute the Altitude Installer on a non-commercial basis (i.e. you may not charge any fee or receive any compensation for your redistribution);
(iv) you must include any Nimbly Games license agreement provided with the Altitude Installer; and
(v) you must preserve in all copies of the Altitude Installer all copyright and legal notices that are attached to the copy of the Altitude Installer received by you.

B. Beta Software Terms

Nimbly Games may from time to time make software accessible to you via Altitude prior to the general commercial release of such software ("Beta Software"). You are not required to use Beta Software, but if Nimbly Games offers it, you may elect to use it under the following terms. Beta Software will be deemed to be Altitude Software, and each item of Beta Software provided will be deemed a Subscription for such Beta Software, with the following provisions specific to Beta Software:

(i) your right to use the Beta Software license is effective until the earlier of: (a) Nimbly Games ceases to make the Beta Software accessible to you; (b) Nimbly Games issues a final release of the software that corresponds to the Beta Software; or (c) termination by Nimbly Games pursuant to Section 13 below;
(ii) certain Beta Software may be made available to you subject to additional Subscription Terms to which you must agree as a condition of use of the Beta Software;
(iii) Nimbly Games may request or require that you provide suggestions, feedback, or data regarding your use of the Beta Software, which will be deemed User Generated Information under Section 7 below; and
(iv) in addition to the waivers and limitations of liability for all Altitude Software under Section 9 below, you specifically acknowledge that Beta Software is not final and may create incompatibilities or damage to your computer, data, and/or software. If you decide to install and/or use Beta Software, it is entirely at your own risk.

C. Altitude Map Editor.

Your Subscription(s) may contain access to the Nimbly Games Altitude Map Editor for the computer game Altitude and other compatible Nimbly Games products. You may use the Altitude Map Editor on a non-commercial basis solely to develop a new or modified map for Altitude or other Nimbly Games products compatible with and using the Altitude Map Editor. You may reproduce and distribute the Map in object code form, solely to licensed end users of Altitude or other compatible Nimbly Games products, provided that the Map is made publicly available and distributed without charge on a non-commercial basis

D. Ownership.

All title, ownership rights and intellectual property rights in and to the Altitude Software and any and all copies thereof are owned by Nimbly Games and/or its licensors. All rights reserved, except as expressly stated herein. The Altitude Software is protected by the copyright laws of the United States, international copyright treaties and conventions and other laws. The Altitude Software contains certain licensed materials and Nimbly Games's licensors may protect their rights in the event of any violation of this Agreement.

E. Restrictions.

Except as otherwise permitted under Section 2(C) with regard to the Altitude Map Editor, you may not, in whole or in part, copy, photocopy, reproduce, translate, reverse engineer, derive source code, modify, disassemble, decompile, create derivative works based on, or remove any proprietary notices or labels from the Altitude Software or any software accessed via Altitude without the prior consent, in writing, of Nimbly Games.

You are entitled to use the Altitude Software for your own use, but you are not entitled to: (i) sell, grant a security interest in or transfer reproductions of the Altitude Software to other parties in any way, nor to rent, lease or license the Altitude Software to others without the prior written consent of Nimbly Games; (ii) host or provide matchmaking services for the Altitude Software or emulate or redirect the communication protocols used by Nimbly Games in any network feature of the Altitude Software, through protocol emulation, tunneling, modifying or adding components to the Altitude Software, use of a utility program or any other techniques now known or hereafter developed, for any purpose including, but not limited to network play over the Internet, network play utilizing commercial or non-commercial gaming networks or as part of content aggregation networks, without the prior written consent of Nimbly Games; or (iii) exploit the Altitude Software or any of its parts for any commercial purpose.

3. MERCHANDISE

A. General.

Nimbly Games may from time to time offer items other than software content and services for purchase via Altitude (e.g., apparel, books, posters, etc.) ("Merchandise"). Nimbly Games may offer Merchandise together with or separate from Subscriptions, but such Merchandise is incidental to Subscriptions and the predominant purpose of Altitude is and shall remain the provision of Subscriptions and services related thereto. All offers to purchase Merchandise via Altitude are made and accepted subject to the terms and conditions of this Agreement. Your communications with Nimbly Games or submission of any purchase order or other similar forms containing provisions contrary to the terms of this Agreement or the terms presented by Nimbly Games during purchase of Merchandise via Altitude are hereby rejected and are not binding on Nimbly Games.

B. Shipping & Risk of Loss

This is a shipment contract. All Merchandise will be shipped FOB Las Cruces, New Mexico, unless Nimbly Games designates otherwise on Altitude in connection with a particular order. If you are an international customer, you acknowledge that Merchandise will be shipped from the United States and that you are responsible for any applicable import duties, customs fees, and taxes. Nimbly Games's liability as to delivery ceases, and title and risk of loss for the Merchandise will pass upon Nimbly Games's delivery of the Merchandise to a transportation carrier at the designated shipping point. If you pick up the Merchandise from Nimbly Games's place of business, title to and risk of loss will pass to you when Merchandise is placed at your disposal.

C. Acceptance/Rejection/Returns

The terms of this Section 3.C do not apply to European Union consumers. You will have a period of thirty (30) days after the date of receipt of any Merchandise to examine the Merchandise to confirm that it conforms to this Agreement and the offer for such Merchandise presented to you at Altitude. If the Merchandise does not conform to this Agreement and the offer for such Merchandise presented to you via Altitude, you may reject the Merchandise by returning it to Nimbly Games (at your expense) along with a copy of the receipt or other proof of purchase. Additional policies and instructions for returning defective merchandise to Nimbly Games can be found at http://altitudegame.com. After Nimbly Games has received your valid return, Nimbly Games will, within a reasonable time and in Nimbly Games's sole discretion: repair the Merchandise, replace the Merchandise with an equivalent item, credit to the credit card used to pay for the product an amount equal to the value of the Merchandise (as determined by Nimbly Games in its reasonable discretion), or provide another remedy that Nimbly Games determines in good faith is appropriate in the circumstances. All claims whether based on contract, negligence, strict liability or otherwise are waived unless made in writing and received by Nimbly Games within thirty (30) days after your receipt of Merchandise.

4. BILLING, PAYMENT AND OTHER SUBSCRIPTIONS

Nimbly Games offers some Subscriptions for free, and some for a Subscription fee. All fees are stated in U.S. dollars unless otherwise specified.

A. Payment by Credit Card.

When you provide credit card information to Nimbly Games, you represent to Nimbly Games that you are the authorized user of the credit card that is used to pay for Merchandise or Subscription or other fees and authorize Nimbly Games to charge your credit card for any Merchandise or Subscription or other fees incurred by you. For recurring monthly Subscriptions, each month that you use such Subscription(s), you agree and reaffirm that Nimbly Games is authorized to charge your credit card for the Subscription fee. You agree to notify Nimbly Games promptly of any changes to your credit card account number, its expiration date and/or your billing address, and you agree to notify Nimbly Games promptly if your credit card expires or is canceled for any reason.

B. Retail Purchase.

Nimbly Games may offer or require a Subscription for purchasers of retail packaged product versions or OEM versions of Nimbly Games products. The "CD-Key" or "Product Key" accompanying such versions is used to activate your Subscription.

C. Altitude Authorized Resellers.

You may purchase a Subscription through an authorized reseller of Nimbly Games. The "Product Key" accompanying such purchase will be used to activate your Subscription. If you purchase a Subscription from an authorized reseller of Nimbly Games, you agree to direct all questions regarding the Product Key to that reseller.

D. Free Subscriptions.

In some cases, Nimbly Games may offer a free Subscription to certain services, software and content. As with all Subscriptions, you are always responsible for any Internet service provider, telephone, and other connection fees that you may incur when using Altitude, even when Nimbly Games offers a free Subscription.

E. Third Party Sites.

Altitude may provide links to other third party sites. Some of these sites may charge separate fees, which are not included in and are in addition to any Subscription or other fees that you may pay to Nimbly Games. Altitude may also provide access to third-party vendors, who provide content, goods and/or services on Altitude or the Internet. Any separate charges or obligations you incur in your dealings with these third parties are your responsibility. Nimbly Games makes no representations or warranties, either express or implied, regarding any such third party site.

F. Pricing and Payment for Merchandise.

In addition to the above, the following terms apply to pricing of and payment for Merchandise. The prices for Merchandise displayed on Altitude are subject to change at any time without notice. Charges for shipping, handling and tax may not be included in displayed prices for Merchandise but will be displayed during the purchase process, although such displayed prices may not include all taxes, duties, and other fees that you may be obligated to pay to applicable government authorities. Shipping and handling charges displayed on Altitude may or may not reflect the actual charges paid by Nimbly Games. All war-risk, marine, or other insurance; harbor charges; tolls; wharfage; demurrage; wharf handling; duties, or warehousing charges are excluded from Merchandise prices displayed on Altitude and are your responsibility. You may be obligated under applicable local law to pay additional import duties and fees.

You must pay all applicable sales and use taxes, value added taxes and other taxes levied on you by any taxing authority on any Merchandise purchase in any country where such transactions are otherwise subject to tax, regardless of the method of delivery. Any taxes owed by you (i) as a result of purchasing Merchandise or the payment of any fee, (ii) that are required or permitted to be collected from you by Nimbly Games under applicable law, and (iii) that are based upon the amounts payable under this Agreement, must be remitted by you to Nimbly Games. Failure on Nimbly Games's part to invoice you for any such taxes does not relieve you of the liability to pay such taxes. You will promptly reimburse Nimbly Games for all taxes or other charges imposed upon Nimbly Games by any national, state or municipal government upon the sale, use, production, or transportation of Merchandise.

5. ONLINE CONDUCT, CHEATING AND ILLEGAL BEHAVIOR

You agree that you will be personally responsible for the use of your Account and for all of the communication and activity on Altitude that results from use of your Account. Your online conduct and interaction with other subscribers should be guided by common sense and basic etiquette. Specific requirements may also be found in the Altitude Online Conduct rules at http://altitudegame.com/rules.html, other Rules of Use, the Subscription Terms, or in terms of use required by third parties who host particular games or other services.

Altitude and the Altitude Software may include functionality designed to identify software or hardware processes or functionality that may give a player an unfair competitive advantage when playing multiplayer versions of any Altitude Software, other Nimbly Games products, or modifications thereof ("Cheats"). You agree that you will not create or assist third parties in any way to create Cheats. You agree that you will not directly or indirectly disable, circumvent, or otherwise interfere with the operation of software designed to prevent or report the use of Cheats. You acknowledge and agree that either Nimbly Games or any online multiplayer host may refuse to allow you to participate in certain online multiplayer games if you use Cheats in connection with Altitude or the Altitude Software. Further, you acknowledge and agree that an online multiplayer host may report your use of Cheats to Nimbly Games, and Nimbly Games may communicate your history of use of Cheats to other online multiplayer hosts for Nimbly Games products. Nimbly Games may terminate your Account or a particular Subscription for any conduct or activity that Nimbly Games believes is illegal, constitutes a Cheat, or which otherwise negatively affects the enjoyment of Altitude by other Subscribers. You acknowledge that Nimbly Games is not required to provide you notice before terminating your Subscriptions(s) and/or Account, but it may choose to do so.

6. THIRD PARTY CONTENT

"Third Party Content" means software and other content provided by third parties, other than Nimbly Games, that is designed to work in conjunction with the Altitude Software (e.g. mods of Nimbly Games game products). In regard to all Third Party Content, Nimbly Games acts merely as an intermediary service provider. Nimbly Games does not screen Third Party Content available on Altitude or through other sources. Nimbly Games does not assume any responsibility or liability for Third Party Content.

7. USER GENERATED INFORMATION

"User Generated Information" means any information made available to other users through your use of multi-user features of Altitude or to Nimbly Games through your use of the Altitude Software. User Generated Information may include, but is not limited to, chat, forum posts, screen names, game selections, player performances, usage data, suggestions about Nimbly Games products or services, and error notifications. Subject to the Nimbly Games privacy policy referenced in Section 1 above, as applicable, you expressly grant Nimbly Games the complete and irrevocable right to use, reproduce, modify, create derivative works from, distribute, transmit, broadcast, and otherwise communicate, and publicly display and perform the User Generated Information and derivative works thereof in any form, anywhere, with or without attribution to you, and without any notice or compensation to you of any kind.

8. DEDICATED SERVER

Your Subscription(s) may contain access to the Nimbly Games Dedicated Server software. You may use the Nimbly Games Dedicated Server software on an unlimited number of computers for the purpose of hosting online multiplayer games of Nimbly Games products. If you wish to operate the Nimbly Games Dedicated Server software, you will be solely responsible for procuring any Internet access, bandwidth, or hardware for such activities and will bear all costs associated therewith.

9. DISCLAIMERS; LIMITATION OF LIABILITY; NO GUARANTEES

A. DISCLAIMERS.

THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF ALTITUDE, THE ALTITUDE SOFTWARE, AND MERCHANDISE REMAINS WITH YOU, THE USER. NIMBLY GAMES EXPRESSLY DISCLAIMS (I) ANY WARRANTY FOR ALTITUDE, THE ALTITUDE SOFTWARE, AND THE MERCHANDISE, AND (II) ANY COMMON LAW DUTIES WITH REGARD TO ALTITUDE, THE ALTITUDE SOFTWARE, AND THE MERCHANDISE, INCLUDING DUTIES OF LACK OF NEGLIGENCE AND LACK OF WORKMANLIKE EFFORT. ALTITUDE, THE ALTITUDE SOFTWARE, THE MERCHANDISE, AND ANY INFORMATION AVAILABLE IN CONNECTION THEREWITH ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, "WITH ALL FAULTS" AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. ANY WARRANTY AGAINST INFRINGEMENT THAT MAY BE PROVIDED IN SECTION 2-312(3) OF THE UNIFORM COMMERCIAL CODE AND/OR IN ANY OTHER COMPARABLE STATE STATUTE IS EXPRESSLY DISCLAIMED. ALSO, THERE IS NO WARRANTY OF TITLE, INTERFERENCE WITH YOUR ENJOYMENT, OR AUTHORITY IN CONNECTION WITH ALTITUDE, THE ALTITUDE SOFTWARE, MERCHANDISE OR INFORMATION AVAILABLE IN CONNECTION THEREWITH. THIS SECTION WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

B. LIMITATION OF LIABILITY.

NEITHER NIMBLY GAMES, ITS LICENSORS, NOR THEIR AFFILIATES SHALL BE LIABLE IN ANY WAY FOR LOSS OR DAMAGE OF ANY KIND RESULTING FROM THE USE OR INABILITY TO USE ALTITUDE, YOUR ACCOUNT, YOUR SUBSCRIPTIONS AND THE ALTITUDE SOFTWARE INCLUDING, BUT NOT LIMITED TO, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES. IN NO EVENT WILL NIMBLY GAMES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY DAMAGES, OR ANY OTHER DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ALTITUDE, ALTITUDE SOFTWARE, MERCHANDISE THAT YOU ACQUIRE VIA ALTITUDE, ANY INFORMATION AVAILABLE IN CONNECTION THEREWITH, OR THE DELAY OR INABILITY TO USE MERCHANDISE OR ANY INFORMATION, EVEN IN THE EVENT OF FAULT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, BREACH OF CONTRACT, OR BREACH OF NIMBLY GAMES'S WARRANTY AND EVEN IF NIMBLY GAMES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS AND EXCLUSIONS REGARDING DAMAGES APPLY EVEN IF ANY REMEDY FAILS.

IF YOU ARE A RESIDENT OF A EUROPEAN UNION COUNTRY, THE ABOVE PARAGRAPH MAY NOT APPLY TO YOU.

C. NO GUARANTEES.

NIMBLY GAMES DOES NOT GUARANTEE CONTINUOUS, ERROR-FREE, VIRUS-FREE OR SECURE OPERATION AND ACCESS TO ALTITUDE, THE ALTITUDE SOFTWARE, YOUR ACCOUNT AND/OR YOUR SUBSCRIPTIONS(S).

10. EXCLUSIVE REMEDIES

A. EXCLUSIVE REMEDY -- ALTITUDE AND ALTITUDE SOFTWARE.

YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH NIMBLY GAMES WITH REGARD TO ALTITUDE OR THE ALTITUDE SOFTWARE IS TO DISCONTINUE USE OF ALTITUDE AND CANCEL YOUR ACCOUNT. 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, NIMBLY GAMES, ITS LICENSORS, AND THEIR AFFILIATES LIABILITY SHALL BE LIMITED TO THE FULL EXTENT PERMITTED BY LAW.

B. EXCLUSIVE REMEDY--MERCHANDISE.

YOU ACKNOWLEDGE AND AGREE THAT WITH REGARD TO ANY MERCHANDISE YOU PURCHASE VIA ALTITUDE AS YOUR EXCLUSIVE REMEDY, IN ADDITION TO THE REMEDIES EXPRESSLY SET FORTH IN SECTION 3(C), NIMBLY GAMES MAY INCLUDE IN ITS OPTION THE RIGHT TO PAY TO YOU THE AMOUNT OF DIRECT DAMAGES ACTUALLY INCURRED BY YOU IN REASONABLE RELIANCE ON SUCH MERCHANDISE, AS LONG AS THAT AMOUNT DOES NOT EXCEED THE AMOUNT YOU PAID NIMBLY GAMES FOR THE MERCHANDISE GIVING RISE TO THOSE DAMAGES.

THIS SECTION WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

11. INDEMNIFICATION

You agree to defend, indemnify and hold harmless Nimbly Games, its licensors and their affiliates from all liabilities, claims and expenses, including attorneys' fees, that arise from or in connection with breach of this Agreement, use of Altitude or any Subscription, or any User Generated Information or Third Party Content, including, but not limited to, the creation, distribution, promotion and use of any Maps, by you or any person(s) using your Account. Nimbly Games reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In that event, you shall have no further obligation to provide indemnification to Nimbly Games in that matter. This Section regarding Indemnification shall survive termination of this Agreement.

12. AMENDMENTS TO THIS AGREEMENT

Nimbly Games may amend this Agreement at any time in its sole discretion. As a Subscriber, you agree that Nimbly Games may amend the terms of this Agreement. If Nimbly Games amends the Agreement, such amendment shall be effective thirty (30) days after your receiving notice of the amended Agreement, either via e-mail or as a notification within the Altitude Software. You can view the Agreement at any time at http://altitudegame.com/. Your failure to cancel your Account thirty (30) days after receiving notification of an amended Agreement will mean that you accept all such amendments. If you don't agree to the amendments or to any of the terms in this Agreement, your only remedy is to cancel your Account or a particular Subscription.

13. TERM AND TERMINATION

Either you or Nimbly Games has the right to terminate or cancel your Account or a particular Subscription at any time. You understand and agree that the cancellation of your Account or a particular Subscription is your sole right and remedy with respect to any dispute with Nimbly Games.

A. Term.

The term of this Agreement (the "Term") will be effective as of the date that you click "I Agree" below, and will continue in effect until otherwise terminated in accordance with this Agreement.

B. Termination by You.

Information on how to cancel your Account or a particular Subscription can be found at http://altitudegame.com/. Nimbly Games reserves the right to collect fees, surcharges or costs incurred prior to the cancellation of your Account or a particular Subscription. In addition, you are responsible for any charges incurred to third-party vendors or content providers before your cancellation. In the event that your Account or a particular subscription is terminated or canceled by you, no refund, including any Subscription fees, will be granted. In the event that your Account or a particular Subscription is terminated or cancelled by Nimbly Games for a violation of this Agreement or improper or illegal activity, no refund, including any Subscription fees, will be granted.

C. Termination by Nimbly Games.

1. In the case of a recurring payment Subscription (e.g., a monthly subscription), in the event that Nimbly Games terminates or cancels your Account or a particular Subscription for convenience, Nimbly Games may, but is not obligated to, provide a prorated refund of any prepaid Subscription fees paid to Nimbly Games.
2. In the case of a one-time purchase of a product license (e.g., purchase of a single game) from Nimbly Games, Nimbly Games may choose to terminate or cancel your Subscription in its entirety or may terminate or cancel only a portion of the Subscription (e.g., access to the software via Altitude) and Nimbly Games may, but is not obligated to, provide access (for a limited period of time) to the download of a stand-alone version of the software and content associated with such one-time purchase.
3. In the case of a free Subscription, Nimbly Games may choose to terminate or amend the terms of the Subscription as provided in the "Amendments to this Agreement" section above.

D. Survival of Terms.

Sections 2(D), 7, 9, 10, 11, 13(D), 14, and 15 will survive any expiration or termination of this Agreement.

14. APPLICABLE LAW/JURISDICTION

The terms of this section may not apply to European Union consumers

You agree that this Agreement shall be deemed to have been made and executed in the State of New Mexico, and any dispute arising hereunder shall be resolved in accordance with the law of New Mexico. You agree that any claim asserted in any legal proceeding by you against Nimbly Games shall be commenced and maintained exclusively in any state or federal court located in Dona Ana County, New Mexico, having subject matter jurisdiction with respect to the dispute between the parties and you hereby consent to the exclusive jurisdiction of such courts. In any dispute arising under this Agreement, the prevailing party will be entitled to attorneys' fees and expenses.

15. MISCELLANEOUS

In the event that any provision of this Agreement shall be held by a court or other tribunal of competent jurisdiction to be unenforceable, such provision will be enforced to the maximum extent permissible and the remaining portions of this Agreement shall remain in full force and effect. This Agreement constitutes and contains the entire agreement between the parties with respect to the subject matter hereof and supersedes any prior oral or written agreements. You agree that this Agreement is not intended to confer and does not confer any rights or remedies upon any person other than the parties to this Agreement.

Nimbly Games's obligations are subject to existing laws and legal process and Nimbly Games may comply with law enforcement or regulatory requests or requirements notwithstanding any contrary term.

You agree to comply with all applicable import/export laws and regulations of the United States and its governmental and regulatory agencies (including, without limitation, the Bureau of Export Administration and the U.S. Department of Commerce). You agree not to export the Altitude Software or allow use of your Account by individuals of any terrorist supporting countries to which encryption exports are at the time of exportation restricted by the Bureau of Export Administration. You represent and warrant that you are not located in, under the control of, or a national or resident of any such prohibited country.

I hereby agree to be bound by the Agreement. I also acknowledge and agree that this Agreement (including the Subscription Terms, Altitude Online Conduct rules and other Rules of Use, and Privacy Policy) is the complete and exclusive statement of the agreement between Nimbly Games and me, and that the Agreement supersedes any prior or contemporaneous agreement, or other communications, whether oral or written, between Nimbly Games and myself.