1. MAGIC: THE GATHERING ONLINE ("GAME")USER AGREEMENT AND SOFTWARE LICENSE ("LICENSE")UPDATED August 29, 2012PLEASE READ CAREFULLY AND IN ITS ENTIRETY. THIS LICENSE CONSTITUTES A LEGALAGREEMENT BETWEEN YOU AND WIZARDS OF THE COAST LLC ("WIZARDS") AND GOVERNS YOURUSE OF THE GAME, THE GAME SERVICE, YOUR ACCOUNTS AND THE SOFTWARE (EACH DEFINEDBELOW).USE OF THE GAME, THE GAME SERVICE, YOUR ACCOUNTS AND SOFTWARE ARE SUBJECT TOTHIS LICENSE, WIZARDS CODE OF CONDUCT (http://company.wizards.com/conduct),WIZARDS PRIVACY POLICY (http://company.wizards.com/privacy), WIZARDS TERMS OFUSE (http://company.wizards.com/tou) AND PAYMENT PAGE(http://wizards.custhelp.com/app/answers/detail/a_id/81), ALL INCORPORATED BYTHIS REFERENCE. WIZARDS MAY, AT ANY TIME AND FOR ANY REASON, UPDATE, CHANGE,ADD, REMOVE OR MODIFY (IN WHOLE OR IN PART) THIS LICENSE, THE CODE OF CONDUCT,THE PRIVACY POLICY, THE TERMS OF USE, THE PAYMENT PAGE, THE GAME, THE GAMESERVICE AND/OR YOUR ACCOUNTS. YOUR CONTINUED USE OF THE GAME AFTER ANY SUCHCHANGE CONSTITUTES YOUR ACCEPTANCE OF SAID CHANGE AND WIZARDS WILL HAVE NOLIABILITY TO YOU AS A RESULT.THE GAME, THE GAME SERVICE AND THE SOFTWARE MAY USE THIRD PARTY WEBSITES ANDTECHNOLOGIES TO RECORD OR STREAM GAMEPLAY OR CHAT DIALOGUE ("RECORDINGS").WIZARDS DOES NOT OBJECT TO THE CREATION AND DISTRIBUTION OF RECORDINGS SO LONGAS SUCH RECORDINGS (A) DO NOT INCLUDE THIRD PARTY TRADING CARD GAMES, OR OTHERPRODUCTS OR SERVICES THAT ARE COMPETITIVE WITH WIZARDS PRODUCTS, (B) COMPLY WITHTHE TERMS OF THIS LICENSE, (C) ARE NOT COMMERCIALLY SOLD OR DISTRIBUTED, AND (D)COMPLY WITH ALL NATIONAL, STATE AND LOCAL LAWS, RULES, AND REGULATIONS.BY CLICKING "I ACCEPT," YOU: (A) ACKNOWLEDGE THAT YOU HAVE READ THIS LICENSE INITS ENTIRETY; (B) AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS; AND (C) AREAUTHORIZED AND ABLE TO ACCEPT THIS LICENSE. UNAUTHORIZED USE IS STRICTLYPROHIBITED.IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, CLICK THE "I DECLINE" BUTTON,AT WHICH POINT YOU WILL BE UNABLE TO PLAY OR OTHERWISE USE THE GAME, GAMESERVICE AND ACCOUNT (DEFINED BELOW).FOR GOOD AND VALUABLE CONSIDERATION, THE SUFFICIENCY OF WHICH IS HEREBYACKNOWLEDGED, THE PARTIES AGREE AS FOLLOWS:1.Game Description. Magic: The Gathering Online is an online game service("Game Service") that allows you to play the Game when you: (a) download andinstall a copy of the Game client from the Wizards website or a designatedpartner site ("Download") which includes software and associated media, printedmaterials and/or electronic documentation; (b) log in to the Game client usingyour user name and password from your Magic: The Gathering Online account ("MTGOAccount") via the Game Service ("Account")(MTGO Account and Account collectivelyreferenced hereafter as your "Accounts"); and (c) utilize any software programsprovided to you as an Account holder through the Game Service (together with theDownload, hereinafter, "Software").In the Game, you will receive access to a library of licensed digital objectsthat depict physical Magic: The Gathering trading cards ("Digital Objects"). Byplaying the Game, you receive a limited license for the right to use suchDigital Objects solely for the purpose of playing the Game.2.Eligibility.2.1 General. The Game and Game Service are available only to individualseighteen (18) years of age and older. If you are between the ages of thirteen(13) and eighteen (18), your parent or guardian must complete the registrationprocess, in which case the parent or guardian will take full responsibility for

2. all obligations under this License. By clicking the "I Accept" button andproviding Wizards with a credit card number when you register, you representthat you are at least eighteen (18) years of age and are either accepting thisLicense on behalf of yourself or on behalf of your child. Your Accounts arepersonal to you and may not be transferred, sold or used by anyone else unlessyou are a parent or guardian, in which case you may permit one child to use theAccount instead of yourself. Regardless, you are liable for all activitiesconducted through your Accounts.2.2 Tournaments and Events.(a) Eligibility (United States). You must be physically located in a U.S.state in which participation in the tournaments offered through the Game Serviceis unrestricted by law. Rules governing sweepstakes, contests and tournamentswith entry fees and/or prizes are established by individual states. Based onthose laws, residents of the following states may not participate in fee-basedtournaments with prizes through the Game Service: Arizona, Arkansas,Connecticut, Delaware, Florida, Iowa, Louisiana, Maryland, Nevada, Tennessee,Texas, Vermont and Washington.(b) Eligibility (Non-U.S.). You are subject to all laws of the state, provinceand/or country in which you reside and from which you access the Game Serviceand you are solely responsible for obeying those laws. You agree that Wizardscannot be held liable if laws applicable to you restrict or prohibit yourparticipation. Wizards makes no representations or warranties, implicit orexplicit, as to your legal right to participate in any tournament offered on orthrough the Game Service, nor will any person affiliated with or claimingaffiliation with Wizards have authority to make any such representations orwarranties.3.Security and Passwords. You are solely responsible and liable for allactivity occurring under your Accounts. Remember, Wizards will never ask you foryour password; as such you should never disclose your password to anyone.Although Wizards may offer a feature that allows you to "save" or "remember"your password on your hard drive, this feature makes it possible for thirdparties to access your computer and thus your Accounts. Should you choose toutilize the password memory feature, it is at your own risk. Any attempt todeceive another user for the purposes of illicitly obtaining cards, passwords,account information etc. (aka "scamming") is prohibited and may result in theimmediate deactivation of your Accounts.4.Beta Releases. In the event the Game, the Game Service, your Accounts, theDownload, the Software and/or the Forums (or any portions and/or featuresthereof) are released as "beta" releases, as designated by Wizards (each a"Beta"), this Section 4 applies. You acknowledge and agree that a Beta maycontain more or less features than the final release of the same or similarproduct that Wizards intends to release. While Wizards intends to distribute afinal release of a Beta, it reserves the right at any time not to release afinal release of a Beta or, if released, to alter features, specifications,capabilities, functions, licensing terms, release dates, general availability orother characteristics. You agree that Beta release versions may not be suitablefor production use and may contain errors affecting proper operation andfunctionality.5.Game and Forum Conduct and Use. You agree to be personally responsible foryour use of this Game and to conduct yourself in a lawful and respectful mannerin accordance with the Code of Conduct (http://company.wizards.com/conduct).Certain areas of the Game Service provide access to online forums or chat rooms("Forums"). You acknowledge that the Game Service is a passive conduit for usercontent and that Wizards does not pre-screen such user content or communicationsover the Game Service. Wizards does not endorse, and specifically disclaims anyresponsibility or liability for any content in the Forums. In addition, Wizards,in its sole discretion, reserves the right to: (a) terminate your access to anyForum at any time, without notice, for any reason whatsoever; and (b) delete,move or edit content, in whole or in part, submitted to the Forums if it deems 3. the content to be: (i) abusive, defamatory, threatening, obscene; (ii) violatingthe intellectual property, privacy or other proprietary rights of any thirdparty; (iii) in violation of this License; (iv) or for any other reason. Youagree to use the Forums only to post, send and receive messages and materialthat are proper and related to the subject matter of the Forums, comply withapplicable laws, and conform to any additional terms and conditions posted inthe Forums.6.Licenses. Subject to your compliance with the terms of this License,Wizards hereby grants you a non-exclusive, non-transferable, non-assignablelimited license to use the Game, Software, Game Service, Digital Objects andGame related products or services for your personal use via your Accounts forthe sole purpose of playing the Game. This License includes the right to tradethe online Digital Objects you receive as part of the Game. Notwithstandinganything to the contrary contained in this License, you acknowledge and agreethat you currently do not and will not acquire ownership in your Accounts and/orDigital Objects, and you further acknowledge and agree that all rights in and tothe same shall forever be owned by and inure to the benefit of Wizards (itssuccessors and assigns).You grant to Wizards a perpetual, unrestricted and irrevocable right (at no fee)to use, copy, modify, publish, perform, transmit, and display any content yousubmit via any media to Wizards and waive any moral rights you may have in suchcontent.7.Partial License Termination/Exchange. The Game Service provides amechanism whereby players can voluntarily terminate a portion of their limitedlicense to use certain Digital Objects for a corresponding set of physicalMagic: The Gathering cards ("Physical Redemption"). Physical Redemption is onlyavailable for certain cards of expansion sets as determined by Wizards in itsdiscretion. To participate in the Physical Redemption program, you must: (a)obtain the right to use all of the Digital Objects in a redeemable set, wheresuch Digital Objects are in your Accounts; (b) request Physical Redemption forsuch redeemable set during its eligibility period as listed here:http://wizards.custhelp.com/app/answers/detail/a_id/984/kw/redemption; and (c)pay all shipping and handling costs. The Digital Objects will then be removedfrom your Accounts. Wizards reserves the right to cancel or modify the PhysicalRedemption program at any time including by limiting the number of sets that canbe exchanged, limiting the number of Digital Objects released for use, orcharging additional fees for this service. A partial license termination ofDigital Objects may only be redeemed for physical Magic: The Gathering Cards ina full set. A "full set" means one of each card from the expansion or base setto which it relates.8.Fees for Products and Service. Fees for Game products and billingprocedures are detailed on the Payment Page. All fees are stated in U.S.Dollars. All fees must be prepaid and are non-refundable, unless otherwiseexpressly stated for the product. Upon your acceptance of this License, youauthorize us to charge your credit card or PayPal account for any applicablefees plus taxes. If your credit card cannot be processed at any time, yourAccounts, and this License, may be immediately terminated. Prices and fees applyto the purchase or redemption of Game products including, without limitation,Digital Objects, booster packs, theme decks, tournament packs, and tournamenttickets. Wizards may change its Game products or fees and/or billing proceduresupon notice of the changes that will be posted on the Payment Page. The Game mayalso offer special tournament events with special features of offerings such asusing specific Digital Objects for a period of time (a "Special Event").Specific details and terms regarding a Special Event are detailed in applicablepoint of sale information and are incorporated by this reference.You are solely responsible for reviewing the Payment Page to obtain timelynotice of such changes as well as any point of sale information for a SpecialEvent; no refunds will be given unless based upon a technical issue inherent inthe Game Service or fraud (after a complete review) and only in Wizards sole 4. discretion. If any such change is unacceptable to you, you may terminate yourAccounts as provided in Section 14. Your continued use of the Game and GameService after posting of the changes on the Payment Page will indicateacceptance of such changes. You are fully liable for all charges under yourAccount, including any unauthorized charges. When you pay for any charges bycredit card, you represent to Wizards that you are the authorized user of suchcredit card. You agree to promptly notify Wizards of any changes to your creditcard account number, its expiration date and/or your billing address, and youagree to promptly notify Wizards if your credit card expires or is canceled forany reason.9.Restrictions. The Game, Game Service, Software and any Game relatedproducts or services are made available solely for use by Accounts holdersaccording to the terms of this License. Any use, reproduction or redistributionof the Game, Game Service, Software or Game related products or services(including without limitation, Digital Objects) not expressly authorized by thisLicense is expressly prohibited and may result in severe civil and criminalpenalties. You are strictly prohibited from engaging in, or assisting others toengage in, conduct that would damage or impair the property of Wizardsincluding, without limitation, the following: (a) copying, distributing,transmitting, displaying, performing, framing, linking, hosting, caching,reproducing, publishing, licensing, or creating derivative works from anyinformation, software, products or services obtained from the Game, Game Serviceor Software; (b) modifying, reverse engineering, disassembling or decompilingthe Game, Game Service or Software except to the extent that this restriction isexpressly prohibited by applicable law; (c) using intellectual propertycontained in the Game, Game Service or the Software to create derivates or toprovide any other means through which others may play the Game such as throughserver emulators; (d) taking actions that impose an unreasonable ordisproportionately large load on Wizards network infrastructure or that coulddamage, disable, overburden, or impair any of Wizards websites or otherservices; (e) interfering with any other partys use and enjoyment of the Game,Game Service and/or Software (including cheating) and any Wizards websites orservices; and (f) attempting to gain unauthorized access to third partyAccounts, the Game, the Game Service or Software via any means.Wizards does not recognize any purported transfers or sales of Digital Objects,event tickets or other virtual assets outside of the Software. Accordingly, youare strictly prohibited from selling, gifting (except as permitted herein) orexchanging Digital Objects, event tickets or other virtual Game items forcurrency or other value outside of the Game.Moreover, Wizards does not recognize or sanction player created events in theGame Service and is not liable for any issues that may occur during such anevent including, without limitation, entry requirements, match disputes andarbitration, or prize fulfillment.IN ADDITION TO ANY OTHER RIGHTS AND REMEDIES AVAILABLE TO WIZARDS, IF WIZARDSBELIEVES YOU HAVE, OR WILL ENGAGE IN ANY OF THE ABOVE CONDUCT IN THIS SECTION 9,IT MAY, IN ITS SOLE DISCRETION AND WITHOUT NOTICE, TERMINATE YOUR ACCESS TO THEGAME AND GAME SERVICES, AND SUSPEND OR DEACTIVATE YOUR ACCOUNTS WITH NOLIABILITY TO IT RELATING THERETO.10. Intellectual Property Rights. Wizards owns all right, title and interestin and to the Game, Game Service, Software, and Game related products orservices (including, without limitation, all Digital Objects), and all aspectsthereof (including, but not limited to, any titles, computer code, themes,objects, characters, character names, stories, dialog, catch phrases, locations,concepts, artwork, character inventories, structural or landscape designs,animations, sounds, audio-visual effects, methods of operation, moral rights,any related documentation, storylines, character likeness and "applets"), aswell as all related and underlying intellectual property including alltrademarks and copyrights. 5. Your Accounts and your use of the Game and Game Service do not grant you anyownership interest in and to the same. The Game, Game Service, Software, DigitalObjects and Game related products or services (including all underlyingintellectual property), are protected by the laws of the United States andinternational treaties, conventions and other laws. All rights are reserved.Neither this License nor your Account entitles you to any subsequent releases ofthe Software, or to any Game products, including without limitation, onlinetrading cards, booster packs, theme decks, tournament packs, and tournamenttickets. From time to time, Wizards may release such Game products, which may beobtained for a separate fee. Wizards may update or otherwise enhance theSoftware at any time and in doing so incurs no obligation to furnish suchupdates to you pursuant to this License.11. Privacy. You accept and agree to the Privacy Policy as found here:http://company.wizards.com/privacy. By using the Game Service, you understandthat your private communications and other personally identifiable informationmay be disclosed to third parties. For example, Wizards may disclose informationabout you to private entities, law enforcement and other government officials aswe, in our sole discretion, believe necessary or appropriate to investigate orresolve possible problems or inquires. Third parties may unlawfully interceptour access transmissions or private communications. Furthermore, if you requestany technical support, you consent to our remote accessing and review of thecomputer you load the Software onto for purposes of support and debugging. Youagree that we may communicate with you via email and any similar technology forany purpose relating to the Game Service and any other services or softwarewhich may in the future be provided by us or on our behalf. You understand thatWizards or its representatives may monitor all communications made by orreceived by you while using the Game Service.Wizards reserves the right at all times to disclose any information as Wizardsdeems necessary to satisfy any applicable law, regulation, legal process orgovernmental request, or to edit, refuse to post or to remove any information ormaterials, in whole or in part, in Wizards sole discretion.Forums and email submissions over the Internet may not be secure. Pleaseconsider this fact prior to emailing any personal or confidential information.12. Automatic Game Communication Features. Playing the Game requires anInternet connection to Wizards servers via the Game Service. As part of playingthe Game and using the Game Service, you hereby explicitly consent to theextraction of hardware system profile data, internet connection data and anyother data related to the operation of the Game, Game Service and Softwarethrough the Game Service from any computer that logs on to the Game Serviceusing your Account.Wizards may automatically deploy or provide patches, updates and modificationsto the Game that must be installed to continue to play the Game. Wizards mayupdate the Game remotely including, without limitation, the Game client residingon your machine, without your knowledge. You hereby expressly grant to Wizardsyour consent to deploy and apply such patches, updates and modifications to theGame.13. Feedback. Wizards does not accept unsolicited suggestions, comments orfeedback regarding its products and other offerings ("Feedback"). In the eventyou provide Feedback, such Feedback with be treated by Wizards in accordancewith its Unsolicited Idea Submission and Feedback polices further described inSections 15 and 16 of Wizards Terms of Use (http://company.wizards.com/tou).14. Term and Termination. This License is effective unless and untilterminated by either you or Wizards. You may terminate this License at any timeby providing Wizards with written notification. Wizards may, at any time and inits sole discretion, terminate this License, deactivate your Accounts, and/ordiscontinue the Game Service without notice. In addition, Wizards, at its solediscretion, may immediately terminate this License and deny you access to the 6. Game, the Game Service, and your Accounts at any time without notice if: (a) youbreach any provision of this License; (b) you infringe any third partyintellectual property rights; (c) Wizards is unable to verify or authenticateany information you provide to Wizards; (d) upon gameplay, chat or any playeractivity whatsoever which is, in our sole discretion, inappropriate and/or inviolation of the spirit of the Game or Game Service as set forth in the Code ofConduct (http://company.wizards.com/conduct); (e) failing to promptly payamounts due Wizards pursuant to Section 8 of this License; or (f) you violateWizards Privacy Policy (http://company.wizards.com/privacy). Upon terminationof the License, for any reason or no reason whatsoever, by either you orWizards: (w) you will immediately discontinue use of the Game, the Game Service,and your Account (and/or MTGO Account if applicable); (x) all license and rightsgranted to you under this License will immediately terminate; (y) you willpromptly delete all copies of the Software; and (z) will immediately forfeit theright to use all your Digital Objects. Any fees associated with your use of theGame and the Game Service are payable in advance and not refundable in whole orin part. Your obligation to pay accrued charges and fees will survive anytermination of the License.If your Accounts are terminated it their entity due to Wizards decision toterminate the Game, you may participate in the Physical Redemption programprovided you request redemption in accordance with Section 7 within twenty (20)days from the termination of the Game. If your Accounts are terminated orsuspended due to your breach of the terms of this License, you forfeit youreligibility to participate in the Physical Redemption and you agree that Wizardswill have no liability to you as a result. Additionally, sections 8, 10, 13, 14,15, 16, 17, 18, 19, 20, 21, 22 and 23 will survive termination for any reason.15. Disclaimer of Warranties. THE GAME, GAME SERVICE, YOUR ACCOUNTS, THEDOWNLOAD, THE SOFTWARE, AND THE FORUMS ARE PROVIDED "AS IS." TO THE MAXIMUMEXTENT PERMITTED BY APPLICABLE LAW, WIZARDS HEREBY DISCLAIMS ALL WARRANTIES,REPRESENTATIONS, GUARANTEES AND CONDITIONS WITH REGARDS TO THE SAME AND ANY ANDALL OTHER SERVICES RELATED THERETO INCLUDING, WITHOUT LIMITATION, ALLWARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED ORSTATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, USE, ACCURACY AND ANYWARRANTY AGAINST INFRINGEMENT THAT MAY BE PROVIDED IN SECTION 2-312(3) OF THEUNIFORM COMMERCIAL CODE AND/OR IN ANY OTHER COMPARABLE STATE STATUTE. FURTHER,WIZARDS MAKES NO REPRESENTATION, WARRANTY OR GUARANTEE THAT THE GAME, GAMESERVICE, YOUR ACCOUNTS, THE DOWNLOAD, THE SOFTWARE, AND/OR THE FORUMS WILL BESECURE, VIRUS-FREE, UNINTERRUPTED OR ERROR-FREE, OR THAT THE SAME WILL FUNCTIONPROPERLY IN COMBINATION WITH ANY THIRD PARTY COMPONENT, TECHNOLOGY, HARDWARE,SOFTWARE OR SYSTEM.FOR YOUR CONVENIENCE, WIZARDS MAY MAKE AVAILABLE AS PART OF THE GAME, GAMESERVICE, YOUR ACCOUNTS, THE DOWNLOAD, THE SOFTWARE, AND/OR THE FORUMS, CERTAINTOOLS AND UTILITIES. WIZARDS DOES NOT MAKE ANY WARRANTIES, ASSURANCES ORREPRESENTATIONS WITH REGARD TO THE ACCURACY OF THE RESULTS OR OUTPUT THATDERIVES FROM USE OF ANY SUCH TOOLS AND UTILITIES. YOU AGREE TO RESPECT THEINTELLECTUAL PROPERTY RIGHTS OF OTHERS WHEN USING ANY SUCH TOOLS AND UTILITIES.SOME STATES TO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES; AS SUCH THEFOREGOING DISCLAIMER MAY NOT APPLY TO YOU IN ITS ENTIRETY.16. Limitation of Liability; Indemnification. IN NO EVENT WILL WIZARDS, ITSPARENT AND/OR AFFILIATES, BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANYCONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR OTHER DAMAGESWHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA ORPROFITS), WHETHER IN AN ACTION FOR CONTRACT, NEGLIGENCE, OR OTHER TORTIOUSACTION, ARISING OUT OF THIS LICENSE, THE USE OF OR INABILITY TO USE THE GAME,GAME SERVICE, YOUR ACCOUNTS, THE SOFTWARE, OR THIRD PARTY CLAIMS ARISING FROM ORRELATED THERETO, EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCHDAMAGES.WIZARDS WILL NOT BE LIABLE FOR ANY FAILURE TO PERFORM ANY RESPECTIVE OBLIGATIONS 7. UNDER THIS LICENSE DUE TO ISP INTERRUPTIONS, SOFTWARE OR HARDWARE FAILURES,DELAYS AND/OR OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET, OR FOR ANYOTHER DAMAGES BEYOND WIZARDS REASONABLE CONTROL.YOUR EXCLUSIVE REMEDY AND WIZARDS (INCLUDING ITS PARENT AND/OR AFFILIATES)TOTAL AGGREGATE LIABILITY RELATING TO OR ARISING OUT OF THE LICENSE FOR ANYREASON WILL BE LIMITED TO THE ACTUAL DIRECT DAMAGES INCURRED BY YOU UP TOFIFTEEN U.S. DOLLARS ($15.00). THIS LIMITATION APPLIES TO ALL CAUSES OF ACTIONOR CLAIMS IN THE AGGREGATE FOR ANY REASON. SOME STATES DO NOT ALLOW THEFOREGOING LIMITATIONS OF LIABILITY; AS SUCH THEY MAY NOT APPLY TO YOU IN THEIRENTIRETY. YOU AGREE TO DEFEND, INDEMNIFY AND HOLD WIZARDS, ITS PARENT COMPANY,SUBSIDIARIES, AFFILIATES, CURRENT AND PAST OFFICERS AND EMPLOYEES HARMLESS FROMANY CLAIM, ACTION, SUIT, DEMAND, OR DAMAGES, INCLUDING WITHOUT LIMITATIONREASONABLE ATTORNEYS FEES, ASSERTED BY ANY THIRD PARTY ARISING IN CONNECTIONWITH THE USE OF YOUR ACCOUNTS, THE GAME, GAME SERVICE, SOFTWARE OR THE FORUMS.17. Equitable Remedies. You hereby agree that Wizards would be irreparablydamaged if the terms of this License were not specifically enforced. Therefore,you agree that Wizards will, in addition to any other remedy it may have underthis License, at law or in equity, be entitled without bond, other security, orproof of damages, to appropriate equitable remedies with respect to breaches ofthis License.18. Modification. This License may be amended, altered or modified only by aninstrument in writing, executed by both parties; provided, however, that Wizardsmay, at its sole discretion, change, modify, add to, supplement or delete any ofthe terms and conditions of this License at any time effective upon priornotice. If any future changes to this License are unacceptable to you or causeyou to no longer be in compliance with this License, you must terminate thisLicense pursuant to Section 14. The continued use of the Game by you followingnotice of changes to this License will mean you accept any and all such changes.Wizards may change, modify, suspend, or discontinue any aspect of the Game atany time. Wizards may also impose limits on certain features or restrict youraccess to parts or all of the Game without notice or liability. You have nointerest, monetary or otherwise, in any feature, content or availability of theGame.19. No Assignment. This License is personal to you, and may not be assigned.Wizards may transfer or assign this License, the Game, Game Service and/orSoftware, and its conditions and obligations, in whole or in part, to thirdparties of its choosing.20. U.S. Government Restricted Rights and Export Restrictions. The Download,the Software, the Game Service, and the Game are provided with RESTRICTEDRIGHTS. Use, duplication or disclosure is subject to restrictions set forth insubparagraphs (a) through (d) of the Commercial Computer Software--RestrictedRights at FAR 52.227-19 when applicable, or in subparagraph (c)(1)(ii) of theRights in Technical Data and Computer Software clause at DFARS 252.227-7013, andin similar clauses in the NASA FAR supplement, as applicable. Manufacturer isWizards of the Coast LLC, PO Box 707, Renton, Washington 98057. You areresponsible for complying with all trade regulations and laws both foreign anddomestic. You acknowledge that none of the Download, the Software, the GameService, and the Game or underlying information or technology may be downloadedor otherwise exported or re-exported (a) into (or to a national or resident of)Cuba, Iraq, Libya, Sudan, North Korea, Iran, Syria or any other country subjectto a U.S. embargo; or (b) to anyone on the U.S. Treasury Departments list ofSpecially Designated Nationals or the U.S. Commerce Departments Denied PartiesList or Entity List. By using the Download, the Software, the Game Service, orthe Game you are agreeing to the foregoing and are representing and warrantingthat: (x) no U.S. federal agency has suspended, revoked, or denied you exportprivileges; (y) you are not located in or under the control of a national orresident of any such country or on any such list; and (z) you will not export orre-export the Download, the Software, the Game Service, and the Game to anyprohibited county, or to any prohibited person, entity, or end-user as specified 8. by U.S. export controls.21. Language. The parties hereby declare, and by these presents confirm, theirexpress desire that this contract be written in English. Les parties dclarentquelles ont demand et par les prsentes confirment leur desir exprs que cetteconvention soit rdigee en anglais.22. Arbitration. You agree that the exclusive forum for all disputes andclaims relating in any way to, or arising out of, this License, the Game, theGame Service and Software (including the arbitrability of any claim or disputeand the enforceability of this paragraph) will be final and binding arbitration.The arbitration will be conducted under the Commercial Arbitration Rules of theAmerican Arbitration Association ("AAA") before a panel of three arbitrators andconducted in the State of Washington. The parties also agree that the AAAOptional Rules for Emergency Measures of Protection will apply to theproceedings. The parties may only litigate in court only to compel arbitrationunder this License or to confirm, modify, vacate or enter judgment on the awardrendered by the arbitrators. Notwithstanding the foregoing, to the extent thatyou have breached or indicated your intention to breach this License in anymanner which violates or may violate Wizards intellectual property rights, ormay cause continuing or irreparable harm to Wizards (including, but not limitedto, any breach that may impact Wizards intellectual property rights, or abreach due to reverse engineering), Wizards may seek injunctive relief, or anyother appropriate relief, in any court of competent jurisdiction. You mustcommence an arbitration by filing a demand for arbitration with the AAA withinONE (1) YEAR after the date giving rise to the claim; and there will be no rightto any remedy for any claim not asserted within that time period (If applicablelaw prohibits a one-year limitations period for asserting claims, the claim mustbe asserted within the shortest time period in excess of one year that ispermitted by applicable law). To the fullest extent permitted by applicable law:no arbitration under this License will be joined to an arbitration involving anyother current or former customer, end user or licensee of Wizards, whetherthrough class arbitration proceedings or otherwise; no finding or stipulation offact in any other arbitration, judicial or similar proceeding may be givenpreclusive or collateral estoppel effect in any arbitration hereunder (unlessdetermined in another proceeding between the parties); and no conclusion of lawin any other arbitration may be given any weight in any arbitration hereunder(unless determined in another proceeding between the parties). This License willbe governed by the laws of the State of Washington and the Federal ArbitrationAct, without regard to conflicts of law provisions, and you hereby consent tothe exclusive jurisdiction of the state and federal courts sitting in the Stateof Washington.23. General. This License, together with its incorporated references,constitutes the complete and final agreement between you and Wizards withrespect to its subject matter. Use of the Game or Game Service is unauthorizedin any jurisdiction that does not give effect to all provisions of these termsand conditions of this License. If any part of this License is determined to beinvalid or unenforceable pursuant to applicable law including, but not limitedto, the warranty, disclaimers and liability limitations set forth above, thenthe invalid or unenforceable provision will be deemed superseded by a valid,enforceable provision that most closely matches the intent of the originalprovision and the remainder of the License will continue in effect. A printedversion of this License and of any notice given in electronic form will beadmissible in judicial or administrative proceedings based upon or relating tothis License to the same extent and subject to the same conditions as otherbusiness documents and records originally generated and maintained in printedform. Any and all terms and conditions of this License which should by theirnature survive termination of this License will survive the termination of thisLicense.COPYRIGHT AND TRADEMARK NOTICES:All contents of any Wizards website, the Software, the Game Service, Game 9. products, and the Game are Wizards of the Coast LLC. Wizards of the Coast,Magic: The Gathering, Magic: The Gathering Online, Magic Online, Magic, theWizards of the Coast logo, the Magic: The Gathering logo, the mana and tapsymbols, the expansion names and symbols, the play level symbols, charactersdistinctive likenesses, the Games trade dress or "look and feel" and thepentagon of colors are trademarks owned by Wizards in the U.S.A. and othercountries. The names of actual companies and products mentioned herein may bethe trademarks of their respective owners. Any rights not expressly grantedherein are reserved to Wizards.You hereby acknowledge that you have read and understand the foregoing Licenseand agree that the action of installing, downloading and/or using the Game,Software, or Game Service is an acknowledgment of your agreement to be bound bythe terms and conditions of this License.