RACEROOM SUBSCRIBER AGREEMENT
This Raceroom Subscriber Agreement (hereafter referred to as "Agreement") provides the basis for all legal relationships between the Subscriber and Raceroom Entertainment AG.

1. REGISTRATION
Raceroom is an online service (hereafter referred to as “Raceroom Online”) offered by Raceroom Entertainment AG (hereafter referred to as "Raceroom Entertainment").
You become a subscriber of Raceroom Online (herafter referred to as "Subscriber") by installing the Raceroom client software and completing the Raceroom Online registration.
Additionally, as a Subscriber you may obtain access to certain services, software and content (herafter referred to as "Subscriptions") available to Subscribers. Conclusion of this contract
between Raceroom Online and you takes place as soon as you access the Raceroom Online service after accepting this Agreement.

IF YOU INSTALL AND USE THE CLIENT SOFTWARE YOU WILL RECEIVE ADVERTISING MESSAGES THAT APPEAR WITHIN AND IN CONTEXT WITH THE
SOFTWARE PRODUCT ENVIRONMENTS TO ENHANCE THE REALISM OF THE SOFTWARE PRODUCT. IF YOU DO NOT WISH TO RECEIVE CONTEXTUAL
ADVERTISING MESSAGES, DO NOT USE THE SOFTWARE PRODUCT WHILE CONNECTED TO THE INTERNET.

This Agreement does not allow you to exploit the Software or any of its parts for any commercial purpose.
Each Subscription allows you access to certain services and software under the terms of each such Subscription and this Agreement. Additional terms provided with each such Subscription
(hereafter referred to "Subscription Terms") may apply to the use of a given Subscription, and are incorporated into this Agreement on consent of the Subscriber. As a Subscriber, you agree to all of the terms and conditions of the Raceroom Privacy Policy, which are also incorporated into this Agreement. A copy of the Raceroom Privacy Policy can be found at
http://www.raceroom.net.com/privacy.htm.

When you complete Raceroom Online's registration process, you create a Raceroom Online account (hereafter referred to as "Account"). In order to participate in competitions and appear in leaderboards, you will need to complete your profile with the required fields. Your Account may also include billing information you provide to us for the purchase of Subscriptions. For the security of the billing details, we require the use of real names by our users. 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 Raceroom Online 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
2.1 License Terms.
Raceroom Online and your Subscription(s) require the automatic download and installation of software and other content and updates onto your computer (herafter referred to as
"Software"). You may not use the Software for any purpose other than the permitted access to Raceroom Online and your Subscriptions. You understand that for reasons that include,
without limitation, system security, stability, and multiplayer interoperability, Raceroom Online may need to automatically update, pre-load, create new versions or otherwise enhance
the Software and accordingly, the system requirements to use the 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 Software associated with a particular Subscription although Raceroom Entertainment may
choose to provide such updates, etc. in its sole discretion. Raceroom Entertainment hereby grants, and you accept, a limited, terminable, non-exclusive
license and right to use the Software for your personal use in accordance with this Agreement and the Subscription Terms. The Software is licensed, not sold. Your license confers no title
or ownership in the Software. Additionally, Raceroom Entertainment hereby grants, and you accept, a limited, terminable, non-exclusive license (hereafter referred to as the “Installer License”) to reproduce and distribute an unlimited number of exact copies of the Raceroom Online client installation software (hereafter referred to as "Raceroom Installer") via online download; provided that
the following conditions are met:
(a) you must redistribute the Raceroom Installer in its entirety;
(b) you must not modify the Raceroom Installer in any way nor integrate or combine it with
another software program;
(c) you must redistribute the Raceroom Installer on a non-commercial basis (i.e. you may not
charge any fee or receive any compensation for your redistribution);
(d) you must include any Raceroom Entertainment license agreement provided with the
Raceroom Installer; and
(e) you must preserve in all copies of the Raceroom Installer all copyright and legal notices
that are attached to the copy of the Raceroom Installer received by you.

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

2.3 Restrictions.
Except as otherwise permitted explicitly in this contract, 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 Software or any software accessed via Raceroom Online without the prior
consent, in writing, of Raceroom Entertainment.

You are entitled to use the Software for your own use, but you are not entitled to: (a) sell, grant a security interest in or transfer reproductions of the Software to other parties in any
way, nor to rent, lease or license the Software to others without the prior written consent of Raceroom Entertainment; (b) host or provide matchmaking services for the Software or
emulate or redirect the communication protocols used by Raceroom Entertainment in any network feature of the Software, through protocol emulation, tunneling, modifying or adding
components to the 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 Raceroom Entertainment;
or (c) exploit the Software or any of its parts for any commercial purpose.

3. BILLING, PAYMENT AND OTHER SUBSCRIPTIONS
Raceroom Entertainment offers some Subscriptions for free, and some for a Subscription fee.
All fees are stated in EURO unless otherwise specified.

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

3.2 Charges to Your Credit Card.
ALL RACEROOM FEES ARE PAYABLE IN ADVANCE AND ARE NOT REFUNDABLE IN WHOLE OR IN PART. If your use of Raceroom Online is subject to any
type of use or sales tax, then Raceroom Entertainment may also charge you for any such taxes, in addition to the Subscription or other fees published in the Rules of Use. The
European Union VAT ( “VAT ”) tax amounts collected by Raceroom Entertainment reflect VAT due on the value of any Software or Subscription as well as import VAT collected
which is to be paid to the tax authorities for the importation of Merchandise.
As the Account holder, you are responsible for all charges incurred, including applicable taxes, and all purchases made by you or anyone that uses your Account, including your family
or friends. Information on how to cancel your Account or a particular Subscription can be found at http://www.raceroom.net/. Raceroom Entertainment reserves the right to collect fees,
surcharges or costs incurred before you cancel your Account or a particular Subscription. In the event that your Account or a particular subscription is terminated or canceled, no refund,
including any Subscription fees, will be granted. Any delinquent or unpaid Accounts must be settled before Raceroom Entertainment will allow you to register again.

3.3 Free Subscriptions.
In some cases, Raceroom Entertainment 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 Raceroom Online, even when Raceroom Entertainment offers a free Subscription.

4. 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 Raceroom Online that results from use of your Account.
Your online conduct and interaction with other subscribers should be guided by common sense and basic etiquette.
Raceroom Online and the 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 Software, other Raceroom Online products, or modifications thereof (hereafter referred to as "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 Raceroom Entertainment or any online multiplayer host may refuse to allow you to participate in certain
online multiplayer games if you use Cheats in connection with Raceroom Online or the Software. Further, you acknowledge and agree that an online multiplayer host may report
your use of Cheats to Raceroom Entertainment, and Raceroom Entertainment may communicate your history of use of Cheats to other online multiplayer hosts for Raceroom
Online products. Raceroom Entertainment may terminate your Account or a particular Subscription for any conduct or activity that Raceroom Entertainment believes is illegal,
constitutes a Cheat, or which otherwise negatively affects the enjoyment of Raceroom Online by other Subscribers. You acknowledge that Raceroom Entertainment is not required to
provide you notice before terminating your Subscriptions(s) and/or Account, but it may choose to do so.

5. THIRD PARTY CONTENT
Raceroom Entertainment has constituted a moderator for the internet platform in order to avoid any illegal or unlawful third party content. Further, any third party conent, in particular
screenshots, movies or pictures will be autied by Raceroom Entertainment prior to the upload. However, Raceroom Entertainment is not able to avoid any illegal or unlawful third party
content, in particular comments or expressions made in internet chats or posted in internet forums without prior knowledge of Raceroom Entertainment. In regard to all content that is
not authored by Raceroom Entertainment, Raceroom Entertainment acts merely as an intermediary service provider. Raceroom Entertainment does not screen such third party
content available on Raceroom Online or through other sources. Raceroom Entertainment does not assume any responsibility or liability for such third party content. Notwithstanding
that Raceroom Entertainment takes great diligence in the creation of the content of its website, Raceroom Entertainment can not be liable for the accuracy, completeness and actuality of the
content. Raceroom Entertainment is as a content provider pursuant to § 7 I TMG responsible for own content on Raceroom Entertainment’s pages by general law, but pursuant to §§ 8 to
10 TMG not obliged, to monitor transmitted or recorded third party data or to conduct own research to discover unlawful behaviour. Raceroom Enterteinment´s duty by general law to
remove or block information remains. Such liability arises according to the rules of disturbance liability at the earliest from the time of positive knowledge of the specific
violation. Raceroom Entertainment will remove unlawful content from the time of knowledge immediately. Raceroom Entertainment explicitly reserves the right to alter, erase or add
content without prior notice or to unpublish content temporarily or finally

6. USER GENERATED INFORMATION
"User Generated Information" means any information made available to other users through your use of multi-user features of Raceroom Online or to Raceroom Entertainment through
your use of the Software. User Generated Information may include, but is not limited to, chat, forum posts, screen names, game selections, player performances, usage data, suggestions
about Raceroom Entertainment products or services, and error notifications. Subject to the Raceroom Entertainment privacy policy referenced in Section 1 above, as applicable, you
expressly grant Raceroom Entertainment 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.

7. DISCLAIMERS; LIMITATION OF LIABILITY
THE SOFTWARE IS PROVIDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW,
RACEROOM ENTERTEINMENT AND ITS LICENSORS DISCLAIMS ALL OTHER REPRESENTATIONS, WARRANTIES, CONDITIONS OR OTHER TERMS, EITHER
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY
QUALITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS AND FITNESS FOR A PARTICULAR PURPOSE, WITH REGARD TO THE SOFTWARE
PRODUCT AND EACH AND EVERY PART THEREOF. WITHOUT PREJUDICE TO THE GENERALITY OF THE FOREGOING, RACEROOM ENTERTAINMENT DOES
NOT WARRANT THAT THE SOFTWARE PRODUCT IS ERROR-FREE OR THAT IT WILL OPERATE WITHOUT INTERRUPTION, NOR THAT WE WILL REPAIR ANY
ERRORS IN THE SOFTWARE PRODUCT.
INDEPENDENT OF ANY LEGAL GROUND, RACEROOM ENTERTAINMENT´S LIABILITY IS LIMITED TO DAMAGE CAUSED BY INTENTIONAL OR GROSSLY
NEGLIGENT BEHAVIOUR. LICENSOR IS LIABLE FOR DAMAGE CAUSED BY SLIGHT NEGLIGENCE ONLY IF ESSENTIAL CONTRACTUAL OBLIGATIONS ARE
AFFECTED HEREBY AND THE EXERCISE OF THE LICENSE AGREEMENT DEPENDS ON THESE CONTRACTUAL OBLIGATIONS. FURTHER REQUIREMENT
IS THAT REGULARLY LICENSEE TRUSTS IN THE COMPLIANCE WITH THESE OBLIGATIONS. ANY LIABILITY FOR SLIGHT NEGLIGENCE IN THE CASE OF
VIOLATION OF NON-ESSENTIAL CONTRACTUAL OBLIGATIONS IS EXCLUDED. RACERROM ENTERTAINMENT’S LIABILITY IS RESTRICTED TO DAMAGE
TYPICAL FOR THIS KIND OF CONTRACT, AND WHICH HAS TO BE REASONABLY EXPECTED BY THE PARTIES UPON CONCLUSION OF THE CONTRACT BASED ON
THE CIRCUMSTANCES KNOWN TO THEM.
LIMITATION OF LIABILITY IN THE OBOVE MENTIONED PARAGRAPHS ARE UNAPPLICABLE FOR ALL CLAIMS, BASED ON DEATH, PERSONAL OR BODY
INJURY OR ON PRODUCT LIABILITY ACT. SOME JURISDICTIONS DO NOT PERMIT THE WARRANTY DISCLAIMERS OR LIMITATIONS ON LIABILITY SET FORTH IN THIS PARAGRAPH 7. NOTHING IN THIS PARAGRAPH 7 SHALL AFFECT YOUR STATUTORY RIGHTS WHICH MAY VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION.

8. INDEMNIFICATION; CUSTOMIZABLE CONTENT
Should you create customized content in the Software Product ,which is not authorized by Raceroom Entertainment, you guarantee that (a) you are the owner of all artwork, photos,
designs, trademarks or other content used by you in such user created content or customizations or that you have obtained all required approvals and other rights to use such
content from it’s legal owners, and (b) that no such content or customizations shall be illegal, discriminatory, offensive, libelous or otherwise inappropriate.
You agree to defend, indemnify and hold harmless Raceroom Entertainment, 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 Racerooom Online or any Subscription or any related content, or any User Generated Information, including, but not
limited to, the creation, distribution, promotion and use of any Mods, by you or any person(s) using your Account. Raceroom Entertainment 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
Raceroom Entertainment in that matter. This Section regarding Indemnification shall survive termination of this Agreement.
Raceroom Entertainment, accepts no liability what so ever towards you if any such user created or customizable content should cause any damage or nuisance for you, but will, if
Raceroom Entertainment deems this appropriate, remove any inappropriate content that Raceroom Entertainment is informed of as further set forth below.
The use of the user created content and customization features in this Software Product is intended solely for your personal use and may not, without Raceroom Entertainment prior
written consent, be used for marketing purposes or otherwise for any commercial purposes what so ever.
Raceroom Entertainment reserves the right to at any time remove any and all user created content or customizations that Raceroom Entertainment, in its sole and absolute discretion,
deems to be inappropriate in any way. Furthermore, if such content may be deemed illegal, Raceroom Entertainment may retain copies of the material as evidence and submit such
material together with your identity to the relevant police authorities for criminal investigations. Furthermore, if you are in breach of Sec. 9 in any way, Raceroom
Entertainment may temporarily or permanently suspend or remove your account.

9. AMENDMENTS TO THIS AGREEMENT
Raceroom Entertainment may amend this Agreement at any time in its sole discretion. As a Subscriber, you agree that Raceroom Entertainment may amend the terms of this Agreement.
If Raceroom Entertainment 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 Software. You can view the Agreement at any time at http://www.raceroom.net/. 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.

10. TERM AND TERMINATION
Either you or Raceroom Entertainment 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 Raceroom Entertainment.
10.1 Term.
The term of this Agreement (hereafter referred to as 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.
10.2 Termination by You.
Information on how to cancel your Account or a particular Subscription can be found at http://www.raceroom.net/. Raceroom Entertainment reserves the right to collect fees,
surcharges or costs incurred prior to the cancellation of your Account or a particular Subscription. 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 Raceroom
Entertainment for a violation of this Agreement or improper or illegal activity, no refund, including any Subscription fees, will be granted.
10.3 Termination by Raceroom Entertainment.
In the case of a recurring payment Subscription (e.g., a monthly subscription), in the event that Raceroom Entertainment terminates or cancels your Account or a particular Subscription
for convenience, Raceroom Entertainment may, but is not obligated to, provide a prorated refund of any prepaid Subscription fees paid to Raceroom Entertainment.
In the case of a one-time purchase of a product license (e.g., purchase of a single game) from Raceroom Entertainment, Raceroom Entertainment 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 Raceroom Online) and Raceroom Entertainment 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.
In the case of a free Subscription, Raceroom Entertainment may choose to terminate or amend the terms of the Subscription as provided in the "Amendments to this Agreement" section
above.
10.4. Survival of Terms.
Sections 2.2, 2.3, 6, 7, 8, 10, 11, and 12 will survive any expiration or termination of this Agreement.

11. APPLICABLE LAW/JURISDICTION
Subject to the paragraph below, this agreement and any claim or dispute of whatever nature arising out of or relating to this agreement shall be governed by, and construed in accordance
with, the laws of Germany, unless and to the extent that the laws relating to transactions with consumers in a particular jurisdiction require this agreement to be governed by and construed
in accordance with the laws of such jurisdiction in order to be binding and enforceable, in which event the local laws of such jurisdiction shall apply, to the extent so required. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to this agreement.

12. 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. Raceroom Entertainment ´s obligations are subject to existing laws and legal process and Raceroom Entertainment may comply with law enforcement or regulatory requests or requirements notwithstanding any contrary term.

RACEROOM © RaceRoom Entertainment AG. All rights reserved. RACEROOM is a registered trademark of RaceRoom Entertainment AG. I hereby agree to be bound by the Agreement. I also acknowledge and agree that this Agreement (including the Subscription Terms, other Rules of Use and Privacy Policy) is the complete and exclusive statement of the agreement between Raceroom Entertainment and me, and that the Agreement supersedes any prior or contemporaneous agreement, or other communications, whether oral or written, between Raceroom Entertainment and myself.