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TERMS AND CONDITIONS OF USE OF WEBSITES OWNED AND OPERATED BY Naughty Dog Software

(Effective Date August 1, 2006 )

You should carefully read the following Terms of Service Agreement ("Agreement") before using any Naughty Dog Software websites ("Sites") and our services ("Services").

1. BINDING EFFECT. This is a legally binding agreement. By using the Sites or any Services provided in connection with the Sites, you agree to abide by these Terms of Use, as they may be amended by Naughty Dog Software, Inc. ("Company") from time to time in its sole discretion and without specific notice to you. Company will post a notice on the Sites any time these Terms of Use have been changed or otherwise updated. It is your responsibility to review these Terms of Use periodically, and if at any time you find these Terms of Use unacceptable, you must immediately leave the Sites and cease all use of the Services and the Sites. YOU AGREE THAT BY USING THE SERVICE YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OLD AND THAT YOU ARE LEGALLY ABLE TO ENTER INTO THIS AGREEMENT. This Agreement constitutes the entire and only agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Sites, the content, products or services provided by or through the Sites, and the subject matter of this Agreement.

2. OTHER COMPANY SITES & SERVICES. In addition, when using particular Company owned or operated Sites or Services, you and Company shall be subject to any posted guidelines or rules applicable to such Sites or Services, which may be posted from time to time on each respective Site. All such guidelines or rules are hereby incorporated by reference into this Agreement.

3. PRIVACY POLICY. Company respects your privacy and permits you to control the treatment of your personal information. A complete statement of Company's current privacy policy can be found at http://www.runescape-millions.com/privacy.html. Company's privacy policy is expressly incorporated into this Agreement by this reference.

4. USER INFORMATION. If you are required to open an account to use or access any one of the company Sites or Service, you may be asked to complete the registration process by providing the complete and accurate information requested on the registration form. You may also be asked to provide a user name and password. You are entirely responsible for maintaining the confidentiality of your password. You may not use the account, username, or password of someone else at any time. You agree to notify Company immediately on any unauthorized use of your account, user name, or password. Company shall not be liable for any loss that you incur as a result of someone else using your password, either with or without your knowledge. You may be held liable for any losses incurred by Company, its affiliates, officers, directors, employees, consultants, agents, and representatives due to someone else's use of your account or password.

5. CONSENT TO RECEIVE EMAIL. If you sign up for any Company newsletter, or if you register to receive any Company product or service, you hereby consent to receive periodic email communications from Company or Company's preferred third-party partners regarding customer service issues, new product offers and other matters. It is the intent of the Company to share your personal information with select third-party partners who provide targeted product and service offerings that may be of benefit to you. Please know that you can opt-out of any correspondence with our company or any of our trusted third-party partners at any time in the future.

6. USE OF SOFTWARE. Company may make certain software available to you from the Sites. If you download software from the Sites, the software, including all files and images contained in or generated by the software, and accompanying data (collectively, "Software") are deemed to be licensed to you by Company, for your personal, noncommercial, home use only. Company does not transfer either the title or the intellectual property rights to the Software, and Company retains full and complete title to the Software as well as all intellectual property rights therein. You may not sell, redistribute, or reproduce the Software, nor may you decompile, reverse-engineer, disassemble, or otherwise convert the Software to a human-perceivable form. All trademarks and logos are owned by Company or its licensors and you may not copy or use them in any manner.

7. USE OF EBOOKS AND OTHER DIGITAL MEDIA. eBooks and other digital media that you purchase from the Sites are protected by US and international copyright laws. Specifically, the copyrights to such media are owned exclusively by Company. All rights are reserved. You may not distribute such eBooks or other media to anyone else under any circumstances. You may not distribute such eBooks or other media to anyone else under any circumstances. You may not distribute such eBooks or other media to anyone else even if you do not charge anything for it. You may not make any derivative works from such eBooks or other media. Unauthorized distribution of such eBooks and other media is strictly prohibited. Unauthorized distribution of such eBooks or other media (to include simply emailing copies to friends) will subject you to serious potential criminal and civil penalties under federal law. These penalties may include unlimited actual damages, statutory damages of up to $150,000, punitive damages, court costs and attorneys fees.

8. USE OF WEB PROGRAMMING FILES AND GRAPHICS. The HTML code, other web programming, web graphics and designs ("Webserver Files") contained on Naughty Dog Software Sites are protected by US and international copyright laws. Specifically, the copyrights to such Webserver Files are owned exclusively by Company. All rights are reserved. You may not distribute such Webserver Files to anyone else under any circumstances. You may not distribute such Webserver Files to anyone else under any circumstances. You may not distribute such Webserver Files to anyone else even if you do not charge anything for it. You may not make any derivative works from such Webserver Files. Unauthorized distribution of such Webserver Files is strictly prohibited. Unauthorized distribution of such Webserver Files will subject you to serious potential criminal and civil penalties under federal law. These penalties may include unlimited actual damages, statutory damages of up to $150,000, punitive damages, court costs and attorneys fees.

9. REFUND & RETURN POLICY. No refunds except as stated on individual product sites. After any advertised guarantee period, all purchases are final. Upon obtaining a refund to a purchase, you warrant that you will destroy or delete any digital copies of the products purchases and that you will make no use of such products in any way after the refund.

10. USER CONTENT. You grant Company a license to use the materials you post to the Sites or Service. By posting, downloading, displaying, performing, transmitting, or otherwise distributing information or other content ("User Content") to the Sites or Service, you are granting Company, its affiliates, officers, directors, employees, consultants, agents, and representatives a license to use User Content in connection with the operation of the Internet business of Company, its affiliates, officers, directors, employees, consultants, agents, and representatives, including without limitation, a right to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat User Content. You will not be compensated for any User Content. You agree that Company may publish or otherwise disclose your name in connection with your User Content. By posting User Content on the Sites or Service, you warrant and represent that you own the rights to the User Content or are otherwise authorized to post, distribute, display, perform, transmit, or otherwise distribute User Content.

11. COMPLIANCE WITH INTELLECTUAL PROPERTY LAWS. When accessing the Sites or using the Service, you agree to obey the law and to respect the intellectual property rights of others. Your use of the Service and the Sites is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property. You agree not to upload, download, display, perform, transmit, or otherwise distribute any information or content (collectively, "Content") in violation of any third party's copyrights, trademarks, or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any Content you provide or transmit, or that is provided or transmitted using your User ID. The burden of proving that any Content does not violate any laws or third party rights rests solely with you.

12. WEBSITE ACCESS. You agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the content contained thereon or for any other unauthorized purpose without Company's prior expressed written permission. You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of the Site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on Company's infrastructure. You agree that you will not copy, reproduce, alter, modify, create derivative works, or publicly display any content (except for your own personal, non-commercial use) from the Site without the prior expressed written permission of Company.

13. INAPPROPRIATE CONTENT. You shall not make the following types of Content available. You agree not to upload, download, display, perform, transmit, or otherwise distribute any Content that (a) is libelous, defamatory, obscene, pornographic, abusive, or threatening; (b) advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or foreign law or regulation; or (c) advertises or otherwise solicits funds or is a solicitation for goods or services. Company reserves the right to terminate your receipt, transmission, or other distribution of any such material using the Service, and, if applicable, to delete any such material from its servers. Company intends to cooperate fully with any law enforcement officials or agencies in the investigation of any violation of these Terms of Use or of any applicable laws.

14. NO WARRANTIES. COMPANY HEREBY DISCLAIMS ALL WARRANTIES. THE SERVICE AND INFORMATION FROM OR THROUGH THE SITES ARE PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITES, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. COMPANY DOES NOT WARRANT THAT THE SITES OR THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SITES OR THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE.

15. LIMITED LIABILITY. COMPANY'S LIABILITY TO YOU IS LIMITED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COMPANY BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITES OR ANY OTHER MATERIALS OR SERVICES PROVIDED TO YOU BY COMPANY. THIS LIMITATION SHALL APPLY REGARDLESS OF WHETHER THE DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT, OR ANY OTHER LEGAL THEORY OR FORM OF ACTION. ADDITIONALLY, OUR MAXIMUM LIABILITY TO YOU UNDER ALL CIRCUMSTANCES WILL BE EQUAL TO THE AGGREGATE PRICE YOU PAY FOR Naughty Dog Software OVER THE COURSE OF YOUR USE OF THE SITES. THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THIS SITES AND THE INFORMATION WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITES SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.

16. AFFILIATED SITES. Company has no control over, and no liability for any third party websites or materials. Company works with a number of partners and affiliates whose Internet sites may be linked with the Sites. Because neither Company nor the Sites has control over the content and performance of these partner and affiliate sites, Company makes no guarantees about the accuracy, currency, content, or quality of the information provided by such sites, and Company assumes no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content that may reside on those sites. Similarly, from time to time in connection with your use of the Sites, you may have access to content items (including, but not limited to, websites) that are owned by third parties. You acknowledge and agree that Company makes no guarantees about, and assumes no responsibility for, the accuracy, currency, content, or quality of this third party content, and that, unless expressly provided otherwise, these Terms of Use shall govern your use of any and all third party content.

17. PROHIBITED USES. Company imposes certain restrictions on your permissible use of the Sites and the Service. You are prohibited from violating or attempting to violate any security features of the Sites or Service, including, without limitation, (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the Service, the Sites, or any associated system or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Sites or Service, overloading, "flooding," "spamming," "mail bombing," or "crashing;" (d) using the Sites or Service to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services; (e) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Service; or (f) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by Company in providing the Sites or Service. Any violation of system or network security may subject you to civil and/or criminal liability.

18. INDEMNITY. You agree to indemnify Company for certain of your acts and omissions. You agree to indemnify, defend, and hold harmless Company, its affiliates, officers, directors, employees, consultants, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from your access to or use of the Sites, your violation of these Terms of Use, or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity. Company will notify you promptly of any such claim, loss, liability, or demand, and will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.

19. COPYRIGHT. All contents of Sites or Service are: Copyright © 2005 Naughty Dog Software.

20. GOVERNING LAW. This Terms of Use Agreement shall be treated as though it were executed and performed in San Francisco, California, and shall be governed by and construed in accordance with the laws of the State of California (without regard to conflict of law principles). Any cause of action by you with respect to the Sites (and/or any information, products or services related thereto) must be instituted within one (1) year after the cause of action arose or be forever waived and barred. All actions shall be subject to the limitations set forth in above. The language in this Agreement shall be interpreted as in accordance with its fair meaning and not strictly for or against either party. All legal proceedings arising out of or in connection with this Agreement shall be brought solely in San Francisco, California. You expressly submit to the exclusive jurisdiction of said courts and consent to extraterritorial service of process.

21. SEVERABILITY; WAIVER. If, for whatever reason, a court of competent jurisdiction finds any term or condition in these Terms of Use to be unenforceable, all other terms and conditions will remain unaffected and in full force and effect. To the extent that anything in or associated with the Sites is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. No waiver of any breach of any provision of these Terms of Use shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.

22. NO LICENSE. Nothing contained on the Sites should be understood as granting you a license to use any of the trademarks, service marks, or logos owned by Company or by any third party.

23. SECURITIES LAWS. These Sites may include statements concerning our operations, prospects, strategies, financial condition, future economic performance and demand for our products or services, as well as our intentions, plans and objectives, which are forward-looking statements. These statements are based upon a number of assumptions and estimates that are subject to significant uncertainties, many of which are beyond our control. When used on our Sites, words like "anticipates," "expects, "believes," "estimates," "seeks," "plans," "intends" and similar expressions are intended to identify forward-looking statements designed to fall within securities law safe harbors for forward-looking statements. The Sites and the information contained herein do not constitute an offer or a solicitation of an offer for the sale of any securities. None of the information contained herein is intended to be, and shall not be deemed to be, incorporated into any of our securities-related filings or documents.

24. NO PURPOSEFUL AVAILMENT EXCEPT FOR CALIFORNIA. Company makes no representation that any of the materials or the services to which you have been given access are available or appropriate for use in locations other than California. Your use of or access to the Sites should not be construed as Company's purposefully availing itself of the benefits or privilege of doing business in any state or jurisdiction other than California.

25. MODIFICATIONS. Company may, in its sole discretion and without prior notice, (a) revise these Terms of Use; (b) modify the Sites and/or the Service; and (c) discontinue the Sites and/or Service at any time. Company shall post any revision to these Terms of Use to the Sites, and the revision shall be effective immediately on such posting. You agree to review these Terms of Use and other online policies posted on the Sites periodically to be aware of any revisions. You agree that, by continuing to use or access the Sites following notice of any revision, you shall abide by any such revision.

26. ACKNOWLEDGMENT. BY USING THE SERVICE OR ACCESSING THE SITES, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE AND AGREE TO BE BOUND BY THEM.

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