PayNow Platform End User License Agreement

The digital goods, products, content, and related items (the "Items") made available by a video game or software platform server operator ("Creator") via PayNow Services, Inc., a Pennsylvania Corporation ("PayNow"), including through a PayNow-hosted storefront (a "Creator Store") or an affiliated marketplace platform ("Marketplace Platform"), are licensed, not sold, to you. Your license to each Item that you obtain through a Creator Store or Marketplace Platform is subject to your prior acceptance of this End User License Agreement ("Standard EULA"), and you agree that the terms of this Standard EULA will apply to each Item that you license from a Creator, unless that Item is covered by a separate, valid end user license agreement between you and the Creator of that Item, in which case the terms of that separate end user license agreement will govern. Your license to any Item under this Standard EULA is granted by the Creator of the Item. Any Item that is subject to the license granted under this Standard EULA is referred to herein as a "Licensed Item". The Creator, as the applicable licensor ("Licensor"), reserves all rights in and to the Licensed Item not expressly granted to you under this Standard EULA. This Standard EULA provides additional terms and conditions, in addition to the PayNow Buyer User Agreement and the PayNow Terms of Use. Terms that are capitalized but not defined in this Standard EULA will have the meaning given in the PayNow Buyer User Agreement and the PayNow Terms of Use.

A. Scope of License

This license granted to you for the Licensed Item by Licensor is limited to a nontransferable license to use the Licensed Item on the applicable Creator's video game, server, or software platform. You may not rent, lease, lend, sell, transfer, redistribute, or sublicense the Licensed Item. You may not copy (except as expressly permitted by this license), decompile, reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Licensed Item, any updates, or any part thereof (except as and only to the extent that any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open-sourced components included with the Licensed Item). Any attempt to do so is a violation of the rights of the Licensor and its licensors. If you breach this restriction, you may be subject to prosecution and damages.

The terms of this license will govern any upgrades provided by Licensor that replace and/or supplement the original Licensed Item, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern.

B. Consent to Use of Data

You agree that Licensor may collect and use technical data and related information---including but not limited to technical information about your device, system and application software, and peripherals---that is gathered periodically to facilitate the provision of software updates, product support, and other services to you (if any) related to the Licensed Item. Licensor may use this information, including sharing such information to its licensors, as long as it is in a form that does not personally identify you, to improve its products or to provide services or technologies to you.

C. Termination

The license is effective until terminated by you, the Licensed Item expires, or the Licensed Item otherwise becomes unavailable at the Creator's discretion. Your rights under this license will terminate automatically without notice from the Licensor if you fail to comply with any term(s) of this license. Upon termination of the license, you shall cease all use of the Licensed Item and destroy all copies, full or partial, of the Licensed Item.

D. Use of Third-Party Platforms

The Licensed Items may be intended for use on, or incorporate content, information and material from, third-party platforms and websites (collectively and individually, "Third-Party Platforms"), and your use of the Licensed Items may be subject to additional terms governing such Third-Party Platforms. You acknowledge that Licensed Items may contain, or be based on or derived from, proprietary content, information and material that is owned by the operators of such Third-Party Platforms and is protected by applicable intellectual property and other laws, and you agree that you will not use such proprietary content, information, or materials except in accordance with applicable law and as permitted by the terms governing such Third-Party Platforms. Licensor makes no representation or warranty with respect to such Third-Party Platforms or any content, information and material available on such Third-Party Platforms. If you choose to use or access such Third-Party Platforms or any content, information, and material available on such Third-Party Platforms, you do so at your own risk and are responsible for compliance with the terms and conditions governing such Third-Party Platforms. Licensor reserves the right to change, suspend, remove, or disable use of a Licensed Item on any Third-Party Platform at any time without notice. In no event will Licensor be liable for the removal of or disabling of the ability to use a Licensed Item on a Third-Party Platform.

E. Refunds and Returns

You agree that any refunds for transactions involving Licensed Items are at the discretion of PayNow, in its capacity as merchant of record, and the Creator. In the event that You want to return or request a refund for a Licensed Item, You must directly submit such request to PayNow for review. If your request for a refund is not approved by PayNow, You may also submit your request (a) to the Creator directly if the transaction was made through a Creator Store or (b) through the Marketplace Platform where the Item was listed . Your request for a refund must be received within fourteen (14) days of the transaction date.

F. NO WARRANTY

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE LICENSED ITEM IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LICENSED ITEM AND ANY SERVICES PERFORMED OR PROVIDED BY THE LICENSED ITEM ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND LICENSOR HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE LICENSED ITEM AND ANY SERVICES, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND OF NONINFRINGEMENT OF THIRD-PARTY RIGHTS. LICENSOR DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE LICENSED ITEM, THAT THE FUNCTIONS CONTAINED IN OR SERVICES PERFORMED OR PROVIDED BY THE LICENSED ITEM WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE LICENSED ITEM OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE LICENSED ITEM OR SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY LICENSOR OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE LICENSED ITEM OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.

G. Limitation of Liability

TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL LICENSOR BE LIABLE FOR PERSONAL INJURY OR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE LICENSED ITEM, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall Licensor's total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.

H. Export

You may not use or otherwise export or re-export the Licensed Item except as authorized by United States law and the laws of the jurisdiction in which the Licensed Item was obtained. In particular, but without limitation, the Licensed Item may not be exported or re-exported (a) into any U.S.-embargoed countries or (b) to anyone on the U.S. Treasury Department's Specially Designated Nationals List or the U.S. Department of Commerce Denied Persons List or Entity List. By using the Licensed Item, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use these products for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture, or production of nuclear, missile, or chemical or biological weapons.

I. Governing Law

This Standard EULA is governed by and construed in accordance with the internal Laws of the State of Pennsylvania without giving effect to any choice or conflict of law provision or rule that would require or permit the application of the Laws of any jurisdiction other than those of the State of Pennsylvania. Any legal suit, action, or proceeding arising out of or related to this Agreement or the licenses granted hereunder will be instituted in the federal courts of the United States located in Philadelphia, Pennsylvania or the courts of the State of Pennsylvania in each case located in the Chester County, Pennsylvania, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such suit, action, or proceeding. Service of process, summons, notice, or other document by mail to such party's address set forth herein shall be effective service of process for any suit, action, or other proceeding brought in any such court.