Last Updated on 13 October 2004

TERMS AND CONDITIONS RELATING TO ON-LINE FEATURES: CRASH ’n’ BURN

The on-line features and functionality (“Online Features”) of Crash ’n’ Burn (the “Game”), powered by GameSpy Industries, Inc. (“GameSpy”), are made available to each applicant for, or holder of a valid registration entitling them to access the Online Features(referred to as “you” or “user”) upon and subject to the terms and conditions set out or referred to below.

Please take the trouble to read the following terms and conditions. They contain a number of important Parts:

a. General Terms. This Part includes information about the terms, conditions and important limitations that, by agreeing to play the Online Features, you will be bound by. However, your statutory rights with respect to any goods supplied to you are not affected.

b. the Rules of Play. We want everyone to have fun and get the most out of the online experience. This Part sets out your responsibilities and the rules which all users must abide by.

c. Important Reminders. Whilst online, you may be allowed to communicate with friends and strangers from across the globe by text and voice chat. The Online Features may also include community forums and other chat rooms. These communications are public and so can be viewed not just by friends but anyone else who is currently connected to the on-line mode of the Game. This Part includes a number of guidelines which you should always follow whenever communicating with others over the Internet, particularly with people you do not know. They are there for your own protection and you should follow them at all times.

d. the GameSpy Online Privacy Policy. As explained below, before you can enjoy the Online Features you need to register for, or already possess, a GameSpy ID. Registration with GameSpy is subject to such terms and conditions as GameSpy and its affiliates may specify from time to time. Eidos collects no personal information from you in connection with your registration and use of the Online Features. However, GameSpy may collect certain information from you and the use of that information which GameSpy may make is set out in their Online Privacy Policy which will appear on a separate screen each time you log on to the Online Features.

In addition, we know how attached you can get to your games but you need to look after yourself too. We strongly recommend that you pay attention to the Health Warnings and Guidelines included in the Manual accompanying your game.

ALL TERMS, CONDITIONS, POLICIES AND NOTICES CONTAINED OR REFERRED TO BELOW CONSTITUTE AN AGREEMENT BETWEEN YOU ON THE ONE HAND AND EIDOS INC. AND ITS INTERNATIONAL AFFILIATES ON THE OTHER (“EIDOS”, “US” or “WE”)) RELATING TO THE PROVISION OF ONLINE FEATURES WITHIN THE GAME (“AGREEMENT”). THESE ONLINE FEATURES ARE OFFERED TO YOU CONDITIONAL UPON YOUR ACCEPTANCE OF ALL OF THE TERMS, CONDITIONS, POLICIES AND NOTICES SET OUT OR REFERRED TO BELOW WITHOUT MODIFICATION. BY COMPLETING THE ONLINE REGISTRATION PROCESS AND CLICKING “ACCEPT” BELOW YOU ARE AGREEING TO THIS AGREEMENT.

IF YOU DO NOT WISH TO BE BOUND BY THIS AGREEMENT YOU SHOULD SELECT “DECLINE”, CANCEL THE REGISTRATION PROCESS AND NOT USE THE ONLINE FEATURES.

A PRINTABLE COPY OF THIS AGREEMENT CAN BE FOUND AT http://www.eidos.com/online/.

A. General Terms

1. Registration

1.1 Availability of the Online Features is subject to you completing a registration for a GameSpy ID. If you already have an existing GameSpy ID then you may use that to access the Online Features. Registration for, possession and use of your GameSpy ID is subject to such terms and conditions as may be stipulated from time to time by GameSpy and its affiliates. Not everyone will necessarily be entitled to register a GameSpy ID and acceptance of an application for a GameSpy IP is outside of Eidos’ control. Registration may be subject to age restrictions applicable to you in your territory or by virtue of laws applicable to you in certain territories.

1.2 Eidos encourages you to choose a GameSpy ID which does not identify your real name, nor one which could be used to identify you, your address, your age, postal/zip code, email address or telephone number. Certain nicknames may not be permitted.

1.3 Registration does not give you the right to access and play all Eidos games which may have Online Features nor does it entitle you to use or have access to any other service or website operated by Eidos. Separate registration may be required in order to access online features associated with other Eidos games. In particular, access to certain services or specific games may be subject to:

(a) different or additional terms and conditions which require acceptance as a condition to access and play;

(b) a subscription charge or other payment; or

1.4 GameSpy may reset your registration account at any time without notice to you in which case you may have to re-register under a different GameSpy ID in order to be able to continue to use the Online Features associated with the Game. Eidos accepts no liability of any nature whatsoever for any loss or damage suffered or incurred by you as a result of any resetting your registration account (including, but not limited to, loss of data).

1.7 You agree that all communications which you may make with other users whilst using the Online Features via chat rooms, community forums, message boards, voice chat or otherwise are public and not private communications and that you have no expectation of privacy concerning your use of the Online Features. Moreover, you agree that you acquire no right, title or interest in any character, data, property or other matter which you may acquire, create or develop while playing the Game in Online mode (including, but not limited to, game statistics, player results and league tables).

2. Changes and Modifications to this Agreement

2.1 The Online Features and/or provisions of this Agreement may be changed by us at any time. In addition, we do not make any guarantee that you will be able to continue to play the Online Features for any length of time. We reserve the right to withdraw any Online Features related to the Game at any time.

2.2 A copy of the latest version of this Agreement can be found at http://www.eidos.com/online/. We recommend that you regularly review the latest version of this Agreement. If you continue to use the Online Features in relation to the Game thirty (30) days after the date that the revised Agreement is posted on the website address referred to above then you will be deemed to have accepted all such changes. If you do not wish to accept or be bound by such changes, your exclusive remedy is to cancel your registration and stop using the Online Features before the end of such thirty (30) day period. You must contact GameSpy to cancel registration of a GameSpy ID.

3. Children

3.1 The Online Features are not directed to children under the age of 13 and Eidos will not knowingly collect any personally identifiable information from anyone under 13 or otherwise. You should refer to GameSpy’s Privacy Policy for any further information concerning children and collection of information from children by GameSpy and its affiliates.

3.2 All games published by Eidos carry a voluntary or mandatory age-rating identified on the packaging for the relevant game. You should not allow players under the minimum age requirement specified in the applicable age rating for the game in your jurisdiction to play the game and by accessing the Online Features you confirm that you have attained any such minimum age. Moreover, the content of the game may change due to interactive exchanges between players in the On-line mode. Neither Eidos nor Sony Computer Entertainment Inc. accept any responsibility for content which is external to the game itself.

WE ASK PARENTS AND LEGAL GUARDIANS OF CHILDREN UNDER THE AGE OF 18 TO PAY SPECIAL ATTENTION TO THE ONLINE ACTIVITIES OF THEIR CHILDREN AND TO CAREFULLY READ THIS AGREEMENT. IN PARTICULAR, PARENTS AND GUARDIANS SHOULD SPECIFICALLY MAKE CHILDREN UNDER THEIR CARE AWARE OF THE RULES OF PLAY IN PART B AND THE IMPORTANT REMINDERS CONTAINED IN PART C BELOW. IT IS THE RESPONSIBILITY OF THE PARENT OR GUARDIAN TO SUPERVISE THE USAGE BY MINORS OF THE ONLINE FEATURES.

4. Technical Requirements

4.1 Your ability to access the Online Features is dependent upon certain minimum technical requirements being met as prescribed by us from time to time. You are solely responsible for meeting the minimum technical requirements and paying for all connection fees. Minimum technical requirements may vary from game to game and your access and use of Online Features is subject to your technical and connection infrastructure meeting such minimum technical requirements. We may modify the minimum technical requirements at any time and without giving notice to you.

5. Restrictions on Use

5.1 The Online Features are made available to you for personal use only. All commercial use is prohibited. Commercial use includes, but is not limited to, charging others to play the Online Features of the Game, organising competitions for money or money’s worth between members and/or other third parties.

5.2 You will not use the Online Features for any unlawful or illegal purposes.

5.3 You agree to comply with the Rules of Play.

5.4 In relation to your use of the Online Features, you undertake to comply with all applicable laws and regulations.

5.5 You will not attempt to damage, disable, hack into, gain unauthorised access to, overtake or adversely affect in any manner the provision of the Online Features or interfere with any other users enjoyment thereof.

5.6 Except as otherwise expressly permitted in this Agreement or any separate agreement between Eidos and you, your use of the Online Features gives you no rights whatsoever to use, reproduce, transmit, copy, distribute, perform, licence or otherwise deal with any information, computer software, data, images, content or services obtained or received by you as a result of your access to and/or use of the Online Features. All rights are hereby reserved by Eidos and its licensors.

6. Monitoring

6.1 We may, but are not obliged to, monitor use of the Online Features (and we may not attempt to do so) nor do we pre-screen information, messages or other content posted by registrants. WE CANNOT GUARANTEE THAT YOU WILL NOT ENCOUNTER SUBJECT MATTER THAT YOU CONSIDER OFFENSIVE OR OTHERWISE INAPPROPRIATE AND WE ACCEPT NO LIABILITY FOR ANY FAILURE TO, OR DELAY IN, REMOVING ANY SUCH CONTENT OR MATTER. HOWEVER, YOU MAY MAKE COMPLAINTS BY SENDING AN EMAIL OR WRITTEN NOTICE TO THE CONTACT ADDRESS GIVEN BELOW.

6.2 All information, messages and images posted by you when in Online mode is posted at your own risk and we do not assume any responsibility for it.

6.3 We reserve the right, in our absolute discretion, to remove content submitted by you without notice that we consider offensive, defamatory, obscene, abusive, racist, likely to cause worry or fear or is otherwise objectionable or offends the Rules of Play. You accept that we are final arbiters in all cases with respect to such matters.

6.4 We reserve the right, without notice to you, to retain, monitor and/or disclose any content submitted by you or other information which we have or acquire related to you or your use of the Online Features as we consider necessary in order to comply with any applicable law, regulation, legal proceedings, statutory duty, governmental request made to us, or as part of any request made from a law enforcement agency of competent jurisdiction in relation to a criminal investigation

7. Software Downloads

7.1 In connection with the Online Features you may be required to download certain software (“Service Software”). In addition, the system which enables the Online Features to be used may automatically be set so as to download Service Software patches automatically to the Internal Hard Disk Drive (40GB) (for PlayStation® 2) of your Sony PlayStation® 2 Computer Entertainment System or your Memory Card (8MB) (PlayStation® 2) when you connect to the Online Features and you irrevocably agree that we may do this. Your rights to download, install and otherwise use such Service Software will be governed by and subject to your acceptance of the terms and conditions of the end user licence agreement accompanying such Service Software (“EULA”). In any case where you are not required to accept the terms of an EULA the following terms and conditions of this paragraph 7 shall apply. You are granted a limited, personal, non-transferable, non-exclusive licence to use such Service Software solely in connection with the use of Online Features and on a Sony PlayStation® 2 Computer Entertainment System. All other rights attaching thereto are reserved absolutely by the respective licensors. You agree not to modify, decompile, disassemble, reverse engineer such Service Software unless and then only to the extent permitted by a mandatory provision of applicable law. Unauthorised use of computer software may be an infringement of copyright and be liable to civil and criminal sanctions.

7.2 Any licence granted to you under paragraph 7.1 above shall terminate upon termination of your right to use the Online Features associated with the Game.

7.3 All Service Software downloaded to your console in connection with the use of the Online Features is provided “as is” without any warranty or representation of any kind. It is used by you at your sole risk.

7.4 To the maximum extent permitted by applicable law, neither we nor any of our licensors or suppliers shall have any liability to you of any kind or nature, whether in contract, tort (including negligence), breach of statutory duty or otherwise for any loss, damage, cost or expense (including but not limited to damage to any equipment, computer hardware, software or any special, incidental, punitive and consequential loss) suffered or incurred by you as result of your downloading and/or using any Service Software.

7.5 The downloading of computer software may be subject to certain laws applicable in the United States of America regarding export controls. You warrant that you are not located in any jurisdiction nor are you exporting any Service Software to any person or jurisdiction to which you would be prevented under any such export control laws without having obtained any requisite governmental permissions.

8. Rights Granted to Eidos

8.1 You warrant to us that you have the absolute right and authority to post any content or other information which you submit when playing the Game in Online mode . You irrevocably grant us the world-wide, royalty-free, right and licence (with the right to grant sub-licences) to use, reproduce, publicly display, edit, modify, translate and format in any manner we choose all content, images and other communications you post when in Online mode.

YOUR ATTENTION IS SPECIFICALLY DRAWN TO THE PROVISIONS OF PARAGRAPHS 9, 10 AND 11. THESE PARAGRAPHS CONTAIN DISCLAIMERS FROM EIDOS, LIMITATIONS ON OUR LIABILITIES TO YOU, LIMITATIONS AND EXCLUSION OF RIGHTS AND REMEDIES ON YOUR PART AND INDEMNIFICATION OBLIGATIONS TO US.

9. Disclaimers

9.1 Neither we nor any of our licensors or suppliers guarantee nor do we or any of them make any representations or warranties that the Online Features will be available at all or at any times or that it will be error-free, uninterrupted or secure.

9.2 Unless and to the extent only that the following exclusions are incapable of exclusion by applicable law, the Online Features (including any goods or services) are provided on an “as is” and “as available” basis without warranties, terms, conditions or representations of any kind, whether express or implied by statute or operation of law.

9.3 To the maximum extent permitted by applicable law, Eidos, its licensors and suppliers each expressly disclaim all warranties, representations, terms and conditions of any kind, express or implied, including but not limited to any implied warranties, terms or conditions of merchantability, fitness for purpose, satisfactory quality, title, non-infringement of intellectual property and other third party rights with respect to the Online Features or any goods, services or other activities sold, supplied or otherwise made available when in Online mode.

9.4 Some states or jurisdictions may not allow the limitation or exclusion of certain warranties or conditions and where that is the case and to such extent the exclusions and limitations in this Agreement may not apply to you. Your statutory rights are not affected.

10. Your Exclusive Remedies and Our Liability Limitations

10.1 Your exclusive remedy under or in relation to this Agreement and/or the Online Features is that set out in paragraph 12.2.

10.2 To the maximum extent permitted by applicable law, in no event shall Eidos or any of its subsidiaries of international affiliates, suppliers, licensors, or successors and assigns (together the “Eidos Parties”) be liable for any:

(a) loss of profit, goodwill, reputation, opportunity; and/or any

(b) indirect, incidental, consequential, special or punitive loss or damage

of any kind or nature whatsoever suffered or incurred by you arising out of, based on, or resulting from the Online Features, your use of the Online Features or this Agreement, and whether arising from breach of contract, misrepresentation (other than fraud), negligence or other tort, or breach of statutory duty or otherwise, and regardless of whether or not any of the Eidos Parties has been advised of the possibility of any such loss or damage being suffered or incurred.

10.3 In addition, the aggregate liability of the Eidos Parties under or in relation to this Agreement, the Online Features and your use thereof (whether arising from breach of contract, misrepresentation (other than fraud), negligence or other tort, or breach of statutory duty or otherwise) shall be limited to the greater of (i) the amount you have paid any Eidos Parties for the right to use the Online Features (including the amount of any subscription or similar fees and any licence or other fees paid for the provision of any services related to the Services such as technical support, software patches, updates and upgrades) during the six months prior to the date of the first claim made against any Eidos Parties; or (ii) US$75.

10.4 In any event, no Eidos Party shall be liable for any delay or failure in the performance of any obligation under this Agreement or the provision of the Online Features by reason of any fact, event or circumstance which is outside of the reasonable control of such Eidos Party.

10.5 Notwithstanding any other provision of this paragraph 10, nothing in this Agreement shall exclude or limit the liability of the Eidos Parties for death or personal injury caused by our negligence.

10.6 Any third party material or software downloaded through or for use of the Online Features is undertaken at your sole risk and neither Eidos nor its licensors and suppliers shall be liable for any damage to your Sony PlayStation®2 Computer Entertainment System or any computer software or system or loss of data that may result from the download of any such third party material or software.

10.7 Your statutory rights as a consumer with respect to any goods supplied as part of the Services are not affected.

11. Your Indemnification Obligations to Eidos

11.1 You agree to indemnify and keep indemnified on demand the Eidos Parties and their respective officers, directors, employees and agents (together “Eidos Indemnitees”) from all claims, demands, proceedings, liabilities, losses, damages, costs and expenses suffered or incurred by any Eidos Indemnitees arising from, based on, or in relation to :

(a) any breach by you of any provision of this Agreement including, but not limited to, the Rules of Play;

(b) any illegal, unlawful or other use by anyone to whom you have given permission to use your GameSpy ID; or

(c) your conduct when using Online Features or from any material (including but not limited to text, voicechat or images) that you may contribute to or submit when using the Online Features including, but not limited to, any claim made against any Eidos Indemnitees for infringement of third party proprietary rights in relation to any such material contributed by or posted by you).

12. Termination

12.1 The Online Features or your use thereof may be suspended or terminated at any time, with or without reason or cause, and with or without notice. Your right to use the Online Features shall terminate immediately upon termination of the Online Features in relation to the Game or your use thereof and any obligations to you to provide the Online Features shall immediately cease.

12.2 You agree that in the event of any dispute between you and Eidos your sole and exclusive remedy is to cancel your registration and use of the Online Features as provided in paragraph 12.1 above.

12.3 As a result of termination of the Online Features or your use thereof, you will lose any information that you have stored or posted when in Online mode and you shall have no right to retrieve it.

12.4 The provisions of paragraphs 9, 10 and 11 shall survive the termination of this Agreement or your right to use the Online Features for any reason.

13. General

13.1 Eidos may assign, delegate and otherwise transfer its rights and obligations under this Agreement, in whole or in part, to any third party and without notice to you. All agreements, undertakings and warranties made or given by you an all disclaimers, exclusions and limitations of liability in this Agreement are given for the benefit of Eidos and its third party licensors and suppliers. You may not assign, delegate or otherwise transfer any of your rights and obligations under this Agreement to any third party.

13.2 If any provision of this Agreement is illegal or unenforceable pursuant to applicable law, then such illegal or unenforceable provision will be deleted without prejudice to the remaining provisions of this Agreement which shall remain in full force and effect.

13.3 This Agreement and all disputes, controversies, questions and legal proceedings in connection therewith shall be governed by, and construed in accordance with, the laws of California, USA without reference to conflict of laws principles. Eidos and you each irrevocably consent to the exclusive jurisdiction of and venue in the state and federal courts situated in San Francisco, California in connection with any action to enforce the provisions of this Agreement, to recover damages or other relief for breach or default under this Agreement, or any other disputes, controversies and legal proceedings arising out of or in relation to this Agreement, its termination or the use of the Online Features.

14. Removal of Material for Which Copyright Infringement is Claimed

Pursuant to 17 U.S.C. § 512 as amended by Title II of the Digital Millennium Copyright Act, Eidos has implemented procedures for receiving written notification of claimed infringements and for processing such claims in accordance with the Act. If you believe your copyrights are being infringed by any user of the Online Features, please fill out a Notice of Infringement form, http://www.eidos.com/online/ and fax it to Eidos.

The information requested by the Notice of Infringement form substantively complies with the safe harbor provisions of the Digital Millennium Copyright Act, 17 U.S.C. § 512(c)(3)(A), which provides:

To be effective under this subsection, a notification of claimed infringement must be a written communication provided to the designated agent of a service provider that includes substantially the following:

(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.

(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.

(iv) Information reasonably sufficient to permit the service provider to contact the complaining party such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted.

(v) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.

(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Notification from a copyright owner or from a person authorized to act on behalf of the copyright owner that fails to comply substantially with the provisions above shall not be considered as providing actual knowledge or an awareness of facts or circumstances from which infringing activity is apparent.

Please provide a Notice of Infringement form each time you wish to report alleged acts of

infringement and fax it to the number provided.

B. THE RULES OF PLAY

These rules are mandatory and are for the benefit of all users of the Online Features. Eidos is the sole and final judge of whether any conduct falls foul of these rules. Failure to comply with these rules may lead either to (a) the suspension or termination of your right to use the Online Features; and/or (b) details of any illegal behaviour being disclosed to relevant law enforcement agencies in cooperation with them.

● No pornographic or sexually suggestive material. Any sexually oriented imagery or links to such content will not be tolerated. Additionally, sexually suggestive discussions are not acceptable.

● No Warez or Illegal Software. This includes linking to software, posting about it, and suggesting getting it all of which are unacceptable. We will not tolerate postings or other communications that encourage people to violate copy protection by referring them to websites that have copy protection codes publicised.

● No cursing or swearwords.

● No impersonations. You must not attempt to impersonate other members. Do not post email addresses, phone or physical addresses, whether your own or of anyone else.

● No advertising or promotion. You must not post topics or messages that solicit or transmit advertising, promotional materials, chain letter, pyramid schemes or otherwise make any commercial use of the Online Features.

● No spamming. Spamming is characterised by the initiation of threads or posts that contribute nothing to a particular forum, Examples include: empty bodies, bodies with few words that have no relation to the current thread or discussion and those posts that state they are Spam, either to annoy or increase a member’s post count.

● No “Slam” postings. By slam postings, we mean posts that make statements such as “ this product is horrible. No one should buy it”. These postings are unacceptable as are any postings that refer to other users, our developers, Eidos, its affiliates and any of our competitors.

C. IMPORTANT REMINDERS

THIS SECTION IS IMPORTANT AND WE URGE YOU TO TAKE A FEW MOMENTS TO READ THESE MESSAGES.

Your communications when using the Online Features whether in chat rooms, on forums and in-game are public and can be seen by anyone else using the Online Features. This means that you are liable to receive unsolicited communications from other members whose identities will not be revealed, other than their unique GameSpy ID.

Neither we nor any of our suppliers are responsible for your actions or the actions of others. There are, however, come common sense rules which you should always abide by when using the Online Features and making communications with others.

Other users may not be who they say they are, or who you think they are. Unfortunately we cannot rule out that there are dangerous people using the Online Features. Under no circumstances should you every give out your real name, your address, telephone or mobile number or any other personal details or information which could identify who you are or where you live. Similarly even giving out your email address may be a bad idea if it contains part or all of your personal name.

Always be wary of giving out details about what you do, where you go, what School or College you attend or your physical attributes.

ABOVE ALL WE WOULD STRONGLY ADVISE YOU AGAINST MEETING ANYONE THAT YOU KNOW ONLY FROM PLAYING THE GAME IN ONLINE MODE.

NOTE FOR PARENTS AND GUARDIANS: YOU SHOULD NEVER ALLOW CHILDREN IN YOUR CARE TO USE THE ONLINE FEATURES WHILST UNSUPERVISED. PLEASE ENSURE THAT YOUR CHILDREN KNOW HOW TO ENSURE THEY DO NOT GIVE OUT TOO MUCH PERSONAL INFORMATION AND THAT THEY UNDERSTAND HOW TO USE THE ONLINE FEATURES SAFELY.

CONTACT ADDRESS

If you have any questions, complaints or comments regarding this Agreement please contact our Community Administrator at:

Eidos Inc.

651 Brannan Street, 4^th Floor, San Francisco, California 94107, USA

Community@eidos.com