END USER LICENSE AGREEMENT

This agreement (the "Agreement") should be read by you (the "User" or "You") in its entirety. Please note that the Agreement constitutes a legally binding agreement between You and ComePlay Development, SRL (referred to herein as "ComePlay") which owns and operates the online poker games accessed through www.ComePlay.com (the "Site")

Introduction

The client software that You have downloaded or are about to download (the "Software") is being licensed to you by ComePlay for your private personal use solely on "AS IS" basis. Please note that the Software is not for use by (i) persons under 18 years of age, (ii) persons under the legal age of majority in their jurisdiction , or (iii) persons connecting to the Site from jurisdictions from which such use is prohibited it is illegal to do so.

You shall use the Software, together with your unique Player ID ("Player ID") and unique and secret password ("Password") chosen by and known only to You, to access the ComePlay servers (the "Servers") in order to play the ComePlay "play for real money" or "play for play money (no chip value)" games (the "Games").

The Software is protected by trademark laws, copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. This License does not grant a User any right to reproduce the design or publish screenshots of the design without express prior written permission from ComePlay.

1. GRANT OF LICENSE. Subject to the terms and conditions contained herein ComePlay grants the User a non-exclusive, personal, non-transferable right to install and use the Software as a client in order to access the Servers and play the Games and for no other purpose.

2. NO WARRANTIES. ComePlay disclaims any and all warranties, expressed or implied, in connection with the Software, the Site and the Games, all of which are provided to You "AS IS". ComePlay provides You with no warranty or representation whatsoever regarding the Software or Games quality, fitness for purpose, completeness or accuracy. Regardless of our efforts to provide You with service of the highest quality, ComePlay makes no warranty that the Site, the Software, the Games or the Servers will be uninterrupted, timely or error-free, that defects will be corrected or that the services found therein shall be free from viruses or bugs.

3. PROHIBITED USES. User may not attempt to modify, decompile, reverse-engineer or disassemble the Software in any way. The Software is intended solely for your personal use and the use of artificial intelligence including, without limitation, "robots" for play in the Games is strictly forbidden. All actions taken in relation to the Games by a User must be executed through the user interface accessible by use of the Software. ComePlay reserves the right exercisable at its sole and complete discretion, to prohibit the use of the Software or access to the Servers by any User. ComePlay further reserves the right to restrict seating and/or to prohibit Users from playing at a particular poker table or in a tournament, including restricting two or more Users from playing together at the same table or in the same tournament. In the event that ComePlay deems that a User has engaged in fraudulent, unlawful or improper activity while using the Software, accessing the Servers or playing the Games, including without limitation a User who has colluded or attempted to collude with another User of the Software, ComePlay shall be entitled to take such action as it sees fit, including immediately blocking access to the Games to such User, terminating such User's account with ComePlay and seizing all monies held in any relevant ComePlay "real money account", including other accounts of said User, reversal or recovery of payments mistakenly made or induced by fraudulent conduct. Fraudulent, unlawful or improper activity, includes, without limitation, engaging in credit card or financial fraud related to one or more ComePlay Accounts, improper play in the Games (“cheating”), collusion, and other Game misconduct.

4. LIMITATION OF LIABILITY. Under no circumstances, including negligence, shall ComePlay be liable for any special, incidental, indirect, or consequential damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the use (or misuse) of the Software, the Games or your accessing the Site or the Servers, even if ComePlay had prior knowledge of the possibility of such damages.

5. SECURITY. The User agrees that he/she is solely responsible for all use of the ComePlay Software through his/her Player ID and Password. The User is obliged to keep his/her Player ID and Password secret and confidential at all times and to take all efforts to protect their secrecy and confidentiality. Any unauthorized use of the Player ID or Password shall be the sole responsibility of the User and be deemed as his/her use. Any liability or loss of funds arising from use of a Player ID and or Password shall be borne by the User and not ComePlay.

ComePlay, in its discretion, may require an account holder to fax in a copy of his/her credit card used to fund deposits and execute a written acknowledgement of any deposits funded by credit cards

6. PERSONAL USE. Commercial use of the Software is strictly forbidden. The User is only allowed to wager for his/her personal entertainment. Under no circumstances shall a User be permitted to use his "real money account" with ComePlay for any purpose other than for playing the Games. In the event that ComePlay determines that the foregoing provision has been breached by a User ComePlay reserves the right to immediately block access to the Games to such User, to terminate such User's account with ComePlay and to seize all monies held in the relevant ComePlay "real money account". The User agrees that his/her use of the Games is in a personal (and not professional) capacity. Before the User participates at ComePlay, he/she is responsible to verify the laws on gambling which govern the User use of the Software in order to determine restrictions and act in accordance thereto.

7. DORMANT or INACTIVE ACCOUNTS/ACCESS FEE: On or after August 31 st of each calendar year, ComePlay shall be entitled to close any User account which has not had any activity or game play for the prior 12 month period. In such event, the balance of any funds balance in said account(s) shall be deposited by ComePlay in a pooled segregated bank account and maintained for a period of 7 months thereafter (“Holding Period”). ComePlay shall give notice to the User that his/her account balance has been placed into a suspense account and provide an address for each such User to claim the balance thereof, if any. Such notice shall be conclusively presumed to have been received by the User if sent by ComePlay by email to the email address of record provided by the User for said account. In the event that a User shall validly claim said balance of suspense account funds formerly held in a dormant account, ComePlay shall verify the identity and entitlement of said claimant (if any), may require an account holder to execute a written acknowledgement of any deposits funded by credit cards, and, thereafter shall pay the balance of the dormant account to such User. At the expiration of the Holding Period, all such account balance amounts which remain unclaimed shall escheat to ComePlay as an Access Fee and compensation for account maintenance and having provided User access to the Games during the 12 months prior to the Holding Period. The balance of funds in any User account closed by ComePlay due to User misconduct, fraud, or collusion may be seized and each such User shall forfeit any and all interest thereto.

In the event that ComePlay shall receive notice that a User has died within the prior 12 months, the account balance(s) of such User shall be held pending presentation of proof of authority to claim such funds by the Executor or other authorized representative of the estate of the deceased User. In the event that a claim is made to ComePlay for an account balance by any person other than the User, ComePlay may require such claim to be proven in a court of law, any legal action by said claimant to prove such claim must be filed within 6 months of the date of such claim.

8. TERMINATION. Without prejudice to any other rights of ComePlay, ComePlay may immediately and unilaterally terminate this Agreement if you fail to comply with the terms and conditions contained herein. In such event, you must destroy all of your copies of the Software.

9. AMENDMENT. ComePlay reserves the right to change this Agreement at any time with or without notice and you will be bound by such amended Agreement upon its being posted at the Site. Therefore, we encourage you to visit the Site regularly and check the terms and conditions contained in the Agreement. Your continued use of the Client Software or access to the Site shall be conclusively deemed to attest to your agreement to any amendments to the Agreement.

10. GOVERNING LAW. The Agreement and any matters relating hereto shall be governed by, and construed in accordance with the laws of Costa Rica. Each party irrevocably agrees that the relevant courts of Costa Rica shall have exclusive jurisdiction in relation to any claim, dispute or difference between them concerning the Agreement and any matter arising hereunder. You and ComePlay irrevocably waive any right that either may have to object to an action being brought in those courts, or to claim that the action has been brought in an inconvenient forum, or that those courts do not have jurisdiction. You expressly consent to personal jurisdiction of said courts over You. (This choice of forum and law governs only claims between the USER and ComePlay and shall not affect or limit any other right or remedy which ComePlay may hold against any third party related to the business of providing the games, including the provision of services to ComePlay by such third parties.)

11. SEVERABILITY. If a provision of this Agreement is or becomes illegal, invalid or unenforceable in any jurisdiction, that shall not affect the validity or enforceability in that jurisdiction of any other provision hereof or the validity or enforceability in other jurisdictions of that or any other provision hereof.

Copyright © 2004- 2005 ComePlay Development, SRL. All rights reserved.t