Last updated: September 1, 2010

This License Agreement ("License") is a legal agreement by and between the individual end user ("user" or "you") and Quick Hit, Inc. ("QUICKHIT", "we" or "us"), a Delaware corporation with its principal offices at 16 Chestnut Street, Foxboro, Massachusetts 02035, U.S.A.� This License is for the online sports game currently known as QUICKHIT NFL Football, inclusive of any and all versions, updates, reproductions, patches, modifications, expansions, derivative works or applications, currently available at http://www.quickhit.com and through other authorized websites and/or platforms ("Game"). This License contains important information about the Game and sets forth the terms and conditions under which you are authorized to download the Game on your personal computer or device, which may include third party software provided and/or made available to you with the Game (collectively, "Game Software"), and any server software and services that enable you to access the Game Software (collectively, "Server Software").

By clicking the box indicating that you have read and agree to this License during the account creation process, downloading the Game Software, accessing and using the Server Software, or otherwise playing the Game, you represent and warrant that you are of the legal age of consent and that you further agree to be bound by the terms and conditions of this License.� If you do not agree to the terms and conditions of this License, you are not authorized to download, access, use or play the Game.

1. HOW TO PLAY.

In order to play the Game, you must: (1) complete the download of the Game Software on your personal computer or device, and (2) secure and maintain a suitable connection to the internet to access and use the Game Software and Server Software. You are responsible for all fees and costs you incur with respect to your personal computer or device and/or internet connection.

2. LIMITED LICENSE.

The Game is not being sold to you but rather licensed to you according to the terms and conditions of this License. Subject to your continued compliance with the terms and conditions of this License and the Terms of Service, inclusive of the Rules of Conduct, QUICKHIT grants you a limited, non-exclusive, non-transferable, revocable license solely to download the Game Software, access and use the Server Software and play the Game as made available to you from time to time by QUICKHIT solely on your personal computer(s) or device(s) for your own non-commercial entertainment purposes.

You may not copy, share, sell, rent, sublicense, transfer, distribute or otherwise permit access to or provide reproductions of the Game to any other person. You may not network the Game. You may not exploit the Game for commercial use, including, but not limited to, use at a so-called "cyber caf�" or other communal location, use for the purpose of accumulating coaching points, fantasy points, players, plays, skills, logos and any in-game virtual items or other materials generated by or in the Game, for the purpose of attaining certain levels, to sell, trade, barter or auction (or facilitate the same) to and with other users or third parties for real world currency, goods, or services, or otherwise. You may not modify, translate, reverse engineer, derive source code from, decompile or disassemble any part of the Game, including the Game Software or Server Software, or otherwise reduce any of the same to a human-perceivable form.

You acknowledge and agree that the Game and any copies of the Game are, or will be deemed to be, protected by applicable copyright, trademark, trade dress, patent, trade secret and other intellectual property laws and treaties. You further acknowledge and agree that all right, title, and interest in and to the Game, including all applicable copyright, trademark, trade dress, patent, trade secret, and/or and other proprietary and intellectual property rights (inclusive of any images, photographs, animations, artwork, locations, structural or landscape designs, concepts, teams, coaches, players and their respective names and logos, coaching points, Quick Cash, fantasy points, including any inventory of the same, plays, skills, dialog, themes, titles, stories, video, audio, voice-overs, audio-visual effects, sounds, music and musical compositions, recordings, text, applets, methods or systems of operation, or any source or object code incorporated into the Game by us or our contractors, representatives or agents, including any moral rights thereto and any related documentation), the accompanying printed materials, and any copies and derivative works thereof, is, and will at all times remain, the sole and exclusive property of QUICKHIT (as between you and QUICKHIT) and to the extent that the Game contains materials licensed by third parties, its licensors and suppliers. All rights not expressly granted are reserved by us, or to the extent applicable, our licensors and suppliers.

3. SERVICE.

You must accept the Terms of Service, inclusive of the Rules of Conduct, which is posted at http://www.quickhit.com/corporate/legal/terms-of-service and incorporated by reference herein, in order to download, access, use or play the Game.

Except as expressly permitted by QUICKHIT in writing, you may not use any unauthorized third party software to change game play and/or any other functionality in the Game, including automation tools, cheats, hacks and the like. The Game may be played only through our authorized server(s) maintained by QUICKHIT or its contractors, representatives, agents or through authorized websites. You may not create, provide or host any other means by which the Game may be intercepted, redirected, emulated or otherwise played in an unauthorized manner. You may not take any action which imposes an unreasonable or disproportionately large load on our server(s) or other infrastructure.

We reserve the right to transfer or cease operation of the Game at any time or to terminate your license and/or access to the Game at any time, without notice or refund, for any reason whatsoever, including, but not limited to, as a result of your breach of this License and/or the Terms of Service, inclusive of the Rules of Conduct, or if we are unable to verify or authenticate any information you provide to us, or if we discontinue the Game.

4. END USER CONTENT; OWNERSHIP.

When you create a team in the Game, you will be prompted to choose names, logos and colors for such team (and optionally, coaches and players) (collectively, "Game Names"). Your Game Names may not be contrary to the Terms of Service, inclusive of the Rules of Conduct, and may not violate any QUICKHIT or third party rights. Certain names may be banned by QUICKHIT (or its licensees or licensors) from time to time. You acknowledge and agree that QUICKHIT has the right to change your Game Names with or without notice, if your Game Name is banned, in violation of the Terms of Service, inclusive of the Rules of Conduct, or otherwise in its sole discretion. QUICKHIT has the right to post and display your Game Name(s) in connection with the Game.

As part of the Game experience, you can upload content and input language into the Game in various forms, such as in the selections you make for playing the Game (for example, Game Names and images, bios) and in the forums and other areas in the Game which enable you to communicate with other users (collectively, "Content"). You expressly acknowledge and agree that any Content you use in connection with the Game shall not: (a) infringe any copyright, trademark, trade dress, patent, trade secret, or any other proprietary or intellectual property right of any third party; (b) be profane, obscene, indecent or violate any applicable law or regulation; (c) defame, abuse, harass, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of any third party; (d) incite discrimination, hate or violence towards one person or a group because of their belonging to a race, a religion or a nation, or that insults the victims of crimes against humanity by contesting the existence of those crimes; (e) contain any viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the property of QUICKHIT or a third party; or (f) restrict or inhibit any other user from using and enjoying the Game as intended. We have no obligation to monitor Content and disclaim all liability with respect to such Content. We do reserve the right to review Content and take any actions we deem necessary, including, but not limited to, editing or removing Content you create and/or suspending or terminating your account and/or disabling your access to the Game.

You further expressly acknowledge and agree that all right, title and interest in and to Content you use in connection with the Game is, and will at all times remain, the sole and exclusive property of QUICKHIT (as between you and QUICKHIT). To the extent that you are deemed to have any right, title or interest in the Content (or any portion thereof) under applicable law, you hereby assign any such right, title or interest to QUICKHIT in perpetuity (or for the duration of the legal protection afforded the Content under applicable law), without additional consideration, under applicable copyright, trademark, trade dress, patent, trade secret, and any other intellectual property laws, including, but not limited to, the right to display, exploit, perform and use the Content for any and all legal purposes, inclusive of all modified and derivative works thereof, and/or to incorporate the Content in other works in any form, media, or technology now known or later developed. To the extent the foregoing assignment is deemed ineffective, you hereby grant to QUICKHIT, its successors and assigns, an exclusive, fully paid-up, irrevocable, sublicensable, transferable, worldwide license to display, exploit, perform and use the Content for any and all legal purposes, inclusive of all modified and derivative works thereof, and/or to incorporate the Content in other works in any form, media, or technology now known or later developed. To the extent permitted under applicable law, you hereby waive any moral rights and/or rights of authorship you may have and any and all rights of privacy and/or publicity in the Content (or any portion thereof).� You agree to execute any and all agreements or other written instruments which may be required to give full effect to the above assignment, license or waiver, as may be applicable reasonably requested by QUICKHIT.

5. PRIVACY.

You must accept the Privacy Policy which is posted at http://www.quickhit.com/corporate/legal/privacy-policy� and incorporated by reference herein, in order to create an account, which is required to download, access, use or play the Game. For security reasons, we caution you against giving out personally identifiable information (such as social security numbers, names and addresses, telephone numbers, driver's license numbers, credit or debit card numbers) to other users.� If you request any technical support from us, and we need to look at the contents of your personal computer or other devices to help you, you agree to allow such access to your computer or other devices.

6. NOTICES.

You agree that we may communicate with you via the email address you provided when creating your account regarding any subject related to the Game, this License, the Terms of Service, inclusive of the Rules of Conduct, the Privacy Policy and/or any other related agreements between us. In order to provide you with the most current version of the Game Software, you agree that we may upload necessary information from your personal computer and other devices, and may download updates, patches, modifications or expansions onto your personal computer and other devices, including, for example, in your internet browser. Notwithstanding the foregoing, you understand that we may release new versions, applications or sequels of the Game at any time without incurring any obligation to provide such releases to you pursuant to this License.

QUICKHIT may amend this License and/or the Terms of Service, inclusive of the Rules of Conduct, and the Privacy Policy at any time in its sole discretion. Any amendments to this License and/or the Terms of Service, inclusive of the Rules of Conduct, and the Privacy Policy shall be effective upon your first use of the Game after QUICKHIT makes such amendments available to you, including, but not limited to, by posting such amendments on our website at http://www.quickhit.com/corporate/legal. We recommend that you regularly review the License and/or the Terms of Service, inclusive of the Rules of Conduct, and the Privacy Policy available at http://www.quickhit.com/corporate/legal/eula, http://www.quickhit.com/corporate/legal/terms-of-service and http://www.quickhit.com/corporate/legal/privacy-policy respectively.

NO WARRANTIES; YOUR INDEMNIFICATION; LIMITED LIABILITY.

THE GAME IS MADE AVAILABLE TO YOU ON AN "AS IS" BASIS ONLY. QUICKHIT DOES NOT WARRANT THAT ACCESS TO OR USE OF THE GAME WILL BE UNINTERRUPTED OR ERROR-FREE, THAT YOU WILL BE ABLE TO ACCESS OR USE THE GAME AT ANY TIME OR IN ANY GEOGRAPHIC AREA, OR THAT THE GAME WILL MEET ANY PARTICULAR CRITERIA OF PERFORMANCE OR QUALITY. THE GAME MAY CONTAIN CERTAIN BUGS WHICH MAY CAUSE LOSS OF DATA, DAMAGE OR MALFUNCTION TO YOUR PERSONAL COMPUTER AND/OR DEVICES ON WHICH IT HAS BEEN DOWNLOADED AND/OR FROM WHICH IT HAS BEEN ACCESSED OR USED.

QUICKHIT (AND ITS DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, REPRESENTATIVES, AGENTS, LICENSORS, LICENSEES, SUPPLIERS, PARENTS, AFFILIATES, SUCCESSORS OR ASSIGNS) DOES NOT MAKE ANY WARRANTY OR REPRESENTATION, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, REGARDING THE GAME. ALL WARRANTIES AND REPRESENTATIONS, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, REGARDING THE GAME, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT ARE SPECIFICALLY DISCLAIMED.

YOU EXPRESSLY AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS QUICKHIT (AND ITS DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, REPRESENTATIVES, AGENTS, LICENSORS, LICENSEES, SUPPLIERS, PARENTS, AFFILIATES, SUCCESSORS OR ASSIGNS) FROM AND AGAINST ANY CLAIM, LIABILITY, LOSS, INJURY, DAMAGE, COST OR EXPENSE (INCLUDING REASONABLE ATTORNEYS' FEES) INCURRED BY QUICKHIT RELATED TO OR ARISING OUT OF YOUR USE OF THE GAME, INCLUDING, FOR THE AVOIDANCE OF DOUBT, CONTENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL QUICKHIT (AND ITS DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, REPRESENTATIVES, AGENTS, LICENSORS, LICENSEES, SUPPLIERS, PARENTS, AFFILIATES, SUCCESSORS OR ASSIGNS AND ANY OTHER PARTY WHO HAS BEEN INVOLVED IN THE CREATION, DEVELOPMENT, PRODUCTION, PROMOTION, MARKETING, HOSTING OR OPERATION OF THE GAME) BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY REASON WHATSOEVER, INCLUDING NEGLIGENCE, FOR ANY CONTRACT, CONSEQUENTIAL (INCLUDING INTERRUPTION, LOST DATA, LOST PROFITS OR ANY OTHER PECUNIARY LOSS), DIRECT, EXEMPLARY, GENERAL, INCIDENTAL, INDIRECT, PERSONAL INJURY (INCLUDING DEATH), PROPERTY, PUNITIVE, SPECIAL, TORT DAMAGES OR ANY OTHER DAMAGES OF ANY OTHER KIND OR NATURE, INCLUDING, BUT NOT LIMITED TO, LOSSES ARISING OUT OF OR IN CONNECTION WITH THE GAME OR ANY FAILURE OR DELAY TO PROVIDE ACCESS TO THE GAME, LOSSES TO USER TEAMS, PLAYERS, COACHING POINTS, QUICK CASH, FANTASY POINTS, STATISTICS, LEADER BOARD RANKINGS, AND ACCOUNTS, EVEN IF QUICKHIT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

THE ENTIRE LIABILITY OF QUICKHIT (AND ITS DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, REPRESENTATIVES, AGENTS, LICENSORS, LICENSEES, SUPPLIERS, PARENTS, AFFILIATES, SUCCESSORS OR ASSIGNS AND ANY OTHER PARTY WHO HAS BEEN INVOLVED IN THE CREATION, DEVELOPMENT, HOSTING, MARKETING, OPERATION, PRODUCTION OR PROMOTION OF THE GAME), AND YOUR EXCLUSIVE REMEDY WHERE NO EXCLUSIVE REMEDY HAS BEEN PROVIDED, AND YOUR SOLE ALTERNATE REMEDY SHOULD ANY EXCLUSIVE REMEDY HEREUNDER FAIL OF ITS ESSENTIAL PURPOSE, UNDER ANY PROVISION OF THIS LICENSE SHALL BE LIMITED TO ONE UNITED STATES DOLLAR (USD$1.00).

THE DISCLAIMERS AND LIMITATIONS IN THIS SECTION APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

8. EXPORT CONTROLS.

The Game Software may not be exported or re-exported into any country to which the U.S. has embargoed software, or to anyone on a prohibited list published by the U.S. government. You represent and warrant that you are not located in or a national or resident of any country on such lists.

9. WARNING CONCERNING THE RISKS OF EPILEPTIC SEIZURES AND THE PRECAUTIONS TO TAKE WHEN USING A VIDEO GAME � READ BEFORE WATCHING OR PLAYING.

CERTAIN INDIVIDUALS MAY EXPERIENCE EPILEPTIC SEIZURES OR LOSS OF CONSCIOUSNESS WHEN EXPOSED TO CERTAIN VISUAL IMAGES, INCLUDING FLASHING LIGHTS OR PATTERNS THAT MAY APPEAR IN VIDEO GAMES. THESE INDIVIDUALS MAY EXPERIENCE WHAT ARE CALLED "PHOTOSENSITIVE EPILEPTIC SEIZURES" WHILE WATCHING OR PLAYING VIDEO GAMES. THIS MAY BE EXPERIENCED BY INDIVIDUALS WHO HAVE NO HISTORY OF SEIZURES OR EPILEPSY. IF YOU EXPERIENCE SYMPTOMS LINKED TO AN EPILEPTIC CONDITION (SEIZURES OR DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, AND INVOLUNTARY MOVEMENT OR CONVULSIONS) IN THE PRESENCE OF LIGHT STIMULATIONS, IMMEDIATELY DISCONTINUE USE AND CONSULT YOUR DOCTOR BEFORE WATCHING OR PLAYING VIDEO GAMES.

ALL USERS SHOULD FOLLOW THESE PRECAUTIONS WHEN WATCHING OR PLAYING VIDEO GAMES: (I) AVOID PLAYING IF YOU ARE TIRED OR IF YOU LACK SLEEP; (II) ENSURE THAT YOU ARE PLAYING IN A WELL LIT ROOM; AND (III) WHEN PLAYING, TAKE TEN TO FIFTEEN MINUTE BREAKS EVERY HOUR.

10. MISCELLANEOUS.

This License, the Terms of Service, inclusive of the Rules of Conduct, and the Privacy Policy incorporated by reference herein, and all updates and amendments, constitute the entire agreement between you and QUICKHIT with respect to, the Game Software, the Server Software and the Game, and such agreements supersede all prior or contemporaneous communications, whether electronic, oral or written, between you and QUICKHIT with respect to the same.�

You represent and warrant that you have not relied on any statements by or communications from QUICKHIT in choosing to enter into this License. You further agree and acknowledge that you are not considered, and will not represent yourself as, an employee, contractor, representative or agent of QUICKHIT. This License will be binding upon and inure to the benefit of QUICKHIT (and, to the extent applicable, its licensors, licensees, suppliers, parents, affiliates, successors or assigns). You may not assign this License, in whole or in part, without QUICKHIT's prior written consent. We may assign this License, in whole or in part, at any time with or without notice to you. No waiver of any default, condition or breach of this License will constitute a waiver of any other default, condition or breach of this License or any other agreement between you and QUICKHIT. You hereby acknowledge that QUICKHIT's licensors and suppliers, including for the avoidance of doubt, NFL Enterprises LLC, are third-party beneficiaries of this License and have the right to bring an action directly against you for a breach or threatened breach of this License and/or the Terms of Service, inclusive of the Rules of Conduct.

This License will be governed by the laws of the Commonwealth of Massachusetts and you agree that any action at law or in equity arising out of or relating to this License will be filed, and that venue properly lies, only in state or federal courts located in Suffolk County, Massachusetts, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. If any provisions of this License are held to be invalid or unenforceable under applicable law, including, but not limited to, the warranty and limitation on liability set forth above, you agree that such invalid or unenforceable portion will be limited or excluded from this License to the minimum extent required so that this License will otherwise remain in full force and effect and enforceable. You further agree to replace any such invalid or unenforceable portions with valid and enforceable provisions designed to achieve, to the extent possible, the intent of such invalid and unenforceable provisions. A printed version of this License and of any notices given or made available to you in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this License to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. All notices given by you or required under this License shall be in writing and addressed to:� Quick Hit, Inc., 16 Chestnut Street, Foxboro, Massachusetts 02035, U.S.A. Attn: General Counsel.

© 2008, 2009, 2010 Quick Hit, Inc. All rights reserved. QUICKHIT, the QUICKHIT logo, QUICKHIT Football, QUICKHIT Sports and XL Sports are trademarks or registered trademarks of Quick Hit, Inc. in the U.S. and/or other countries. © 2010 NFL Enterprises. Team names/logos/indicia are trademarks of the teams indicated.  All other NFL-related trademarks are trademarks of the National Football League. Vince Lombardi� licensed by Luminary Group LLC, www.VinceLombardi.com. "Heavy Action" Courtesy of APM Music.� All other trademarks are the property of their respective owners. Actual coaches, players and certain other individuals are used in the Game with permission.� Any resemblance to any other individuals is coincidental.