TERMS & CONDITIONS
Welcome to the DIDMO, AB ("DIDMO") web site, WAP site, mobile device application and any other end-user Services owned or controlled by DIDMO (collectively, "DIDMO" or the "DIDMO Network"). DIDMO offers customers, users, and others who use the DIDMO Network (collectively, the "Users") to download game or application software (a "Game") to their mobile devices.

This Terms of Service Agreement is a legal agreement between you, either an individual or a single entity ("You," or, in the possessive form, "Your"), and DIDMO regarding Your use of the DIDMO Network and the Games or applications offered via any service controlled by DIDMO, and any related online or electronic documentation ("Documentation") (the Games and the Documentation collectively referred to herein as the "Games").

YOU SHOULD CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS BEFORE DOWNLOADING ANY GAME. BY ACCESSING, BROWSING OR USING THE DIDMO NETWORK OR DOWNLOADING, INSTALLING, COPYING OR OTHERWISE USING THE GAMES AND/OR BY CLICKING THE "I ACCEPT" BUTTON (OR LINK) FROM YOUR MOBILE PHONE OR ON ANY DIDMO CONTROLLED SITE, YOU ACKNOWLEDGE THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS, INCLUDING ANY GUIDELINES AND FUTURE MODIFICATIONS TO THIS TERMS OF SERVICE AGREEMENT (COLLECTIVELY, THE "TERMS").

IMPORTANT NOTICES: Normal carrier charges (WAP, GPRS, and SMS) and taxes may apply to text messages sent to You by the DIDMO Network, and to data transfers incurred when You download Games from DIDMO or any DIDMO Distribution Partner and when the advertisements (which allow DIDMO to provide such Games to You at no cost) are downloaded to Your mobile device. By using any SMS sending feature of the DIDMO or DIDMO Distribution Partner Site, including without limitation the "SMS yourself a download link" feature, You expressly agree and consent to receive SMS communications from the DIDMO and/or DIDMO Distribution Partner Site. By downloading, installing, copying, or otherwise using any Game, You expressly agree and consent to automatically receive advertisements from the DIDMO Site on Your mobile device within the Game You download.

IF YOU ARE UNDER THE AGE OF 18, THEN YOU AGREE TO REVIEW THESE TERMS AND CONDITIONS WITH YOUR PARENT OR GUARDIAN TO MAKE SURE THAT BOTH YOU AND YOUR PARENT OR GUARDIAN UNDERSTAND AND AGREE TO THIS AGREEMENT AND YOU AGREE TO HAVE YOUR PARENT OR GUARDIAN REVIEW AND ACCEPT THIS AGREEMENT ON YOUR BEHALF. IF YOU ARE A PARENT OR GUARDIAN ENTERING INTO THIS AGREEMENT FOR THE BENEFIT OF A CHILD UNDER THE AGE OF 18, THEN YOU AGREE TO AND ACCEPT FULL RESPONSIBILITY FOR THAT CHILD'S USE OF THE DIDMO SITE, DIDMO SERVICE, AND THE GAMES, INCLUDING ALL FINANCIAL CHARGES AND LEGAL LIABILITY THAT HE OR SHE MAY INCUR.
IF, AT ANYTIME, YOU DO NOT AGREE TO THESE TERMS, THEN PLEASE DO NOT ACCESS, BROWSE, OR USE THE DIDMO SITE, DO NOT DOWNLOAD ANY GAMES, AND PLEASE TERMINATE THESE TERMS IMMEDIATELY BY REMOVING ALL GAMES FROM YOUR MOBILE DEVICE.

The Services hereunder are offered by DIDMO AB located in Stockholm Sweden and email: support (at) DIDMO.com.

1. LICENSE GRANT; TERMINATION; CONSENTS; RESTRICTIONS.

(a) License Grant. Subject to Your compliance with the terms and conditions set out in these Terms, DIDMO hereby grants to You a personal, limited, non-exclusive, non-transferable, revocable license to use a single copy of the object code version of each Game You download on a single mobile device owned, leased, or, with authorization, primarily used by You.

(b) Termination. These Terms are effective until terminated. You may terminate these Terms at any time by uninstalling all Games, destroying all copies of the Games in Your possession, and cease all use of the DIDMO Network. Upon any termination, You agree to immediately uninstall the Games, destroy all copies of all Games, any accompanying documentation, and all other associated materials, and cease all use of the DIDMO Network. DIDMO reserves the right to terminate these Terms at any time if You are in breach of these Terms. Sections 1(d), 4, and 6 through 13 will survive any termination or expiration of these Terms.

(c) Advertisements and Updates. You acknowledge that DIDMO may automatically: (i) electronically deliver advertisements to Your mobile device, on a regular basis, within the Games that You download from the any DIDMO Service and (ii) from time to time electronically issue upgraded versions of certain Games and, accordingly, may upgrade the version of the Games that You are using on Your mobile device. You consent to such automatic delivery of advertisements and upgrading on Your mobile device, and agree that the terms and conditions of these Terms (as amended from time to time by notices posted on the DIDMO Site) will apply to all such advertisements and upgraded versions.

(d) License Restrictions. You understand, hereby acknowledge, and warrant not to:

(i) modify, disassemble, decompile or reverse engineer the Games, or allow anyone else to do so, except to the extent that such restriction is expressly prohibited by Applicable law;

(ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Games or any part of the games to any third party; use the Games to provide time sharing or similar Services for any third party; or use the Games for any commercial use, it being understood that they are for personal, non-commercial use only;

(iii) make any copies of the Games or allow anyone else to do so;

(iv) use the Games or the DIDMO Network to infringe the copyrights or other intellectual property rights of others in any way;

(v) use the Games or the DIDMO Network to attempt to penetrate, modify or manipulate the Games or the DIDMO Network or any of the hardware or software thereof, in order to invade the privacy of, obtain the identity of, or obtain any personal information about (including but not limited to IP addresses of) any the DIDMO Site account holder or user, or to modify, erase or damage any information contained on the computer of any user connected to the DIDMO Network;

(vi) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Games, features that prevent or restrict use or copying of any content accessible through the Games, or features that enforce limitations on use of the Games;

(vii) delete the copyright or other proprietary rights notices on the Games;

(viii) disable, obscure, or remove advertisements from the Games;

(ix) intentionally interfere with or damage operation of the DIDMO Network or the Games or any user's enjoyment of them, by any means, including without limitation, uploading or otherwise disseminating viruses, worms, or other malicious code.

2. INDIVIDUAL FEATURES AND SERVICE
When using the DIDMO Network, You will be subject to any additional posted guidelines or rules applicable to such Services which may be posted from time to time. All such Guidelines are hereby incorporated by reference into these Terms.

3. MODIFICATION OF THESE TERMS
DIDMO reserves the right, at its discretion, to change, modify, add, or remove portions of these Terms at any time. Please check these Terms and any Guidelines periodically for changes. Your continued use of the Games or the DIDMO Service after the posting of changes constitutes Your binding acceptance of such changes. For any material changes to these Terms, such amended terms will automatically be effective thirty (30) days after they are initially posted on the DIDMO Site.

4. OWNERSHIP OF GAME APPLICATIONS
The Games are the copyrighted proprietary material of DIDMO and/or its third-party licensors. Your license under these Terms is not a sale of the Games or any copy thereof and DIDMO or its third-party licensors retain all right, title, and interest in and to the Games (and any copies thereof). DIDMO and its third-party licensors reserve all rights not expressly granted under these Terms.

5. USE OF THE DIDMO SITE & SERVICES
The DIDMO Site enables Users to access and use Games. You agree that Your use of the DIDMO Site will be governed by the terms and conditions of these Terms (as amended from time to time by notices posted on the DIDMO Site). You also agree to comply with all other notices, terms and conditions posted on the DIDMO Site.

You will be asked to provide a username and password when You register on the DIDMO and Site. As You will be responsible for all activities that occur under Your username and password, You should keep Your password confidential. You must notify DIDMO immediately of any unauthorized use of Your password or if You believe that Your password is no longer confidential. DIDMO reserves the right to require You to alter Your password if DIDMO believes that Your password is no longer secure.

DIDMO respects the prerogatives of copyright owners to control commercial uses of their material, and expects its Users to do the same. You are responsible for complying with all federal and state laws, including copyright laws, applicable to the Games and other content available through the DIDMO Site and Service.

As a condition to the license to use the Games and to Your use of the DIDMO Site, You agree that You will not use the Games or the DIDMO Service to infringe the copyrights or other intellectual property rights of others in any way. You agree that any such infringement constitutes a material breach of these Terms and would cause irreparable harm to DIDMO and entitle DIDMO to receive equitable relief. You agree that You will indemnify and defend DIDMO against all liabilities, damages, claims, fines and expenses (including reasonable attorney's fees) arising out of any claim that You have infringed the copyrights or intellectual property rights of others.

6. RETRUN/CANCELLATION POLICY FOR DOWNLOADED SOFTWARE
A full refund will be provided within 30 days of purchase from DIDMO for software not received due to an error on DIDMO's part.

DIDMO cannot offer refunds for:

• Software that has a free trial version available at www.didmo.com or wap.didmo.com. Please try before you buy.
• Promotion codes not submitted or applied at the time of purchase. Please ensure to include these at time of purchase.

Refunds will be credited directly back to the card used for purchase in all other cases.

Software purchased for the wrong device or platform can be exchanged within 48 hours of purchase for the same title only. In cases where an equivalent title is not available for the device or platform a credit will be issued.

If you should still have a question or problem and need our help, please don't hesitate to Contact Us.

7. DISCLAIMERS; NO WARRANTIES.
THE DIDMO SERVICE, SITE, THE GAMES, AND ANY THIRD-PARTY SOFTWARE, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE DIDMO SERVICE OR THE GAMES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, DIDMO, ITS SUPPLIERS, LICENSORS, AND PARTNERS DISCLAIM ALL WARRANTIES AND CONDITIONS, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS.

DIDMO, ITS SUPPLIERS, LICENSORS, AND PARTNERS DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN ANY GAMES OR ON THE DIDMO SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE GAMES OR THE DIDMO SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

DIDMO, ITS SUPPLIERS, LICENSORS, AND PARTNERS DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE GAMES OR THE DIDMO SERVICE AND SITE IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT DIDMO, ITS SUPPLIERS, LICENSORS OR PARTNERS) ASSUME THE ENTIRE COST OF ANY NECESSARY SERVICING, REPAIR, OR CORRECTION. YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE GAMES AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA.

IF APPLICABLE LAW DOES NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, AND IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY, AND YOU MAY HAVE ADDITIONAL RIGHTS.

8. LIMITATIONS OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL DIDMO OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS, LICENSORS, OR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE, OR EXEMPLARY DAMAGES THAT RESULT FROM YOUR USE OR YOUR INABILITY TO USE THE GAMES, THE MATERIALS ON THE DIDMO SITE, OR ANY OTHER INTERACTIONS WITH DIDMO, EVEN IF DIDMO OR A DIDMO AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY PROVIDED HEREIN. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, DIDMO'S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

IN NO EVENT WILL DIDMO OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS, LICENSORS, OR SUPPLIERS TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE GAMES OR THE DIDMO SITE, INCLUDING WITHOUT LIMITATION YOUR INTERACTIONS WITH OTHER MEMBERS OF THE DIDMO SITE, (WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE, WARRANTY, OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE GAMES OR THE DIDMO SITE AND SERVICE DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DAY THE ACT OR OMISSION OCCURRED THAT GAVE RISE TO YOUR CLAIM OR ONE HUNDRED DOLLARS, WHICHEVER IS GREATER.

THESE LIMITATIONS WILL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF ANY PRODUCTS OR SERVICES SOLD OR PROVIDED BY THIRD PARTIES OTHER THAN DIDMO AND RECEIVED THROUGH OR ADVERTISED ON THE DIDMO SITE OR SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED ON THE DIDMO SITE.

APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, YOU AGREE THAT DIDMO'S LIABILITY WILL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

9. BASIS OF THE BARGAIN
You agree that the warranty disclaimers, exclusive remedies, and limitations on damages set forth above are fundamental elements of the basis of the agreement between you and DIDMO. You further agree that DIDMO would not be able to provide the Games, the DIDMO Site, and DIDMO Network to you on an economically reasonable basis without these limitations. You acknowledge and agree that the warranty disclaimers, exclusive remedies, and limitations on damages reflect a reasonable and fair allocation of risk between you and DIDMO. The above warranty disclaimer, exclusive remedies, and limitations on damages inure to the benefit of DIDMO licensors.

10. INDEMNIFICATION
You agree to indemnify, save, and hold DIDMO, its affiliated companies, and its suppliers, licensors, and partners harmless from any claims, suits, actions, losses, damages, and any other liabilities, including without limitation attorneys' fees, arising out of Your use or misuse of the Games, the DIDMO Site or Service, violation of these Terms, violation of the rights of any other person or entity, or any breach of the representations, warranties, and covenants made by You herein. DIDMO reserves the right, at its expense, to assume the exclusive defence and control of any matter for which You are required to indemnify DIDMO, and You agree to cooperate with DIDMO's defence of these claims.

11. DIGITAL MILLENNIUM COPYRIGHT ACT COMPLIANCE
It is DIDMO's policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act. In addition, DIDMO will promptly terminate without notice the accounts of publishers that are determined by DIDMO to be "repeat infringers." A repeat infringer is a publisher who has been notified by DIDMO of infringing activity violations more than twice and/or who has had a submitted game or application removed from any DIDMO property or service more than twice.

If You are a copyright owner or an agent thereof, and You believe that any content hosted on any DIDMO owned or controlled service infringes Your copyrights, then You may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing DIDMO's Designated Copyright Agent with the following information in writing: (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 on the applicable DIDMO Network are covered by a single notification, a representative list of such works on the applicable DIDMO Network; (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 DIDMO to locate the material; (iv) information reasonably sufficient to permit DIDMO 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 (for example, "I am under the good faith belief that the use of the copyrighted content that is identified herein is not authorized by the copyright owner, its agent, or the law."); and (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 (for example, "I swear, under penalty of perjury, that the information in this notification is accurate and that I am the copyright owner, or authorized to act on behalf of the copyright owner, of the copyright(s) that is allegedly infringed by the aforementioned content.").

DIDMO's Designated Copyright Agent to receive notifications of claimed infringement can be reached as follows: Attention: Copyright Agent at copyright@DIDMO.com. For clarity, only DMCA notices should go to the DIDMO Designated Copyright Agent. Any other feedback, comments, requests for technical support or other communications should be directed to DIDMO customer service through the support form. You acknowledge that if You fail to comply with all of the requirements of this section, Your DMCA notice may not be valid. Please note that under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.

12. MISCELLANEOUS.

(a) Notice. Except as explicitly stated otherwise, legal notices will be served on DIDMO's national registered agent or to the email address You provide to DIDMO during the registration process. Notice will be deemed given twenty-four (24) hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, DIDMO may give You legal notice by mail to a postal address, if provided by You through the DIDMO Site. In such case, notice will be deemed given three days after the date of mailing.

(b) Waiver. The failure of DIDMO to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by DIDMO.

(c) Governing Law. These Terms shall be construed in accordance with and
governed by the laws of Sweden, without reference to the choice and conflict
of law provisions thereof.

(d) Jurisdiction. You agree that any action at law or in equity arising out of or relating to these Terms or the DIDMO Site or DIDMO Network, including without limitation the Games, will be filed only in the country of Sweden, and You hereby consent and submit to the personal and exclusive jurisdiction of such courts for the purposes of litigating any such action. All disputes arising in connection with this Agreement which the parties hereto are unable to amicably settle themselves may at any time by either party be referred for final resolution to arbitration in accordance of the rules of the Arbitration Institute of the Stockholm Chamber of Commerce.

(e) Arbitration. Any dispute or claim arising out of or in connection with these Terms or Your use of the DIDMO Network, including without limitation the Games, shall be finally settled by binding arbitration in accordance of the rules of the Arbitration Institute of the Stockholm Chamber of Commerce in Sweden The proceedings shall be held in Stockholm. The language to be used shall be English. Evidence, may however, be presented in Swedish or English as the case may be. The parties agree that this arbitration is the exclusive remedy for any disputes.

(f) Severability. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions.

(g) Assignment. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by You, but may be transferred or assigned by DIDMO without restriction.

(h) Headings. The heading references herein are for convenience purposes only, do not constitute a part of these Terms, and will not be deemed to limit or affect any of the provisions hereof.

(i) Entire Agreement. This is the entire agreement between You and DIDMO relating to the subject matter herein and will not be modified except in a writing, signed by both parties, or by a change to these Terms by DIDMO.

(j) Claims. YOU AND DIDMO AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE GAMES OR THE DIDMO SITE OR SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

(k) Disclosures. The Services hereunder are offered by DIDMO AB located at: Holländargatan 27 113 59 Stockholm, Sweden