Last updated: October 10 2007

THIS IS AN IMPORTANT LEGAL AGREEMENT!
If you are under the age of 18, STOP! You must get your legal guardian or parent to read and accept the terms of this agreement.

Click the “I Accept” button if you are 18 or over and accept the terms of this agreement.

Click the “I Do Not Accept” button if you are over 18 and do not accept the terms of this agreement.

This is a binding agreement between you, an individual, and Nintendo Australia Pty Ltd ACN 060 566 083, 804 Stud Road, Scoresby, Victoria, Australia. In this agreement, Nintendo Australia Pty Ltd will be referred to as “Nintendo”, “we” or “us”.

Wii Network Service

Article 1: Wii Network Service.

This agreement covers your use of the Wii Network Service.
This agreement also includes the following documents:

• The Wii Network Service Code of Conduct (“Wii Code of Conduct”). The purpose of this document is to keep the Wii Network Service a friendly and safe environment.

• The Wii Network Service Privacy Policy (“Wii Privacy Policy”). This document provides you with an understanding of the use and security of the information that is submitted and collected through the Wii Network Service.

We strongly recommend that you review both of these documents before accepting the terms of this agreement. The complete versions of these documents are available at
http://www.nintendo.com.au

By accepting the terms of this agreement, you are also accepting all of the terms of these documents.

Article 2: Grant of Licence.

We grant you a personal, limited, non-exclusive, revocable licence to use the Wii Network Service, in accordance with this agreement. Specifically:

• The Wii Network Service is solely for your own personal recreational use. However, you are responsible for your use and for anyone else’s use of the Wii Network Service through your Wii Console, whether or not you give them permission to do so.

• You may not transfer or assign this licence to another person or entity, and any attempt to transfer or assign this licence will be void.

• You may not use or attempt to use the Wii Network Service for any commercial or illegal purpose, or in a way that may harm another person or company, or in an unauthorised or otherwise improper manner as we may specify from time to time.

• You are responsible for clearing all Content, including games and other software downloaded through the Wii Shop Channel Service, and any personal information, and all other stored sensitive information that is resident on your Wii Console prior to selling or otherwise transferring your Wii Console to any third party. If you acquire a used Wii Console, you are also responsible for clearing all Content, personal information, IE information which can identify you, and all other stored information that may be resident on that Wii Console at the time you acquire it.

• The Wii Network Service is licensed to you for use on your Wii Console only in Australia or New Zealand, depending on where you live.

WiiConnect 24

Article 3: WiiConnect 24.

By registering for the Wii Network Service, you agree that Nintendo may provide you with WiiConnect 24 and send to your Wii Console or post on the Wii Message Board electronic messages of any description.

Article 4: Upgrades and Changes.

Nintendo may upgrade any software distributed through WiiConnect 24 or change the Internet content of WiiConnect 24, in part or in whole, at any time.

Other

Article 5: Third Party Providers.

Nintendo may allow third parties to provide services and/or material for the Wii Network Service, including Content and Products.

Article 6: Intellectual Property.

Nintendo owns all right, title and interest in, or has the right to use and sublicense, the Wii Network Service and the Nintendo Intellectual Property. You do not obtain any interest in the Wii Network Service or the Nintendo Intellectual Property. Nintendo reserves all other rights.

Article 7: Prohibition of Duplication, Modification and Reverse-Engineering.

Only Nintendo has the right to host the Wii Network Service. Accordingly, you may not host, intercept, emulate or redirect the communication protocols used by Nintendo as part of the Wii Network Service, regardless of the method used to do so. Prohibited methods include, but are not limited to, protocol emulation, reverse engineering, modifying, adding components to, or using a utility program to host, the Wii Network Service, the Wii Console, the Nintendo Intellectual Property, or any portion of any of these. You may not create works based on the Nintendo Intellectual Property, or adapt, distribute or make the Nintendo Intellectual Property communicable to the public. Nintendo shall own all right, title and interest in any such works created, adapted, distributed or transmitted.

Article 8: Unauthorised Devices or Accessories.

Your Wii Console and the Wii Network Service are not designed for use with any unauthorised device or non-licensed accessory. You may not use any such device or accessory in connection with your Wii Console or Wii Network Service. Such use voids any warranty and is a breach of this agreement. Further, such use may lead to injury to yourself or others and may cause damage to your Wii Console and the Wii Network Service. Nintendo is not responsible for any damage or loss caused by the use of any such device or accessory.

Article 9: Parental Controls Function.

We provide the ability to limit access to certain features of the Wii Console and the Wii Network Service through a parental controls function. The Wii Console enables users to access Content that may be inappropriate for minors. If your Wii Console is used by individuals other than yourself, in particular if it is used by minors, we strongly recommend that you make use of the parental controls function to make sure that users of your Wii Console only obtain access to Content that is appropriate for their age. For details please see the Wii Operations Manual.

Article 10: Code of Conduct.

Your use of the Wii Network Service is subject to the Wii Code of Conduct, which prohibits all harmful, illegal or otherwise offensive conduct, including but not limited to conduct such as the following:

• Making, sharing or playing unauthorised copies of games or other Content on the Wii Console or downloaded through the Virtual Console.

• Making derivatives of Content or Products.

• Trying to access another person’s connection with the Wii Network Service without permission or trying to access any of our computers, hardware or networks used to provide the Wii Network Service.

• Doing anything illegal, discriminatory, defamatory, hateful, harassing, abusive, obscene, threatening or physically dangerous in connection with the Wii Network Service.

The complete Wii Code of Conduct may be found at http://www.nintendo.com.au and may be revised by us from time to time. It is your responsibility to review the Wii Code of Conduct periodically. If you do not have Internet access, please contact Nintendo Customer Service and they will mail you a current version of the Wii Code of Conduct, free of charge. If you do not agree to any future changes to the Wii Code of Conduct, it is your responsibility to cancel your Wii Network Service in accordance with this agreement.

Article 11: Submissions.

You should not send to Nintendo any creative or original materials such as ideas for toys, games or other products, or any creative suggestions, ideas, notes, drawings, concepts or other information.

Article 12: Protection of Personal Information.

Nintendo is committed to protecting the privacy and security of your personal information. We have developed the Wii Privacy Policy which may be found at http://www.nintendo.com.au and which may be revised by us from time to time, to provide you with information relating to the privacy, security, collection and use of information you submit through the Wii Network Service. Your use of the Wii Network Service is subject to the Wii Privacy Policy.

Here are a few important points to keep in mind with respect to the protection of your personal information:

• By using the Wii Network Service, you agree that we may monitor, record, and automatically download updates, patches, upgrades and software to your Wii Console to ensure that it and the Wii Network Service are current, and to disable unauthorised or illegal software on your Wii Console without notifying you, so far as this is necessary or helpful to enhance the Wii Network Service, to adapt it to reflect changes in technical or legal requirements and to prevent the circumvention of Nintendo technological protection measures or the use of any unauthorised device or accessory.

• Nintendo may monitor your use of the Wii Network Service and collect any information stored on you Wii Console. Any personal information we collect will be subject to the Wii Privacy Policy.

• As part of the Wii Network Service, Nintendo may provide you with the ability to create and use a friends list where you may store user IDs and email addresses provided to you by others (“Friends List”) and may also allow you to store other personal information on your Wii Console or the Wii Network Service. We do not represent the security of the contents of such Friends List or personal information from unauthorised third parties. You must take steps to clear your Friends List and any personal or sensitive information contained on your Wii Console or the Wii Network Service if you sell or otherwise transfer your Wii Console. If you do not do so or you do not safeguard your Wii Console from loss or misuse, an unauthorised person or entity could access and use your Friends List or your personal information. In addition, unauthorised persons may gain access to one or more Friends Lists or personal information that contain information about you or your friends without your knowledge. Nintendo will not monitor use of or access to individual Friends Lists and it is your responsibility to monitor your interactions, and those of your family, with other users of the Wii Network Service.

Article 13: Warranties.

This provision does not exclude, restrict or modify any statutory provision which implies non-excludable conditions and warranties into this Agreement. To the full extent permitted by law, the liability of Nintendo under such non-excludable conditions and warranties is limited to supplying the Wii Network Service again or the payment of the cost of having the Wii Network Service supplied again (whichever Nintendo chooses).

Otherwise, we provide the Wii Network Service, without express or implied warranty, undertaking, inducement or representation of any kind. This means that Nintendo does not guarantee that the Wii Network Service will always work properly or that it will be free from viruses, hacks or other harmful intrusions.

Article 14: Limitation on Claims.

To the extent permitted by law, any claim(s) you wish to allege against Nintendo related to the Wii Network Service must be commenced within three years after the date of the claim arising.

Article 15: Change, Suspension or Discontinuance of Wii Network Service.

We may change, suspend, or discontinue the Wii Network Service, or any feature or aspect of the Wii Network Service, at any time. This includes, but is not limited to the availability of the Wii Network Service, Content, Products, Points, and the number of Points required to redeem a particular Product or licence content.

Article 16: Limited Liability.

To the full extent permitted by law and subject to any non-excludable statutory condition or warranty, Nintendo's liability to you and any other person:

• is limited to the total amount you have ever paid for Points;

• does not include punitive, special, consequential or incidental damages (including claims for loss of data, Products, Content or Points);

• does not include liability to third parties. For example, if your friend is somehow harmed from using the Wii Network Service or the Wii Console, we are not responsible to you or your friend, or to anyone else. If another person somehow harms you while using your Wii Console or Wii Network Service, we are not liable to you for that other person’s actions.

These limitations on Nintendo’s liability apply to all matters relating to the Wii Network Service and the Wii Console, including your use of the Wii Network Service and your use of Products and Content that do not specify other limitations on liability. These limitations apply to any type of claim, including breach of contract, breach of warranty, strict liability, negligence or other tort.

If you breach this agreement, and we or another company or person is harmed by your breach, then you must indemnify Nintendo and its licensors and licensees from all of the losses and costs related to your breach.

Article 17: Expiration and Termination of Agreement.

• You may terminate this agreement by removing Content and Products from the Wii Console. If you terminate this agreement, you will automatically forfeit any rights to Points on your Wii Shop Channel Account. Termination of this agreement will prevent your use of the Wii Network Service.

• We may terminate this agreement, or any portion of this agreement, at any time, for any reason whatsoever. Such termination shall terminate any licenses granted in this agreement and may prevent your use of the Wii Network Service.

• If this agreement is terminated, the following Articles will remain in effect: (i) Intellectual Property; (ii) Governing Law and Legal Jurisdiction; and (iii) Agreement Interpretation.

• Any termination of this Agreement will automatically terminate any addendum to this Agreement.

Article 18: Agreement Updates.

Nintendo may change the terms and conditions of this agreement, including the Wii Code of Conduct and the Wii Privacy Policy which are both made a part of this agreement, at any time so far as this is necessary or helpful to enhance the service or to adapt it to reflect changes in technical or legal requirements.

A current version of this agreement will be available on the Internet at http://www.nintendo.com.au. We will post a message on the Wii Message Board informing you about a change to this agreement at least 5 days before the change becomes legally binding on you. If you do not agree to any such change, it is your responsibility to terminate this agreement in accordance with Article 17 of this agreement.

Article 19: Non-Assignability.

You are responsible for use of your Wii Console and the Wii Network Service by your friends and family. You may not assign this agreement to a third party.

Article 20: Governing Law.

You agree that this agreement and any claims you may have under it will be governed by the laws of Australia, without reference to conflict of laws principles.

Article 21: Agreement Interpretation.

If any part of this agreement is found to be invalid or unenforceable, that part of the agreement will no longer apply. You agree that the invalid part will be considered deleted from the agreement, but that all other parts of the agreement will remain in effect. You further agree that we may replace the invalid part by a provision which reflects or comes closest to reflecting the initial intention. You agree that this English language version of this agreement will control any legal dispute.

Article 22: Definitions.

“Content” means the software and content, which Nintendo owns, or has obtained the right to use, distribute or sublicense, and which is available for downloading or sent by Nintendo through the Wii Network Service or one or more channels on the Wii Network Service.

“Nintendo Intellectual Property” means all intellectual property associated with the Wii Console and the Wii Network Service, including but not limited to trade marks, service marks, logos, designs, copyrights, inventions, patents, trade secrets, know-how and other confidential and proprietary information which Nintendo developed, owns or is granted a licence to use.

“Points” means the points, which you purchase from Nintendo through the Wii Shop Channel Service or via Wii Points Cards sold or distributed by Nintendo or Nintendo’s promotional partners, and which may be used by you to obtain a licence to use Content or to purchase Products.

“Products” means any goods other than Content which are made available for purchase through the Wii Shop Channel Service.

“Wii Shop Channel Account” means a personal account that will be established for you upon acceptance of these terms and the Wii Shop Channel Service terms of use, and which you use to access the Wii Shop Channel Service.

“Wii Shop Channel Service” means the services related to the Wii Shop Channel Account, Points, Products, online store, and download service, all of which Nintendo directly or indirectly operates, as outlined in this agreement.

“WiiConnect 24” means the service whereby Nintendo can distribute software, material, email and other data to your Wii Console at any time and whereby you can send and receive emails, photographs and other material using your Wii Console.

“Wii Console” means Nintendo’s system sold and marketed by Nintendo under the Wii brand, including any succeeding systems and compatible systems.

“Wii Network Service” means the Wii Shop Channel Service, WiiConnect 24 and any related services and material delivered to your Wii Console over the Internet, including but not limited to Content, Products and Points.

Australia and New Zealand

The Wii Network Services are operated by:

Nintendo Australia Pty Limited (ABN 43 060 566 083)

804 Stud Road, Scoresby, Victoria 3179, Australia

Nintendo Customer Service +61 3 9730 9822

Website http://www.nintendo.com.au