By virtue of your use of the attached Interactive Press Kit CD, you (the recipient) agree that any and all images and other works (Images) provided by Nintendo of America Inc. (Nintendo) to you are provided subject to, and you agree to be bound by, the following terms and conditions (the "Agreement"):

1. Except as otherwise indicated below by *,™,® and © are intellectual properties of Nintendo. In addition, Nintendo owns and retains copyrights to the Images. No trademark and/or copyright license (either express or implied) is granted to the recipient, provided, however, that the recipient may reproduce the Images without any alteration and solely for non-promotional, non-commercial and/or editorial purposes. The recipient is not authorized to make the Images available to third parties for downloading electronically.

2. To the extent the Images include any (a) trade name, trademark or service mark owned by a third party, or (b) likeness of or reference to a third party, the recipient is responsible for obtaining appropriate permissions and licenses from such third party.

3. THE IMAGES ARE PROVIDED TO THE RECIPIENT AS IS. ALL IMPLIED WARRANTIES ARE HEREBY DISCLAIMED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF TITLE, INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE.

4. This Agreement: (a) will be governed by the laws of the State of Washington, exclusive of Washington's choice of law rules; (b) constitutes the entire agreement between the parties, and supersedes any and all other agreements, understandings, and communications between the parties related to the Images; and (c) may only be amended or otherwise modified by a written instrument executed by an authorized representative of Nintendo.

I AGREE