Terms of USE Agreement

Downloadable Games

Entering Games into

from the NinSoft Store

Design Challenges

The Nintendo DS System (“DS”) comes equipped with the ability for wireless game play through the use of the Nintendo Wi-Fi Connection service and access to the Internet through the use of the Nintendo DS Browser, which must be purchased separately, (collectively the “Service”). Such Service is provided by Nintendo of America Inc., together with its subsidiaries, affiliates, agents, licensors and licensees (collectively, “Nintendo,” and sometimes referenced herein by “we” or “our”). Nintendo provides the Service to you subject to the terms of use set forth in this agreement (“Agreement”).

PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING THE SERVICE AND/OR DS. BY USING THE SERVICE AND/OR DS, YOU ARE AGREEING TO BE BOUND BY THIS AGREEMENT.

The terms of use contained in this Agreement shall apply to you until you no longer use or access the Service, or until your use of the Service is terminated. If at any time you no longer agree to abide by these or any future terms of use, your only recourse is to immediately cease use of the Service. We reserve the right, at our sole discretion, to change, modify, add, or delete portions of this Agreement and to discontinue or modify the Service at any time without further notice. Your continued use of the Service after any such changes, constitutes your acceptance of the new terms of use. It is your responsibility to regularly review this Agreement. You can review the most current version of this Agreement at any time by visiting www. NintendoWiFi.com/terms.

USER CONDUCT

It is important that you do your part to keep the Service a friendly and clean environment. In particular, you may not use the Service to:

Nintendo Wi-Fi Connection

You can freely download games from the NinSoft Store. There are three types of games: regularly scheduled weekly game additions, games made by well-known people, and games selected from Design Challenges.

Nintendo Wi-Fi Connection

You can enter games you’ve made into Design Challenges held by the NinSoft Store.

Try making games to match the current Design Challenge theme.

Select games will be made available for download from the NinSoft Store.

•Upload, transmit, or otherwise make available any content that is unlawful, harmful, harassing, or otherwise objectionable;

•harm minors in any way;

•misrepresent your identity or impersonate any person, including the use or attempt to use another’s user ID, service or system;

•manipulate identifiers in order to disguise the origin of any content transmitted through the Service;

•upload, post, email, transmit or otherwise make available: (a) any content that you do not have a legal right to make available; (b) any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; (c) any unsolicited or unauthorized advertising or promotional materials (e.g. “spam”); or (d) any material that contains software viruses or similar code or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.

•use any portion of the Service for any unlawful purpose;

•engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Services or networks connected to the Service; or

•undertake any other act that we determine to be harmful or disruptive to Nintendo, the Service, any user, or any other third party, as set forth in a revised version of this Agreement.

Further, you agree not to post, reveal or otherwise make available any personal information, such as your real name, birth date, age, location, e-mail address or any other personally identifiable information (“Personal Information”), on or through the Service, as any Personal Information provided by you may be visible to others.