END USER LICENSE AGREEMENT

This End User License Agreement (“EULA”) is an agreement between you and Harmonix Music Systems, Inc.
("Harmonix" or “our” or “we” or “us”) in relation to Harmonix’s game entitled Rock Band VR.

USE OF ROCK BAND VR, INCLUDING ANY UPDATES THERETO, ANY ONLINE, NETWORK,
CONNECTED AND/OR INTERNET PLAY, FUNCTIONALITY, FEATURES AND SUPPORT FOR ROCK
BAND VR, DOWNLOADS ASSOCIATED WITH ROCK BAND, THE ROCK BAND VR SOFTWARE, AND
ANY ASSOCIATED PHYSICAL MEDIA, PRINTED MATERIALS AND DOCUMENTATION FOR ROCK
BAND (COLLECTIVELY, THE “GAME”) IS SUBJECT TO THIS END USER LICENSE AGREEMENT
(“EULA”). BY DOWNLOADING THE GAME, INSTALLING THE GAME, OPENING THE GAME
PACKAGING OR OTHERWISE USING THE GAME, YOU ACCEPT ALL TERMS AND CONDITIONS SET
OUT IN THIS EULA WITH HARMONIX. IF YOU DO NOT AGREE TO THIS EULA AND YOU REJECT
HARMONIX’S OFFER, YOU MAY NEITHER INSTALL NOR USE THE GAME OR THE SOFTWARE (AS
DEFINED BELOW).

EACH TIME YOU USE THE GAME AND/OR THE SOFTWARE (INCLUDING AS IT MAY BE UPDATED,
UPGRADED OR EXPANDED FROM TIME TO TIME IN HARMONIX’S SOLE DISCRETION, YOU WILL BE
DEEMED TO HAVE ACCEPTED THE TERMS OF THIS EULA (INCLUDING ANY AMENDMENTS OR
UPDATES THAT MAY HAVE BEEN MADE FROM TIME TO TIME). ALL USE OF THE SOFTWARE AND
GAME IS SUBJECT TO THIS EULA, OUR TERMS OF USE AGREEMENT
(WWW.HARMONIXMUSIC.COM/TERMS), PRIVACY POLICY
(WWW.HARMONIXMUSIC.COM/PRIVACY), USER CONTENT SUBMISSION POLICY
(WWW.HARMONIXMUSIC.COM/USER-CONTENT), AND ANY OTHER ADDITIONAL AGREEMENTS WE
HAVE PROVIDED TO YOU AND THAT YOU HAVE AGREED TO BE BOUND BY (“ADDITIONAL
AGREEMENTS”), WHICH ARE INCORPORATED BY REFERENCE INTO THIS EULA.

BY DOWNLOADING THE GAME, INSTALLING THE GAME, OPENING THE GAME PACKAGING OR
OTHERWISE USING THE GAME, YOU WARRANT THAT YOU HAVE READ THIS EULA AND THE
ADDITIONAL AGREEMENTS, YOU UNDERSTAND THE TERMS OF THIS EULA AND SUCH
ADDITIONAL AGREEMENTS, ALL INFORMATION PROVIDED BY YOU TO ACCESS THE GAME AND
SOFTWARE IS TRUTHFUL AND ACCURATE, AND YOU AGREE TO BE BOUND BY THIS EULA AND
SUCH ADDITIONAL AGREEMENTS ON BEHALF OF YOURSELF AND, IF YOU ARE UNDER THE AGE
OF 18, ON YOUR BEHALF BY YOUR PARENT OR LEGAL GUARDIAN.

HARMONIX RESERVES THE RIGHT TO AMEND THIS EULA AT ANY TIME BY POSTING ANY
AMENDMENTS AT WWW.ROCKBANDVR.COM/LICENSE. YOU AGREE TO CHECK SUCH WEBSITE
AND REVIEW THIS EULA PERIODICALLY TO FAMILIARIZE YOURSELF WITH ANY AMENDMENTS
THAT MAY OCCUR. YOUR CONTINUED USE OF THE GAME AND/OR THE SOFTWARE CONSTITUTES
YOUR ACCEPTANCE OF ANY SUCH AMENDMENTS. IF YOU DO NOT ACCEPT SUCH AMENDMENTS
OR ARE UNABLE TO CONTINUE TO REMAIN IN COMPLIANCE WITH THE EULA, THEN YOU MUST
IMMEDIATELY STOP USING THE GAME AND THE SOFTWARE. YOU MAY TERMINATE THIS EULA IN
ACCORDANCE WITH SECTION 4.

1. Application of this EULA and access to Software

This EULA governs your use of Harmonix’s Game client software, any updates, upgrades and expansions that
replace or supplement Harmonix’s Game client software, and all related documentation which are not distributed
with a separate license (collectively, the "Software").

This EULA does not give you any right to obtain reissues or replacements of the Software at any time; furthermore,
Harmonix or any third party service provider that may operate the Game (an “Operator”) is not obliged to supply
Software updates, upgrades or expansions, or even to operate or continue support the Game or Software, for an
indefinite period. In the event that Harmonix supplies any Software updates, upgrades or other modifications to the
Software, you agree that you may be required to install or patch the Software in the manner decided by Harmonix in
its sole discretion so as to continue Game play. Harmonix may also update the Game remotely, including without
limitation, the Software residing on your machine, without your knowledge, and you hereby grant Harmonix your
consent to deploy and apply such updates.

To gain access to the Software, you must (a) have acquired the Software (whether on Blu-ray, DVD-ROM, CDROM
or other physical media or by online download) by legal means, (b) have installed the Software on your device
and (c) have accepted this EULA.

The Software alone does not give you the right to play the Game. You are responsible for all taxes and costs of
acquiring any hardware, software or other products or services required to play the Game. To play the Game, you
may need to enter into a separate agreement with Harmonix or with an Operator, subject to additional terms
including terms of service, a privacy policy and/or a code of conduct. You may need to subscribe to an online
service, and provide additional information to create an account with Harmonix and/or an Operator (an “Account”).
Accounts may only be available to persons of legal age and, solely under the supervision of such persons, to any of
their children under the age of majority. If you are a minor, your parents, guardians or legal caregivers must
complete the registration procedure, whereby they must take all responsibility concerning the obligations set forth in
this EULA.

2. License Grant and Terms of Use

A. Grant

You acknowledge that the Software and the Game are owned by Harmonix and that they are protected by laws
governing copyright, trademark, intellectual property rights and all other property rights.

Under the terms of this EULA, and for purposes of your playing the Game, Harmonix grants you a personal, nonexclusive
license to install and use the Software and play the Game for your personal use solely as set forth in this
EULA and the accompanying documentation. Your acquired rights are subject to your compliance with this EULA.
Any commercial use is expressly prohibited.

The term of this EULA and your license to use the Software and Game thereunder shall commence on the date that
you install or otherwise use the Software, and shall terminate as set forth in Section 4.

Unless expressly permitted by Harmonix in writing or as required by applicable law, you are expressly prohibited
from reproducing, sub-licensing, broadcasting, modifying, adapting, renting, lending, leasing, distributing or
otherwise making publicly available the Software or rights to use the Software (including in particular the rental of
the Software through Internet Game Rooms or cyber-cafes)

Unless expressly permitted by Harmonix in writing, the reproduction of all or part of any hard-copy packaging or
documentation included with the Software recording media is prohibited.

B. Reservation of Rights and Restrictions

This Software is licensed, and not sold. You have acquired a license to the Software and your rights are subject to
this EULA. Except as expressly licensed to you herein, Harmonix reserves all right, title and interest in the Software
and the Game which you use the Software to play (including all characters, storyline, images, photographs,
animations, video, music, text and in-game virtual property), and all associated copyrights, trademarks, and other
intellectual property rights therein. The license granted under this EULA is limited to the intellectual property rights
of Harmonix and its licensors in the Software, as necessary to use the Software and play the Game as permitted
under this EULA, and does not include any rights to other patents or intellectual property. This EULA does not grant
any rights relating to any brands or services connected with the Software or Game.

Except to the extent permitted under applicable law, you may not decompile, disassemble, or reverse engineer the
Software by any means whatsoever. You may not extract code from all or part of the Software, or authorize any
third party to perform or to attempt to perform such operations on the Software. You may not remove, alter, or
obscure any product identification, copyright, or other intellectual property notices in the Software.

Except as expressly permitted by Harmonix, it is strictly prohibited to use the Software to connect with or play the
Game or any facsimile thereof on any servers that are not authorized by Harmonix or any Operator. In addition, you
may not emulate or operate such servers or assist any third party to do so.

Except as expressly permitted by Harmonix, it is also strictly prohibited to use any third-party software or any other
device with a view to modifying the Software in any way, intercepting or scanning Game traffic or communications,
changing the way the Game plays or playing in an abnormal manner or in a way that could impair the correct
operation of the Game. Such prohibited third party software or devices can include, but are not limited to, those in
the nature of “addons”, “hacks”, “cheats”, “trainers”, “mods”, or the like by any name. Except as expressly
permitted by Harmonix, the authorizations granted to you in accordance with this EULA may under no
circumstances be used for the purpose of creating or supplying any opportunity for third parties to access the Game,
including through server emulators or similar devices. Furthermore, you may not use the Software in a manner that
would impose an unreasonable or disproportionate burden on the infrastructure of Harmonix or any Operator.

C. No Rights over results of use of Software or over in-Game content

This EULA grants you a simple license to use the Software to play the Game. You have no rights to or in the Game
or its content.

You expressly acknowledge that all characters created and all objects or attributes acquired and developed during
Game play are an integral part of the Game and strictly remain the property of Harmonix. You further acknowledge
that the Software contains, without limitation, the following: (i) graphics, sound effects, music, visual animations
and text (hereafter referred to as "Content") to which you have no property rights and no intellectual property rights,
and (ii) other content, including contributions by users of the Game.

Where by applicable law you own certain copyrights over any Content created by you by using the Software and/or
the Game, you assign to Harmonix all and any intellectual and industrial property rights in all and any such Content.
Where such assignment is not possible, you grant to Harmonix any and all comprehensive, exclusive, perpetual,
worldwide and assignable rights to use all Content created by you by using the Software and/or the Game
immediately upon creation. These rights to use and/or utilize Content shall extend to all known forms of use and
include without limitation the rights to copy, reproduce, change, adapt, modify, process, translate the Content, the
rights to license and sub-license the Content to third parties, and to market, whether by way of leasing, renting, or
otherwise.

You acknowledge and agree that you have, except as may be expressly permitted by Harmonix, no right to and may
not sell, auction, give away, or in any way make available, whether free of charge or for a fee, any Content
(including any Content generated by yourself or any other user), character/avatar, object, item or any component of
the Software or Game, to another person. All of the aforementioned actions, especially those performed via online
auctions, forums or chat rooms, will therefore contravene the terms of this EULA. Over and above the violation of
the terms of this EULA, which will entitle Harmonix to terminate this EULA and your license to use the Software
and play the Game, you acknowledge that the unauthorized trading or other distribution of Game content is
detrimental to Harmonix’s image and that of the Game, and Harmonix reserves the right to seek compensation from
you to the fullest extent permissible by applicable law.

To the extent that you or we make audio edits to the licensed music content incorporated herein, neither you nor we
shall obtain any ownership or interest in the audio portion of any such derivative works of such licensed music
content, and as between you, us and the licensor of such music content, the licensor shall retain sole ownership in
any audio portion of such derivative works. The foregoing shall not apply to Harmonix’s graphical or gameplay
elements, or any non-audio elements added to any licensed music content (the ownership of which shall remain with
Harmonix).

D. User Content

Notwithstanding the above, in the event that the Game and Harmonix support the creation of user generated content
for the Game (“User Content”), the following terms shall apply. All User Content will be subject to the terms of
Harmonix’s User Content Submission Policy, which may be accessed at www.harmonixmusic.com/user-content and
be considered to be “User Content” as it is defined therein. You may also be subject to additional agreements with
respect to User Content that an Operator may require. We may allow you to create User Content for the game,
including, but not limited to, game levels, characters, environments, music, avatars, and weapons, and to offer such
User Content to other users of the Game. You agree you will not submit or attempt to submit, and we have the right
to reject, refuse to accept, remove or otherwise handle as we deem appropriate, any “Unauthorized Content” which
is defined as any User Content that is or could be construed as violating any of the terms and conditions of this
EULA, our User Content Submission Agreement, and/or any of the terms and conditions set forth in any Additional
Agreement, including, without limitation, User Content (i) infringing on a third party’s copyright or other
intellectual property rights; (ii) causing harm, harassing anyone or which may prevent, prohibit, inhibit, restrict or
otherwise impair others from using or enjoying the Software or the Game; (iii) providing unauthorized access to the
Software, Game or information of other users; (iv) that results in the modification, impairment, disruption, alteration
or interference with the use, features, functions, operation or maintenance of the Software or the Game; or (v) that
would otherwise violate any requirements, rules, terms or conditions, or laws that may be applicable to the Software
or the Game. You are solely responsible and liable for all User Content that you submit or otherwise make
available. You expressly agree to grant the rights set forth in Section 5 of the User Content Submission Policy with
respect to any User Content you submit, and expressly agree to the provisions set forth in Section 6 of the User
Content Submission Policy, including that you represent that you own the rights to the User Content you submit and
the right to grant all of the authorizations, permissions, approvals, consents, rights and licenses as described in this
EULA and the User Content Submission Agreement.

3. Respect for Privacy and Consent to Use of Data

To facilitate the provision of any updates or upgrades or expansions to the Software, any dynamically served
content, product support and other services to you, including marketing, tailored communications and online play of
the Game, you agree that Harmonix and third parties (including any Operators, if applicable) which are providing
Harmonix authorized services to you in connection with this Software ("Related Parties"), may collect, use, store
and transmit analytics, metrics, behavior data, game play statistics, technical and related information that identifies
your device, application software and peripheral hardware. Harmonix and the Related Parties may also use this
information, to improve our products and services and may share anonymous data with third parties.

By accepting this EULA, you expressly permit Harmonix to use the information provided to it, and to forward it to
its subsidiaries and licensees, companies affiliated to its group, and trading partners. You agree that Harmonix may
use any data stored by it to contact you from time to time. Harmonix agrees that its use of any information or data
collected or used by it in relation to the Software and Game will be stored and handled in accordance with
Harmonix’s privacy policy accessible at www.HarmonixMusic.com/privacy. Additional terms may apply to you in
certain jurisdictions.

If you are playing the Game through an Account with an Operator or other Related Party, you should also consult
the applicable privacy policy of that Related Party for any additional terms.

You further acknowledge that Harmonix or any Related Parties have a legitimate concern with monitoring your use
of the Software in playing the Game. You acknowledge that you have no guarantee of privacy with regard to your
communications and information within the Game or in relation to any ancillary services access through the use of
the Software (including but not limited to chat rooms or similar functions). Harmonix may also collect, use, store,
transmit and publicly display statistical data regarding game play (including scores, rankings and achievements), or
identify content that is created and shared by you with other players.

Harmonix reserves the right to monitor and store information that you send or receive using the Software, including
maintaining a copy of that information after your cessation of the use of the Software or play of the Game. This
information is collected in order to enable Harmonix to better know users and serve them, in particular as regards to
the provision of services associated with the Game. Information collected about you through your use of the
Software, may include, but is not limited to name, age, contact details including email address, system
configuration, Game play time, micro-transactions conducted, and other data that may be collected from time to
time.

4. Termination of the EULA

This EULA is effective until terminated.

Harmonix may terminate this EULA immediately without prior notice if you fail to comply or otherwise violate the
terms of this EULA, infringe the intellectual property rights of any third party, or manifestly endanger public order
or good moral standards as determined by us in our sole discretion. We may also decide to terminate this EULA in
the event that we terminate the operation of the Game.

You may terminate this EULA at any time by informing Harmonix in writing or by such means as may be
implemented for such purposes by Harmonix.

Promptly upon termination, you must cease all use of the Software and destroy all copies of the Software in your
possession or control. You acknowledge and agree that the termination of this EULA or permanent deletion of the
Software may render your Account and any in-game attributes or Content unusable, for which you will not hold
Harmonix in any way responsible.

Termination will not limit any of Harmonix’s other rights or remedies at law or in equity. Sections 2B-D and 6
through 16 of this EULA shall survive termination or expiration of this EULA for any reason.

5. Warranties

This Section is to be read subject to Sections 6 and 7.

You acknowledge that, owing to the complexity of computer technology, as well as the nature of online games
themselves and their play over a global communications network outside Harmonix’s control, Harmonix cannot and
does not guarantee that the Software, the Game and any updates, upgrades or expansions Software will run
permanently or uninterrupted on your device. Harmonix is not liable for delays or difficulties, especially of a
technical nature, that are due to circumstances beyond its control. Online, network, connected and/or Internet play,
functionality, features and support for the Game and the Software (“Online Services”) are provided solely on an “as
is” and “as available” basis and may be modified or discontinued without notice at any time and at the sole
discretion of Harmonix, without any legal, financial or other liability whatsoever. No warranty, either express or
implied, is made regarding the Online Services and under no circumstances shall any refunds, rebates or other sums
be owed and/or returned in connection with the modification or discontinuation of the Online Services.

6. Disclaimer of Warranties

TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE SOFTWARE, THE GAME
AND ALL OTHER SERVICES PROVIDED BY HARMONIX ARE PROVIDED TO YOU “AS IS,” WITH ALL
FAULTS, WITHOUT WARRANTY OF ANY KIND, AND YOUR USE IS AT YOUR SOLE RISK. THE
ENTIRE RISK OF SATISFACTORY QUALITY AND PERFORMANCE RESIDES WITH YOU. HARMONIX
AND HARMONIX’S LICENSORS DO NOT MAKE, AND HEREBY DISCLAIM, ANY AND ALL EXPRESS,
IMPLIED OR STATUTORY WARRANTIES, INCLUDING IMPLIED WARRANTIES OF
MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE,
NONINFRINGEMENT OF THIRD PARTY RIGHTS, AND WARRANTIES (IF ANY) ARISING FROM A
COURSE OF DEALING, USAGE, OR TRADE PRACTICE. HARMONIX DOES NOT WARRANT AGAINST
INTERFERENCE WITH YOUR ENJOYMENT OF THE SOFTWARE OR THE GAME; THAT THE
SOFTWARE OR THE GAME WILL MEET YOUR REQUIREMENTS; THAT OPERATION OF THE
SOFTWARE OR THE GAME WILL BE UNINTERRUPTED, VIRUS-FREE OR ERROR-FREE, OR THAT THE
SOFTWARE WILL BE COMPATIBLE WITH THIRD PARTY SOFTWARE OR THAT ANY ERRORS IN THE
SOFTWARE OR THE GAME WILL BE CORRECTED. NO ORAL OR WRITTEN ADVICE PROVIDED BY
HARMONIX, AN OPERATOR OR ANY AUTHORIZED REPRESENTATIVE SHALL CREATE A
WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON
IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A
CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY
TO YOU.

7. Limitation of Liability

TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, IN NO EVENT SHALL HARMONIX,
ITS SUBSIDIARIES OR ITS AFFILIATES BE LIABLE TO YOU FOR ANY PERSONAL INJURY, PROPERTY
DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF
GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION OR ANY OTHER FORM OF
DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES FROM
ANY CAUSES OF ACTION ARISING OUT OF OR RELATED TO THIS LICENSE, THE GAME OR THE
SOFTWARE, WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE), CONTRACT, STRICT
LIABILITY OR OTHERWISE, WHETHER OR NOT HARMONIX HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGE. SOME JURISDICTIONS DO NOT ALLOW A LIMITATION OF
LIABILITY FOR DEATH, PERSONAL INJURY, FRAUDULENT MISREPRESENTATIONS OR CERTAIN
INTENTIONAL OR NEGLIGENT ACTS, OR VIOLATION OF SPECIFIC STATUTES, OR THE LIMITATION
OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OR ALL OF THE ABOVE LIMITATIONS
OF LIABILITY MAY NOT APPLY TO YOU. EXCEPT AS REQUIRED BY APPLICABLE LAW, HARMONIX
SHALL NOT BE LIABLE TO YOU FOR ANY ACTS OR OMISSIONS BY AN OPERATOR. In no event shall
Harmonix’s total liability to you for all damages (except as required by applicable law) exceed the amount actually
paid by you for or in connection with the Software or Game.

8. Indemnity

BY USING THE GAME AND/OR THE SOFTWARE, YOU HEREBY AGREE TO INDEMNIFY AND HOLD
HARMONIX, ITS EMPLOYEES AND ITS DIRECTORS HARMLESS AGAINST ANY CLAIM, LIABLITY,
LOSS, INJURY DAMAGE, COST OR EXPENSE (INCLUDING REASONABLE SOLICITORS' FEES)
INCURRED BY HARMONIX ARISING OUT OF OR FROM YOUR USE OF THE SOFTWARE OR THE
GAME

Miscellaneous

9. Compliance with law

You must respect all applicable laws regarding the use of the Software and the Game.

10. Injunctive Relief

You agree that a breach of this EULA may cause irreparable injury to Harmonix for which monetary damages
would not be an adequate remedy and Harmonix shall in such event be entitled to seek equitable relief in addition to
any other remedies it may have hereunder or at law.

11. Governing Law

The laws of the Commonwealth of Massachusetts, excluding its conflicts-of-law rules, govern this EULA and/or
your use of the Game and Software; and you expressly agree that exclusive jurisdiction for any claim or action
arising out of or relating to this EULA and/or your use of the Software shall be the federal or state courts that cover
Boston, Massachusetts, and you expressly consent to the exercise of personal jurisdiction of such courts. Please note
that your conduct may also be subject to other local, state, national, and international laws.

12. Export & U.S. Government Restricted Rights

You agree to abide by U.S. and other applicable export control laws and agree not to transfer the Software to a
foreign national or national destination, which is prohibited by such laws, without first obtaining, and then
complying with, any requisite government authorization. You certify that you are not a person with whom Harmonix
is prohibited from transacting business under applicable law.

The Software has been developed entirely at private expense and are provided as "Commercial Computer Software"
or "restricted computer software." Use, duplication or disclosure by the U.S. Government or a U.S. Government
subcontractor is subject to the restrictions set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and
Computer Software clauses in DFARS 252.227-7013 or as set forth in subparagraph (c)(1) and (2) of the
Commercial Computer Software Restricted Rights clauses at FAR 52.227-19, as applicable. The
Contractor/Manufacturer is Harmonix Music Systems, Inc. 40 Broad St., Floor 7, Boston, Massachusetts 02109.

13. Third Party Beneficiaries

Notwithstanding anything in this EULA to the contrary, you hereby acknowledge that Harmonix’s licensors, as well
as any applicable Operator, are third-party beneficiaries of this EULA and have the right to bring an action directly
against you for a breach of this EULA to the extent required to enforce their respective rights in and to the Software
or Game.

14. Entire Agreement

Except as specifically set forth in this EULA, this EULA constitutes the entire agreement between you and
Harmonix with respect to the Software and supersedes all prior or contemporaneous understandings, either express
or implicit, regarding such subject matter, provided that this EULA shall coexist with, and shall not supersede, any
Additional Agreements. To the extent the terms of this EULA conflict with the Additional Agreements, the
conflicting terms in the Additional Agreements will govern. No amendment to or modification of this EULA will be
binding unless made in writing and signed by Harmonix. None of Harmonix’s, or any of Harmonix’s Operators,
distributors, agents, or any of their respective employees are authorized to make modifications or additions to this
EULA.

IN PARTICULAR, NOTHING IN THIS EULA MAY BE SUPERSEDED OR INVALIDATED BY ANY TERMS
OF SERVICE OFFERED TO YOU BY AN OPERATOR FOR THE PURPOSES OF USING THE SOFTWARE
TO PLAY THE GAME.

15. Severability and Survival

If any provision of this EULA is illegal or unenforceable under applicable law, the remainder of the provision shall
be amended to achieve as closely as possible the effect of the original term and all other provisions of this EULA
shall continue in full force and effect.

16. No Waiver

No failure to exercise, nor a delay in exercising, any right or any power hereunder shall operate as a waiver thereof,
nor shall any single or partial exercise of any right or power hereunder preclude further exercise of any other right
hereunder. In the event of a conflict between this EULA and any applicable purchase or other terms, the terms of
this EULA shall govern the relationship between you and Harmonix.

Harmonix Music Systems, Inc. 40 Broad St., Floor 7, Boston, Massachusetts 02109.