WIRELESS ALERTS END USER LICENSE AGREEMENT

DO NOT AGREE TO RECEIVE CBS WIRELESS ALERTS UNLESS YOU HAVE READ AND AGREE TO BE BOUND TO THE TERMS SET FORTH IN THIS END USER LICENSE AGREEMENT. BY ACCESSING, RECEIVING OR DOWNLOADING ANY CBS WIRELESS ALERTS YOU AGREE TO THE TERMS SET FORTH IN THIS END USER LICENSE AGREEMENT.

CBS Interactive ("CBS") provides its various wireless alerts services ("Wireless Alerts") to you ("you" or "your"), subject to this Wireless Alerts End User License Agreement ("EULA"), which may be updated by CBS from time to time without notice to you. It is important for you to refer to this EULA from time to time to make sure that you are aware of any additions, revisions, or modifications that we may have made to this EULA. You can review the most current version of this EULA at any time at the web site where this EULA is posted ("Wireless Alerts Site"). Please also review the Terms of Service and Privacy Statement posted at the Wireless Alerts Site, which are also applicable to the Wireless Alerts (provided that, in the event of any conflict, this EULA controls).

1. Definitions.

"Wireless Device" means wireless devices that have the required technology and are able to receive Wireless Alerts.

2. License, Proprietary Rights and Restrictions on Use.

United States. Wireless Alerts are only available to users who are eighteen (18) years of age or older and located in one of the fifty (50) United States or the District of Columbia (collectively, the "Territory") and are not available to end users in any other location.

Wireless Content License. Subject to your compliance with this EULA, CBS will grant you a personal, non-transferable, non-commercial, non-exclusive, limited, revocable license, to view the Wireless Content in the form delivered to you only solely on your Wireless Device.

No Sublicense or Sale of Wireless Content. Nothing in this EULA will be interpreted to grant, and CBS does not grant you, any right or license to enter into sublicenses or redistribution agreements with respect to any portion of the Wireless Content or to otherwise rent, sell, lease, loan, transfer, assign, broadcast, upload to any computer or wireless device, sublicense, distribute or allow access to the Wireless Content. You agree that you will not charge any person or entity to view or otherwise access any Wireless Content or disseminate any Wireless Content in any manner to the public (for free or for a fee).

Proprietary Rights. You acknowledge and agree that, as between you and CBS, CBS owns and retains all rights, title and interest in and to the Wireless Content, including, without limitation, all copies thereof and all rights to patents, copyrights, trademarks, service marks, trade identities, trade secrets and other intellectual property and proprietary rights inherent therein and appurtenant thereto. Except as expressly set forth in the paragraph entitled Wireless Content License of this EULA, nothing in this EULA will be interpreted to grant you any right or license in any CBS trademark, tradename, service mark, insignia, slogan, name, emblem, logo, symbol, design software, images, artwork, copyrighted works, copy, information, data, knowledge, patents, other identifying characteristics, or any other material or information of any kind owned by or associated with CBS, its parents, subsidiaries or affiliates, in any manner whatsoever. Any and all rights to use any Wireless Content not expressly granted to you under this EULA are hereby reserved for CBS and/or its licensors. Nothing contained in this EULA will affect, impair, or limit in any way CBS' rights to exploit fully any or all of the Wireless Content. CBS also reserves the right to include advertisements in the Wireless Content, regardless of the fees charged to you by your wireless provider or CBS.

Copyright Notices. The Wireless Content is protected by U.S. copyright laws, international conventions and other copyright laws, and is owned or controlled by CBS and/or its licensors. You will abide by any and all additional copyright notices, information, or restrictions contained in the Wireless Content or as CBS otherwise may impose from time to time. Moreover, you agree that you will not remove any proprietary notices or labels contained in or on the Wireless Content.

Further Restrictions. You represent, warrant and covenant that you will not reverse engineer, decompile, circumvent, translate, modify, obscure or develop derivative works based on the Wireless Content. You agree that you will not transfer or copy any Wireless Content from the Wireless Device on which you originally received Wireless Content to any other device, including, without limitation, any computer, personal digital assistant, or other Wireless Device.

No Contest of Rights. You acknowledge and agree that, you will not, directly or indirectly, contest or challenge or aid or abet in contesting or challenging the validity or ownership of the Wireless Content or take any action whatsoever in derogation of CBS' rights therein or in breach of any terms and conditions contained in this EULA. You acknowledge and agree that you will not acquire or claim any rights in the Wireless Content or aid or abet anyone else in doing so.

3. Payments and Additional Requirements for Wireless Alerts.

Prices and Authorization. You acknowledge that your wireless provider may charge you fees for access to and receipt of the Wireless Alerts (including, without limitation, SMS [Short Messaging Service] fees and/or MMS [Multimedia Messaging Service] fees). You acknowledge and agree that you are solely responsible for all payments to your wireless provider in connection with your use of the Wireless Alerts. In addition to the above-mentioned wireless provider fees, you acknowledge that CBS may charge you an automatically recurring monthly subscription fee in exchange for providing access to the Wireless Alerts ("Monthly Fee") and you agree to pay the applicable charges and authorize CBS and its authorized agents to process all charges incurred by you. Any Monthly Fee charged by CBS will be disclosed on the Wireless Alerts Site and will appear on your Wireless Device bill or be deducted from your pre-paid balance. Until you affirmatively request to stop receiving Wireless Alerts (as set forth below), any Monthly Fee will be automatically charged as set forth above.

CBS reserves the right to charge or change premium prices for Wireless Alerts at any time, and does not provide price protection or refunds in the event of a price drop or promotional offering. CBS will notify you if a change in price is pending, and you will be asked to re-confirm your transaction.

Stop Wireless Alerts. To stop Wireless Alerts, you must text the word "STOP", "CANCEL", "END", "UNSUBSCRIBE" or "QUIT" to 55888 for ET To Go or 99888 for CBS News To Go and CBS Sportsline.com To Go. CBS will process your request automatically. If you stop subscription-based Wireless Alerts in the middle of a monthly cycle, you will not be charged for the following month, but you will not receive any refund for the current monthly billing cycle.

Refunds. CBS will not provide any refunds. However, if you have technical problems receiving the Wireless Alerts, please contact your carrier regarding your remedies.

No Equipment or Services Provided. CBS will not be obligated to, and you acknowledge that CBS will not, provide any wireless device or service or any other equipment or service in connection with your use of the Wireless Alerts. You will be solely responsible for all wireless devices and services through which you can access the Wireless Alerts and the Wireless Content. You agree that you are solely responsible for any upgrades required in order to receive or continue to receive Wireless Alerts.

Wireless Alerts Support. For assistance with the Wireless Alerts service or order/cancellation inquiries, please contact us at wirelessalerts@cbs.com, or call 1-800-915-9892. For assistance with billing questions, please contact your wireless carrier directly.

4. Accounts

If you choose to provide information to CBS, you agree to provide only true, accurate, current and complete information and you agree to update that information to ensure that it remains current and accurate. If you create a user account, you agree to accept responsibility for all activities that occur under your account or password, if any, and agree you will not sell, transfer or assign your user account. You are responsible for maintaining the confidentiality of your password, if any, and for restricting access to your computer so that others may not access any password protected information or portion of a CBS web site using your name, user name or password in whole or in part. CBS will not be liable to you for any loss or damage arising from your account.

5. Additional Restrictions

You agree not to do any of the following in connection with Wireless Alerts:

1. impersonate any person or entity;
2. violate any applicable local, state, federal or international law, rule or regulation; or
3. use information, a wireless account number, a Wireless Device or any financial information that does not belong to you or for which you do not have permission to use.

6. Disclaimer of Warranties.

YOU UNDERSTAND THAT THE WIRELESS ALERTS MAY NOT BE AVAILABLE ON ALL WIRELESS CARRIERS AND WIRELESS DEVICES AND THAT IT IS YOUR RESPONSIBILITY TO ENSURE THAT YOUR WIRELESS DEVICE IS COMPATIBLE WITH THE WIRELESS ALERTS. THE WIRELESS ALERTS, INCLUDING, WITHOUT LIMITATION, ALL WIRELESS CONTENT, SOFTWARE, DOCUMENTS, FUNCTIONS, MATERIALS, GRAPHICS, AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH OR SENT VIA THE WIRELESS ALERTS OR ANY CBS WEB SITE, ARE PROVIDED "AS IS," "AS AVAILABLE," AND "WITH ALL FAULTS." TO THE FULLEST EXTENT PERMISSIBLE BY LAW, CBS AND ITS PARENTS, SUBSIDIARIES AND AFFILIATES MAKE NO REPRESENTATION OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER ABOUT: (A) THE WIRELESS CONTENT MADE AVAILABLE TO YOU THROUGH THE WIRELESS ALERTS; (B) THE MATERIALS, INFORMATION AND FUNCTIONS MADE ACCESSIBLE BY THE SOFTWARE USED ON OR ACCESSED THROUGH THE WIRELESS ALERTS; (C) THE ABILITY OF THE WIRELESS ALERTS TO WORK WITH ANY PARTICULAR WIRELESS DEVICE OR WIRELESS CARRIER; OR (D) ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION THROUGH THE WIRELESS ALERTS, YOUR WIRELESS DEVICE, OR ANY CBS WEB SITE. CBS DOES NOT WARRANT THAT THE WIRELESS ALERTS, THE FUNCTIONS CONTAINED IN THE WIRELESS ALERTS OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE COMPLETE, ACCURATE, UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE WIRELESS ALERTS OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

CBS DOES NOT REPRESENT OR WARRANT THAT YOUR ACTIVITIES OR USE OF THE WIRELESS ALERTS IS LAWFUL IN ANY PARTICULAR JURISDICTION AND, IN ANY EVENT, SPECIFICALLY DISCLAIMS SUCH WARRANTIES. YOU UNDERSTAND THAT BY USING ANY OF THE FEATURES OF THE WIRELESS ALERTS, INCLUDING, WITHOUT LIMITATION, THE WIRELESS CONTENT, YOU ACT AT YOUR OWN RISK, AND YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE WIRELESS ALERTS, INCLUDING, WITHOUT LIMITATION, THE WIRELESS CONTENT. FURTHER, CBS AND ITS PARENTS, SUBSIDIARIES AND AFFILIATES DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE.

SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION'S LAW IS APPLICABLE TO THIS EULA.

7. Limitation of Liability.

NEITHER CBS NOR ITS PARENTS, SUBSIDIARIES OR AFFILIATES WILL BE LIABLE FOR THE USE OF THE WIRELESS ALERTS OR ANY DAMAGE TO ANY USER'S COMPUTER OR WIRELESS DEVICE, INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION.

UNDER NO CIRCUMSTANCES WILL CBS OR ITS PARENTS, SUBSIDIARIES, OR AFFILIATES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY, ECONOMIC, PUNITIVE OR CONSEQUENTIAL DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, OR THE PERFORMANCE OF, THE WIRELESS ALERTS, ANY CBS WEB SITE OR YOUR WIRELESS DEVICE OR ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY CBS OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR USE OF THE WIRELESS ALERTS, ANY WIRELESS CONTENT, ANY CBS WEB SITE OR YOUR WIRELESS DEVICE, EVEN IF FORESEEABLE OR CBS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND WHETHER IN AN ACTION BASED IN TORT, CONTRACT, STRICT LIABILITY, NEGLIGENCE OR OTHERWISE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT WILL CBS' TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED THE MONTHLY CHARGE FOR THE MONTH IN WHICH THE ALLEGED DAMAGE, LOSS, OR CAUSE OF ACTION WAS INCURRED (AND, IN THE EVENT THERE IS NO SUCH MONTHLY CHARGE, THEN YOU AGREE THAT CBS SHALL HAVE NO LIABILITY WITH RESPECT THERETO.

YOU RECOGNIZE AND CONFIRM THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF CBS' ACTS OR OMMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY PROPERTY, PRODUCT, PROGRAM, TELEVISION SHOW OR MOTION PICTURE OWNED OR CONTROLLED BY CBS AND/OR ITS PARENTS, SUBSIDIARIES, AND/OR AFFILIATES, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY SUCH PROPERTY, PRODUCT, PROGRAM, TELEVISION SHOW OR MOTION PICTURE OR ANY AND ALL ACTIVITIES OR ACTIONS RELATED THERETO.

BY AGREEING TO THIS EULA, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."

8. Indemnity.

You agree to defend, indemnify and hold harmless CBS and its parents, subsidiaries, and affiliates with respect to any and all costs, claims, demands, investigations, liabilities, losses, damages, judgments, settlements, costs and expenses, including attorneys' fees arising out of or in connection with your breach of this EULA, including, without limitation, your use of the Wireless Alerts, the Wireless Content, or a CBS web site. Notwithstanding the foregoing, CBS retains the exclusive right to settle, compromise and pay any and all claims, demands, proceedings, suits, actions or causes of actions which are brought against CBS under the terms and provisions of this Section 8 and in no event will you settle any such claim without CBS' prior written approval.

9. Governing Law; Jurisdiction and Venue.

THIS EULA AND THE INTERPRETATION OF ITS TERMS WILL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF CALIFORNIA WITHOUT REGARD TO ITS CONFLICTS OF LAWS RULES AND SPECIFICALLY WILL NOT BE GOVERNED BY THE UNITED NATIONS CONVENTIONS ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS, IF OTHERWISE APPLICABLE. Any cause of action filed by you with respect to this EULA or use of the Wireless Alerts must be filed within ninety (90) days after the occurrence of the facts giving rise to the cause of action, otherwise the cause will be forever barred.

10. Termination/Modification.

You understand and agree that CBS may modify, suspend or discontinue the availability of the Wireless Alerts. CBS may also impose limits on certain features and services or restrict or deny your access to parts or all of the Wireless Alerts in its sole discretion without notice or liability of any kind.

You understand and agree that CBS will determine your compliance with this EULA in its sole discretion. CBS reserves the right to terminate this EULA at any time in its sole discretion without notice or liability of any kind. Any violation of this EULA may be referred to law enforcement authorities. Upon termination of your user account or the license granted by CDS, you must destroy all materials obtained from CBS and all related documentation, including, without limitation, any Wireless Alerts. In the event of any termination by CBS, you will not be entitled to any refund of any Monthly Fee or other fees.

11. Miscellaneous.

You agree to comply with all rules, laws and regulations that are applicable to your use of the Wireless Alerts, including, without limitation, those governing your transmission or use of any software or data. This EULA contains the sole and entire agreement between the parties with respect to the subject matter of this EULA and supersedes any and all other prior or contemporaneous written or oral agreements pertaining thereto. Captions contained in this EULA are inserted only as a matter of convenience or for reference and in no way define, limit, extend, or describe the scope of this EULA or the intent of any provision of this EULA. No waiver of any of the terms in this EULA will be of any force or effect unless made in writing and signed by a duly authorized officer of CBS. It is the intent of the parties to this EULA that neither this EULA, nor any covenant in this EULA, will be construed against either party pursuant to the common law rule of construction against the drafter. It is the intent of the parties to this EULA that said rule not be applicable to this EULA. You may not assign or transfer any of the rights or obligations that arise under this EULA to any third party without the prior written consent of CBS. If any provision of this EULA will be held invalid or unenforceable by any court of competent jurisdiction or as a result of future legislative action, such holding or action will be strictly construed and will not affect the validity or effect of any other provision of this EULA.