FOR ADDITIONAL INFORMATION OR ASSISTANCE ON THE NINTENDO WI-FI CONNECTION, GO TO WWW.NINTENDOWIFI.COM (USA, Canada and Latin America) or call 1-800-895-1672 (USA and Canada only) TTY Hearing Impaired: 800-422-4281 Record your MAC Address and Nintendo Wi-Fi Connection ID number here (see page 17): MAC Address Nintendo Wi-Fi Connection ID Nintendo of America Inc. P.O. Box 957, Redmond, WA 98073-0957 U.S.A. PRINTED IN USA Nintendo® Wi-Fi Connection Instruction Booklet 59066A IMPORTANT PRIVACY INFORMATION · To protect your privacy, do not give out personal information such as last name, phone number, birth date, age, e-mail or home address when communicating with others. · Your Nintendo Wi-Fi Connection ID is tied to your friend roster and stored on your Nintendo DS system. Be sure to properly safeguard your Nintendo DS system and delete your user information from the Nintendo WFC setup if you will no longer be using your system or game to prevent a subsequent user from having access to your friend roster. · If you decide to provide personal information to any third party (such as a game publisher) it is subject to the privacy policy of that company, not Nintendo's privacy practices. Be cautious before providing any personal information to any third party. TABLE OF CONTENTS INTRODUCTION GAMEPLAY AT INTERNET HOTSPOTS GAMEPLAY AT HOME - Quick Setup GAMEPLAY AT HOME - AOSS GAMEPLAY AT HOME - Manual Setup NINTENDO WI-FI USB CONNECTOR OPTIONS TROUBLESHOOTING WIRELESS COMMUNICATION GUIDELINES TERMS OF USE AGREEMENT 2 3 4-7 8-9 10-13 14-16 17-20 21-23 24 25-27 This product uses the LC Font by Sharp Corporation, except some characters. LCFONT, LC Font and the LC logo mark are trademarks of Sharp Corporation. Wayport and the running man logo are trademarks or registered trademarks of Wayport, Inc. All rights reserved. This product includes RSA BSAFE Cryptographic software from RSA Security Inc. RSA and BSAFE are registered trademarks of RSA Security Inc. in the United States and/or other countries. © 2005 RSA Security Inc. All rights reserved. Ubiquitous TCP/IP+SSL © 2001-2005 Ubiquitous Corp. Windows® is either a registered trademark or trademark of Microsoft Corporation in the United States and/or other countries. AOSS and the AOSS logo are trademarks of Buffalo Inc., in Japan and other countries worldwide. TM and ® are trademarks of Nintendo. ©2005 Nintendo. All rights reserved. CAUTION: The Nintendo Wi-Fi Connection uses data that is saved in BOTH the game and your DS system. If you use the game in a different DS and save over the original data, you will lose important data including your active friend roster for all your games. IMPORTANT: Nintendo Wi-Fi Connection gameplay uses more battery power than other gameplay. You may prefer to use the AC Adapter to prevent running out of power when using the Nintendo Wi-Fi Connection. 1 INTRODUCTION The Nintendo Wi-Fi Connection (Nintendo WFC) allows you to play games over the internet, either at home or at an internet hotspot, using a Nintendo DS and a Nintendo WFC compatible Nintendo DS game. Look for this icon on Nintendo DS game packaging for games that include the Nintendo WFC feature. GAMEPLAY AT INTERNET HOTSPOTS Nintendo has partnered with Wayport® (USA only) to provide free Wi-Fi access in many of their hotspot locations. You do not need to do any advance configuration of your Nintendo DS to use these Wayport locations. NOTE: At other partner hotspots, it may be necessary to configure your DS similar to at-home play. Other free non-partner hotspots may also work. Visit www.nintendowifi.com to locate the nearest Nintendo WFC compatible hotspot, and once there, follow these instructions: STEP 1 Insert your Nintendo WFC compatible game into your Nintendo DS and turn on the power. STEP 2 On the Nintendo DS Menu Screen, select the game title in the DS Game Selection panel. STEP 3 From the game menu options, select the choice for Nintendo WFC game play modes. The name of this choice may vary from game to game. STEP 4 From the Nintendo WFC menu, select the choice to connect to the Nintendo WFC service. The name of this choice may vary from game to game. Review the instruction booklet for the game you are playing for specific information on wi-fi game options. To play games at an internet hotspot, please visit www.nintendowifi.com for the latest list of Nintendo WFC compatible hotspots. See next page for more information on how to play games at internet hotspots. To play games over the internet at home, you will need: · An active broadband internet account. · A wireless access point, such as a wireless router or the Nintendo Wi-Fi USB Connector. See pages 4-7 for more information on setting up your Nintendo DS to play games over the internet at home. 2 3 GAMEPLAY AT HOME - Quick Setup To play Nintendo Wi-Fi Connection (Nintendo WFC) compatible games on your Nintendo DS at home over the internet, you must have a wireless access point, like a wireless router, and an active broadband internet connection. If you have this setup, go to STEP 1 below. If you do not have a wireless access point, you can purchase one directly from Nintendo. See pages 14-16. STEP 1 Insert your Nintendo WFC compatible game into your Nintendo DS and turn on the power. STEP 2 On the Nintendo DS Menu Screen, select the game title in the DS Game Selection panel. STEP 3 From the game menu options, select the choice for Nintendo WFC game play modes. The name and menu location of this choice may vary from game to game. Review the instruction booklet for the game you are playing for specific information. STEP 4 From the Nintendo WFC menu, select the choice for Nintendo WFC Settings or Setup. STEP 4 will take you to the Nintendo Wi-Fi Connection Setup Utility. The Setup Utility program will configure your Nintendo DS to connect to your wireless access point. You will use this utility the first time you set up your DS to play games over the internet, if you want to change or add an internet connection, or to erase or transfer your setup information. 4 STEP 5 On the Nintendo Wi-Fi Connection Setup screen, tap the Nintendo Wi-Fi Connection Settings panel. Nintendo Wi-Fi Connection Settings panel STEP 6 Tap the Connection 1 panel. You can save up to three different connection settings if you have access to more than one wireless connection. Connection 1 panel 5 NOTE: Before going to STEP 7, check your wireless access point for a button labeled with AOSS. If your access point has this button, go to page 8 for information on setting up your DS using AOSS. STEP 7 Tap the Search for an Access Point panel. Search for an Access Point panel Connection Setting Lock Icons A blue unlocked icon means you can select that connection and test it without any additional steps. A red locked icon means you can select that connection but will have to enter a WEP Key. (See Troubleshooting, pages 21-23, for assistance on finding Wep Keys.) A gray locked icon means that this connection is using a different security setting that doesn't work with the Nintendo DS. (See Troubleshooting, pages 21-23, for assistance on security settings.) STEP 9 Select your connection from the list. (If you need to enter a WEP Key, you will be prompted for it.) The settings for that connection will be saved. Tap "OK" to test the connection. If the connection tests OK, you will be given a "Connection successful" message. You are now ready to play games over the internet. Return to the Nintendo WFC menu in the game and select the option for playing games over internet. If the test is unsuccessful, you will be given an error code and instructions to help resolve setup problems. (Also, see Troubleshooting, pages 21-23.) 7 STEP 8 The Nintendo DS will search for your wireless access point. If there is more than one access point within range, it will be listed also. If your access point is not listed, see Troubleshooting, pages 21-23 for assistance. After the name of the access point, there will be a "lock icon". See the next page for a description of these icons. List of found access points 6 GAMEPLAY AT HOME - AOSS AOSSTM (AirStation One-Touch Secure System) Routers with AOSS automatically detect and configure other AOSS enabled wireless devices. (Most routers do not have the AOSS feature.) AOSS capable routers will have a button on the router identified with the letters "AOSS". Review the documentation for your router to verify if it is AOSS capable. NOTE: The AOSS button may be on the back of the device. IMPORTANT: If you already have other wireless devices configured to use your AOSS access point, you may have to re-configure them after setting up the Nintendo DS to connect to it. If your router has an AOSS button, follow the Quick Setup procedure STEP 1 through STEP 6 (pages 4-5), then follow the instructions on the next page. STEP 7 On the Connection 1 Settings screen, tap the AOSS panel. "AOSS" panel STEP 8 Press the "AOSS" button on your router and hold it down until the AOSS light on the router begins to flicker or blink (then let go). The DS will be configured to connect to the router. It may take a minute or more for this process to complete. STEP 9 After the settings have been saved, you will be able to test the connection. If the connection tests "OK", you will be given a "Connection successful" message. You are now ready to play games over the internet. Return to the Nintendo WFC menu in the game and select the option for playing games over the internet. If the test is unsuccessful, you will be given an error code and instructions to help resolve setup problems. 8 9 GAMEPLAY AT HOME - Manual Setup Manual Setup IMPORTANT: Wireless network devices, network settings, and setup procedures will vary depending on your network environment. You may need to manually edit your Nintendo WFC connection settings if the Quick Setup procedure does not work. For help on Manual Setup and information on many common wireless access points, visit our website at www.nintendowifi.com. Manual setup is recommended for users with experience in setting up and configuring wireless access points and internet connection settings. You should be familiar with the following terms, as some of this information may be necessary to complete Manual Setup. SSID ­ Service Set Identifier, the the name of your access point or wireless router. Review the documentation for your router to find the default SSID name. This name can be changed by the user. WEP ­ Wired Equivalent Privacy, a standardized encryption process to help protect information sent over a wireless network. WEP Key ­ A password used to encrypt the wireless transfer of data between a wireless device (the Nintendo DS) and your wireless access point. Both the access point and the DS must have the same WEP Key. (See Troubleshooting, pages 21-23, for assistance on finding Wep Keys.) IP Address ­ Internet Protocol Address, a unique number used to identify the devices sending and receiving data over a wireless network. 10 Subnet Mask ­ The part of the IP Address that specifies the wireless network. Gateway ­ The wireless network's broadcasting device. When manually setting up a wireless connection, you enter this device's IP Address. DNS ­ Domain Name System, a system for converting networked computer names to IP Addresses. When manually setting up a wireless connection, this entry specifies the IP Address of the server that handles DNS functions. MAC Address ­ Media Access Control Address, a unique identifier assigned to a networking device. DHCP Server ­ The server that automatically assigns IP Addresses. For Manual Setup, follow the Quick Setup procedure STEP 1 through STEP 6 (pages 4-5), then follow the instructions below. STEP 7 On the Connection 1 Settings screen, tap the Manual Setup panel. Manual Setup panel 11 STEP 8 On the Manual Setup screen, tap Edit for each setting that you will enter information for. STEP 10 When you are finished editing settings, tap the Test Connection panel on the Manual Setup screen (see page 12). If the connection tests OK, you will be given a "Connection successful" message. You are now ready to play games over the internet. Return to the Nintendo WFC menu in the game and select the option for playing games over internet. If the test is unsuccessful, you will be given an error code and instructions to help resolve setup problems. (Also, see Troubleshooting, pages 21-23.) Test Connection panel Manual Setup screen STEP 9 Using the Keyboard panel, enter the desired information. You can either use the stylus, or the Nintendo DS +Control Pad and A/B Buttons to enter information. Keyboard panel 12 13 NINTENDO WI-FI USB CONNECTOR Nintendo® Wi-Fi USB Connector If you do not have a wireless access point, you can purchase the Nintendo Wi-Fi USB Connector. The Nintendo Wi-Fi USB Connector is a Nintendo WFC dedicated wireless access point, only for use with a Nintendo DS, that can be installed in a USB port on your PC. Note: You must be using the Windows XP operating system on your PC, with a broadband internet connection, to use the Nintendo Wi-Fi USB Connector. You can purchase this device, which includes a USB connector, a CD ROM containing installation software, a USB cable and instructions, through Nintendo's web site at www.nintendo.com (USA/Canada only) or call Customer Service at 1-800-895-1672. This device is also available at selected retail outlets in Canada and Latin America. IMPORTANT: Before plugging the Nintendo Wi-Fi USB Connector into your PC, you MUST first install the software on the CD ROM included with the USB Connector. After installing the USB connector on your PC, you will need to use the Nintendo Wi-Fi Registration Tool to allow your Nintendo DS to communicate with the USB connector. Follow the instructions included with the connector, or see the instructions on the next page. IMPORTANT: Your PC must be ON when registering your DS, or when connecting up to the USB Connector for Nintendo WFC gameplay. 14 Follow the Quick Setup procedure STEP 1 through STEP 5 (pages 4-5), then follow the instructions below. STEP 6 On the Nintendo Wi-Fi Connection Setup screen, tap the Connect to your Nintendo Wi-Fi USB Connector panel. If you have installed the USB connector on your PC, select "OK" to proceed. Connect to your Nintendo Wi-Fi USB Connector panel STEP 7 You will be prompted to use the Nintendo Wi-Fi Registration Tool on your PC to grant your DS system permission to access the USB Connector. Click on the registration tool icon in the task bar at the bottom of your PC screen to start the registration tool. Registration tool icon 15 STEP 8 Click on the Nintendo DS username and select from the menu to allow or deny access. OPTIONS The Options screen allows you to access your Nintendo Wi-Fi Connection ID number and the unique MAC address for your Nintendo DS. The Nintendo Wi-Fi Connection ID is a unique identification number assigned to each user when you first connect up to the Nintendo WFC. This ID number is required to play games on the Nintendo WFC. All of your Nintendo WFC data is associated with your ID number, including your wireless connection settings and your friend roster information for all Nintendo WFC compatible games that you have played. This information is stored in the internal memory of your Nintendo DS. This connection ID system protects others from using any of your connection settings or friend roster information. CAUTION: The Nintendo WFC uses data that is saved in both the game and your DS system. If you use the game in a different DS and save over the original data, you will lose important data including your active friend roster. To go to Options, follow the Quick Setup procedure STEP 1 through STEP 4 (page 4), then follow the instructions on the next page. More than one Nintendo DS can be registered to the USB Connector. Up to five Nintendo DS systems can connect up to the Nintendo WFC through the USB connector at one time. After granting permission, the Nintendo DS will ask to run a connection test. Select "OK" to begin test. If the connection tests OK, you will be given a "Connection successful" message. You are now ready to play games over the internet. Return to the Nintendo WFC menu in the game and select the option for playing games over the internet. If the test is unsuccessful, you will be given an error code and instructions to help resolve setup problems. (Also, see Troubleshooting, pages 21-23.) 16 17 STEP 5 On the Nintendo Wi-Fi Connection Setup screen, tap the Options panel. 1. System Information The MAC Address is a unique identification number assigned to a networking device. Each Nintendo DS has its own MAC Address. The Nintendo Wi-Fi Connection ID is an identification number assigned to each user when you first connect up to the Nintendo WFC. Options panel STEP 6 On the Options screen, there are three choices: 1. System Information 2. Erase Nintendo WFC Configuration 3. Transfer Nintendo WFC Configuration See following pages for a description of these options. NOTE: Some of these options are not available until you have made a connection to the Nintendo WFC for the first time. Options screen 18 System Info screen IMPORTANT: Please record your MAC Address and Nintendo Wi-Fi Connection ID on the back cover of this manual for future reference. 19 2. Erase Nintendo WFC Configuration This option allows you to erase your Nintendo WFC ID number, connection settings, and friend roster information. CAUTION: If you erase your Nintendo WFC Configuration, all wireless connection settings and all friend roster information for ALL games will be permanently lost. This option should be used if you will no longer be using your Nintendo DS and want to erase the information so others are unable to use it. 3. Transfer Nintendo WFC Configuration This option allows you transfer your system information to another Nintendo DS. This will permanently delete it from your current DS. This option is useful if you want to use your wireless connection settings and friend roster on another DS system. · Select DS Download Play from the Nintendo DS Menu Screen on the system you want to send the system information to. (See page 10 in the Nintendo DS instruction booklet.) Select the Transfer Nintendo WFC Configuration panel from the options screen on the DS system you are sending the information from. TROUBLESHOOTING In many cases where there is a failure to connect to a wireless access point or the Nintendo WFC, an error code will be displayed on the DS screens. For an explanation of error codes and assistance with Nintendo WFC troubleshooting, visit our website at www.nintendowifi.com. As a first step in troubleshooting, check the following items, and then review the troubleshooting steps on pages 22-23. · Please review Wireless Communication Guidelines (page 24) to be sure you are maintaining a strong signal when trying to make a connection. · Make sure your internet connection is working properly. · Make sure your wireless access point is working properly. In some cases, if your Nintendo Wi-Fi Connection is configured correctly but you are unable to make a connection, the authentication server may be busy or unavailable. Try connecting again later before calling for service. The Nintendo Wi-Fi Connection may experience unscheduled temporary service outages to ensure proper server maintenance. Service may be terminated at some point in the future. For details on server status, visit www.nintendowifi.com. · Follow the on-screen instructions after you have set the receiving Nintendo DS system on DS Download Play. 20 21 TROUBLESHOOTING You may need to check your router settings to troubleshoot the following errors. See your router manual for how to access your settings. You may also check the manufacturers website or visit www.nintendowifi.com for additional information on router settings. Your Access Point is not listed when "Search for Access Point" is selected (p. 6). · Make sure your access point is powered on. · Move closer to the access point or re-orient yourself so there is nothing between you and the access point. Review wireless communication guidelines on page 24. · Your access point may not be broadcasting its SSID. Check your router settings through your computer and either set your router to broadcast SSID, or manually enter the SSID into the Manual Setup screens of the Nintendo DS (see pages 10-13). Connection test unsuccessful, check connections settings and router settings. · Move closer to the access point or re-orient yourself so there is nothing between you and the access point. Review wireless communication guidelines on page 24. · Your access point may have Mac Filtering enabled. Check your router settings through your computer. You may need to enter your Nintendo DS MAC Address (see pages 17-19, on how to find your DS MAC Address). Enter WEP Key / WEP Key incorrect (Access Point lock icon is red, p. 7). · You will need to check your router settings through your computer to get your WEP Key. Many routers offer multiple WEP Key entry areas (usually numbered 1 through 4). The Nintendo DS is only compatible with the WEP Key entered in the first (#1) area. Make sure you are entering the actual WEP Key and not a Pass Phrase. If the WEP Key in your router settings is hidden (i.e. *****), then you may need to manually enter a WEP key. Use a 10 digit number that is easy for you to remember. Security Setting is incompatible or not valid (Access point lock icon is grey, p. 7). · WEP is the only security that Nintendo WFC is compatible with. You will need to change the security on your router to WEP or you might consider purchasing a Nintendo Wi-Fi USB Connector (see page14). This will allow you to access the internet without impacting the security settings of your home router. Unable to obtain IP address, check DHCP settings. · Check the DHCP settings of your router. If your network is set up to assign static IP addresses to devices on your network, you will need to manually enter the IP Address in the Manual Setup of your DS (see pages 10-13). Settings Invalid. · Check the Manual Setup on your Nintendo DS. Information may have been entered that is not needed, or the information entered is incorrect. Check your Manual Setup (see pages 10-13). Enter WEP Key / WEP Key incorrect Connected to access point, unable to connect to server. · The server for Nintendo WFC may be down, check www.nintendowifi.com for the status. · You may need to enter the Primary and Secondary DNS information from your router settings into the Manual Setup of the Nintendo DS (see pages 10-13). Connection to Nintendo WFC is lost. · Check signal strength. Move closer to the access point or re-orient yourself so there is nothing between you and the access point. Review wireless communication guidelines on page 24. · The server for Nintendo WFC may be down, check www.nintendowifi.com for the status or try again later. · If you are at a Hot Spot, the server may be down. Try again later. For assistance with Nintendo WFC troubleshooting, visit www.nintendowifi.com (USA, Canada, and Latin America) or call 1-800-895-1672 (USA and Canada only). 22 23 WIRELESS COMMUNICATION GUIDELINES Wireless Signal Strength During wireless communication setup or game play, an icon will appear on the upper or lower Nintendo DS screens showing the strength of the wireless signal. The icon has four modes depending on the signal strength: TERMS OF USE AGREEMENT The Nintendo DS System ("DS") comes equipped with the ability for wireless game play through the use of the Nintendo Wi-Fi Connection service (the "Service") which is a service of 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: · 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. WEAKER 0 1 2 3 STRONGER For optimal communication, keep the signal strength at 2 or 3 by moving closer to the wireless access point if necessary. Follow these guidelines to maintain a strong signal: · Keep the maximum distance between systems and the access point at 30 feet (10 meters) or less. · The DS systems should face the access point as directly as possible. · Avoid having people or other obstructions between the DS systems and the access point. · Avoid interference from other devices. If communication seems to be affected by other devices (wireless LAN, microwave ovens, cordless devices, computers), move to another location if possible or turn off the interfering device. 24 25 TERMS OF USE AGREEMENT (cont.) Submissions All User Content posted on, transmitted through, or linked from the Service, whether or not solicited by Nintendo (collectively, "Submissions"), is the sole responsibility of the person from whom such Submissions originated. Nintendo is not obligated: (a) to maintain any Submissions in confidence; (b) to store or maintain the Submissions, electronically or otherwise, (c) to pay any compensation for any Submissions or any use thereof; or (d) to respond to any user in connection with or to use any Submissions. Nintendo shall not be liable for any use or disclosure of any Submissions. Disclaimer of Warranty; Limitation of Liability; Indemnification THE SERVICE AND THE NINTENDO CONTENT, USER CONTENT, DATA OR SOFTWARE AVAILABLE THROUGH IT (COLLECTIVELY, THE "CONTENT") ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. USE OF THE SERVICE, INCLUDING ALL CONTENT, DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH IT, IS AT YOUR SOLE RISK AND NINTENDO ASSUMES NO RESPONSIBILITY FOR THE CONTENT OR YOUR USE OR INABILITY TO USE ANY OF THE FOREGOING. WE DO NOT GUARANTEE THE CONTENT ACCESSIBLE OR TRANSMITTED THROUGH, OR AVAILABLE FOR DOWNLOAD FROM THE SERVICE WILL REMAIN CONFIDENTIAL OR IS OR WILL REMAIN FREE OF INFECTION BY VIRUSES, WORMS, TROJAN HORSES OR OTHER CODE THAT MANIFESTS CONTAMINATING OR DESTRUCTIVE PROPERTIES. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, NINTENDO DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICE AND ALL CONTENT AVAILABLE THROUGH THE SERVICE, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. NINTENDO ASSUMES NO RESPONSIBILITY FOR ANY DAMAGES SUFFERED BY A USER, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA FROM DELAYS, NONDELIVERIES OF CONTENT, ERRORS, SYSTEM DOWN TIME, MISDELIVERIES OF CONTENT, NETWORK OR SYSTEM OUTAGES, FILE CORRUPTION, OR SERVICE INTERRUPTIONS CAUSED BY THE NEGLIGENCE OF NINTENDO OR A USER'S OWN ERRORS AND/OR OMISSIONS EXCEPT AS SPECIFICALLY PROVIDED HEREIN. YOU UNDERSTAND AND AGREE THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DS OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT. UNDER NO CIRCUMSTANCES, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, SHALL NINTENDO OR ITS OFFICERS, DIRECTORS, OR EMPLOYEES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING FROM OR IN CONNECTION WITH THE USE OF OR THE INABILITY TO USE THE SERVICE OR ANY CONTENT CONTAINED THEREON, OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT THAT IS SENT OR RECEIVED OR NOT SENT OR RECEIVED, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR USE OR OTHER INTANGIBLES, EVEN IF NINTENDO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. You agree to indemnify, defend and hold harmless Nintendo and its service providers from and against all liabilities, losses, expenses, damages and costs, including reasonable attorneys' fees, arising from: (1) any violation of this Agreement by you; (2) your violation of any rights of a third party; (3) your violation of any applicable law or regulation; (4) information or content that you submit, post, transmit or make available through the Service, or (5) your use of the Service or the DS. TERMS OF USE AGREEMENT (cont.) Access to Third Party Content Through your access to the Service, you may obtain, or third parties may provide, access to other World Wide Web resources where you may be able to upload or download content, data or software. Because Nintendo has no control over such sites and resources, we explicitly disclaim any responsibility for the accuracy, content, or availability of information found on such sites or through such resources. We do not make any representations or warranties as to the security of any information (including, without limitation, credit card and other Personal Information) you may provide to any third party, and you hereby irrevocably waive any claim against us with respect to such sites and third-party content. Friend Roster As part of the Service, Nintendo may provide you with access to and use of a friend roster where you may store user IDs provided to you by others ("Friend Roster"). We cannot and do not represent the security of the contents of such Friend Roster from unauthorized third parties. Transfer or disposal of your DS, or failure to safeguard your DS from loss or misuse, may lead to unauthorized access to and use of your Friend Roster. In addition, unauthorized persons may gain access to one or more Friend Rosters that contain your information without your knowledge. Nintendo will not monitor use of or access to individual Friend Rosters and it is your responsibility to monitor your interactions with other users of the Service. Privacy Nintendo cares about the privacy of its users. By using the Service you agree to our Privacy Policy which is available at www.nintendo.com/privacy. Disclaimer of Responsibility for User Content and Submissions We have the right, but are not obligated, to strictly enforce this Agreement through self-help, active investigation, litigation and prosecution. Nintendo does not warrant, verify or guarantee, and is not liable for, the quality, accuracy or integrity of any User Content or Submissions that you may access. However, we reserve the right to, at our sole discretion, remove, take down, destroy or delete any User Content or Submissions at any time and for any reason. We may access, use and disclose any Submissions or User Content transmitted by you via or in connection with the Service, to the extent permitted by law, in order to comply with the law (e.g., a lawful subpoena); to protect our rights or property, or to protect users of the Service from fraudulent, abusive, or unlawful use of the Service. Any use of the Service in violation of the foregoing is in violation of these terms and may result in, among other things, the termination or suspension of your rights to use the Service. General This Agreement constitutes the entire agreement between you and Nintendo and governs your use of the Service, superseding any prior agreements between you and Nintendo with respect to use of the Service. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. Nintendo's failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. By using the Service, you agree that the laws of the State of Washington, without regard to principles of conflict of laws, will govern this Agreement and any dispute of any sort that might arise between you and Nintendo. If any of the terms of this Agreement shall be deemed invalid, void or for any reason unenforceable, that term shall be deemed severable and shall not affect the validity and enforceability of any remaining terms. Nintendo may terminate this Agreement, or terminate or suspend your access to the Service at any time, with or without cause, with or without notice. Contact Us: Nintendo of America Online Privacy Administrator, 4820 150th Ave NE, Redmond, WA 98052 or visit www.nintendowifi.com. 26 27