WORKOUTS TO GO END USER LICENSE AGREEMENT

THIS WORKOUT TO GO END USER LICENSE AGREEMENT (THE “AGREEMENT”) CONTAINS

THE TERMS AND CONDITIONS (“TERMS AND CONDITIONS”) FOR THE “MEN’S HEALTH WORK-
OUT TO GO.” IN ORDER TO DOWNLOAD AND USE THE MEN’S HEALTH WORKOUT TO GO, IN-
CLUDING ALL CONTENT (SPECIFICALLY, ALL MATERIALS DOWNLOADABLE FROM THE MEN’S
HEALTH WEBSITE, INCLUDING EDITORIAL MATERIAL, TEXT, PICTURES, PHOTOGRAPHS,
GRAPHS, VIDEOS, AUDIO, MOTION PICTURES, MUSIC, IMAGES, SOFTWARE AND ANY OTHER
MATERIALS) DEPICTED THEREIN AND ANY THIRD PARTY SOFTWARE MADE AVAILABLE TO
YOU IN CONNECTION WITH THE MEN’S HEALTH WORKOUT TO GO AND/OR THE RELATED
SERVICE (COLLECTIVELY, THE “WORKOUT”) YOU MUST AGREE TO BE BOUND BY THE
TERMS AND CONDITIONS OF THIS AGREEMENT. PLEASE READ THIS AGREEMENT CARE-
FULLY BEFORE DOWNLOADING, INSTALLING OR OTHERWISE USING THE WORKOUT AND
ANY CONTENT THEREIN. IF YOU AGREE TO THIS AGREEMENT, CLICK THE “I ACCEPT” BUT-
TON WHEN ASKED IF YOU AGREE TO THIS AGREEMENT. IF YOU DO NOT AGREE TO THIS
AGREEMENT, CLICK THE “NO” BUTTON WHEN ASKED IF YOU AGREE TO THIS AGREEMENT,
AND DO NOT PROCEED WITH THE DOWNLOAD OR USE OF THE WORKOUT.

WARNING: The images, videos and text in the Workout depict strenuous exercises performed by
professionals that may not be appropriate for all users. Before starting this or any other fitness pro-
gram, consult your physician or other healthcare professional to determine if this fitness program is
right for your needs. The Workout is intended to work in conjunction with the advice of your physician
or healthcare adviser, not replace such advice.

ADDITIONAL TERMS

The Workout is designed to be used with MensHealth.com and other services of Men’s Health and
Rodale Inc. (“Rodale”). Therefore, you agree and acknowledge that your use of the Workout is also
subject to Rodale’s Privacy Policy, which can be viewed at http://www.rodaleinc.com/your-privacy-
rights.

LICENSE AND RESTRICTIONS ON USE

1. Subject to the Terms and Conditions of this Agreement Rodale hereby grants you a limited, non-
transferable, non-assignable, non-sublicensable, non-exclusive right to use the Workout and Content
therein solely for your own non-commercial personal use. You may download the Workout to the hard
drive of one (1) computer or other electronic device.

2. You agree that you shall not, nor shall you authorize or permit others to: (i) reverse engineer,
decompile or disassemble or otherwise attempt to derive source code from the Workout; (ii) repro-
duce, distribute, perform, display, sell, rent, lease, license, sublicense, transfer, distribute, re-transmit,
time-share, use or make available or assign to any third party the Workout or any Content therein; (iii)
modify, adapt or translate the Workout or any Content therein or create any derivative works based on
the Workout or any Content therein; or (iv) evade any security or encryption tools used anywhere in
the Workout. Furthermore, you shall not use the Workout for any commercial purpose or in any man-
ner that could damage, disable, overburden, or impair the services of Rodale’s MensHealth.com, nor
may you use the Workout in any manner that could interfere with any other party’s use and enjoyment
of the Workout or MensHealth.com’s services.
INTELLECTUAL PROPERTY

As between you and Rodale, you agree and acknowledge that Rodale shall own all rights, title, and
interest in and to the Workout, including without limitation all Content and associated Intellectual
Property Rights. “Intellectual Property Rights” means any and all rights existing from time to time
under patent law, copyright law, trade secret law, trademark law, unfair competition law and related
laws, and any and all proprietary rights, and any and all applications, renewals, extensions, and resto-
rations thereof, now or hereafter in force and effect worldwide. You agree that you shall not remove,
obscure or alter Rodale’s or any third party’s copyright notice, trademarks, or other proprietary rights
notices affixed to or contained within or accessed in conjunction with or through the Workout.

REMEDY FOR BREACH OF AGREEMENT

In addition to any and all rights and remedies available to Rodale at law or in equity, any violation of
this Agreement, including, but not limited to, the license and Intellectual Property Rights, by you or
any third party to whom you have provided access to the Workout shall constitute a material breach of
the Agreement and Rodale shall have the immediate right to terminate this Agreement, including the
license granted hereunder, and Rodale shall have the right to seek any and all appropriate remedies
and damages, at law or in equity, including, but not limited to, injunctive relief for patent, copyright or
any other applicable cause or causes of action.

FEES

You agree to pay Rodale all fees required for you to download and use the Workout, as provided as
part of the download/installation process.

NO REPRESENTATIONS OR WARRANTIES

YOU EXPRESSLY AGREE THAT YOUR DOWNLOAD AND/OR USE OF THE WORKOUT AND
CONTENT THEREIN IS AT YOUR OWN RISK AND THAT YOU SHALL BE SOLELY AND EXCLU-
SIVELY RESPONSIBLE FOR ANY AND ALL DAMAGE TO YOUR COMPUTER OR ANY OTHER
ELECTRONIC DEVICE AND/OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR
USE OF THE WORKOUT. THE WORKOUT AND CONTENT THEREON IS PROVIDED “AS IS”
WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT
NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTIC-
ULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. RODALE MAKES NO REPRESENTATIONS
OR WARRANTIES THAT THE WORKOUT WILL BE RELIABLE, UNINTERRUPTED, TIMELY, SE-
CURE, OR ERROR FREE; NOR DOES RODALE MAKE ANY REPRESENTATIONS OR WARRAN-
TIES AS TO THE QUALITY, SUITABILITY, PERFORMANCE, TRUTH, ACCURACY OR COMPLETE-
NESS OF THE WORKOUT. RODALE ALSO MAKES NO REPRESENTATIONS OR WARRANTIES
ABOUT THE RESULTS TO BE OBTAINED FROM USING THE WORKOUT. IN ADDITION, RODALE
MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING ANY GOODS OR SERVICES
PURCHASED OR OBTAINED IN CONNECTION WITH WORKOUT. PLEASE NOTE THAT THE
WAIVER OF IMPLIED WARRANTIES IS NOT ALLOWED IN SOME STATES AND, THEREFORE,
THESE WAIVERS OF IMPLIED WARRANTIES MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE
OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.
INDEMNITY

You agree to indemnify Rodale against any and all third party claims, liabilities, and costs, including
reasonable attorneys’ fees, incurred in the defense of any claim or suit arising out of or otherwise
related to this Agreement and your use of the Workout and license granted hereunder, including
without limitation, any breach or threatened breach by you of this Agreement. Rodale shall promptly
notify you in writing of any such claim or suit, and provide reasonable cooperation (at your expense)
in the defense of such claim or suit. Rodale shall have the right, at its sole option, to participate in the
defense of such claim or defense, but at its own expense.

LIMITATION OF LIABILITY

YOUR REMEDIES UNDER THIS AGREEMENT ARE EXCLUSIVE AND THE LIABILITY OF RODALE
WITH RESPECT TO THE WORKOUT SHALL NOT EXCEED THE FEE ACTUALLY PAID BY YOU
TO DOWNLOAD AND USE THE WORKOUT. IN NO EVENT SHALL RODALE BE LIABLE TO YOU
FOR SPECIAL, COLLATERAL, EXEMPLARY, PUNITIVE, INDIRECT, INCIDENTAL, OR CONSE-
QUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF GOODWILL, LOSS OF
PROFITS OR REVENUES, LOSS OF SAVINGS, LOSS OF USE, INTERRUPTION OF BUSINESS,
AND CLAIMS OF CUSTOMERS), WHETHER SUCH DAMAGES OCCUR PRIOR OR SUBSE-
QUENT TO, OR ARE ALLEGED AS A RESULT OF, TORTIOUS CONDUCT OR BREACH OF ANY
OF THE PROVISIONS OF THIS AGREEMENT BY RODALE, EVEN IF RODALE HAS BEEN AD-
VISED OF THE POSSIBILITY OF SUCH DAMAGES.

YOU ALSO UNDERSTAND AND AGREE THAT RODALE EXPRESSLY DISCLAIMS ANY AND ALL
LIABILITY FOR ANY INJURY YOU MAY SUFFER AS A RESULT OF USING THE WORKOUT. BY
ACCEPTING THIS AGREEMENT YOU EXPRESSLY AGREE TO ASSUME ANY AND ALL RISKS AS-
SOCIATED WITH THE USE OF THE WORKOUT.

IN ADDITION, YOU UNDERSTAND AND AGREE THAT RODALE SHALL NOT BE LIABLE TO YOU
OR ANY THIRD PARTY UNDER ANY THEORY FOR ANY LOSS OR DAMAGE TO YOUR COM-
PUTER SYSTEM OR ANY ELECTRONIC DEVICE USED BY YOU TO STORE OR DISPLAY THE
WORKOUT. YOU AGREE THAT YOU SHALL BE SOLELY RESPONSIBLE FOR ANY SUCH LOSS
OR DAMAGE.

MEDICAL INFORMATION

THE WORKOUT IS FOR EDUCATIONAL PURPOSES ONLY. THE WORKOUT IS NOT INTENDED
AS A SUBSTITUTE FOR MEDICAL COUNSELING. BEFORE STARTING THIS OR ANY OTHER
DIET OR FITNESS PROGRAM, CONSULT YOUR PHYSICIAN TO DETERMINE IF THE WORKOUT
OR ANY OTHER RODALE DIET AND/OR FITNESS PROGRAM IS RIGHT FOR YOUR NEEDS. DO
NOT START THE WORKOUT OR ANY OTHER DIET OR FITNESS PROGRAM WITH RODALE IF
YOUR PHYSICIAN OR HEALTH CARE PROVIDER ADVISES AGAINST IT.

HEALTH WARRANTY

You represent that you are in good health and have no disability, impairment, injury, disease or ail-
ment preventing you from engaging in active or passive exercise or that would cause increased risk
or injury or adverse health consequences as a result of use of the Workout or any Content thereon.

PERSONALLY IDENTIFIABLE INFORMATION

At certain points when you download the Workout you will be asked to provide information to Rodale.
Rodale collects two types of information from you: personally identifiable and non-personally identifi-
able. The personally identifiable information that Rodale collects may include but is not limited to, your
first and last names, your street address (including the city, state and zip code), your telephone num-
ber and your credit card number. Non-personally identifiable information we collect includes, but is
not limited to, your email address. For information regarding Rodale’s Privacy Policy see our privacy
policy at http://www.rodaleinc.com/your-privacy-rights. You agree that you have read and understand
Rodale’s Privacy Policy and that you shall be bound by its terms and conditions as part of this Agree-
ment.

MISCELLANEOUS TERMS AND CONDITIONS

The Agreement constitutes the entire agreement and understanding between you and Rodale and
governs your download and use of the Workout, superseding any prior agreements between you
and Rodale. The Agreement and the relationship between you and Rodale shall be governed by and
construed in accordance with the laws of the Commonwealth of Pennsylvania, without regard to its
conflict of law provisions. You and Rodale irrevocably agree to submit to the personal and exclusive
jurisdiction of the federal and state courts located within the county of Lehigh, in the Commonwealth
of Pennsylvania, and waive any jurisdictional, venue, or inconvenient forum objections to such
courts. The failure of Rodale to exercise or enforce any right or provision of the Agreement shall not
constitute a waiver of such right or provision. If any provision of the Agreement is found by a court
of competent jurisdiction to be unlawful, void or for any reason unenforceable, then that provision
shall be deemed severed from this agreement and shall not affect the validity and enforceability of
any remaining provisions. No waiver by Rodale of any breach or default hereunder shall be deemed
a waiver of any preceding or subsequent breach or default. The rights and liabilities of the parties
hereto will bind and inure to the benefit of their respective assignees, successors, executors, and
administrators, as the case may be. Neither the Agreement nor any rights granted hereunder may
be sold, leased, assigned or otherwise transferred, in whole or in part, by you. Rodale shall not be
responsible for any failure to perform due to unforeseen circumstances or to causes beyond its rea-
sonable control, including but not limited to: acts of God; war, riot, embargoes, acts of civil or military
authority, or terrorism; fire, flood, earthquakes, hurricanes, tropical storms or other natural disasters;
strikes or shortages in transportation, facilities, fuel, energy, labor or materials; failure of the telecom-
munications or information service infrastructure; hacking, SPAM, or any failure of a computer, server
or software so long as such event continues to delay Rodale’s performance.