End-User License Agreement for EDGELIB SDK Corporate Version

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This EDGELIB End-User License Agreement ("EULA") is a legal agreement between either an individual or a company ("You") and Elements Interactive Mobile B.V. ("Licensor", "We" or "Our(s)") for the EDGELIB 4.X Software Development Kit, including all files whether in object code or source code format and data that will be delivered as part thereof such as coding, header files, static libraries, documentation, graphics and example files ("SOFTWARE"). By downloading, installing, copying, or otherwise using any copy of (any part of) the SOFTWARE, You agree to be bound by the terms of this EULA. As part of the download and/or installation procedure You will be asked to explicitly agree to the terms of this EULA by clicking on the Accept/Agree button. If You do not agree and therefore do not accept the terms of this EULA, You are not entitled to download, use or install any copy of (any part of) the SOFTWARE and You must remove the SOFTWARE from your computer(s).

The SOFTWARE is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties.

Upon receipt by Licensor of the relevant license fee(s), this EULA grants you the following rights with respect to the SOFTWARE only:
a. Installation and Use. You may install and use one copy of the SOFTWARE on one computer (e.g. desktop, laptop) only. You may transfer your copy of the SOFTWARE to another computer provided that you remove all parts of the SOFTWARE from the computer it was installed on before.
b. Coverage. This EULA covers all supported platforms. You may use the SOFTWARE to create and release an unlimited number of applications, for all supported platforms and devices.
c. Updates and Releases. During the term of this EULA, you are entitled to download and use any update, bugfix, patch or new release of the SOFTWARE within the 4.X major version range that Licensor makes available, in its sole discretion, through Licensor's and/or partner website(s). Any such update, bugfix, patch or new release shall become part of the SOFTWARE and the use thereof shall be covered by this EULA.

a. Not for Resale/Rent. You may not resell, rent, lease, lend or otherwise transfer for value, the SOFTWARE to third parties.
b. Limitations on Reverse Engineering, Decompilation, and Disassembly. You may not reverse engineer, decompile, or disassemble the SOFTWARE, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
c. Separation of Components. The SOFTWARE is licensed as a single product. Its component parts may not be separated for installation or use on more than one computer.
d. Shared Use. This EULA grants You the right to have one user at a time use the SOFTWARE. In no event is it allowed to have more than one user use or access the SOFTWARE simultaneously.
e. Software Transfer. You are not allowed to transfer permanently or temporarily any or all of your rights under this EULA and/or any copy of the SOFTWARE and/or any component part thereof or the media or related printed materials
f. Promotion. You agree that Licensor may use Your name as well as the titles and screenshots of all products developed by You using the SOFTWARE as a reference inter alia in press releases, client lists or other marketing activities.
g. Termination. Without prejudice to any other rights, Licensor may terminate this EULA with immediate effect if You fail to comply with any of the terms and conditions of this EULA or a license agreement applicable to any other copy of the SOFTWARE. In such event, You must remove all copies of the SOFTWARE and all of its component parts from Your computers.

a. No Obligation. Licensor shall be under no obligation whatsoever to: (i) provide maintenance or support for the SOFTWARE; or (ii) to notify you of bug fixes, patches, or updates (collectively, "Update") to the SOFTWARE (if any). If, in its sole discretion, Licensor makes an Update available to you and Licensor does not separately enter into a written license agreement with you relating to such Update then it shall be deemed incorporated into the SOFTWARE and subject to this EULA.
b. Usage of Provided Information. You may contact Licensor via email and/or the EDGELIB on-line support forum with respect to all issues and/or bugs related to the use of the SOFTWARE and Licensee acknowledges that Licensor may use all technical information that Licensee provides in relation to support, for its business purposes, including for product support and development. Licensor will not utilize such technical information in a form that personally identifies Licensee.

You acknowledge that all copyrights and other intellectual property rights in and to (any part of) the SOFTWARE and the accompanying documentation and any copies of the SOFTWARE are owned by Licensor. You may not remove any reference to Our copyrights from the SOFTWARE. We acknowledge that any copyrights or other intellectual property rights in and to products developed by You using the SOFTWARE are owned by Your or any relevant third party. You may keep the original copy of the SOFTWARE solely for backup or archival purposes. You may not copy the printed materials accompanying the SOFTWARE.

You may receive the SOFTWARE either by downloading it from the website of Licensor or stored on any other medium (e.g. diskette, CD-ROM). You may not sell, loan, rent, lease, or otherwise transfer such other medium to another user without written consent of the Licensor.

To the maximum extent permitted by applicable law, Licensor provide to You the SOFTWARE, and the support services related to the SOFTWARE "as is" and with all faults; Licensor hereby disclaim with respect to the SOFTWARE and support services all warranties and conditions, whether express, implied or statutory, including, but not limited to, any (if any) warranties or conditions of or related to: title, non-infringement, merchantability, fitness for a particular purpose, lack of viruses, accuracy or completeness of responses, results, lack of negligence or lack of workmanlike effort, quiet enjoyment, quiet possession, and correspondence to description.

To the maximum extent permitted by applicable law Licensor shall in no event be liable for any direct, special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for: loss of profits, loss of confidential or other information, business interruption, personal injury, loss of privacy, failure to meet any duty (including of good faith or of reasonable care), negligence, and any other pecuniary or other loss whatsoever) arising out of or in any way related to the use of or inability to use the SOFTWARE or the support services, or the provision of or failure to provide support services, or otherwise under or in connection with any provision of this EULA. You accept that Our liability for damages shall be limited at all times to compensation of Your direct damages up to the amount of the license fee(s) paid by You.

This EULA and Your use of the SOFTWARE is governed by the laws of The Netherlands.

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