END USER LICENSE AGREEMENT

USE OF THIS APPLICATION IS SUBJECT TO THE SOFTWARE LICENSE TERMS SET FORTH BELOW.  THE TERM “APPLICATION” INCLUDES THE SOFTWARE ITSELF, TOGETHER WITH ANY AND ALL ONLINE AND/OR ELECTRONIC DOCUMENTATION, ASSOCIATED MEDIA, PRINTED MATERIALS AND OTHER ASSOCIATED MATERIALS.  THE TERM “APPLICATION” MAY ALSO INCLUDE, WHERE APPLICABLE, ADDITIONAL CLIENT-RESIDENT SOFTWARE WHICH MANAGES THE DOWNLOAD AND OPERATION OF OTHER COMPONENTS OF THE APPLICATION, AND WHICH MAY PROVIDE OTHER FUNCTIONALITY AS WELL, WHICH CLIENT-RESIDENT SOFTWARE MAY BE UPDATED FROM TIME TO TIME WHILE THE APPLICATION IS RESIDENT ON THE CLIENT DEVICE, IN THE SOLE DISCRETION OF KAMUARA B.V. AND/OR ITS AFFILIATED COMPANIES (COLLECTIVELY “KAMUARA”).  YOU ARE SOLELY RESPONSIBLE FOR ANY AND ALL TELECOMMUNICATIONS OR OTHER CONNECTIVITY CHARGES INCURRED THROUGH YOUR USE OF THE APPLICATION.  EXCEPT IN THE CASE OF APPLICATION COMPONENTS PROVIDED BY THIRD PARTIES (WHOSE COLLECTION AND USAGE OF PERSONAL INFORMATION, IF ANY, ARE GOVERNED BY THEIR OWN RESPECTIVE PRIVACY POLICIES), PERSONAL INFORMATION WHICH YOU MAY PROVIDE TO KAMUARA OR ITS DESIGNEES IS GOVERNED BY KAMUARA’S STANDARD PRIVACY POLICY, AS IT MAY BE UPDATED FROM TIME TO TIME.  BY DOWNLOADING, INSTALLING, AND/OR USING THIS APPLICATION, YOU ACCEPT AND EXPRESSLY CONSENT TO THE TERMS OF THIS LICENSE WITH KAMUARA.

LIMITED USE LICENSE.  Kamuara grants you the non-exclusive, non-transferable, limited right and license to install and use one copy of this Application solely and exclusively for your personal use. All rights not specifically granted under this Agreement are reserved by Kamuara. This Application is licensed, not sold.  Your license confers no title or ownership in this Application and should not be construed as a sale of any rights in this Application.

OWNERSHIP.  All title, ownership rights, and intellectual property rights in and to this Application (including but not limited to any trademarks, titles, computer code, themes, objects, characters, character names, stories, dialog, catch phrases, locations, concepts, artwork, animation, sounds, musical compositions, audio-visual effects, methods of operation, moral rights, any related documentation, and “applets” incorporated into this Application) are owned by Kamuara or its licensors. This Application is protected by the copyright laws of The Netherlands, international copyright treaties and conventions and other laws. This Application contains certain licensed materials, and Kamuara’s licensors may also protect their rights in the event of any violation of this Agreement.

YOU AGREE THAT YOU WILL NOT DO ANY OF THE FOLLOWING:  (a) exploit this Application or any of its parts commercially;  (b) use this Application, or permit use of this Application, on more than one client device (e.g. computer, handset, PDA or other device) at the same time;  (c) make copies of this Application or any part thereof, or make copies of any of its accompanying material;  (d) sell, rent, lease, license, distribute, loan or otherwise transfer this Application, or any copies of this Application, without the express prior written consent of Kamuara;  (e) reverse engineer, decompile, disassemble or otherwise reduce this Application to any human-perceivable form;  (f) modify, adapt, translate or otherwise create derivative works based on this Application; (g) disable, modify or otherwise tamper with any anti-piracy/anti-hacking functionality of this Application;  (h) remove, disable or circumvent any proprietary notices, marks or labels contained on or within this Application or its accompany material;  or  (i) export or re-export this Application or any portion, process, copy or adaptation hereof in violation of any applicable laws or regulations.  YOU FURTHER ACKNOWLEDGE AND AGREE THAT, if the Application was provided to you for trial use (e.g. for “beta” testing, and/or for a limited trial period or number of uses):  (j) you will not use the Application following the expiration of the permitted trial period or number of uses; and (k) the Application may include code designed to prevent you from exceeding these limits, and such code may remain on your client device after deletion of the Application in order to prevent you from installing another copy and repeating the trial period or extending the number of uses.

DISCLAIMER OF WARRANTY.  TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW: (a) THIS APPLICATION IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE; (b) THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THIS APPLICATION IS WITH YOU; (c) KAMUARA WILL HAVE NO LIABILITY TO YOU FOR ANY REASON BASED ON YOUR USE OF THIS APPLICATION UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION; AND (d) KAMUARA’S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE USE OF ANY SOFTWARE PROVIDED BY OR ON BEHALF OF KAMUARA WILL BE THE REPLACEMENT OF ANY KAMUARA SOFTWARE FOUND TO BE DEFECTIVE. SOME JURISDICTIONS MAY NOT ALLOW (OR MAY LIMIT) DISCLAIMERS OF CERTAIN WARRANTIES, IN WHICH CASE THE FOREGOING DISCLAIMERS WILL BE ENFORCED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

LIMITATION OF LIABILITY.  TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW: (a) IN NO EVENT WILL KAMUARA BE LIABLE FOR SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES RESULTING FROM USE, POSSESSION, MISUSE OR MALFUNCTION OF THIS APPLICATION, INCLUDING WITHOUT LIMITATION DAMAGE TO PROPERTY, LOSS OF GOODWILL, COMPUTER OR HANDHELD DEVICE FAILURE OR MALFUNCTION AND DAMAGES FOR PERSONAL INJURY, EVEN IF KAMUARA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND (b) KAMUARA’S LIABILITY WILL IN NO EVENT EXCEED THE ACTUAL PRICE PAID FOR THE LICENSE TO USE THIS APPLICATION. SOME JURISDICTIONS MAY NOT ALLOW CONTRACTUAL LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS AND/OR EXCLUSION OR LIMITATION OF LIABILITY FOR SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, IN WHICH CASE KAMUARA’S WARRANTY PERIOD AND LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

TERMINATION.  Without prejudice to any other of Kamuara’s rights or of your obligations hereunder, the limited license set forth in Section 1 of this Agreement will terminate automatically if you fail to comply with the terms and conditions of this Agreement.  In such event, you must destroy all copies of this Application and all of its component parts and related materials. 

INJUNCTIVE RELIEF.  Because Kamuara would be irreparably damaged if the terms of this Agreement were not specifically enforced, you agree that Kamuara will be entitled, without bond, other security or proof of damages, to appropriate equitable remedies with respect to breaches of this Agreement, in addition to any and all other remedies which Kamuara may have under applicable laws.

INDEMNITY.  You agree to indemnify, defend and hold Kamuara, its partners, affiliates, contractors, officers, directors, employees and agents harmless from all damages, losses and expenses arising directly or indirectly from your acts and omissions to act in using the Product pursuant to the terms of this Agreement

MISCELLANEOUS.  (a) This Agreement represents the complete agreement concerning the license of this Application between the parties and supersedes all prior or contemporaneous agreements and representations between them regarding the same subject matter.  (b) This Agreement may be amended only by a writing executed by both parties.  (c) If any provision of this Agreement is held to be unenforceable for any reason, such provision will be reformed only to the extent necessary to make it enforceable and the remaining provisions of this Agreement will not be affected.  (d) If there is a local subsidiary of Kamuara in the country in which this License was purchased, then the local law in which the subsidiary sits shall govern this License. Otherwise, this License shall be governed by the laws of the Netherlands. (e) The parties agree that the United Nations Convention on Contracts for the International Sale of Goods (1980), as amended, is specifically excluded from application to this License. (f) If this End User License Agreement is translated into a language other than English, you agree that the English version will prevail to the extent of any discrepancy in meaning between the English version and its translation.  (g) Except and only to the extent prohibited by applicable law, you agree that any and all disagreements, disputes, claims, mediation, arbitration, litigation, etc., related to this End User License Agreement shall be conducted in the English language, including but in no way limited to all correspondence, requests, motions, notices, consents, requests for discovery, interrogatories, submissions, filings, pleadings, arguments, orders and judgments.