End User License Agreement (Rev. 133EF48)

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State of Delaware

Rev. 133EF48

END USER LICENSE AGREEMENT

This End-User License Agreement (this “EULA”) is a legal agreement between you (“Licensee”) and

Reggelia LLC (“Licensor”), the author of Reggelia, including all HTML files, XML files, Java files, graphics

files, animation files, data files, technology, development tools, scripts and programs, both in object code

and source code (the “Software”), the deliverables provided pursuant to this EULA, which may include

associated media, printed materials, and “online” or electronic documentation.

By installing, copying, or otherwise using the Software, Licensee agrees to be bound by the terms and

conditions set forth in this EULA. If Licensee does not agree to the terms and conditions set forth in this

EULA, then Licensee may not download, install, or use the Software.

1. Grant of License

A) Scope of License. Subject to the terms of this EULA, Licensor hereby grants to Licensee a

royalty-free, non-exclusive license to possess and to use a copy of the Software.

B) Installation and Use. Licensee may install and use an unlimited number of copies of the Software

solely for Licensee's business and personal use.

2. Description of Rights and Limitations

A) Limitations. Licensee and third parties 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 the limitation.

B) Update and Maintenance. Licensor shall provide updates and maintenance on the Software on an

as needed basis.

C) Separation of Components. The Software is licensed as a single product. Its components may

not be separated for use on more than one computer.

3. Title to Software. Licensor represents and warrants that it has the legal right to enter into and perform

its obligations under this EULA, and that use by the Licensee of the Software, in accordance with the

terms of this EULA, will not infringe upon the intellectual property rights of any third parties.

4. Intellectual Property. All now known or hereafter known tangible and intangible rights, title, interest,

copyrights and moral rights in and to the Software, including but not limited to all images, photographs,

animations, video, audio, music, text, data, computer code, algorithms, and information, are owned by

Licensor. The Software is protected by all applicable copyright laws and international treaties.

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5. Support. Licensor will provide phone support, available during normal business hours for a time

period of 6 months.

6. Duration. This EULA is perpetual or until:

A) Automatically terminated or suspended if Licensee fails to comply with any of the terms and

conditions set forth in this EULA; or

B) Terminated or suspended by Licensor, with or without cause.

In the event this EULA is terminated, you must cease use of the Software and destroy all copies of the

Software.

7. Jurisdiction. This EULA shall be deemed to have been made in, and shall be construed pursuant to

the laws of the State of Delaware, without regard to conflicts of laws provisions thereof. Any legal action

or proceeding relating to this EULA shall be brought exclusively in courts located in __________, DE, and

each party consents to the jurisdiction thereof. The prevailing party in any action to enforce this EULA

shall be entitled to recover costs and expenses including, without limitation, attorneys’ fees. This EULA is

made within the exclusive jurisdiction of the United States, and its jurisdiction shall supersede any other

jurisdiction of either party’s election.

8. Non-Transferable. This EULA is not assignable or transferable by Licensee, and any attempt to do so

would be void.

9. Severability. No failure to exercise, and no delay in exercising, on the part of either party, any

privilege, any power or any rights hereunder will operate as a waiver thereof, nor will any single or partial

exercise of any right or power hereunder preclude further exercise of any other right hereunder. If any

provision of this EULA shall be adjudged by any court of competent jurisdiction to be unenforceable or

invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this EULA

shall otherwise remain in full force and effect and enforceable.

10. WARRANTY DISCLAIMER. LICENSOR, AND AUTHOR OF THE SOFTWARE, HEREBY

EXPRESSLY DISCLAIM ANY WARRANTY FOR THE SOFTWARE. THE SOFTWARE AND ANY

RELATED DOCUMENTATION IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER

EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF

MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

LICENSEE ACCEPTS ANY AND ALL RISK ARISING OUT OF USE OR PERFORMANCE OF THE

SOFTWARE.

11. LIMITATION OF LIABILITY. LICENSOR SHALL NOT BE LIABLE TO LICENSEE, OR ANY OTHER

PERSON OR ENTITY CLAIMING THROUGH LICENSEE ANY LOSS OF PROFITS, INCOME,

SAVINGS, OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE, DIRECT OR

INDIRECT DAMAGE, WHETHER ARISING IN CONTRACT, TORT, WARRANTY, OR OTHERWISE.

THESE LIMITATIONS SHALL APPLY REGARDLESS OF THE ESSENTIAL PURPOSE OF ANY

LIMITED REMEDY. UNDER NO CIRCUMSTANCES SHALL LICENSOR’S AGGREGATE LIABILITY TO

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LICENSEE, OR ANY OTHER PERSON OR ENTITY CLAIMING THROUGH LICENSEE, EXCEED THE

FINANCIAL AMOUNT ACTUALLY PAID BY LICENSEE TO LICENSOR FOR THE SOFTWARE.

12. Entire Agreement. This EULA constitutes the entire agreement between Licensor and Licensee and

supersedes all prior understandings of Licensor and Licensee, including any prior representation,

statement, condition, or warranty with respect to the subject matter of this EULA.

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End User License Agreement (Rev. 133EF48)

GENERAL INSTRUCTIONS

WHAT IS AN END USER

LICENSE AGREEMENT?

An End User License Agreement is a contract

between two parties -- the licensor and the

licensee -- for the right to use proprietary

software. The licensor or vendor is often an

individual or software company who created

the software. The licensee is the user who

pays a fee to use, download, or install a copy

of the software.

An End User License Agreement is often known

by its abbreviated form EULA. An EULA

protects the licensor or copyright owner of the

software by prohibiting the licensee from re-

selling the software for their own personal gain

at your expense. A license essentially gives the

user “permission” or a limited right to use the

software.

WHEN IS IT NEEDED?

An End User License Agreement is

commonly used when an individual or

company gives creates proprietary software

and would like to make money by allowing

others to use the program in limited ways. If

the licensor is worried about their copyright,

an EULA prevents others from copying the

source code, selling the software as their

own, or transferring the software to a non-

paying user.

Without an End User License Agreement, a

software publisher is in many ways agreeing to

a free and open-source software license. In

these “copyleft” situations, all future versions of

the software must continue to be distributed for

free. Instead, if the individual or company who

created the software wants to earn money, an

EULA protects their their source code and

specially written program, mobile app, or

website from being copied or used without

permission.

MOST COMMON SITUATIONS

· websites mobile apps

· software applications

· computer programs

WHAT SHOULD BE INCLUDED?

To be valid, an End User License

Agreement must include at least the following:

· Disclaimer of Warranties: the

software is often provided “as is” and

the licensor is not responsible for any

problems that may arise from using

the software

· Governing Law: which state’s laws

will apply if there is a dispute or

problem

· Infringement Acknowledgement:

the user is responsible for any legal

issues related to copyright

infringement

· Licensor: name and address of the

individual or company who created

the software

· Licensee: name and address of the

user who wants to install or download

the software

· License Granting: limitations on

how the software can be used by the

licensee

· Limitations of Liability: whether

the licensor will be responsible for

any damages or problems that arise

from using the software

· Maintenance and Support: whether

the user will be provided support on

site or by phone, either 24 hours 7

days per week, quarterly, or annually

· Software: name or title of the

computer software program created

and now licensed

· Termination: whether the software

developer has the right to end the

license if the user violates the EULA

or other issues arise

· Use Restrictions: the licensee is

limited in how they can legally or

illegally use the software

OTHER NAMES

As a reference, an End User License

Agreement is known by other names, which

include: Browse Wrap Agreement, Click-Wrap

License, EULA, End-Use License Agreement,

License Agreement, Licensed Application

End-User Agreement, Shrink-Wrap License,

Software License Agreement.

End User License Agreement (Rev. 133EF48)