END-USER LICENSE AGREEMENT FOR CLEAR CROWN STUDIOS SOFTWARE (INCLUDING PRE-RELEASE/BETA SOFTWARE)

IMPORTANT - READ CAREFULLY: This Clear Crown Studios End-User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and Clear Crown Studios for the Clear Crown Studios software (including pre-release/beta software) accompanying this EULA, which includes computer software and may include associated media, printed materials, and "online" or electronic documentation ("SOFTWARE"). By installing, copying, or otherwise using the SOFTWARE, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, do not install, copy, or otherwise use the SOFTWARE.

END-USER LICENSE AGREEMENT FOR CLEAR CROWN STUDIOS SOFTWARE (INCLUDING PRE-RELEASE/BETA SOFTWARE)

NOTE: IF YOU DO NOT HAVE A VALID END-USER LICENSE AGREEMENT FOR CLEAR CROWN STUDIOS SOFTWARE, YOU ARE NOT AUTHORIZED TO INSTALL, COPY OR OTHERWISE USE THE SOFTWARE AND YOU HAVE NO RIGHTS UNDER THIS EULA.

1. GRANT OF LICENSE.

(a) Rights to Standard Use. Clear Crown Studios grants you a limited, non-exclusive, non-transferable, royalty-free license to install up to three (3) copies of the SOFTWARE on up to three (3) computers and use any one (1) installation of the SOFTWARE at a time.

(b) Ownership. Clear Crown Studios and its suppliers shall retain title and all ownership rights to the SOFTWARE, and this EULA shall not be construed in any manner as transferring any rights of ownership or license to the SOFTWARE or to the features or information therein, except as specifically stated herein.

2. PRE-RELEASE SOFTWARE; UPDATES AND MAINTENANCE. Pre-release versions of the SOFTWARE may not be at the level of performance and compatibility of a final, generally available product offering. The SOFTWARE may not operate correctly and may be substantially modified in the future. Clear Crown Studios may provide updates to the SOFTWARE from time to time, but Clear Crown Studios shall have no obligation to provide maintenance or updates to you for SOFTWARE licensed under this Agreement.

3. RESERVATION OF RIGHTS AND OWNERSHIP. Clear Crown Studios reserves all rights not expressly granted to you in this EULA. The SOFTWARE is protected by copyright and other intellectual property laws and treaties. Clear Crown Studios or its suppliers own the title, copyright, and other intellectual property rights in the SOFTWARE. The SOFTWARE is licensed, not sold.

4. 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.

5. NO RENTAL/COMMERCIAL HOSTING. You may not rent, lease, lend or provide commercial hosting services with the SOFTWARE.

6. DISCLAIMER OF WARRANTIES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CLEAR CROWN STUDIOS AND ITS SUPPLIERS PROVIDE THE SOFTWARE AND SUPPORT SERVICES (IF ANY) AS IS AND WITH ALL FAULTS, AND HEREBY DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY (IF ANY) IMPLIED WARRANTIES, DUTIES OR CONDITIONS OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF RELIABILITY OR AVAILABILITY, OF ACCURACY OR COMPLETENESS OF RESPONSES, OF RESULTS, OF WORKMANLIKE EFFORT, OF LACK OF VIRUSES, AND OF LACK OF NEGLIGENCE, ALL WITH REGARD TO THE SOFTWARE, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT OR OTHER SERVICES, INFORMATION, SOFTWARE, AND RELATED CONTENT THROUGH THE SOFTWARE OR OTHERWISE ARISING OUT OF THE USE OF THE SOFTWARE. ALSO, THERE IS NO WARRANTY OR CONDITION OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION OR NON-INFRINGEMENT WITH REGARD TO THE SOFTWARE.

7. EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND CERTAIN OTHER DAMAGES. To the maximum extent permitted by applicable law, in no event shall Clear Crown Studios or its suppliers be liable for any special, incidental, punitive, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits or confidential or other information, for business interruption, for personal injury, for loss of privacy, for failure to meet any duty including of good faith or of reasonable care, for negligence, and for 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, the provision of or failure to provide support or other services, information, software, and related content through the SOFTWARE or otherwise arising out of the use of the SOFTWARE, or otherwise under or in connection with any provision of this EULA, even in the event of the fault, tort (including negligence), misrepresentation, strict liability, breach of contract or breach of warranty of Clear Crown Studios or any supplier, and even if Clear Crown Studios or any supplier has been advised of the possibility of such damages.

8. LIMITATION OF LIABILITY AND REMEDIES. NOTWITHSTANDING ANY DAMAGES THAT YOU MIGHT INCUR FOR ANY REASON WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ALL DAMAGES REFERENCED HEREIN AND ALL DIRECT OR GENERAL DAMAGES IN CONTRACT OR ANYTHING ELSE), THE ENTIRE LIABILITY OF CLEAR CROWN STUDIOS AND ANY OF ITS SUPPLIERS UNDER ANY PROVISION OF THIS EULA AND YOUR EXCLUSIVE REMEDY HEREUNDER SHALL BE LIMITED TO THE GREATER OF THE ACTUAL DAMAGES YOU INCUR IN REASONABLE RELIANCE ON THE SOFTWARE UP TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE OR US$5.00. THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE.

9. TERMINATION. Without prejudice to any other rights, Clear Crown Studios may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must destroy all copies of the SOFTWARE and all of its component parts.

10. EXPORT RESTRICTIONS. Recipient acknowledges that the SOFTWARE is subject to U.S. export jurisdiction. Recipient agrees to comply with all applicable international and national laws that apply to the SOFTWARE, including the U.S. Export Administration Regulations, as well as end-user, end-use, and destination restrictions issued by U.S. and other governments.

11. GOVERNING LAW/JURISDICTION/ATTORNEYS’ FEES. This Agreement shall be construed and controlled by the laws of the State of California, and Recipient consents to exclusive jurisdiction and venue in the federal courts sitting in San Mateo County, California, unless no federal jurisdiction exists, in which case Recipient consents to exclusive jurisdiction and venue in the Superior Court of San Mateo County, California. Recipient waives all defenses of lack of personal jurisdiction and forum non conveniens. Process may be served on either party in the manner authorized by applicable law or court rule. If either party employs attorneys to enforce any rights arising out of or relating to this Agreement, the prevailing party shall be entitled to recover its reasonable attorneys' fees, costs and other expenses.

12. ENTIRE AGREEMENT; SEVERABILITY. This Agreement constitutes the complete and exclusive agreement between Clear Crown Studios and you with respect to the subject matter hereof, and supersedes all prior or contemporaneous oral or written communications, proposals, representations, understandings, or agreements not specifically incorporated herein. If any provision of this Agreement is held to be void, invalid, unenforceable or illegal, the other provisions shall continue in full force and effect.