End User License Agreement for OP3's Shotcode Software

IMPORTANT- READ CAREFULLY: This End User License Agreement (“EULA”) is a legal agreement between you and OP3 B.V., a limited liability company according to the law of the Netherlands, which has its offices at Overtoom 53-(II), 1054HB Amsterdam The Netherlands, for the OP3 Shotcode software product identified above, which includes computer software and may include associated media, printed materials, and “online” or electronic documentation (“Software Product”). By installing, copying, or otherwise using the Software Product, you agree to be bound by terms of this EULA. If you do not agree to the terms of this EULA, do not install, download or use the Software Product.

Intellectual Property. This Software Product is protected by copyright and other intellectual property laws and treaties. OP3 or its suppliers own the title, copyright and other intellectual property rights contained in the Software Product. The Software Product is licensed, not sold.

Grant of License. This EULA grants you the following rights provided you comply with all terms and conditions contained in this EULA:

Termination. Without prejudice to any other rights, OP3 may terminate this EULA f you fail to comply with the terms and conditions of this EULA. In such event you must destroy all copies of the Software Product and all of its component parts.

Limitation on Reserve Engineering, Decompilation and Disassembly. You may not reverse engineer, decompile or disassemble the Software Product, except and only to the extent that is expressly permitted by applicable law notwithstanding this limitation. You may not rent, lease or lend the Software Product.

Disclaimer of Warranties. To the maximum extent permitted by applicable law, OP3 and its suppliers provide to you the Software Product, and any (if any) support services relating to the Software Product ("Support Services") as is and with all faults. OP3 and its suppliers hereby disclaim with respect to the Software Product and Support Services all warranties and conditions, whether express, implied or statutory, including, but not limited to, any (if any) warranties, duties or conditions of or related to: merchantability, fitness for a particular purpose, lack of viruses, accuracy or completeness of responses, results, workmanlike effort and lack of negligence. Also there is no warranty, duty of condition of title, quiet enjoyment, quiet possession, correspondence to description or non-infringement. The entire risk arising out of use or performance of the Software Product and any Support Services remains with you.

Exclusion of Incidental, Consequential and Certain Other Damages. To the maximum extent permitted by applicable law, in no event shall OP3 or its suppliers be liable for any special, incidental indirect or consequential damages whatsoever (including but not limited to, damages for loss or 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 Product, the provision of or failure to provide Support Services, or otherwise under or in construction with any provision of this EULA, even in the event of the fault, tort (including negligence), strict liability, breach of contract or breach of warranty of OP3 or any supplier, and even if OP3 or any supplier has been advised of the possibility of such damages.

Limitation of Liability and Remedies. Notwithstanding any damages that you might incur for any reason whatsoever (including, without limitation, all damages referenced above and all direct or general damages), the entire liability of OP3 and any of its suppliers under any provision of this EULA and your exclusive remedy for all of the foregoing shall be limited to Euro 500,= per occasion. The foregoing limitations apply to the maximum extent permitted by applicable law, even if any remedy fails its essential purpose.

Applicable Law and Choice of Forum. This EULA is governed by the laws of the Netherlands without regard to any conflict of laws provisions. All disputes arising from this EULA will be brought in first instance before the District Court of Amsterdam with exclusion of all other competent courts.