FingerTips Personalizer Framework Unlimited Commercial Use License Agreement PLEASE READ THIS SOFTWARE LICENSE AGREEMENT CAREFULLY. BY DOWNLOADING, INSTALLING, OR USING THE SOFTWARE OR ANY PORTION OF THE SOFTWARE YOU ACCEPT AND AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT DOWNLOAD, INSTALL, OR USE THE SOFTWARE. 1. DEFINITIONS 1.1. Software. For the purpose of this Agreement, "Software" refers to FingerTips Personalizer Framework (downloaded, installed, and/or integrated) and the supporting documentation. 1.2. Copyright Holder. For the purpose of this Agreement, the term "Copyright Holder" refers to Software Species, Ltd. The term "Copyright Holder" and the title "Software Species Ltd" will be used interchangeably in this Agreement. 1.3. Licensee. For the purpose of this Agreement, the term "Licensee" refers to the person or the company using the Software in developing games or third-party tools. 1.4. This Agreement is made between Copyright Holder and you, the Licensee. This is a legal agreement; violation of terms of this Agreement may result in termination of the Agreement and legal action against the Licensee. 1.5. Commercial Use. Any use of Software concerned with making profits, either express or implied, promotion of commercial products, resources or services. 2. GENERAL PROVISIONS 2.1. Restrictions. Copyright Holder reserves any rights not expressly granted to Licensee and retains title and full ownership rights under the copyright laws of any jurisdiction or under any federal, state, or foreign laws. Use of the Software is non-exclusive. 2.2. Assignment. Licensee may not assign or transfer the rights and obligations under this Agreement without prior written approval by Copyright Holder; any purported assignment or transfer without Copyright Holder's consent shall be null and void. 2.3. Alterations. The software may not be altered or enhanced in any way that is not explicitly described in the supplied documentation, unless agreed upon with Copyright Holder. Rights to create complementary works that interoperate with the Software, while not modifying it in any way not explicitly described in the supplied documentation, are granted. See also paragraph 3.3 for the special development restriction that applies. 2.4. DISCLAIMER. THE SOFTWARE IS PROVIDED WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING (BUT NOT LIMITED TO) THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. IN NO EVENT SOFTWARE SPECIES LTD, ITS DIRECTORS, OFFICERS, EMPLOYEES OR AFFILIATES WILL BE LIABLE TO LICENSEE FOR ANY DIRECT, INDIRECT OR SPECIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF USE, DATA, OR PROFITS; BUSINESS INTERRUPTION), WHETHER FORESEEABLE OR UNFORESEEABLE, ARISING OUT OF ANY USE OF THE SOFTWARE. SOFTWARE SPECIES LTD's CUMULATIVE LIABILITY FOR DAMAGES FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL BE LIMITED TO NO GREATER THAN THE AMOUNT OF MONEY PAID TO SOFTWARE SPECIES LTD FOR THE SOFTWARE THAT CAUSED THE DAMAGES. 2.5. Acceptance and Integration. Licensee agrees to accept the Software as distributed by Copyright Holder. Copyright Holder shall provide Licensee the relevant documentation and time-limited support to assist in using the Software as authorized. At Licensee's request, Copyright Holder may provide additional technical or manual support to Licensee to assist in integration at the current service rate established for the Software. 3. TERMS OF USE 3.1. Copyright Holder grants Licensee a non-exclusive, worldwide right to use, copy, customize the Software (as long as Licensee complies with the appropriate guidelines included in the Software distribution), sell, distribute and otherwise promote derivative software products and complementary works with or without intent of making profits, express or implied. 3.2. The stated rights are granted to Licensee for use in a single product. 3.3. This Agreement explicitly forbids the Licensee to create Software-based services and software products in direct competition with Software. 3.4. Copyright Holder charges Licensee a fixed fee, which makes this Agreement valid through the whole lifetime of the Software-based product developed by the Licensee. 3.5. Licensee consents to follow guidelines for customizing the Software set in the Software documentation. Violation of guidelines may result in termination of the Agreement (see section TERMINATION below.) 3.6. Licensee can use the Software on as many workplaces as required for evaluation and development purposes; create and redistribute copies of unaltered Software distribution; create and redistribute copies of the Software customized in accordance with appropriate guidelines set in the Software documentation. 4. TERMINATION 4.1. This Agreement may be terminated without reimbursements and/or indemnifications on one of the following conditions: a) Licensee fails to pay the license fees and/or update the license in timely manner, or otherwise fails to follow the terms of this Agreement. b) Licensee fails to follow alteration/customization guidelines set in the Software documentation; c) Licensee aborts usage of the Software for any reason. 4.2. THE OBLIGATIONS OF COPYRIGHT HOLDER AND LICENSEE IN PARAGRAPHS 2.2 AND 2.4 SHALL SURVIVE TERMINATION OF THIS AGREEMENT. 4.3. TERMINATION OF THIS AGREEMENT FOR ANY DERIVATIVE OR COMPLEMENTARY WORK REQUIRES WITHDRAWAL OF THE WORK IN QUESTION. LICENSEE CONSENTS TO STOP ANY DISTRIBUTION AND FOR-PROFIT USE OF SUCH DERIVATIVE WORKS AND/OR WRONGLY ALTERED VERSIONS OF THE SOFTWARE IN CASE OF TERMINATION.