IMPORTANT, PLEASE READ CAREFULLY. THIS IS A LICENSE AGREEMENT. Zebble is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. Zebble is licensed, not sold. End User License Agreement ----------------------------- This End User License Agreement (“EULA”) is a legal agreement between you (either an individual or a single entity) and Mobile App Technologies Ltd with regard to the copyrighted software, Zebble, herein referred to as “SOFTWARE PRODUCT” or “SOFTWARE” provided with this EULA. The SOFTWARE PRODUCT includes, without limitation, computer software, the associated media, any printed materials, and any “online” or electronic documentation. Downloading, installing, copying or otherwise using any SOFTWARE and related documentation provided to you by Mobile App Technologies Ltd in whatever form or media, will confirm you have read and understood and agreed to be bound by these terms, unless separate terms are provided by Mobile App Technologies Ltd, in which case certain additional or different terms may apply. If you do not agree to be bound by the terms of this EULA, do not download, install, copy or use the SOFTWARE. If you do not agree to be bound by the terms of this EULA, Mobile App Technologies Ltd is unwilling to license the SOFTWARE PRODUCT to you. 1. Eligible Licensees. The SOFTWARE is available to license solely to SOFTWARE users, with no right of duplication or further distribution, licensing or sub-licensing. IF YOU DO NOT OWN OR HAVE A LICENCE TO USE THE SOFTWARE, THEN DO NOT DOWNLOAD, INSTALL, COPY OR USE THE SOFTWARE. 2. License Grant. Subject to the terms of this EULA, Mobile App Technologies Ltd grants you a personal, non-transferable and non-exclusive right to use the copy of the SOFTWARE. You agree you will not copy the SOFTWARE except as necessary to install and use it on a single computer. This license of SOFTWARE may not be shared or used concurrently on separate computers. You agree that you may not copy the written materials accompanying the SOFTWARE. Modifying, translating, renting, copying, transferring or assigning all or part of the SOFTWARE, or any rights or license granted hereunder, to any other persons and removing any proprietary notices, labels or marks from the SOFTWARE is strictly prohibited. Furthermore, you hereby agree not to create derivative works based on the SOFTWARE. You may not transfer the SOFTWARE. 3. Copyright. The SOFTWARE is licensed, not sold. You acknowledge that no title to the intellectual property in the SOFTWARE is transferred to you. You further acknowledge that title and full ownership rights to the SOFTWARE will remain the exclusive property of Mobile App Technologies Ltd and/or its suppliers, and you will not acquire any rights to the SOFTWARE, except as expressly provided under the license and in this EULA. All copies of the SOFTWARE will contain the same proprietary notices as contained in or on the SOFTWARE. All title and copyright in and to the SOFTWARE PRODUCT (including but not limited to any logos, images, photographs, animations, video, audio, music, text and “applets,” incorporated into the SOFTWARE PRODUCT), the accompanying printed materials, and any copies of the SOFTWARE PRODUCT, are owned by Mobile App Technologies Ltd or its suppliers. The SOFTWARE PRODUCT is protected by copyright laws and international treaty provisions. You may not copy the printed materials accompanying the SOFTWARE PRODUCT. 4. Reverse Engineering. You agree that you will not attempt, and if you are a corporation, you will use your best efforts to prevent your employees and contractors from attempting to reverse compile, modify, translate, separate or disassemble the SOFTWARE in whole or in part. 5. Disclaimer of Warranty. The SOFTWARE is provided “AS IS” without warranty of any kind. Mobile App Technologies Ltd, its officers, employees and its suppliers disclaim and make no express or implied warranties and specifically disclaim the warranties of accuracy, merchantability, fitness for a particular purpose and non-infringement of third-party rights. The entire risk as to the quality and performance of the SOFTWARE is with you. Neither Mobile App Technologies Ltd nor its officers, employees or suppliers warrant that the functions contained in the SOFTWARE will meet your requirements or that the operation of the SOFTWARE will be uninterrupted or error-free. Mobile App Technologies Ltd is not obligated to provide any updates or fixes to the SOFTWARE. 6. Fees. Mobile App Technologies Ltd may charge fees for the grant of the license and use of the SOFTWARE as it determines in its sole discretion. You agree to pay any fees owing under this EULA as notified to you by Mobile App Technologies Ltd from time to time. 7. Rental. You may not loan, rent, or lease the SOFTWARE. 8. Upgrades. If the SOFTWARE is an upgrade from an earlier release or previously released version, you may use that upgraded product only in accordance with this EULA. If the SOFTWARE PRODUCT is an upgrade of a software program which you licensed as a single product, the SOFTWARE PRODUCT may be used only as part of that single product package and may not be separated for use on more than one computer. 9. Product Support. Product support for the SOFTWARE PRODUCT is provided by Mobile App Technologies Ltd. For product support, please contact Mobile App Technologies Ltd. Should you have any questions concerning this, please contact us at the address provided in the documentation or http://www.Mobile App Technologies.ltd.uk. 10. Audit. Mobile App Technologies Ltd may, at any time, conduct an audit of your use of the SOFTWARE to assess compliance with the license and this EULA. You agree to grant Mobile App Technologies Ltd all access necessary and provide Mobile App Technologies Ltd with all information requested by Mobile App Technologies Ltd for the purposes of conducting an audit. 11. No Liability for Consequential Damages. In no event shall Mobile App Technologies Ltd, its officers, employees or suppliers be liable for any loss or damages whatsoever (including, without limitation, incidental, direct, indirect, special and consequential damages, damages for loss of business profits, business interruption, loss of business information, or other pecuniary loss) arising out of the use or inability to use the SOFTWARE, even if Mobile App Technologies Ltd has been advised of the possibility of such loss or damages. 12. Indemnification By You. If you use, copy or distribute the SOFTWARE in violation of this Agreement, you agree to indemnify, hold harmless and defend Mobile App Technologies Ltd, its officers, employees and suppliers from and against any claims or lawsuits, including attorney's fees that arise or result from the use, copying or distribution of the SOFTWARE in violation of this Agreement. 13. Term. The license will automatically terminate if you fail to comply with any of the terms and conditions contained in this EULA. In such event, you must destroy all copies of the SOFTWARE and all of its component parts. 14. Governing law. The license and this EULA shall be deemed to have been made in, and you shall submit to the jurisdiction of the laws of, New Zealand. 15. Miscellaneous. If any provision of this EULA is held invalid, unenforceable or illegal for any reason, this EULA shall remain otherwise in full force apart from such provision which shall be deemed deleted. No right under this EULA shall be deemed to be waived except in writing signed by an authorised officer of Mobile App Technologies Ltd. This EULA and license is the final, complete and exclusive agreement between you and Mobile App Technologies Ltd, and supersedes all prior or contemporaneous understandings and agreements relating to such subject matter, whether oral or written. This EULA may only be modified in writing signed by an authorised officer of Mobile App Technologies Ltd. Mobile App Technologies Ltd 66a London Road Morden SM4 5BE United Kingdom