CLOANTO SOFTWARE END USER LICENSE AGREEMENT IMPORTANT NOTICE: This Software End User License Agreement ("EULA") accompanies a specified edition of software by Cloanto Corporation ("Cloanto") and related data files, documentation and internet-based services ("Software"), or a unique Cloanto license key as further defined ("License Key") specifically released for a certain type of Software, or a combination of Software and License Key. Cloanto is willing to provide you with access to the Software and allow you to store, load, install, execute, display, copy the Software into the memory of your device, or to otherwise benefit from using the functionality of the Software in accordance with the Documentation as further defined herein ("Operating" or "Operate"), ONLY ON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS AND CONDITIONS CONTAINED IN THIS EULA. * * * This EULA is a legal contract between you and Cloanto Corporation ("Cloanto") for the Software and the License Key that was released for the Software. The term "Software" shall also include updates, modifications, supplements, add-on components, internet-based services components, additional copies made available to you by Cloanto after you obtain your initial copy of the Software, unless they are accompanied by separate terms (collectively, the "Updates"), and related user documentation and explanatory materials or files provided in written, "online" or electronic form (the "Documentation"). By installing, copying, or otherwise using the Software or License Key, you agree to be bound by the terms of this EULA and agree that this EULA is enforceable like any written negotiated agreement signed by you. If you do not agree with the terms of this EULA, do not install or use this Software or License Key, and promptly return it with proof of purchase to the place of purchase for a full refund. You may also receive a copy of this EULA by contacting Cloanto at www.retroplatform.com/contact/. You are subject to the terms and conditions of this EULA whether you access or obtain the Software directly from Cloanto, or through any other source. For purposes hereof, "you" means the individual person installing or Operating the Software on his or her own behalf; or, if the Software is being installed or Operated on behalf of an organization, such as an employer, "you" means the organization for which the Software is downloaded or installed and you represent that you have authorized the person accepting this EULA to do so on your behalf. For purposes hereof the term "organization", without limitation, includes any partnership, limited liability company, corporation, association, joint stock company, trust, joint venture, labor organization, unincorporated organization, or governmental authority. EVALUATION VERSION If no License Key accompanied this EULA, and as long as the Software was reproduced or made available online by Cloanto or with the written permission of Cloanto, or if the supplied License Key was a time-limited evaluation License Key, then that Software is considered an "Evaluation Version" of the Software. PROPRIETARY RIGHTS AND NON-DISCLOSURE (1) Ownership Rights. You agree that the Software and the authorship, systems, ideas, methods of operation, Documentation and other information contained in the Software, are proprietary intellectual properties and/or the valuable trade secrets of Cloanto and/or its respective affiliates, suppliers and licensors and are protected by civil and criminal law, and by the law of copyright, trade secret, trademark and patent of the United States, other countries and international treaties. You may use trademarks only insofar as to identify printed output produced by the Software in accordance with accepted trademark practices, including identification of trademark owner's name, and solely pursuant to the terms of this EULA. Such use of any trademark does not give you any rights of ownership in that trademark. Cloanto and/or its respective affiliates, suppliers and licensors own and retain all right, title, and interest in and to the Software, including without limitations any error corrections, enhancements, Updates or other modifications to the Software, whether made by Cloanto or any third party, and all copyrights, patents, trade secret rights, trademarks, and other intellectual property rights therein. Your possession, installation or Operation of the Software does not transfer to you any title to the intellectual property in the Software, and you will not acquire any rights to the Software except as expressly set forth in this EULA. All copies of the Software made hereunder must contain the same proprietary notices that appear on and in the Software. Except as stated herein, this EULA does not grant you any intellectual property rights in the Software and you acknowledge that the license granted under this EULA only provides you with a right of limited use under the terms and conditions of this EULA. (2) Source Code. You acknowledge that the source code for the Software is proprietary to Cloanto and constitutes trade secrets of Cloanto. (3) License Key and Confidential Information. You agree that, unless otherwise specifically provided herein or agreed by Cloanto in writing, the Software, including the specific design and structure of individual programs, including without limitation the License Key provided to you by Cloanto and/or its authorized resellers or distributors constitute confidential proprietary information of Cloanto. For purposes hereof, "License Key" shall mean a unique sequence of digit and/or symbols provided to you by Cloanto confirming the purchase of the license from Cloanto, which may carry the information about the license and the number of permitted users, and enabling the full functionality of the Software in accordance with the license granted under this EULA. You agree not to transfer, copy, disclose, provide or otherwise make available such confidential information in any form to any third party without the prior written consent of Cloanto. You agree to implement reasonable security measures to protect such confidential information, but without limitation to the foregoing, shall use best efforts to maintain the security of the License Key provided to you by Cloanto and/or its authorized resellers or distributors. (4) No Modification. You agree not to modify or alter the Software in any way unless specifically authorized hereunder or authorized by Cloanto in writing. You may not remove or alter any copyright notices or other proprietary notices on any copies of the Software. LICENSE Cloanto grants to you a nonexclusive personal limited license to Operate the Software and License Key in accordance with the terms of this EULA. This EULA does not give you any other rights to copyrights, trademarks, patents, patent applications, and other intellectual property rights that may be applicable to items contained in the Software or obtained from the use of the Software. Your use of a specific type of Software may also be subject to additional terms outlined elsewhere in this EULA ("Additional Terms"). YOU MAY: (1) use only one copy of the Software and the License Key on a single computer, terminal, workstation, personal digital assistant, "smart phone", mobile phone, hand-held device, or other electronic device for which the Software was designed (each a "Device"); (2) make copies of the Software in object code as long as you have licensed a unique License Key for each copy of the Software; (3) use the Software on a network, provided that you have licensed a unique License Key for the Software for each Device that can access the Software over such network; (4) print the Documentation accompanying the Software, if your only means of access to such documentation is electronic, and provided that you have licensed a unique License Key for the Software for each printed copy; (5) distribute redistributable components listed in the Documentation of the Software, including the default icons created by the Software and associated with data files written by the Software, as long as these icons remain associated with such data files; (6) make the minimum number of backup copies of the Software and License Key required by the backup method you use, provided that such backup copies are not installed or Operated on any Device; (7) transfer the Software and License Key on a permanent basis to another person or entity, provided that you retain no copies of the Software or License Key and the recipient agrees to the terms of this EULA; (8) reinstall an Evaluation Version of the Software if at least 6 months have passed since the previous installation of an Evaluation Version of the same Software on the same Device. YOU MAY NOT: (1) sublicense, rent, lease or lend any portion of the Software or License Key; (2) make copies of the License Key other than for the backup purposes permitted in this EULA; (3) make the Software or License Key available online other than installing the Software on a network as permitted in this EULA, even if the Software is an Evaluation Version; (4) use the Software on a network if one or more Evaluation Copies of the Software are in use on any Device that can access the Software over that network; (5) adapt, decrypt, reverse engineer, decompile, disassemble, modify, translate, or otherwise make any attempt to discover the source code of the Software in any way, or create derivative works from the Software, except and only to the extent that such activity is expressly permitted by a non-waivable provision of applicable law notwithstanding this limitation; (6) make any attempt to use the Software with a modified License Key, or with any type of number other than a License Key expressly provided by Cloanto for that specific Software; (7) make any attempt to reinstall or use an Evaluation Version of the Software on the same Device after the programmed expiration of the evaluation period, or 30 days after the first installation, whichever is shorter; (8) make any attempt to install an Evaluation Version of the Software more than once over a timeframe of 6 months on the same Device. ADDITIONAL SOFTWARE AND/OR SERVICES This EULA applies to Updates, modifications, supplements, add-on components, and internet-based services components, of the Software that Cloanto may provide to you or make available to you after you obtain your initial copy of the Software, unless they are accompanied by separate and/or superceding terms. Cloanto reserves the right to discontinue internet-based services at any time and for any reason provided to you or made available to you through the Operation of the Software. UPDATES While Cloanto has no obligation to make or to make available to you fixes, patches, improvements, or updates, of the Software, or to make these updates, fixes, patches, and/or improvements, available to you at no cost, Cloanto may release minor updates of the Software, some of which may be Operated with the same License Key, whereas major updates of Cloanto's products are typically released by Cloanto as a new product, in which case a new License Key may be provided as part of the update. When a new License Key is provided as part of an update, you must destroy the less recent Software and its License Key, unless otherwise specifically instructed by Cloanto in writing. NETWORK DEPENDENCY Portions of the Software may rely on connections to and through private communication networks and global computer communication networks, including the internet, to function correctly and without delay. Such communication networks are not under the control of Cloanto and their malfunctions, incompatibilities, irregularities and inconsistencies may cause the Software to fail to Operate or to Operate improperly. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CLOANTO OR ITS SUPPLIERS OR ANY OTHER PARTY INVOLVED IN THE CREATION, PRODUCTION OR DELIVERY OF THE SOFTWARE BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, LOSS OF USE, LOSS OF ANTICIPATED COSTS, EXPENSES OR DAMAGES, AND ANY DATA OR INFORMATION WHICH MAY BE LOST OR RENDERED INACCURATE, ARISING FROM DELAYS, MALFUNCTIONS, INCOMPATIBILITIES, IRREGULARITIES, INCONSISTENCIES OR ERRORS RELATING IN ANY WAY TO INTERNET OR OTHER COMMUNICATION NETWORK CONNECTIONS. TERM AND TERMINATION The term of this EULA ("Term") shall begin when you install the Software or pay the applicable license fees (whichever is earlier) and shall continue for the term specified in your order provided that if no terms is specified then the licenses hereunder are granted in perpetuity unless this EULA is terminated pursuant to the terms hereof. Cloanto may terminate this EULA at any time by notice if you breach any provision, covenant or warranty hereunder. Notwithstanding anything to the contrary herein and without prejudice to any other rights, this EULA will terminate automatically if you fail to comply with any of the limitations or other requirements described herein. Upon any termination or expiration of this EULA, you must immediately cease use of the Software and destroy all copies of the Software. Upon termination of this EULA you will no longer be authorized to Operate or use the Software in any way. MATERIAL TERMS AND CONDITIONS You specifically agree that each of the terms and conditions of this EULA are material and that failure of you to comply with these terms and conditions shall constitute sufficient cause for Cloanto to immediately terminate this EULA and the license granted under this EULA. LIMITED WARRANTY Cloanto warrants solely for the minimum warranty period mandated by a non-waivable provision of applicable law in your jurisdiction, from the earlier of i) original purchase of the media (e.g. diskettes) on which the Software is contained, or ii) the date the License Key is provided to you by Cloanto, the Software will be free from defects in materials and workmanship and that the Software will perform substantially in accordance with the Documentation or generally conform to the Software's specifications published by Cloanto. Non-substantial variations of performance from the Documentation do not establish a warranty right. THIS LIMITED WARRANTY DOES NOT APPLY TO TRIAL AND EVALUATION VERSIONS, UPDATES, PRE-RELEASE, TRYOUT, SOFTWARE SAMPLER, OR NOT FOR RESALE (NFR) COPIES OF SOFTWARE. To make a warranty claim, you must return the Software to the location where you obtained it along with proof of purchase within such sixty (60) day period of the license fee you paid for the Software. THE LIMITED WARRANTY SET FORTH IN THIS SECTION GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE ADDITIONAL RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION. CUSTOMER REMEDIES Cloanto and its suppliers' entire liability and your exclusive remedy for any breach of any warranty hereunder shall be at Cloanto's option: (i) return of the purchase price paid for the license, if any, (ii) replacement of the defective media in which the Software is contained, or (iii) correction of the defects, "bugs" or errors within a reasonable period of time. You must return the defective media to Cloanto at your expense with a copy of your receipt. This limited warranty is void if the defect resulted from accident, abuse, or misapplication. Any replacement media will be warranted for the remainder of the original warranty period. Outside the United States, this remedy may not be available to the extent Cloanto is subject to restrictions under United States export control laws and regulations. NO OTHER WARRANTIES EXCEPT FOR EXPRESSED FOREGOING LIMITED WARRANTY, IF ANY, AND FOR ANY WARRANTY, CONDITION, REPRESENTATION OR TERM TO THE EXTENT TO WHICH THE SAME CANNOT OR MAY NOT BE EXCLUDED OR LIMITED BY LAW APPLICABLE TO YOU IN YOUR JURISDICTION, CLOANTO AND ITS SUPPLIERS EXPRESSLY DISCLAIM ANY WARRANTY FOR THE SOFTWARE. THIS SOFTWARE AND THE ACCOMPANYING WRITTEN MATERIALS ARE PROVIDED "AS IS", ON AN "AS AVAILABLE" BASIS, WITHOUT WARRANTY OF ANY KIND WHATSOEVER. CLOANTO AND ITS SUPPLIERS MAKE NO WARRANTY THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS, OR THAT THE SOFTWARE WILL PERFORM UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, OR THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SOFTWARE WILL BE ACCURATE OR RELIABLE OR THAT THE SOFTWARE IS COMPATIBLE WITH ANY PARTICULAR HARDWARE OR SOFTWARE. YOU RECOGNIZE THAT THE ACCURACY OF ANY DATA OR INFORMATION WHICH MAY BE OBTAINED FROM THE USE OF THE SOFTWARE SHOULD BE CHECKED BEFORE YOU RELY ON IT. CLOANTO AND ITS SUPPLIERS MAKE NO PROMISES OR REPRESENTATIONS, WHETHER EXPRESSED OR IMPLIED, WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE, REGARDING OR RELATING TO THE SOFTWARE OR CONTENT THEREIN OR TO ANY OTHER MATERIAL FURNISHED OR PROVIDED TO YOU PURSUANT TO THIS EULA OR OTHERWISE. THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE SOFTWARE REMAINS WITH YOU, AND CLOANTO AND ITS SUPPLIERS MAKE YOU ASSUME ALL RISKS AND RESPONSIBILITIES FOR SELECTION OF THE SOFTWARE TO ACHIEVE YOUR INTENDED RESULTS, AND FOR THE INSTALLATION OF, USE OF, AND RESULTS OBTAINED FROM THE SOFTWARE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CLOANTO DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, INTEGRATION, SATISFACTORY QUALITY OR FITNESS FOR ANY PARTICULAR PURPOSE WITH RESPECT TO THE SOFTWARE AND THE ACCOMPANYING WRITTEN MATERIALS OR THE USE THEREOF. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. YOU HEREBY ACKNOWLEDGE THAT THE SOFTWARE MAY NOT BE OR BECOME AVAILABLE DUE TO ANY NUMBER OF FACTORS INCLUDING WITHOUT LIMITATION PERIODIC SYSTEM MAINTENANCE, SCHEDULED OR UNSCHEDULED, ACTS OF GOD, TECHNICAL FAILURE OF THE SOFTWARE, TELECOMMUNICATIONS INFRASTRUCTURE, OR DELAY OR DISRUPTION ATTRIBUTABLE TO VIRUSES, DENIAL OF SERVICE ATTACKS, INCREASED OR FLUCTUATING DEMAND, AND ACTIONS AND OMISSIONS OF THIRD PARTIES. THEREFORE, CLOANTO EXPRESSLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY REGARDING CLOANTO'S INTERNET SITES, SUPPORT, SYSTEMS AND/OR SOFTWARE AVAILABILITY, ACCESSIBILITY, OR PERFORMANCE. CLOANTO DISCLAIMS ANY AND ALL LIABILITY FOR THE LOSS OF DATA DURING ANY COMMUNICATIONS AND ANY LIABILITY ARISING FROM OR RELATED TO ANY FAILURE BY CLOANTO TO TRANSMIT ACCURATE OR COMPLETE INFORMATION TO YOU. LIMITATION OF LIABILITY, NO LIABILITY FOR CONSEQUENTIAL DAMAGES YOU ASSUME THE ENTIRE COST OF ANY DAMAGE RESULTING FROM YOUR USE OF THE SOFTWARE AND THE INFORMATION CONTAINED IN OR COMPILED BY THE SOFTWARE, AND THE INTERACTION (OR FAILURE TO INTERACT PROPERLY) WITH ANY OTHER HARDWARE OR SOFTWARE WHETHER PROVIDED BY CLOANTO OR A THIRD PARTY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CLOANTO OR ITS SUPPLIERS OR ANY OTHER PARTY INVOLVED IN THE CREATION, PRODUCTION OR DELIVERY OF THE SOFTWARE BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, LOSS OF USE, LOSS OF ANTICIPATED COSTS, BUSINESS INTERRUPTION, LOSS OF GOODWILL, WORK STOPPAGE, HARDWARE OR SOFTWARE DISRUPTION IMPAIRMENT OR FAILURE, REPAIR COSTS, TIME VALUE EXPENSES OR DAMAGES, OR OTHER PECUNIARY LOSS, AND ANY DATA OR INFORMATION WHICH MAY BE LOST OR RENDERED INACCURATE, ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE OR THE INCOMPATIBILITY OF THE SOFTWARE WITH ANY HARDWARE SOFTWARE OR USAGE, EVEN IF CLOANTO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In any case, Cloanto's entire liability in any one or more cause of action, whether in contract, tort or otherwise under any provision of this EULA shall be limited to the cumulative amount of fees paid by you for the Software or License Key, or USD 5.00, whichever is higher. Some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitations may not apply to you. Further, the forgoing limitations of liability shall not apply to liability for death or personal injury to the extent that applicable law prohibits such limitation. HIGH RISK ACTIVITIES The Software is not fault-tolerant and is not designed, manufactured or intended for use or resale as on-line control equipment in hazardous environments requiring fail-safe performance, such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines, or weapons systems, in which the failure of the Software could lead to death, personal injury, or severe physical or environmental damage ("High Risk Activities"). ACCORDINGLY, CLOANTO AND ITS SUPPLIERS SPECIFICALLY DISCLAIM ANY EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR HIGH RISK ACTIVITIES. YOU AGREE THAT CLOANTO AND ITS SUPPLIERS WILL NOT BE LIABLE FOR ANY CLAIMS OR DAMAGES ARISING FROM THE USE OF THE SOFTWARE IN SUCH APPLICATIONS. LINKS AND CONTENT BY THIRD PARTIES The Software may provide links to third-party sites or services. Because Cloanto has no control over such third-party sites or services, you acknowledge and agree that Cloanto is not responsible for the availability of such external sites or services, and does not endorse and is not responsible or liable for any content, acts, advertising, products, or other materials on or available from such third-party sites or services. You further acknowledge and agree that Cloanto shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third-party sites or services. CLOANTO AND ITS SUPPLIERS EXPRESSLY DISCLAIM ALL LIABILITY FOR CONTENT, ACTS, ADVERTISING, PRODUCTS OR OTHER MATERIALS PRESENTED BY THIRD PARTIES, INCLUDING BUT NOT LIMITED TO ADVERTISERS, AD-SERVING PARTNERS AND UNAUTHORIZED USERS (OR "CRACKERS"). INDEMNIFICATION This Software is intended for use only with properly licensed media, content and content creation tools. You agree to use only those materials for which you have the necessary patent, copyright and other permissions, licenses, and/or clearances. You agree to indemnify, defend and hold harmless Cloanto and its respective officers, directors, employees, agents, successors, and assigns from any and all losses, liabilities, damages and claims, and all related expenses (including reasonable legal fees and disbursements and costs of investigation, litigation, settlement, judgment, interest and penalties) and costs related to, arising from, or in connection with any third-party claim related to, arising from, or in connection with the actual or alleged: (i) infringement by you (except when such breach is exclusively attributable to Software) of any third-party intellectual property and/or proprietary right, including, but not limited to, patent, trademark, copyright, trade secret, publicity and/or privacy, (ii) personal injury (including death) or property damage due to your gross negligence or intentional misconduct, (iii) any tax liability arising out of this EULA (except for Cloanto's income tax), and/or (iv) breach by you of any of its representations, warranties, obligations, and/or covenants set forth herein. ADDITIONAL PROTECTION MEASURES Solely for the purpose of preventing unlicensed use of the Software, the Software, during the installation or an online activation, may install on your Device technological measures that are designed to prevent unlicensed use, and Cloanto may use this technology to confirm that you have a licensed copy of the Software. The update of these technological measures may occur through the installation of the Updates. The Updates will not install on unlicensed copies of the Software. If you are not using a properly licensed copy of the Software, you are not allowed to install the Updates. Cloanto will not collect any personally identifiable information from your Device during this process of installing such technological measures but the activation of the Software may require you to enter such personally identifiable information and the collection and use of such information is governed by the Cloanto's Privacy policy, as updated from time to time, as found at www.retroplatform.com/privacy/. REPORTING COPYRIGHT INFRINGEMENTS In accordance with Title II of the Digital Millennium Copyright Act (DMCA), an agent has been designated to receive notification of a claimed copyright infringement. If you believe that your copyrighted work is being infringed on a Cloanto web site or on or through the Software, please notify Cloanto's DMCA Designated Agent, as listed under "DMCA Notification" at www.retroplatform.com/contact/. FEEDBACK Any comments, materials, screenshots, suggestions, configurations, submissions or other feedback ("Feedback") that you choose to submit to Cloanto by any means, whether by email, web, telephone, facsimile, letter, or any other means, shall be considered non-confidential and any intellectual property rights related to or arising form Feedback shall be the owned by Cloanto. Cloanto shall have no obligation of any kind with respect to such Feedback and shall be free to use, reproduce, edit, translate, reformat, disclose, distribute, transmit, publicly display, publicly perform, create derivative works and distribute the Feedback to others without limitation. Further, Cloanto shall be free to use any ideas, concepts, know-how or techniques contained in such Feedback for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products incorporating such Feedback. No compensation will be paid with respect to the use of your Feedback. Cloanto is under no obligation to use any Feedback you may provide. PUBLICITY Cloanto may identify you to the public as a customer of Cloanto and describe in a customer case study the services and solutions delivered by Cloanto to you. To the extent that the parties desire a press release, you and Cloanto will prepare and distribute a joint press release. The parties will mutually agree on the contents and timing of such a release. Neither party will issue any further press releases or make any other disclosures regarding this EULA or its contents without the other party's prior written consent or except as may be required by law. Each party may include the other, including but not limited to its names, logos, or trademarks, among listings of its content providers or clients. Nothing contained in this Section shall be construed as an obligation by you to disclose any of your proprietary or confidential information to any third party. In addition, you may opt out from this Section by writing an opt-out request to Cloanto at www.retroplatform.com/contact/. PRIVACY POLICY You acknowledge receipt of and agree to Cloanto's privacy statement which is made available to you in connection with installation and is set forth in full at www.retroplatform.com/privacy/. You hereby expressly consent to Cloanto's processing of your personal data (which may be collected by Cloanto or its distributors) according to Cloanto's current privacy policy as of the date of the effectiveness hereof which is incorporated into this EULA by reference. By entering into this EULA, you agree that Cloanto may collect and retain information about you, including your name, email address and credit card information. Cloanto employs other companies and individuals to perform certain functions on its behalf. Examples include fulfilling orders, delivering packages, sending postal mail and email, removing repetitive information from customer lists, analyzing data, providing marketing assistance, processing credit card payments, and providing customer service. They have access to personal information needed to perform their functions, but may not use it for other purposes. Cloanto publishes a privacy policy on its web site and may amend such policy from time to time in its sole discretion. You should refer to Cloanto's privacy policy prior to agreeing to this EULA for a more detailed explanation of how your information will be stored and used by Cloanto. If "you" are an organization, you will ensure that each member of your organization (including employees and contractors) about whom personal data may be provided to Cloanto has given his or her express consent to Cloanto's processing of such personal data. Personal data will be processed by Cloanto or its distributors in the country where it was collected, and possibly in the United States and in the European Union. United States laws regarding processing of personal data may be less or more stringent than the laws in your jurisdiction. EXPORT RESTRICTIONS The Software may contain technology relating to strategic products controlled by export or import control laws of the producing and/or exporting or importing countries. The Software or any portion thereof should not be exported, transshipped, reexported, or imported without authorization from the appropriate authorities in accordance with such laws. You specifically acknowledge and agree that the Software may be subject to restrictions and controls imposed by the Export Administration Act and the Export Administration Regulations of the United States (the "Acts"). You agree and certify that the Software is not being or will not be used for any purpose prohibited by the Acts. You may not Operate, download, export, or re-export the Software (a) into, or to a national or resident of, any country to which the United States has embargoed goods, or (b) to anyone on the United States Treasury Department's list of Specially Designated Nationals or the United States Commerce Department's Table of Deny Orders. By downloading or using the Software in any way, you are representing and warranting that you are not located in, under the control of, or a national or resident of any such country or on any such list. You acknowledge that it is your sole responsibility to comply with any and all government export and other applicable laws and that Cloanto has no further responsibility for such after the initial license to you. You warrant and represent that neither the United States Commerce Department, Bureau of Export Administration nor any other United States federal agency has suspended, revoked or denied your export privileges. DISTRIBUTION TO THE UNITED STATES GOVERNMENT This commercial computer software product, defined herein as Software and commercial computer software documentation are "commercial items" as defined in FAR 2.101 (a) and have been developed entirely at private expense. Use, duplication, and disclosure by civilian agencies of the United States Government shall be in accordance with FAR 52.227-19 (c) or other agency data rights provisions, as may be applicable. Use, duplication and disclosure by United States Department of Defense agencies is subject solely to the terms of this standard software EULA, as stated in DFARS 227.7202. Unpublished - All rights reserved under the Copyright Laws of the United States. Supplier is Cloanto Corporation, P.O. Box 27740, Las Vegas, NV 89126. (This address is provided here for the exclusive use of United States Government agencies. General user inquiries should be addressed as indicated in the Software's Documentation and at www.retroplatform.com/contact/.) SITE LICENSES The owner of the Device on which the Software is installed or used may have entered into a license agreement with Cloanto governing the use of certain Cloanto products including this Software. To the extent that the owner of the Device has entered into such an agreement that specifically states that it governs the use of the Software on Devices owned by the owner, then any conflict between that agreement and this EULA shall be resolved in favor of the superceding terms of that agreement, but otherwise this EULA shall simultaneously govern your license to the Software. MISCELLANEOUS This EULA is governed by the laws of the Commonwealth of Virginia, USA, without reference to conflicts of law rules and principles. The federal and state courts within the Fairfax County, Commonwealth of Virginia shall have exclusive jurisdiction to adjudicate any dispute arising out of this EULA provided that Cloanto, as claimant, may initiate proceeding against you in any applicable jurisdiction. You further agree and expressly consent to the exercise of personal jurisdiction in the courts of Virginia in connection with any such dispute including any claim involving Cloanto or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and content providers. This EULA shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. This EULA may only be modified by a contemporaneous or succeeding license addendum accompanying the Software, or by a contemporaneous or succeeding written document which has been signed by both you and Cloanto. This EULA is the entire agreement between you and Cloanto and supersedes any other prior EULAs, proposals, communications or advertising, oral or written, with respect to the Software or to subject matter of this EULA. You acknowledge that you have read this EULA, understand it and agree to be bound by its terms If any provision of this EULA is held by a court of competent jurisdiction to be void, invalid, illegal or unenforceable for any reason, in whole or in part, such provision shall be more narrowly construed and reformed only to the extent necessary to make it enforceable; the remaining provisions shall remain in full force and effect, and the entire EULA will not fail on account thereof and the balance of the EULA will continue in full force and effect to the maximum extent permitted by law or equity while preserving, to the fullest extent possible, its original intent. No waiver of any provision or condition herein shall be valid unless in writing and signed by you and an authorized representative of Cloanto provided that no waiver of any breach of any provisions of this EULA will constitute a waiver of any prior, concurrent or subsequent breach. Cloanto's failure to insist upon or enforce strict performance of any provision of this EULA or any right shall not be construed as a waiver of any such provision or right. No action, regardless of form, arising out of the transactions under this EULA, may be brought by either party hereto more than one (1) year after the cause of action has occurred and was discovered to have occurred (or should have been reasonably discovered to have occurred), except that an action for infringement of intellectual property rights may be brought within the maximum applicable statutory period. Should you have any questions concerning this EULA, please contact Cloanto as indicated in the software Documentation and at www.retroplatform.com/contact/. ADDITIONAL TERMS - AMIGA FOREVER SOFTWARE The ROM, OS and application components are licensed to you by Cloanto Corporation, unless otherwise indicated in the files or in the documentation. Use of the Software without a License Key is ALLOWED. The ROM, OS and application components are licensed for exclusive use on Android devices. Additional disclaimers, limitations of liability and other limitations may apply. Please refer to the documentation for detailed information. Copyright © 1987-2013 Cloanto Corporation. All rights reserved. The Software and any accompanying Documentation are copyrighted and protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties.