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Tutti Music Player

For iOS

This End User License Agreement (“Agreement“) is between you and SMH Enterprises LLC dba Spectrum Interactive (“Spectrum”) and governs 
your
 use
of
the
Tutti™
Player
application
which
operates
on
an
iPhone, iTouch
or
iPad device, or
other
computing
device
marketed
or
manufactured
by
Apple, Inc. (the “Tutti Player” or “Tutti”) made available through the Apple App Store. The Tutti Player allows you to use certain aspects of Spectrum’s service, available at www.TuttiPlayer.com and other online resources (the “Tutti Service“). Your
use
of
the Tutti Player constitutes your
acceptance
of
the
terms
of
this
Agreement, the Apple Agreement (defined below), and all Tutti Agreements and Policies, each which
may
be
amended from time to time by Spectrum as described below.

1. Parties. This Agreement is between you and Spectrum only, and not Apple, Inc. (“Apple“). Spectrum, not Apple, is solely responsible for the Tutti Player and its content. Although Apple is not a party to this Agreement, Apple has the right to enforce this Agreement against you as a third party beneficiary.

2. Acceptance of this Agreement; Amendments to this Agreement and Other Policies. Your
use
of the
Tutti
Player
constitutes
your
acceptance
of
the
terms
of
this
Agreement and each of the Related Agreements and Policies described below,
each which may
be
amended from
 time
 to
 time
 by
 Spectrum.
 The
 most
 recent
 version
 of
 this
 Agreement
 shall
 always
 be
 available
 on
 the
 Internet
 at 
www.TuttiPlayer.com
 and
 the
 most recent
 version
 shall
 supersede
 any
 and
 all
 other
 versions
 of
 this
 Agreement.
 Spectrum 
reserves
the
right
to
change
or
modify
this
Agreement
or
any
other
Spectrum
policies
related
to
use
of
the
Tutti
Player
at
any
time
and
at
its
sole
discretion
by
posting
revisions
on the
 Internet
 at
 http://www.Tutti Player.com.
 Continued
 use
 of
 the
 Tutti Player
 following
the
posting
of
these
changes
or
modifications
will
constitute
acceptance
of
such
changes
or
modifications.

Your acceptance of this Agreement also constitutes acceptance of the following “Related Agreements and Policies”:

(a)   Acceptable Use Policy.  Your use of the Tutti Player and license to “Tutti Content” (defined below) is conditioned upon and subject to Spectrum’s Acceptable Use Policy, which you can find at www.tuttiplayer.com/acceptable-use.

(b) Privacy Policy. Spectrum may collect and use your information as set forth in its Privacy Policy (www.Tuttiplayer.com/privacy), which are made a part of this Agreement. Spectrum also makes the following App-specific privacy disclosure: Spectrum’s analytics service provider may collect the following information: technical information about the App (such as version number), App session information, your preferred language, and your preferred time zone. The information is then aggregated and used by Spectrum to measure the use and performance of the App. Spectrum may publicly disclose the aggregate information. Spectrum will not share any individual App user data with third parties, except in the case of a court order, subpoena, or a lawful government demand or to investigate violations of this Agreement.

(c) 
Agreement for Non-Apple Devices. To use the Tutti Player you will need to acquire “Tutti Content” (defined below). You are permitted to operate the Tutti Content for which you are licensed using the Tutti Player on
an
iPhone,
iTouch
or
iPad
device,
or
other
computing
device
marketed
or
manufactured
by
Apple,
Inc.
 (your
“Apple
Computing
Device”), subject to such limitations stated in the Apple Agreement from time to time. Additionally, you may use the Tutti Content on versions of the Tutti Player designed for certain devices other than Apple Computing Devices (“Other Tutti Players”), provided that you agree to the terms of use applicable to such Other Tutti Players, including any purchase price or other preconditions to your installation of such Other Tutti Players and Tutti Content. Your installation and use of an Other Tutti Players constitutes
your
acceptance
of
the
terms and conditions of use applicable to such Other Tutti Player, which
may
be
amended
 from
 time
 to
 time by
 Spectrum.

4. Your Agreement to this Agreement and certain Agreements Referenced in This Agreement.

(a) Apple Agreement. This Agreement incorporates
 by
 reference
 the
 Licensed
 Application
 End
 User
 License
 Agreement
published
 by
 Apple,
 Inc. (the
 “Apple Agreement”)
 and currently located
 online
 at http://www.apple.com/legal/itunes/appstore/dev/stdeula/.
 For
 purposes
 of
 this
 Agreement,
 the
 “Tutti Player”
 is
 considered
 the
 “Licensed Application”
 and
 “Tutti Dynamics Inc.” is considered the “Application Provider,” as these terms are
defined
in
the
Apple Agreement. 
If
any terms
of
this
Agreement
 conflict
with
the
terms
of
the
Apple Agreement, the
terms
of
this
Agreement
shall control.

(b) Apple Terms and Conditions. You
 acknowledge
 that
 you
 have
 reviewed
 the
 App
 Store
 Terms
 and
 Conditions
 (located
 online
 at
 http://www.apple.com/legal/itunes/us/terms.html#APPS).

5. Tutti Player Limited License. Spectrum grants you a limited, non-exclusive, non-transferrable, revocable license to use the Tutti Player for your personal, non-commercial purposes. You may only use the Tutti Player on an Apple Computing Device that you own or control and as permitted by the App Store Terms of Service.  You are limited to using Tutti Content that you license on not more than a five (5) devices Apple Computing Devices and Other Computing Devices, each which must be devices that you own or control.

6. Tutti Content Limited License. The Tutti Player and Services allow you to download, store, play and experience sheet music, images, sound, multimedia or other content or files that are part of or associated with the Tutti Player and Services (“Tuttis”) and other content provided or presented to you by Spectrum (together “Tutti Content”).  All Tutti Content is owned or licensed by Spectrum, and provided for your access and use solely through the Tutti Player and Services. Your rights to a specific Tutti may be granted through your purchase of that Tutti, or by arrangements between Spectrum and a third party organization, typically providing you access to the Tutti through an “Access Code”.

Upon your rightful access to a Tutti (i.e., through proper payment or proper use of an Access Code), you are granted a limited, revocable, personal, non-commercial license to use that Tutti during such times, in such geographical locations and subject to such conditions imposed by this Agreement or specifically stated from time to time by Spectrum with respect to such Tutti.

Other than as permitted herein, you may not access, modify, publish, share or otherwise use or disclose any Tutti Content, whether installed or stored on your computer, or otherwise accessed by you without the express written permission of Spectrum.

You agree to only access and use Tuttis purchased or acquired using Access Codes rightfully provided directly to you by Spectrum or an organization of which you are a constituent. Where you receive a code from an organization, your rights to use, store and access the Tutti associated with that code may be further limited by agreements between Tutti and such organization (“Third Party Terms”), which include automatic termination of your right to use Tuttis associated with your Access Codes if you violate your license to use such Tuttis.  You rights to such Tuttis are limited by such Third Party Terms whether or not such terms are disclosed to you.

Spectrum reserves the right to rescind or modify this license grant with respect to any Tuttis, and to automatically remove, replace or supplement any or all files and other content associated with such Tuttis, in its sole discretion, including but not limited to the following reasons: (a) a good faith determination by Tutti that use of such Tuttis may infringe upon a third party’s rights in such Tuttis, (b) your breach of this Agreement; (c) as required by Third Party Terms; and (d) due to changes in functionality, creative decisions, or Spectrum’s strategic direction.

Any
use
of
the
Tutti Player or any Tutti Content in
any
manner
not
allowed
under
this
Agreement
 or
the
Apple Agreement, including, without limitation, resale, transfer, modification or distribution of the Tutti Player or copying or distribution of text, pictures, music, barcodes, video, data, hyperlinks, displays and other content
 provided by the Tutti Player is prohibited.

7.
 Indemnification.
 You
 agree
 to
 defend,
 indemnify,
 and
 hold
 harmless
 Spectrum and
 its
 employees,
 contractors,
 officers,
 and
 directors
 from
 any
 and
 all
 claims,
 suits,
 damages,
 costs,
 lawsuits,
 fines,
 penalties,
 liabilities, expenses (including attorney’s fees) that arise from your use or misuse of the Tutti Player,
violation
of
 this
Agreement
or
violation
of
any
rights
of
a
third
party.
Spectrum 
reserves
the
right
to
assume
the
exclusive defense
 and
 control
 of
 any
 matter
 otherwise
 subject
 to
 indemnification
 by
 you,
 in
 which
 event
 You
 will
 cooperate in asserting any available defenses.

8.
Proprietary Nature of Tutti Player and Marks.
Spectrum 
owns
the
Tutti Player
and
any
and
all
trademarks,
 service
marks
and
other
content
included
in
the
Tutti Player.
The
Tutti Player
may
use
trademarks,
service
marks
 or
 other
 content
 in
 connection
 with
 the
 services
 it
 provides
 and
 such
 trademarks,
 service
 marks
 or
 other
 content
remains
at
all
times
the
property
of
its
respective
owner.
You
have
no
right
or
license
with
respect
to
 any
trademarks,
service
marks
and
other
content
owned
by
Spectrum
or
any
third
party
that
is
visible
on
or
 provided
 to
 You
 through
 the
 Tutti Player.
 The
 word
 mark
 “TUTTI PLAYER”
 and
 the
 “Tutti Player”
 logo
 are common law trademarks of Spectrum.

9. Maintenance and Support. Because the Tutti Player is free, Spectrum does not provide any maintenance or support for it. To the extent that any maintenance or support is required by applicable law, Spectrum, not Apple, shall be obligated to furnish any such maintenance or support. This Agreement does not entitle you
to
receive
and
does
not
obligate
 Spectrum to
provide
hard copy documentation, support, telephone
assistance, or
enhancements
or
updates
to
 the
Tutti Player.

10. Warranty. The Tutti Player is provided for free on an “as is” basis. As such, Spectrum disclaims all warranties about the Tutti Player to the fullest extent permitted by law. To the extent any warranty exists under law that cannot be disclaimed, Spectrum, not Apple, shall be solely responsible for such warranty.

11. Limitation of Liability.
 TO
 THE
 FULLEST
 EXTENT
 ALLOWABLE
 UNDER
 APPLICABLE
 LAW,
 (A)
 IN
 NO
EVENT
 SHALL
 SPECTRUM (AND ITS OFFICERS, DIRECTORS AND AFFILLIATES)
 BE
 LIABLE
 TO
 YOU
 WITH
 RESPECT
 TO
 USE
 OF
 THE
 TUTTI PLAYER, SERVICES OR TUTTI CONTENT;
 AND
 (B)
 IN
 NO EVENT SHALL SPECTRUM (AND ITS OFFICERS, DIRECTORS AND AFFILLIATES) BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING OUT OF OR IN ANY WAY RELATING TO THIS AGREEMENT OR THE USE OF
 OR
 INABILITY
 TO
 USE
 THE
 TUTTI PLAYER, SERVICES OR TUTTI CONTENT,
 INCLUDING,
 WITHOUT
 LIMITATION,
 DAMAGES
 FOR
 LOST
PROFITS,
 LOSS
 OR
 CORRUPTION
 OF
 DATA
 OR
 FAILURE
 OR
 MALFUNCTION
 OF
 YOUR
 APPLE
 COMPUTING
DEVICE OR OTHER COMPUTING DEVICE.
 YOUR
 SOLE
 REMEDY
 UNDER
 THIS
 AGREEMENT
 IS
 TO
 CEASE
 USE
 OF
 THE
 SOFTWARE.
 The
foregoing
limitations
will
apply
even
if
the
above
stated
remedy
fails
of
its
essential
purpose.

12. “OptIn” For Push Messaging.
 Spectrum may
 send
 You
 “push
 messages”
 or
 “push
 notifications”
 (collectively
 “Push
 Communications”)
 if
 Your
 Apple Computing Device
 supports
 Push
 Communications.
 By
 installing
 the
 Tutti Player,
 You
 agree
 to
 accept
 Push
 Communications
 and
 “opt‐in”
 to
 receive
 them.
 Should
 You
 wish to cease receiving Push Communications from
 Spectrum, you may turn off Push Communications for the Tutti Player by opening the “Settings” on your Apple Computing Device, selecting the “Notifications” tab and selecting the “Tutti Player” button

13. Third Party Intellectual Property Claims. Spectrum shall not be obligated to indemnify or defend you with respect to any third party claim arising out or relating to the Tutti Player. To the extent Spectrum is required to provide indemnification by applicable law, Spectrum, not Apple, shall be solely responsible for the investigation, defense, settlement and discharge of any claim that the Tutti Player or your use of it infringes any third party intellectual property right. Should
 the
 Tutti Player
 be
 found
 to
 infringe
 any
 intellectual
 property rights of a third party, your sole remedy shall be either
to
cease
using
the
Tutti Player
or
to
use
a
non‐ infringing version of
the
Tutti Player
should
Spectrum choose to provide you with such a non‐infringing version.

14. Product Claims. Spectrum, not Apple, is responsible for addressing any claims by you relating to the Tutti Player or use of it, including, but not limited to: (i) any product liability claim; (ii) any claim that the Tutti Player fails to conform to any applicable legal or regulatory requirement; and (iii) any claim arising under consumer protection or similar legislation. Nothing in this Agreement shall be deemed an admission that you may have such claims.

15. U.S. Legal Compliance. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you
 are
 not
 listed
 on
 any
 U.S.
 Government
 “watch
 list”
 of
 prohibited
 or
 restricted
 parties,
 including
 the
 Specially
 Designated
 Nationals
 list
 published
 by
 the
 Office
 of
 Foreign
 Assets
 Control
 of
 the
 U.S.
 Treasury
 or
 the
 Denied
 Persons
 List
 published
 by
 the
 U.S.
 Department
of
Commerce.

16.
 Third Party Notices.
 Portions
 of
 the
 Tutti Player are licensed from third parties. See www.tuttiplayer.com/legal-notices for a complete list of copy right notices and other disclaimers with respect to such software.

17. Internet Access and Charges. You are responsible for any costs you incur to access the internet.

18. Transferability. You may not transfer any of your rights under this Agreement.

19. Termination. Without prejudice to any other rights, Spectrum may terminate this Agreement if you fail to comply with the terms and conditions of this Agreement or any Related Agreement or Policy or the Apple Agreement. In such event, you must uninstall, delete and destroy all copies of the Tutti Player and Tutti Content, and all of their component parts, and Spectrum may remotely suspend or deactivate your ability to use of the Tutti Player(s) and Tutti Content.

We hope not to, but we may change, suspend, or discontinue – temporarily or permanently – some or all of the Tutti Services (including rights and licenses to use Tutti Content and through one or more devices through which the Tutti Player is run or Services are accessed), with respect to any or all users, at any time without notice. You acknowledge that Spectrum may do so in Spectrum’s sole discretion. You also agree that Spectrum will not be liable to you for any modification, suspension, or discontinuance of any Tutti Services or Spectrum services, although Spectrum may, in its sole discretion, provide you with a credit, refund, discount or other form of consideration (for example, we may credit additional days of service to your account). However, if Spectrum terminates your account or suspends or discontinues your access to Tutti Services or Spectrum services due to your violation of any Spectrum Agreement, then you will not be eligible for any such credit, refund, discount or other consideration.

20. Contact Information. Should you have any questions, complaints, or claims relating to the Tutti Player, please contact us at support@Tuttiplayer.com.

 

Tutti AIR Player Beta

For Mac and PC

LICENSED APPLICATION END USER LICENSE AGREEMENT

The Products transacted through the Service are licensed, not sold, to You for use only under the terms of this license, unless a Product is accompanied by a separate license agreement, in which case the terms of that separate license agreement will govern, subject to Your prior acceptance of that separate license agreement. The licensor (“Application Provider”) reserves all rights not expressly granted to You. The Product that is subject to this license is referred to in this license as the “Licensed Application.”

a. Scope of License: This license granted to You for the Licensed Application by Application Provider is limited to a non-transferable license to use the Licensed Application on any iPhone or iPod touch that You own or control and as permitted by the Usage Rules set forth in Section 9.b. of the App Store Terms and Conditions (the “Usage Rules”). This license does not allow You to use the Licensed Application on any iPod touch or iPhone that You do not own or control, and You may not distribute or make the Licensed Application available over a network where it could be used by multiple devices at the same time. You may not rent, lease, lend, sell, redistribute or sublicense the Licensed Application. You may not copy (except as expressly permitted by this license and the Usage Rules), decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Licensed Application, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open sourced components included with the Licensed Application). Any attempt to do so is a violation of the rights of the Application Provider and its licensors. If You breach this restriction, You may be subject to prosecution and damages. The terms of the license will govern any upgrades provided by Application Provider that replace and/or supplement the original Product, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern.

b. Consent to Use of Data: You agree that Application Provider may collect and use technical data and related information, including but not limited to technical information about Your device, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services to You (if any) related to the Licensed Application. Application Provider may use this information, as long as it is in a form that does not personally identify You, to improve its products or to provide services or technologies to You.

c. Termination. The license is effective until terminated by You or Application Provider. Your rights under this license will terminate automatically without notice from the Application Provider if You fail to comply with any term(s) of this license. Upon termination of the license, You shall cease all use of the Licensed Application, and destroy all copies, full or partial, of the Licensed Application.

d. Services; Third Party Materials. The Licensed Application may enable access to Application Provider’s and third party services and web sites (collectively and individually, “Services”). Use of the Services may require Internet access and that You accept additional terms of service.

You understand that by using any of the Services, You may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language, and that the results of any search or entering of a particular URL may automatically and unintentionally generate links or references to objectionable material. Nevertheless, You agree to use the Services at Your sole risk and that the Application Provider shall not have any liability to You for content that may be found to be offensive, indecent, or objectionable.

Certain Services may display, include or make available content, data, information, applications or materials from third parties (“Third Party Materials”) or provide links to certain third party web sites. By using the Services, You acknowledge and agree that the Application Provider is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials or web sites. The Application Provider does not warrant or endorse and does not assume and will not have any liability or responsibility to You or any other person for any third-party Services, Third Party Materials or web sites, or for any other materials, products, or services of third parties. Third Party Materials and links to other web sites are provided solely as a convenience to You. Financial information displayed by any Services is for general informational purposes only and is not intended to be relied upon as investment advice. Before executing any securities transaction based upon information obtained through the Services, You should consult with a financial professional. Location data provided by any Services is for basic navigational purposes only and is not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate or incomplete location data may lead to death, personal injury, property or environmental damage. Neither the Application Provider, nor any of its content providers, guarantees the availability, accuracy, completeness, reliability, or timeliness of stock information or location data displayed by any Services.

You agree that any Services contain proprietary content, information and material that is protected by applicable intellectual property and other laws, including but not limited to copyright, and that You will not use such proprietary content, information or materials in any way whatsoever except for permitted use of the Services. No portion of the Services may be reproduced in any form or by any means. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Services, in any manner, and You shall not exploit the Services in any unauthorized way whatsoever, including but not limited to, by trespass or burdening network capacity. You further agree not to use the Services in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and that the Application Provider is not in any way responsible for any such use by You, nor for any harassing, threatening, defamatory, offensive or illegal messages or transmissions that You may receive as a result of using any of the Services.

In addition, third party Services and Third Party Materials that may be accessed from, displayed on or linked to from the iPhone or iPod touch are not available in all languages or in all countries. The Application Provider makes no representation that such Services and Materials are appropriate or available for use in any particular location. To the extent You choose to access such Services or Materials, You do so at Your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws. The Application Provider, and its licensors, reserve the right to change, suspend, remove, or disable access to any Services at any time without notice. In no event will the Application Provider be liable for the removal of or disabling of access to any such Services. The Application Provider may also impose limits on the use of or access to certain Services, in any case and without notice or liability.

e. NO WARRANTY: YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE LICENSED APPLICATION IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LICENSED APPLICATION AND ANY SERVICES PERFORMED OR PROVIDED BY THE LICENSED APPLICATION (“SERVICES”) ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND APPLICATION PROVIDER HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE LICENSED APPLICATION AND ANY SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. APPLICATION PROVIDER DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE LICENSED APPLICATION, THAT THE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY, THE LICENSED APPLICATION WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE LICENSED APPLICATION OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE LICENSED APPLICATION OR SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY APPLICATION PROVIDER OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE LICENSED APPLICATION OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.

f. Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL APPLICATION PROVIDER BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE LICENSED APPLICATION, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF APPLICATION PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall Application Provider’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.

g. You may not use or otherwise export or re-export the Licensed Application except as authorized by United States law and the laws of the jurisdiction in which the Licensed Application was obtained. In particular, but without limitation, the Licensed Application may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By using the Licensed Application, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use these products for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture or production of nuclear, missiles, or chemical or biological weapons.

h. The Licensed Application and related documentation are “Commercial Items”, as that term is defined at 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation”, as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States.

i. The laws of the State of California, excluding its conflicts of law rules, govern this license and your use of the Licensed Application. Your use of the Licensed Application may also be subject to other local, state, national, or international laws.