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END USER LICENSE AGREEMENT MYPHOTOFUN

IMPORTANT: PLEASE READ THIS AGREEMENT CAREFULLY. MAKE SURE YOU UNDERSTAND ITS TERMS AND CONDITIONS. BY INSTALLING, COPYING OR USING THE SOFTWARE YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ANY OF THE TERMS OF THIS AGREEMENT, THEN DO NOT INSTALL, COPY OR USE MyPhotoFun Editor.

1

Establishment Agreement

1.1

By agreeing to the End User License Agreement, a license agreement is established between you and (the "Licenser"), allowing you to use MyPhotoFun Editor (the "Editor"). All and exclusively the terms and conditions of the End User License Agreement (the "Agreement") apply to this license agreement.

1.2

The Licenser may from time to time modify and/or make improvements to the MyPhotoFun Editor. Notwithstanding, the Agreement will apply to the modified or improved .

2

Grant of License

2.1

As long as you comply with the Agreement, the Licenser grants you a non-exclusive license to use the as further set forth below. You may make the available to third parties (e.g. family members, friends) by giving them a complete, unaltered copy of a non-installed version of the . It is prohibited to remove legal trade marks or indications of copyright or other intellectual property rights.

2.2

The Grant of License is subject to the following terms and conditions:

• You may use the MyPhotoFun Editor only for the purpose of having the Licenser print and/or modify legally obtained digital visual material, and only in the manner as intended and made possible by the Licenser;
• It is prohibited to use the MyPhotoFun Editor for any purpose that is in violation of the Agreement or otherwise illegal;
• It is prohibited to use the MyPhotoFun Editor to send files containing viruses, Trojan Horses, Worm viruses, time bombs, cancel bots, corrupted files or other software or programs that may distort, damage, or have an otherwise harmful effect on systems of third parties, including expressively the systems of the Licenser.;
• It is prohibited to use the MyPhotoFun Editor to try to obtain access to systems other than those for the purpose of regular use of the Editor;
• It is prohibited to modify, reverse engineer, decompile or otherwise disassemble the MyPhotoFun Editor in any way, unless otherwise required by law;
• It is prohibited to use the MyPhotoFun Editor for visual material that is in breach of the law, in defiance of social opinion, or otherwise unlawful (e.g. (child) pornography);
• It is prohibited to use the MyPhotoFun Editor for visual material that violates copyright, registered trade marks, trade secrets or other third party rights (e.g. photos obtained from the internet without permission of the third party holding the copy rights);

2.3

The Licenser maintains the right to check at all times that the visual material you submitted is consistent with this Agreement, and is not in violation of the law or the rights of a third party. The Licenser has the right to decline at all times visual material that is not consistent with the Agreement, or in violation of the law or the rights of a third party.

3

Intellectual Property Rights

3.1

All possible executable intellectual property rights concerning the Editor are owned by the Licenser, its associates and/or its suppliers. You agree that the MyPhotoFun Editor is licensed and not sold to you. This Agreement does not in any way oblige the Licenser to grant you any intellectual property rights. You only receive the right to use the MyPhotoFun Editor as stated in this Agreement.

3.2

All intellectual property rights concerning logos, (trade)names, models, figures, marks, signs and other distinguishing marks used by the Licenser, are owned by the Licenser, its associates, and/or its suppliers. You are prohibited from removing, changing, or in any other way affecting any notices concerning copyrights, trademarks, trade names, or any propriety notices.

3.3

If the Licenser is of the opinion that it is plausible that the MyPhotoFun Editor violates the rights of a third party, the Licenser is authorized to choose to, 1) see to it that you can keep on using the MyPhotoFun Editor; or 2) make available a reasonably equivalent alternative to the MyPhotoFun Editor; or 3) deny or technically block further use of the MyPhotoFun Editor. Every other liability, obligation to observance and obligation to damages are hereby excluded.

3.4

If you submit visual material or any other material or data to the Licenser under the terms of this Agreement, you guarantee that you are entitled to these materials and data, and that they do not violate the rights of a third party.

3.5

3.5 The Licenser may secure or take other (technical) measures to protect the MyPhotoFun Editor. If the MyPhotoFun Editor is secured or protected by (technical) measures, you are prohibited from evading or removing these measures.

4

Disclaimer of Warranty, Limitation of Liability

4.1

THE SUPPLIER PROVIDES MYPHOTOFUN EDITOR AS IS, INCLUDING ANY POSSIBLE FLAWS AND FAULTS. THE SUPPLIER GUARANTEES THAT THE EDITIOR WILL SUBSTANCIALLY FUNCTION AS DESCRIBED IN THE ELECTRONICALLY SUPPLIED MANUAL.

4.2

THE SUPPLIER DISCLAIMS ALL OTHER WARRANTIES CONCERNING MYPHOTOFUN EDITOR, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTY THAT MYPHOTOFUN EDITOR IS SUITABLE FOR MODIFYING IN ANY WAY DIGITAL VISUAL MATERIAL, FLAWLESS USE WITHOUT INTERRUPTION, THAT (THE USE OF) MYPHOTOFUN EDITOR DOES NOT INFRINGE ON THIRD PARTY RIGHTS, AND ANY OTHER WARRANTY CONCERNING MYPHOTOFUN EDITOR.

4.3

IF YOUR DOWNLOADED MYPHOTOFUN EDITOR EXHIBITS ANY FAULTS OR ERRORS OR DOES NOT FUNCTION PROPERLY, OR IF YOU ARE NOT SATISFIED WITH YOUR DOWNLOADED MYPHOTOFUN EDITOR, YOUR ONLY POSSIBILITIES ARE EITHER DOWNLOADING A NEW MYPHOTOFUN EDITOR, OR TO SEIZE USING MYPHOTOFUN EDITOR.

4.4

IN NO EVENT WILL THE LICENSER'S LIABILITY TO YOU UNDER THIS AGREEMENT, REGARDLESS OF THE NATURE OF DAMAGE, EXCEED 100 EUR (IN WORDS, A HUNDRED EUR) PER EVENT, REGARDING RELATED EVENTS AS ONE.

5

Force of circumstances

5.1

The Licenser is exempt from fulfilling any obligation when this is impossible by force of circumstances. "Force of circumstances" is understood to mean, among others, shortcomings of involved third parties or suppliers, and also any situation in which is beyond the Licensers control.

6

Confidentiality

6.1

The MyPhotoFun Editor contains confidential information. You are not to make public this or any other confidential information about the Licenser known to you. You may only use this information in executing the Agreement.

7

Termination

7.1

You are licensed to use the MyPhotoFun Editor for an unlimited period of time. The Licenser can immediately revoke this license when:

• you use the MyPhotoFun Editor in violation of the law;
• you use the MyPhotoFun Editor in violation of this Agreement, including but not limited to use of the MyPhotoFun Editor contrary to Section 2 [tekst zegt artikel 3, lijkt me artikel 2] of this Agreement (e.g. using the MyPhotoFun Editor for illegal visual material).

7.2

Notwithstanding the above, both you and the Licenser may revoke the Agreement, observing a term of notice of 15 days

7.3

If the Agreement is revoked, the following Sections still apply: Section 4: Intellectual Property Rights, Section 5: Limitation of Liability, and Section 7: Confidentiality.

8

General provisions

8.1

This Agreement shall be governed by the laws of the Netherlands

8.2

Unless otherwise required by national or international law, all disputes between you and the Licenser shall be brought before the court of Amsterdam, the Netherlands.

8.3

Communication between you and the Licenser may be done electronically. The communication as stored by the Licenser may apply as evidence thereof, save your evidence to the contrary.

8.4

This Agreement sets forth the entire legal relationship between you and the Licenser with respect to the use of the MyPhotoFun Editor. If any provision of provisions of this Agreement shall be held invalid, illegal, or unenforceable, the remaining provisions shall not be in any way affected or impaired thereby.

8.5

The Licenser may call in third parties of his own choice in order to execute the Agreement.

8.6

At all times, the Licenser may fully or partly assign his rights and/or obligations as laid down in this Agreement to a third party. If you do not agree with the aforementioned assignment, you may revoke the Agreement.