Publisher End User License Agreement

Mag+ Publishing Software (Go, Grow, Lead)

BACKGROUND

Magplus Inc if Licensee is based in North, Central or South America and Mag+ AB if Licensee is based outside of North, Central or South America (“Licensor”) is the licensor under this Agreement and has developed and/or acquired certain Software, offered as a Go, Grow or Lead package, which enable the production and deployment of publications in a rich digital media format on specified electronic devices;

Licensee (as defined in the Licensee Order Confirmation) desires to use the Software, according to the Go, Grow or Lead package (as applicable) and to receive certain services from Licensor, in connection with publishing certain Publication Titles (as defined below) for deployment on certain Target Operating System(s) (as defined below); and

The general terms and conditions contained in this Publisher End User License Agreement (“Publisher EULA”) regulate the relationship between the Licensor and Licensee in connection with this Agreement.

IMPORTANT—READ CAREFULLY

This Publisher EULA is a legal document between Licensor and Licensee for the Software package (Go, Grow or Lead), as identified in the Licensee Order Confirmation, including any associated media, printed materials, and electronic documentation.

Read this Publisher EULA carefully before downloading, installing or using the Software, as by doing any of the foregoing, Licensee agrees to be bound by the terms of this Publisher EULA and the Conditions of Use and Privacy Policy posted on www.magplus.com.

If you do not agree to the terms of this Publisher EULA, Licensor is unwilling to license the Software to you, and you are therefore prohibited from downloading, installing, copying or using the Software.

Licensor reserves the right to, from time to time, impose changes to this Publisher EULA to maintain compatibility with any terms imposed by relevant third parties (e.g., without limitation, iTunes or the Android Marketplace).

The Software license is a fee-based software license and is subject to the pricing terms listed and selected by Licensee on the www.magplus.com website or the documents provided by Licensor.

BRIEF SUMMARY OF PUBLISHER EULA

The terms of the entire Publisher EULA are applicable and this is only a courtesy summary.

-You must agree to the terms of this Publisher EULA prior to engaging in any use of the Software;

-The Software is licensed to you by Licensor and is not sold. You are not licensed the right to use the Licensor trademarks or logos or to sublicense any rights to the Software;

-This is a paid for version of the Software (subject to the terms of the Software package selected (i.e. Go, Grow or Lead) by Licensee;

-Licensee is prohibited from reverse engineering, reverse compiling, modifying or making Derivative(s) of the Software;

-The permitted use of the Software is for the creation, deployment, and distribution of Licensee Publication Titles (in digital form) via Target Operating Systems in accordance with the Software package licensed by Licensee (i.e. Go, Grow or Lead); and

-If Licensee is based in Europe, the laws of Sweden and arbitration in Stockholm, Sweden govern whereas if Licensee is based outside of Europe, the laws of (and arbitration in) New York, New York, USA govern.

GENERAL TERMS AND CONDITIONS

1. DEFINITIONS

“Agreement” means the combination of the Licensee Order Confirmation and this Publisher EULA.

“App Packaging” refers to the packaging and finalizing of a branded application for submission (or re-submission) to the relevant application marketplace (e.g. iTunes or Android Marketplace). Licensor does not guarantee that the application will be bug free or will be approved by relevant third parties (including, without limitation, iTunes or the Android Marketplace).

“Business Days” means normal working days in Sweden or the United States based upon whether or not Licensee has its registered office within or outside Europe, respectively.

“Deliverable” any deliverable(s), identified in any writing agreed to by the parties concerning Professional Services that Licensor provides to Licensee. Deliverables are not covered under Support or Warranty unless the parties have reached a separate agreement regarding the same in writing.

“Delivery” means the date of dispatch of the relevant item(s) to Licensee as regulated under the terms of Section 5.1 herein.

“Derivatives” means (a) for copyrighted or copyrightable material, any abridgment, revision, translation, enhancement, improvement, modification, expansion, compilation or other form in which an existing work may be recast, transformed or adapted, (b) for patented or patentable material, any improvement thereof, or (c) for trade secrets, any new material derived from such existing trade secret material, including new material which may be protected by copyright, patent or trade secret.

“Documentation” means any documentation in electronic or hard-copy form, any present and future manuals, instructions, user guides and any other materials related to Software provided by Licensor under the Agreement.

“Effective Date” is the date of the last signature on the Licensee Order Confirmation.

“Feedback” means any and all information (in oral, written, electronic or any other form) communicated voluntarily by Licensee, directly or indirectly, to Licensor, under this Agreement or otherwise pertaining to the Software or Licensor’s Confidential Information, including, without limitation, performance data, error data, reports, information, comments, and suggestions.

“Help Desk” refers to assistance in using the Software as opposed to error correction. Help desk is not included in Support and is subject to the commercial pricing set forth in the Licensee Order Confirmation and Licensor’s terms and conditions for the provision of such service.

“Independent Contractors” means any third party company used by Licensor or Licensee in connection with this Agreement.

“IPR” means any and all now or hereafter known tangible and intangible: (a) right associated with works of authorship throughout the world, including but not limited to, copyrights, moral rights, and mask works; (b) trademarks and trade name rights and similar rights, throughout the world; (c) trade secret and know-how rights throughout the world; (d) patents, designs, algorithms, and other intellectual and/or industrial property rights (of every kind and nature throughout the world and however designated) whether arising by operation of law, contract, license or otherwise; (e) all registrations, initial applications, renewals, extension, continuations, divisions or re-issues thereof now or hereafter in force; and (f) Derivatives.

“Licensee Order Confirmation” means the Licensee order setting forth the details of the order as well as the payment terms for the Go, Grow or Lead package which is either (i) signed by Licensee or (ii) accepted by Licensee via magplus.com.

“Object Code” means the machine executable version of Software derived from source code of the Software.

“Professional Services” means any services provided by Licensor in connection with the Agreement, and in accordance with Appendix B, which are not expressly included within Support Services.

“Publication Title” means each Licensee magazine or other Licensee periodical title for every country of circulation via a Target Operating System. To clarify, it is assumed that each country has only one language of deployment for the title in question. Should there be more than one language of deployment in a given country, each additional language (beyond the first) shall be deemed a separate publication title for purposes of this Agreement.

“Publisher EULA” means these general terms and conditions for Mag+ Publlishing Software (Go, Grow, Lead), including any appendices hereto.

“Registered User” means each Licensee employee or Independent Contractor legally permitted to use the Software according to the terms of this Agreement.

“Software” means the Licensor Software programs, protected by copyright laws and international copyright treaties, provided by Licensor under this Agreement. Software includes the Licensor Software programs (and any Updates thereof provided under this Agreement), in Object Code, as described in the Licensee Order Confirmation.

“Specifications” means the specifications for Software (i.e. applicable to Go, Grow or Lead), as set forth in the Licensee Order Confirmation.

“Support” means those services provided by Licensor as set forth in Appendix A hereof.

“Target Operating System(s) means each tablet operating system listed in the Licensee Order Confirmation.

“Updates” means any and all updates, fixes, patches, modifications (excluding modifications performed by Licensor as professional services) of the Software and Documentation (to the extent constituting updates on the production environment (i.e. plugin and production tool), as the context may require. Updates are included or excluded depending upon the Software package (Go, Grow or Lead) selected by Licensee pursuant to the Licensee Order Confirmation.

“Upgrades” means any and all new releases of the Software containing functional improvements. Upgrades can be provided to Licensee upon general commercial release, subject only to the applicable pricing for the same, depending upon the Software package (Go, Grow or Lead) selected by Licensee pursuant to the Licensee Order Confirmation . Upgrades, if furnished to Licensee, are included within the definition of Software for purposes of this Agreement. To clarify, in Upgrades, the version number appearing to the left of the decimal point is changed (for example, 1.4 is changed to 2.4) whereas with Updates it is rather the release number to the right of the decimal point that is changed (for example, 1.4 is changed to 1.5).

2. Scope of agreement and agreement documents

2.1 The appendices form an integral part of this Agreement and are incorporated herein by reference. In the event of any inconsistency between the appendices and the main body of this Publisher EULA, the main body shall prevail and the appendices shall thereafter prevail in accordance with their sequential order in the event of any inconsistency.

Appendix A Support

Appendix B Professional Services

3. License Grant; ownership

3.1 Subject to the terms and conditions of this Agreement, Licensor grants Licensee the non-exclusive, non-transferable, time-limited, fee-based rights and licenses (without the right to sublicense) to (and subject to any limitations set forth in the Licensee Order Confirmation (in connection with the Software package selected therein (Go, Grow or Lead):

a) Have each Registered User use the Software, Documentation, and Deliverables in connection with developing, deploying, and distributing Publication Title(s) on or through Target Operating System(s).

b) Make copies of Software, Deliverables, and Documentation as required to exercise the license grant in this Section 3.1 and for back-up purposes, provided that any copyright notices and/or proprietary legends contained within the same remain intact;

c) Licensee shall not copy or use the Software except as expressly permitted in this Agreement. Licensee will not, directly or indirectly, sublicense, lend, rent, sell, copy, modify, create Derivatives of, translate, recreate, use the Software in conjunction with any other software, data or equipment in such a manner as would cause the resulting product to infringe upon any third party IPR, reverse engineer, decompile, disassemble, or otherwise reduce to human perceivable form any portion of the Software or make the Software available to any third party unless permitted to do so, in writing, by Licensor. In no event shall Licensee use the Software for Licensee’s development of competitive solutions. Licensee warrants and represents that it has not developed and shall not, at any time during the term of this Agreement, develop any software similar to or competitive with the Software.

3.2 Each party may use Independent Contractors to exercise its rights and/or fulfill its obligations under this Agreement. Any breach of the terms of this Agreement by any Independent Contractor shall be deemed a breach by the party having retained such Independent Contractor. All material concerning Software and Documentation shall be returned to Licensee when the work has been completed by it’s Independent Contractors.

3.3 Licensor shall retain and acquire all rights, title, and interest, including, without limitation, IPR, recognized anywhere in the world, to the Software, Feedback, Documentation, Deliverables, and any Derivatives of the same. Deliverables are licensed to the Licensee on the same terms and conditions as the Software as set forth in this Section 3. Licensee hereby assigns to Licensor (and warrants and represents that Licensee’s Independent Contractor(s) shall have assigned to the Licensee) all rights, title, and interests in and to the Software, Feedback, Documentation, and Deliverables (including, without limitation, IPR) as necessary to give full legal effect to this Section 3.3. Licensee agrees to take all actions reasonably requested by Licensor to secure and protect the IPR assigned to Licensor.

3.4 Licensee shall own the digital content Licensee creates pursuant to Licensee’s authorized use of the Software.

3.5 By signing the Licensee Order Confirmation, Licensee confirms that it has received the Open Source Notice specified in Appendix “C” of this Publisher EULA.

3.6 U.S. Government Restricted Rights: All Licensor products and documentation are commercial in nature. The Software and Documentation are “Commercial Items”, as that term is defined in 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation”, as such terms are defined in 48 C.F.R. §252.227-7014(a)(5) and 48 C.F.R. §252.227-7014(a)(1), and used in 48 C.F.R. §12.212 and 48 C.F.R. 227.7202, as applicable. Consistent with 48 C.F.R. §12.212, 48 C.F.R. §252.227-7015, 48 C.F.R. §227.7202 through 227.7202-4, 48 C.F.R. §52.227-14, and other relevant sections of the Code of Federal Regulations, as applicable, Licensor’s computer software and computer software documentation are licensed to United States Government end users with only those rights as granted to all other end users, according to the terms and conditions contained in this Publisher EULA.

3.7 In the event that the Uniform Computer Information Transactions Act, any version thereof, a substantially similar law or any other statutes implied for Internet transactions (collectively “UCITA”) is enacted as part of the law of any applicable state of the United States or any applicable country or any applicable region within any country, such statute shall not govern any aspect of this EULA, any license granted hereunder, nor any of the parties’ rights and/or obligations arising pursuant to this EULA. This EULA and the parties’ rights and obligations arising hereunder shall be governed according to the Governing Law provisions agreed explicitly in this EULA.

4. Online purchase

SALES AND USE TAX POLICY STATEMENT applicable to Magplus Inc (referred to as “Mag+” within the context of this Sales and Use Tax Policy Statement).

Your purchase is NOT exempt from tax merely because Mag+ has elected not to collect the tax from you at the time of your purchase. Your country, state, and/or local government most likely requires purchasers to report all purchases that are not taxed and to pay tax on those purchases. The tax may be reported and paid on your individual income tax return or by filing a consumer use tax return. For more information, please visit your national, state or local community department of revenue website.

MAG+ COLLECTS SALES TAX where we have physical presence (or nexus), including New York.

MAG+ DOES NOT COLLECT SALES TAX in any states, nations or local communities NOT listed above because Mag+, to its understanding, is not required to collect sales or use tax in these locations. With this said, should any such nation, state, or local government wherein you are located require Mag+ to pay any tax in connection with your purchase, you (and you alone) shall be liable for such tax and shall, as such, indemnify Mag+ for any and all amounts incurred by Mag+ in connection with the payment of such tax on your behalf.

FOR OUR TAX EXEMPT CUSTOMERS:

MAG+ DOES NOT COLLECT SALES TAX if we have your exemption certificate on file, if you are shipping your order to a location that does not collect national, state or local sales or use tax.

5. Duties of licensee

5.1 Licensee shall remit payment in accordance with the terms of the Licensee Order Confirmation attached hereto. Any breach of this Section 4.1 shall be a material breach of this Agreement.

6. DELIVERY AND HOSTING

6.1 Within three (3) Business Days of Licensee having submitted the applicable payment for the Software or Upgrade, all necessary information necessary for Licensee to access the Software or Upgrade in question shall be dispatched, via email, to the Licensee.

6.2 Licensee is free to host the digital publications on its own servers at no charge from Licensor. In the event, however, that hosting is carried out by Licensor, Mag+ hosting service shall be associated with any given Publication Title and is priced as specified in the applicable Software package (Go, Grow, Lead) set forth in the Licensee Order Confirmation.

7. FEES

7.1 All Remuneration shall be subject to annual increase in accordance with the U.K. Retail Price Index as well as bi-annual review and adjustment to reflect relevant exchange rates for any currency of payment other than SEK.

7.2 All fees are exclusive of any expenses, costs, taxes, duties, and/or customs of any kind.

7.3 Any delinquent payments shall accrue penalty interest at the rate of two percent (2%) per commenced month of delay.

7.4 The applicable License fee, unless stated expressly to the contrary in the Licensee Order Confirmation, is per Publication Title (i.e. for each country of distribution which assumes solely one language being deployed in relation to such country- if more than one language, each additional language shall be treated as an additional publication title). It is presumed that each language of deployment will require a separate app (i.e. Publication Title).

7.5 The license fee Invoice is generated upon the Effective Date of the Licensee Order Confirmation. Thereafter, Licensee obtains a login to its Mag+ Publish portal. The invoice must be paid within thirty (30) calendar days.

7.6 Support, to the extent applicable, shall commence upon the Effective Date of the Licensee Order Confirmation and shall terminate with thirty (30) calendar days written notice of Licensee (subject to any conditions regarding the Software package selected in the Licensee Order Confirmation). Licensor shall continue to make Support available on the previous release of the Software. For older releases, Licensor’s professional service rates shall apply unless otherwise agreed in writing.

7.7 Help Desk is optional and, therefore, commences when Licensee chooses to sign up. Pricing is as specified in the Licensee Order Confirmation with regard to the Software package (Go, Grow or Lead) selected. Help Desk will be invoiced upon Licensee’s election of one of the Help Desk options and shall be paid within thirty (30) calendar days from the date of invoice. Help Desk is available only directly to Licensee and to a maximum of two (2) contact persons from Licensee.

7.8 Professional Service rates are as set forth in the Licensee Order Confirmation and shall be invoiced upon the date agreed to, in writing, by and between the Parties hereto. If nothing is stated otherwise, the invoice shall be issued monthly in arrears and shall be paid within thirty (30) calendar days of the date of invoice.

8. Support; Professional services

8.1 Licensor shall provide Support services regarding Software (excluding Deliverables) as well as (if agreed) Professional Services in accordance with the terms of Appendix A (Support) and Appendix B (Professional Services) respectively to the extent applicable to the Software package (i.e. Go, Grow or Lead) selected by Licensee as specified in the Licensee Order Confirmation.

8.2 Licensee must provide thirty (30) calendar days written notice of termination of any Professional Service work previously ordered, and Licensor shall be permitted to invoice for all work (including the work of its subcontractors) performed up to the effective date of termination. To clarify, Licensee shall continue billing (for itself and its subcontractors) at the rate that would have otherwise been billed during said thirty (30) day notice period had no such notice of termination been received.

9. Limitation of liability; WARRANTY disclaimer

9.1 Licensor warrants that, to the best of its knowledge, the Software, solely in its unmodified form, does not infringe any third party’s copyright(s), trade secret(s) or patent(s) granted as of the Effective Date.

9.2 Licensor warrants that the Software shall materially comply with the Specifications (as applicable to the Software package selected (i.e. Go, Grow or Lead) by Licensee in the Licensee Order Confirmation), for a period of ninety (90) days from the Effective Date and that each Update shall materially comply with the specifications related thereto for a period of ninety (90) days from date of general release. Should Licensee purchase an Upgrade, such Upgrade shall materially comply with the specifications related thereto for a period of ninety (90) days from the date of purchase by Licensee. In the event of any material non-conformity with the Specifications (as applicable to the Software package selected by Licensee (Go, Grow or Lead) or any Update or Upgrade specifications related thereto (during the duration set forth in this Section), Licensor shall, at its discretion, repair or replace such defective Software, Update or Upgrade. This warranty expressly excludes any errors arising from improper use, viruses, external factors, Licensee’s failure to install prior Updates, in the event the Software has been modified or altered or if the error arises as a result of the combination of the Software with any other software or hardware, and in connection with any device which itself embodies technical limitations or deviations from the Target Operating System. Any applications derived from the Software and/or Deliverables may contain bugs and may not be approved by third parties (e.g. without limitation, iTunes or the Android Marketplace) for commercial release in connection with the respective Target Operating System. Licensee shall, itself, be fully responsible for final testing of any such application(s) and clearing the same for commercial release in connection with the respective Target Operating System. Licensor shall bear no liability of any kind in connection with any decisions made by any third party (e.g., without limitation, iTunes or the Android Marketplace) or for any changes made by any such third party in connection with a Target Operating System or the technical specifications thereof. Any and all hosting services facilitated by Licensor shall be handled by Licensor’s current hosting vendor and shall be subject to such vendor’s terms and conditions. Licensor makes no warranty as to such third party vendor’s service level.

9.3 IN NO EVENT, EXCEPTING ANY ACTION BASED UPON WILLFUL MISCONDUCT, ONE PARTY’S INFRINGEMENT OF THE OTHER PARTY’S IPR OR BREACH OF CONFIDENTIALITY (SECTION 9 BELOW), SHALL EITHER PARTY HERETO BE ENTITLED TO, REGARDLESS OF WHETHER A CLAIM OR ACTION IS BASED UPON STRICT LIABILITY; NEGLIGENCE; INDEMNIFICATION; BREACH OF CONTRACT, WARRANTY, SUPPORT, PROFESSIONAL SERVICES OR ANY OTHER THEORY OF LIABILITY IN CONNECTION WITH THIS AGREEMENT (INCLUDING THE APPENDICES), ANY PUNITIVE, SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS OR LOST DATA, WHETHER OR NOT THE PARTY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES.

9.4 IN NO EVENT, EXCEPTING ANY ACTION BASED UPON WILLFUL MISCONDUCT, ONE PARTY’S INFRINGEMENT OF THE OTHER PARTY’S INTELLECTUAL PROPERTY OR BREACH OF CONFIDENTIALITY (SECTION 9 BELOW), SHALL EITHER PARTY HERETO BE ENTITLED TO, REGARDLESS OF WHETHER A CLAIM OR ACTION IS BASED UPON STRICT LIABILITY; NEGLIGENCE; INDEMNIFICATION; BREACH OF CONTRACT, WARRANTY, SUPPORT, PROFESSIONAL SERVICES OR ANY OTHER THEORY OF LIABILITY IN CONNECTION WITH THIS AGREEMENT (INCLUDING THE APPENDICES) AN AGGREGATE AMOUNT OF DAMAGES EXCEEDING THE LESSER OF EURO TEN THOUSAND (10,000) OR THE AMOUNT ACTUALLY PAID BY LICENSEE DURING THE ONE (1) YEAR PERIOD IMMEDIATELY PRECEDING THE CLAIM IN QUESTION. ANY PAYMENTS DUE AND OWING BY LICENSEE TO LICENSOR SHALL NOT BE DEEMED “DAMAGES” UNDER THIS SECTION.

9.5 UNLESS STATED EXPRESSLY OTHERWISE IN THIS SECTION 8, THE SOFTWARE, DOCUMENTATION, AND DELIVERABLES ARE PROVIDED WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. LICENSOR AND ITS SUPPLIERS SPECIFICALLY DISCLAIM ALL IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE.

9.6 THE LIMITATIONS OF LIABILITY AND WARRANTY DISCLAIMERS IN THIS SECTION 8 ARE MATERIAL, BARGAINED FOR BASES OF THE AGREEMENT, AND HAVE BEEN RELIED UPON IN DETERMINING THE CONSIDERATION TO BE PAID UNDER THIS AGREEMENT AND IN THE DECISION BY EACH PARTY TO ENTER INTO THIS AGREEMENT.

9.7 Should Licensee desire to obtain a higher level of liability coverage and/or any type of extended warranty, Licensee shall contact Licensor with a specific request in writing, and Licensor shall reply within ten (10) Business Days with a quote for such additional Licensor undertakings.

10. CONFIDENTIALITY

10.1 The parties shall maintain confidentiality and may not, without the other party’s prior, written consent, unless expressly stated otherwise in this Agreement, disclose to any third party any documentation and any information designated by the furnishing party as confidential (which, to clarify for Licensee, includes, Software, Deliverables, and Documentation), whether of a commercial or a technical nature, i.e. the receiving party shall use the information only for the purpose of this Agreement.

10.2 Neither party shall be liable for disclosing any such information if it was, in all material respects: (a) public knowledge at the time of disclosure or thereafter becomes public knowledge other than through an act or omission of the receiving party; (b) already lawfully known to the other party prior to its receipt from the disclosing party; (c) demonstrably developed at any time by the receiving party without any access to the information received hereunder; (d) lawfully obtained by a third party, free of any confidentiality obligations, from other unrestricted sources; or (e) disclosed with the prior written permission of the disclosing party.

10.3 Licensor shall, immediately after the Effective Date, have the right to release a public statement disclosing the existence of this Agreement, and to use any and all Licensee trademarks and logos in connection therewith. Further, Licensor shall be permitted to display the covers of Licensee’s Publication Titles on any of Licensor’s websites as well as in other media in connection with the promotion of the Software.

10.4 The Parties agree that any breach of the confidentiality obligations of this Section 9 or use of the Software, Documentation and/or Deliverables beyond the express scope of the license grant set forth in Section 3 hereof, may result in irreparable harm to Licensor for which damages would be an inadequate remedy and, therefore, in addition to its rights and remedies otherwise available, the Licensor shall be entitled to seek injunctive relief, whether interim or final, anywhere in the world reasonably necessary to safeguard Licensor’s interests.

10.5 The obligations set forth in this Section 9 shall survive any expiration or termination of this Agreement for a period of five (5) years. Notwithstanding the foregoing, the confidentiality obligations concerning the Software, Documentation, Deliverables, and Feedback shall survive any expiration or termination of this Agreement until such time as one of the exclusions set forth in Section 9.2 applies thereto in all material respects.

10.6 Licensee has no obligation to give Licensor any Feedback. Licensor may use and include any Feedback to improve the Software or other related Licensor technologies. Accordingly, if Licensee provides Feedback, Licensee agrees Licensor and its licensees may freely use, reproduce, license, distribute, and otherwise commercialize the Feedback in the Software or other related technologies.

11. INFRINGEMENTS

11.1 Licensor shall defend, indemnify, and hold harmless Licensee from and against any and all damages, costs and expenses incurred as a result of Licensor’s breach of its warranty under Section 8.1 hereof; provided Licensor has been notified without undue delay in writing of such claim and given authority, information, and assistance to settle the claim or control the defence of any suit or proceeding.

12. TERM AND TERMINATION

12.1 Unless stated otherwise in the Licensee Order Confirmation attached hereto (with regard to, for instance, any mandatory period of license with regard to the type of Software package selected), this Agreement shall come into force upon the Effective Date and shall remain valid until terminated by either party with thirty (30) days written notice. In the event of a material breach of this Agreement by either party not remedied within thirty (30) days from the other party’s written notice thereof or in case either party should become bankrupt or insolvent, the other party shall have the right to terminate this Agreement with immediate effect.

12.2 After termination by either party pursuant to Section 11.1 above, all Licensee’s rights in respect of Software, Deliverables, and Documentation shall cease, except that all Publication Titles previously released via the Target Operating System(s) before termination, shall remain in full force and effect and continue to be available to Licensee’s customers for purchase provided that Licensor continues to receive any remuneration in connection therewith owed to Licensor pursuant to the terms of this Agreement.

12.3 The foregoing rights of termination are in addition to all other rights and remedies provided in this Agreement or at law, subject to the express limitations set forth in Section 8 (Limitation of Liability; Warranty Disclaimer).

12.4 Provisions contained in this Agreement that are clearly expressed or by their sense and context are intended to survive the expiration or termination of this Agreement, shall so survive the expiration or termination hereof.

13. General provisions

13.1 Governing Law. Unless stated otherwise in the Licensee Order Confirmation attached hereto, (i) if Licensee is domiciled within Europe, this Agreement shall be governed by and construed in accordance with the substantive laws of Sweden or (ii) if Licensee is domiciled outside of Europe, this Agreement shall be governed by the substantive laws of New York- in both cases giving no effect to any conflicts of law provisions. To the extent that Licensee is a company domiciled in Europe, any dispute shall be finally settled by arbitration in Stockholm, Sweden in accordance with the rules of the International Arbitration Institute of the Stockholm Chamber of Commerce. To the extent that Licensee is domiciled in a country outside of Europe, any dispute shall be finally settled by arbitration in New York, New York, United States in accordance with the rules of the American Arbitration Association. The United Nations Convention on the International Sale of Goods is expressly excluded from this Agreement.

13.2 Assignment. Licensee may not assign this Agreement in whole or part to anyone without Licensor’s prior, written consent. Any attempt to assign, transfer, or subcontract any of the rights, duties, or obligations of this Agreement without such required consent is void. Licensor shall be entitled to assign this Agreement to any company (i) owned or controlled, directly or indirectly, by Licensor or (ii) which owns or controls, directly or indirectly, Licensor or (iii) in the event of any change of control of Licensor.

13.3 Amendment, Waiver, Entire Agreement. No amendment to this Agreement or waiver shall be valid unless based on a written and signed undertaking. The waiver by either Party of any term or condition of this Agreement shall not be deemed to constitute a continuing waiver. This Agreement contains the entire agreement between the Parties on the subject matter of this Agreement, and supersedes all memoranda, representations, undertakings, and agreements, whether oral or written, previously made between the parties with respect to the subject matter of this Agreement. In the event any provision of this Agreement is deemed by a court or tribunal of competent jurisdiction to be unenforceable, such provision(s) shall be limited or eliminated to the maximum extent necessary so that this Agreement shall otherwise stay in full force and effect.

13.4 Notices. All notices, demands, or consents required or permitted under this Agreement shall be in writing and shall be delivered personally, sent by fax or electronic mail confirmed by registered airmail letter, or sent by certified or registered mail to the appropriate Party at the address set forth in the first paragraph in this Agreement or at such other address as shall be given to by either Party to the other in writing. Such notice shall be deemed to be given:
(i) if sent by registered airmail letter – five (5) days after the day of dispatch, (ii) if sent by telex, fax or electronic mail – on the day of dispatch of the letter of confirmation, (iii) if sent by personal delivery – on the day of delivery.

13.5 Relationship between the parties. No relationship of principal to agent, master to servant, employer to employee, franchiser to franchisee, partnership, or joint venture is established between the parties. Neither party has the authority to bind the other or to incur any obligation on its behalf.

13.6 Export. In addition to the terms of this Agreement, Licensee may not use or otherwise export or re-export the Software in any manner violative of the laws of the United States, the laws of the jurisdiction in which the Software was obtained, as well as the laws of any other country which are applicable to this Agreement.

APPENDIX A –SUPPORT AGREEMENT

Licensor shall put forth reasonable commercial efforts to provide, under this Agreement, the following services, via email, to Licensee, as further detailed below and in accordance with the Software package (i.e. Go, Grow or Lead) selected by Licensee in the Licensee Order Confirmation. To clarify should such package exclude Support, then Support shall be so excluded.

Error correction
Updates of Software

HELPDESK

Help desk is not covered under Support in that it pertains to putting forth reasonable efforts to assist the Licensee in using the Software and does not relate to error correction.

SUPPORT

Support shall be available on Business Days between 0800 and 1700, (i) Central European Time (“CET”) via email from Licensor’s Swedish headquarter or (ii) Eastern Standard Time (“EST”) from Licensor’s U.S. office.

Support is limited to named support persons at Licensee for issues not capable of resolution within Licensee or otherwise pursuant to the information contained in the Documentation or as a result of the Licensee’s representative(s) training from Licensor. To clarify, Licensee must put forth reasonable efforts to resolve such issue(s) prior to referring the issues to Licensor. Licensee shall ensure that all Licensee support personnel (including Independent Contractors) contacting Licensor have completed the above-mentioned training and possess the requisite skill necessary to effectively understand and implement Licensor’s support assistance. In addition, Licensee agrees that the number of contact points shall at no time exceed an aggregate number of two (2) such named persons for Help Desk and two (2) named persons for support.

Support shall only apply to the previous version release of Software. Any services provided by Licensor in connection with any version release older than the previous shall be deemed Professional Services subject to the terms of this Agreement as well as Licensor’s applicable Professional Service rates.

VERIFICATION, CLASSIFICATION AND CORRECTIONS OF ERRORS

TROUBLE REPORTS (“TR”)

Licensee shall report to Licensor any error for which Licensee requires replacement or correction by using TR: as set out below. All TRs shall be sent to Licensor’s contact person by electronic mail. During the TR analysis, Licensee undertakes to provide Licensor with reasonable assistance in reproducing the error and all necessary equipment and other resources required.

Each TR shall contain the following information:

(a) Licensee company name, submitter name and e-mail address,

(b) Licensee internal trouble report identification number,

(d) Name and version of Software and host environment,

(e) Description and logging of the error and its impact on the Software performance (including error log files reasonably establishing that the error originates from the Software and has not been caused by improper use, viruses, external factors, Licensee’s failure to install prior Updates or Temporary Solutions or other software integrated with the Software), and

(f) Description of how to verify/reproduce the problem, including commands and procedures.

For each TR, Licensor undertakes to:

(a) Confirm its receipt of the TR by electronic mail,

(b) Analyze the TR, verify the existence of the errors, and

Support solely covers the generic, unmodified version of Software and errors originating therein. Consequently, support of any Deliverables shall not be covered under this Agreement but can be offered on a time and material basis corresponding to the Professional Service rates set forth in the Licensee Order Confirmation. Moreover, should Licensor expend time resolving a Licensee TR and later determine that the purported error did not originate from the Software itself, Licensor shall have the right to (at its discretion) invoice such time to Licensee according to the terms of this Agreement as well as Licensor’s current Professional Service rates.

PROVISION OF UPDATES

Licensor shall, when an Update has been released, upon Licensee’s request (to the extent Licensee has the right to Updates in accordance with the Software package selected (i.e. Go, Grow or Lead) without delay provide Licensee with such Update at no extra cost for Licensee as long as this Appendix A is in effect.

The foregoing does not include app repackaging and re-submitting the result to iTunes or any other marketplace. Such updates can be performed at a fixed Professional Services charge in accordance with Licensor’s current pricing for the same.

APPENDIX B – PROFESSIONAL SERVICES

1. Services and Obligations of Licensor

1.1 During the term of the agreement, licensor shall put forth commercially reasonable efforts to produce, on a non-exclusive basis, the deliverables expressly agreed to in writing between the parties. Licensor shall not bear any liability for failing to deliver any items not expressly agreed to in writing. In the event of any inconsistency between this appendix b and any writing agreed to between the parties hereto concerning professional services, the terms of this appendix b shall prevail.

2. Obligations of Licensee

2.1 In consideration of the production of the Deliverables, Licensee shall remit timely payment(s) to Licensor pursuant to Section 3 of this Appendix B.

2.2 Licensee agrees to either accept or provide written reasons for the reasonable rejection of any Deliverable(s), in whole or in part, within fourteen (14) calendar days of Licensee’s receipt of such Deliverable(s). In the absence of any such acceptance or rejection during the time period stated in this Section 2.2, the respective Deliverable(s) shall be deemed accepted. In the event Licensee rejects any Deliverable(s) pursuant to this Section 2.2, Licensor shall put forth reasonable commercial efforts to correct subject Deliverable(s). Licensee understands that Licensee shall only be permitted to reject Deliverable(s) based on such Deliverable(s) failure, in a material respect, to conform to specifications which have been agreed to in writing.

2.3 Licensee shall, at its own expense, assist Licensor to the extent reasonably necessary for Licensor to perform its obligations under this Agreement. To clarify, Licensee shall provide all information, documentation, contact persons, instructions, and any other cooperation or assistance necessary for Licensor to perform its obligations under this Agreement. Should Licensee breach its obligation under this Section 2.3 causing delays or additional work (including, but not limited to, its failure to make timely decisions, to participate in meetings, and/or to otherwise carry out its reasonable responsibilities contemplated hereunder), Licensor shall not bear any liability in relation thereto. In addition to the foregoing, Licensor shall be entitled to charge additional fees and be reimbursed for any related costs resulting therefrom. In the event of any changes to the Professional Services requested by Licensee, Licensor shall be entitled to reasonably adjust Licensor’s fees and the delivery timetable at issue. Further, Licensor shall be reimbursed for any of its reasonable expenses relating to such change(s). Licensor shall have the right to refuse to perform any Services which Licensor believes will not conform to the timetable, cost-structure, quality standards or necessary third party technical or legal requirements related to the Agreement.

2.4 In the event that Licensee has ordered any training from Licensor, Licensee understands and agrees that Licensor shall be required to pay the full amount of service charges for such training unless the training has been cancelled with thirty (30) days notice. Notwithstanding this, Licensee shall bear all expenses that Licensor has incurred (or is required to pay) in connection with the scheduled training.

3 Fees, allowances, and payment

3.1 For the production of the Deliverables and for any other Professional Services, Licensee shall pay, to Licensor, the fees set forth in the Licensee Order Confirmation making up a portion of the Agreement and such fees shall be paid in accordance with the Licensee Order Confirmation and Section 6 of the Agreement.

APPENDIX C – OPEN SOURCE NOTICE

External source code libraries used by Mag+ AB in connection with the Mag+ Software (”Mag+ Software”).

The purpose of this document is to provide companies licensing the Mag+ Software with an identification of open source code accompanying the Software as well as the license terms regulating the same.

Mag+ AB has reviewed such license agreements and determined that Mag+ is permitted to have used such open source code (to the extent such code has been used) and to sublicense the same to your company (to the extent such code is sublicensed to your company).Mag+, in furnishing your company with this information, is merely complying with its notification obligations under such open source licenses.

Licenses used in the Apple iOS application

Appirater
AQToolkit
ASIHTTPRequest
CocoaHTTPServer
FlurryLib
Localytics
Mirroring
NSLogger
Omniture
RegexKitLite
SBJSON
SciFiHiFi
TapjoyConnect
ZipArchive

Licenses used in the Adobe Plugin application

The Independent JPEG Group’s JPEG software
Expat
Libpng

Two of the Licenses referenced repeatedly in this document

I. MIT/X11

Copyright (c) <year> <copyright holders>
Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the “Software”), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions:

The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software.

THE SOFTWARE IS PROVIDED “AS IS”, 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 SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.

II. BSD License

Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:
Redistributions of source code must retain the above copyright notice, this list of conditionand the following disclaimer.
Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution.
Neither the name of the <ORGANIZATION> nor the names of its contributors may be used to endorse or promote products derived from this software without specific prior written permission.
THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS “AS IS” AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT HOLDER OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

License file per aforementioned library

1. Appirater

The code is released under the MIT/X11, so feel free to modify and share your changes with the world. To find out more, check out the project homepage.

[homepage]: http://arashpayan.com/blog/index.php/2009/09/07/presenting-‐ appirater/[arash]: http://arashpayan.com

2. AQToolkit

3. ASIHTTPRequest

Significant additions made by Andrew W. Donoho, August 11, 2009. This is a derived work of Apple’s Reachability v2.0 class. Extensions Copyright (C) 2009 Donoho Design Group, LLC. All Rights Reserved. This library is distributed under ther terms of the BSD license. Neither the name of Andrew W. Donoho nor Donoho Design Group, L.L.C. may be used to endorse or promote products derived from this softwarewithout specific prior written permission.

Apple’s Original License on Reachability v2.0

Disclaimer: IMPORTANT: This Apple software is supplied to you by Apple Inc.

(“Apple”) in consideration of your agreement to the following terms, and your use, installation, modification or redistribution of this Apple software constitutes acceptance of these terms. If you do not agree with these terms, please do not use, install, modify or redistribute this Apple software. In consideration of your agreement to abide by the following terms, and subject to these terms, Apple grants you a personal, non-exclusive license, under Apple’s copyrights in this original Apple software (the “Apple Software”), to use, reproduce, modify and redistribute the Apple Software, with or without modifications, in source and/or binary forms; provided that if you redistribute the Apple Software in its entirety and without modifications, you must retain this notice and the following text and disclaimers in all such redistributions of the Apple Software.

Neither the name, trademarks, service marks or logos of Apple Inc. may be used to endorse or promote products derived from the Apple Software without specific prior written permission from Apple. Except as expressly stated in this notice, no other rights or licenses, express or implied, are granted by Apple herein, including but not limited to any patent rights that may be infringed by your derivative works or by other works in which the Apple Software may be incorporated.

The Apple Software is provided by Apple on an “AS IS” basis. APPLE MAKES NO

WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, REGARDING THE APPLE SOFTWARE OR ITS USE AND OPERATION ALONE OR IN COMBINATION WITH YOUR PRODUCTS.

IN NO EVENT SHALL APPLE BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) ARISING IN ANY WAY OUT OF THE USE, REPRODUCTION, MODIFICATION AND/OR DISTRIBUTION OF THE APPLE SOFTWARE, HOWEVER CAUSED AND WHETHER UNDER THEORY OF

CONTRACT, TORT OTHERWISE, EVEN APPLE HAS BEEN (INCLUDING NEGLIGENCE), STRICT LIABILITY OR IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

4. CocoaHTTPServer

Software License Agreement (BSD License)

Neither the name of Desuty Designs nor the names of its contributors may be used to endorse or promote products derived from this software without specific prior written permission of Deusty Designs, LLC.

5. FlurryLib

In connection with your company’s use of the Mag+ Software, your company will be required to create an account for this respective service and thereby accept the applicable license terms in association with this library in order to enable the contemplated app. As a courtesy, here is a link to the terms of such service/license.

http://www.flurry.com/about-us/legal/tos.html

6. Localytics

Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:
Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer.
Neither the name of Char Software, Inc., Localytics nor the names of its contributors may be used to endorse or promote products derived from this software without specific prior written permission.

THIS SOFTWARE IS PROVIDED BY CHAR SOFTWARE, INC. D/B/A LOCALYTICS ”AS IS” AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED.

IN NO EVENT SHALL CHAR SOFTWARE, INC. D/B/A LOCALYTICS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT

(INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

7. Mirroring

// // UIApplication+ScreenMirroring.h // Created by Francois Proulx on 10-04-17. // // Copyright (c) 2010 Francois Proulx. All rights reserved. // All rights reserved. // // This library is distributed under the BSD License.

8. NSLogger

LoggerClient.h version 1.0b10 2011-02-18 Part of NSLogger (client side) * https://github.com/fpillet/NSLogger (http://www.opensource.org/licenses/bsd- license.php)

Copyright (c) 2010-2011 Florent Pillet All Rights Reserved. This library is distributed under the terms of the BSD license. Neither the name of Florent Pillet nor the names of its contributors may be used to endorse or promote products derived from this software without specific prior written permission.

9. Omniture

10. RegexKitLite

Neither the name of the Zang Industries nor the names of its contributors may be used to endorse or promote products derived from this software without specific prior written permission.

11. SBJSON

12. SciFiHiFi

Created by Buzz Andersen on 10/20/08. // Based partly on code by Jonathan Wight, Jon Crosby, and Mike Malone.

Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the “Software”), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions:

The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software.

THE SOFTWARE IS PROVIDED “AS IS”, 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 SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.

13. TapjoyConnect

https://dashboard.tapjoy.com/tos-publisher.html

14. ZipArchive

zip.h — IO for compress .zip files using zlib Version 1.01e, February 12th, 2005

This unzip package allow creates .ZIP file, compatible with PKZip 2.04g. WinZip, InfoZip tools and compatible. Multi volume ZipFile (span) are not supported. Encryption compatible with pkzip 2.04g only supported Old compressions used by old PKZip. 1.x are not supported

For uncompress .zip file, look at unzip.h

I WAIT FEEDBACK at mail info@winimage.com. Visit also http://www.winimage.com/zLibDll/unzip.html for evolution. Condition of use and distribution are the same than zlib :

This software is provided ‘as-is’, without any express or implied warranty. In no event will the authors be held liable for any damages arising from the use of this software. Permission is granted to anyone to use this software for any purpose, including commercial applications, and to alter it and redistribute it freely, subject to the following restrictions:

1. The origin of this software must not be misrepresented; you must not claim that you wrote the original software. If software in a product, an acknowledgment in the product would be

appreciated but is not required.

2. Altered source versions must be plainly marked must not be misrepresented as being the original software.

3. This notice may not be removed or altered from distribution. you use this documentation as such, and any source

15. The Independent JPEG Group’s JPEG software

The authors make NO WARRANTY or representation, either express or implied, with respect to this software, its quality, accuracy, merchantability, or fitness for a particular purpose. This software is provided AS IS, and you, its user, assume the entire risk as to its quality and accuracy.

Permission is hereby granted to use, copy, modify, and distribute this software (or portions thereof) for any purpose, without fee, subject to these conditions:

(1) If any part of the source code for this software is distributed, then this README file must be included, with this copyright and no-warranty notice unaltered; and any additions, deletions, or changes to the original files must be clearly indicated in accompanying documentation.

(2) If only executable code is distributed, then the accompanying documentation must state that this software is based in part on the work of the Independent JPEG Group.

(3) Permission for use of this software is granted only if the user accepts full responsibility for any undesirable consequences; the authors accept NO LIABILITY for damages of any kind.

These conditions apply to any software derived from or based on the IJG code, not just to the unmodified library. If you use our work, you ought to acknowledge us.

Permission is NOT granted for the use of any IJG author’s name or company name in advertising or publicity relating to this software or products derived from it. This software may be referred to only as the Independent JPEG Group’s software.

We specifically permit and encourage the use of this software as the basis of commercial products, provided that all warranty or liability claims are assumed by the product vendor.

16. Libpng version 1.5.1 – February 3, 2011

If you modify libpng you may insert additional notices immediately following this sentence. This code is released under the libpng license.

libpng versions 1.2.6, August 15, 2004, through 1.5.1, February 3, 2011, are Copyright (c) 2004, 2006-2011 Glenn Randers-Pehrson, and are distributed according to the same disclaimer and license as libpng-1.2.5 with the following individual added to the list of Contributing Authors:

Cosmin Truta

libpng versions 1.0.7, July 1, 2000, through 1.2.5, October 3, 2002, are Copyright (c) 2000-2002 Glenn Randers-Pehrson, and are distributed according to the same disclaimer and license as libpng-1.0.6 with the following individuals added to the list of Contributing Authors:

Simon-Pierre Cadieux
Eric S. Raymond
Gilles Vollant

and with the following additions to the disclaimer:

There is no warranty against interference with your enjoyment of the library or against infringement. There is no warranty that our efforts or the library will fulfill any of your particular purposes or needs. This library is provided with all faults, and the entire risk of satisfactory quality, performance, accuracy, and effort is with the user.

libpng versions 0.97, January 1998, through 1.0.6, March 20, 2000, are Copyright (c) 1998, 1999, 2000 Glenn Randers-Pehrson, and are distributed according to the same disclaimer and license as libpng-0.96, with the following individuals added to the list of Contributing Authors:

Tom Lane
Glenn Randers-Pehrson
Willem van Schaik

libpng versions 0.89, June 1996, through 0.96, May 1997, are Copyright (c) 1996, 1997 Andreas Dilger. Distributed according to the same disclaimer and license as libpng-0.88, with the following individuals added to the list of Contributing Authors:

John Bowler
Kevin Bracey
Sam Bushell
Magnus Holmgren
Greg Roelofs
Tom Tanner

For the purposes of this copyright and license, Contributing Authors is defined as the following set of individuals:

Andreas Dilger
Dave Martindale
Guy Eric Schalnat
Paul Schmidt
Tim Wegner

The PNG Reference Library is supplied AS IS. The Contributing Authors and Group 42, Inc. disclaim all warranties, expressed or implied, including, without limitation, the warranties of merchantability and of fitness for any purpose. The Contributing Authors and Group 42, Inc. assume no liability for direct, indirect, incidental, special, exemplary, or consequential damages, which may result from the use of the PNG. Reference Library, even if advised of the possibility of such damage.

Permission is hereby granted to use, copy, modify, and distribute this source code, or portions hereof, for any purpose, without fee, subject to the following restrictions:

1. The origin of this source code must not be misrepresented.

2. Altered versions must be plainly marked as such and must not be misrepresented as being the original source.

3. This Copyright notice may not be removed or altered from any source or altered source distribution.

The Contributing Authors and Group 42, Inc. specifically permit, without fee, and encourage the use of this source code as a component to supporting the PNG file format in commercial products. If you use this source code in a product, acknowledgment is not required but would be appreciated.

18. Expat, Release 2.0.0

Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the Software), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions:

The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software.

THE SOFTWARE IS PROVIDED AS IS, 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 SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.

Your company hereby confirms that it has reviewed this list of open source code and/or libraries as well as the licenses attendant thereto and that your company accepts and shall abide by such terms.