END USER LICENSE AGREEMENT

BY CLICKING ON THE “ACCEPT” BUTTON, YOU (“YOU”/”YOUR”) UNCONDITIONALLY CONSENT TO BE BOUND BY AND BECOME A PARTY TO THIS LICENSE AGREEMENT (”AGREEMENT”) WITH MOVE NETWORKS, INC. (“LICENSOR”). YOUR CONTINUED USE OF THE LICENSOR SOFTWARE THAT YOU ARE ABOUT TO INSTALL (OR WHICH YOU HAVE PREVIOUSLY INSTALLED) SHALL ALSO CONSTITUTE ASSENT TO THE TERMS OF THIS AGREEMENT. IF YOU DO NOT UNCONDITIONALLY AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, CLICK THE “CANCEL” BUTTON AND THE INSTALLATION PROCESS WILL NOT CONTINUE. IF THESE TERMS ARE CONSIDERED AN OFFER, ACCEPTANCE IS EXPRESSLY LIMITED TO THESE TERMS.

1. LICENSE GRANT. Subject to the terms of this Agreement, Licensor hereby grants You a limited, personal, non-sublicensable, non-transferable, nonexclusive license to use the Licensor plug-in video player software that You are about to install or which you have previously installed (”Software”), in object code form only, and only for Your personal, non-commercial use and only in accordance with any documentation that accompanies it (if any).
2. LICENSE RESTRICTIONS. Except as expressly and unambiguously permitted by this Agreement, You shall not, nor permit anyone else to, directly or indirectly: (i) copy, modify, or distribute the Software; (ii) reverse engineer, disassemble, decompile or otherwise attempt to discover the source code or structure, sequence and organization of the Software (except where the foregoing is expressly prohibited by applicable local law, and then only to the extent so prohibited); (iii) rent, lease, or use the Software for timesharing or service bureau purposes, or otherwise use the Software for the benefit of any third party; or (iv) use the Software for commercial purposes. You shall maintain and not remove or obscure any proprietary (including, copyright) notices on the Software. As between the parties, title, ownership rights, and intellectual property rights in and to the Software, and any copies, portions or derivatives thereof, shall remain in Licensor and its suppliers. The Software is protected by the copyright laws of the United States and international copyright treaties. You acknowledge that the Software is licensed, not sold, to you. This Agreement does not give You any rights not expressly granted herein.
3. SUPPORT AND UPGRADES; TRACKING. This Agreement does not entitle You to any support, upgrades, patches, enhancements, or fixes for the Software (“Updates”). However Licensor may, in its sole discretion, offer Updates from time to time and such Updated shall be deemed “Software” for the purposes hereof. In addition, such Updates may be installed without further notice to You and You hereby consent to receive (and have automatically installed) such Updates. You also acknowledge that the Software contains features that allow Licensor to remotely and automatically identify, track and analyze certain aspects of the use and performance of Software, content viewed through the Software, and/or the systems on which the Software is installed (and you consent to the foregoing).
4. FEES. The Software provided pursuant to this Agreement is currently offered without charge. You acknowledge that Licensor may, in the future, charge fees in connection future Software offerings and/or related services.
5. INDEMNITY. You agree that Licensor shall have no liability whatsoever for any use You make of the Software. You shall indemnify and hold harmless Licensor from any claims, damages, liabilities, costs and fees (including, reasonable attorney fees) arising from Your use of the Software (including, any use which infringes the rights of any other person or entity) as well as from Your failure to comply with any term or condition of this Agreement.
6. WARRANTY DISCLAIMER. THE SOFTWARE IS PROVIDED “AS IS” AND LICENSOR HEREBY DISCLAIMS ALL WARRANTIES (EXPRESS OR IMPLIED) OF ANY KIND WITH RESPECT TO THE SOFTWARE, ANY CONTENT (E.G. VIDEOS) AVAILABLE THROUGH USE OF THE SOFTWARE, AND OTHERWISE WITH RESPECT TO THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE, AND NON-INFRINGEMENT. LICENSOR MAKES NO WARRANTY THAT THE SOFTWARE WILL BE UNINTERRUPTED, SECURE, OR ERROR FREE. THIS DISCLAIMER OF WARRANTIES CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. SOME STATES DO NOT ALLOW CERTAIN WARRANTY LIMITATIONS, SO THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU. YOU ACKNOWLEDGE THAT LICENSOR HAS NO CONTROL OVER, AND NO DUTY TO TAKE ANY ACTION REGARDING, ANY CONTENT AVAILABLE THROUGH USE OF THE SOFTWARE. YOU HEREBY RELEASE LICENSOR FROM ALL LIABILITY FOR YOUR HAVING ACQUIRED OR NOT ACQUIRED CONTENT THROUGH USE OF THE SOFTWARE. YOU ACKNOWLEDGE THAT THE SOFTWARE MAY PROVIDE YOU WITH ACCESS TO CONTENT THAT SOME PEOPLE MAY FIND OFFENSIVE OR INAPPROPRIATE. LICENSOR WILL NOT BE RESPONSIBLE OR LIABLE FOR THE LEGALITY OR DECENCY OF MATERIAL CONTAINED IN OR ACCESSED THROUGH USE OF THE SOFTWARE.
7. LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, INCLUDING, BUT NOT LIMITED TO, TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, SHALL LICENSOR OR ITS SUPPLIERS, LICENSORS OR CONTENT DISTRIBUTION PARTNERS BE LIABLE UNDER THE SUBJECT MATTER OF THIS AGREEMENT TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES. LICENSOR’S, AND LICENSOR’S SUPPLIERS’, LICENSORS’, AND CONTENT DISTRIBUTION PARTNERS’, LIABILITY FOR DAMAGES OF ANY KIND WHATSOEVER ARISING OUT OF THIS AGREEMENT SHALL BE LIMITED TO $100.00 (U.S.). THE FOREGOING LIMITATIONS SHALL APPLY EVEN IF LICENSOR SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
8. TERM AND TERMINATION. This Agreement shall continue until terminated as set forth in this section. You may terminate this Agreement and the license granted herein at any time by destroying or removing from all computers, hard drives, networks, and other storage media all copies of the Software. Company may terminate this Agreement – immediately upon notice if You violate any provisions of this Agreement. Upon receiving notice of termination from Company, You agree to destroy or remove from such storage media all copies of the Software. Any termination of this Agreement shall also terminate the licenses granted hereunder. Sections 2 and 4 through 11 shall survive termination of this Agreement.
9. EXPORT CONTROLS. You shall comply with all export laws and restrictions and regulations of the Department of Commerce, the United States Department of Treasury Office of Foreign Assets Control (”OFAC”), or other United States or foreign agency or authority, and You shall not export, or allow the export or re-export of the Software in violation of any such restrictions, laws or regulations. By installing or using the Software, You agree to the foregoing and represent and warrant that You are not located in, under the control of, or are a national or resident of any restricted country.
10. PRIVACY. Use of personal information gathered during, or by, Your use of the Software shall be governed by Licensor’s privacy policy currently located at: http://www.movenetworks.com. By using the Software, You signify Your agreement to the policies and practices set forth in such privacy policy. If You do not agree to the privacy policy, do not use Software. Licensor reserves the right, at its discretion, to change, modify, add, or remove portions of the privacy policy at any time. Changes shall be posted on the Licensor’s website located at http://www.movenetworks.com. Your continued use of the Software following the posting of changes to the privacy policy will mean You accept those changes. Licensor strongly urges You to review the privacy policy carefully.
11. MISCELLANEOUS. This Agreement represents the complete agreement concerning the Software between the parties and supersedes all prior agreements and representations between them. This Agreement may be amended only by a writing executed by both parties. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable. The failure of Licensor to act with respect to a breach of this Agreement by You or others does not constitute a waiver and shall not limit Licensor’s rights with respect to such breach or any subsequent breaches. This Agreement is personal to You and may not be assigned or transferred for any reason whatsoever without Licensor’s consent and any action or conduct in violation of the foregoing shall be void and without effect. Licensor expressly reserves the right to assign this Agreement and to delegate any of its obligations hereunder. This Agreement shall be governed by and construed under Utah law as such law applies to agreements between Utah residents entered into and to be performed in Utah. Unless waived by Licensor in a particular instance, the sole and exclusive jurisdiction and venue for actions arising under this Agreement shall be the State and Federal courts in Salt Lake City, Utah, and each party hereby consents to the jurisdiction of such courts for any such dispute. The party prevailing in any dispute under this Agreement shall be entitled to its actual costs and reasonable legal fees.