End-User License Agreement

PLEASE READ THIS AGREEMENT CAREFULLY. IT CONTAINS IMPORTANT TERMS THAT AFFECT YOU AND YOUR USE OF THE SOFTWARE. BY INSTALLING, COPYING OR USING THE SOFTWARE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. [3] IF YOU DO NOT AGREE TO THESE TERMS, DO NOT INSTALL, COPY, OR USE THE SOFTWARE. [4] IF YOU ARE ACCESSING OR USING THE SOFTWARE ON BEHALF OF ANY ENTITY OR OTHERWISE IN PERFORMANCE OF SERVICES FOR ANY ENTITY, YOU REPRESENT AND WARRANT THAT YOU ARE AUTHORIZED TO ACCEPT THIS AGREEMENT ON SUCH ENTITY'S BEHALF, THAT ACCEPTANCE OF THIS AGREEMENT AND USE OF THIS SOFTWARE WILL NOT VIOLATE ANY AGREEMENT YOU HAVE WITH SUCH ENTITY, AND THAT SUCH ENTITY AGREES TO INDEMNIFY YOU AND COMPANY FOR VIOLATIONS OF THIS AGREEMENT.

1. Software License

Subject to the terms and conditions of this Agreement and during the term of this Agreement, the Company hereby grants you a non-exclusive [6], non-sublicensable [7], nontransferable license [8] to [install and use] [stream, access, download and use] one copy of the Software in object code form [9] only on a single [personal computing device] [network server] solely to use the services made available by Company (the “Company Services”) for your own personal or internal business use (the “Permitted Purpose”). [10] Any Software that updates, supplements or replaces the original Software is governed by this Agreement unless separate license terms accompany such update, supplement or replacement, in which case such separate terms will govern in the event of a conflict with this Agreement or as otherwise provided in such separate terms.

2. License Limitations Section

The entirety of your rights with respect to the Software, and we reserve all rights not expressly granted to you in this Agreement. Without limiting the foregoing, you will not do, or authorize or permit any third party to do, any of the following: (a) distribute, sub-license, sell, assign, or otherwise transfer or make available the Software; (b) use the Software for any purpose other than the Permitted Purpose; (c) reverse engineer, decompile, disassemble or otherwise attempt to discover or re-create the source code for the Software [11]; (d) modify, adapt, alter, improve or create any derivative works of the Software; (e) connect the Software with any other online services or use the Software in conjunction with other software or services not provided by or permitted by Company [in connection with the Company Services]; (f) remove, circumvent or create or use any workaround to any copy protection or security feature in or relating to the Software; or (g) remove, alter or obscure any copyright, trademark or other proprietary rights notice on or in the Software.[12]

3. Ownership and Confidentiality

The Software is licensed, not sold, to you. We or our licensors own all right, title and interest in and to the Software, including all copyright, patent and other intellectual property or other proprietary rights in the Software. No title to or ownership of the Software or any associated intellectual property or proprietary rights are transferred to you by this Agreement. [13] You also acknowledge that when you download, install or use the Software, we have the right to automatically collect information on your use of the Software. We may also require that you provide information regarding yourself in order to download, install or use the Software or certain features. [14] All information collected from you in connection with the Software may be used by us in compliance with our Privacy Policy [15]. By you using, installing, downloading or providing information, you consent to the Privacy Policy and our use of your information in compliance thereof.

4. Disclaimers

THE SOFTWARE IS PROVIDED TO YOU AND IS PROVIDED ON AN “AS IS” BASIS AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. COMPANY AND ITS LICENSORS DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED

WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. COMPANY DOES NOT REPRESENT OR WARRANT THAT THE SOFTWARE IS FREE OF BUGS, ERRORS, VIRUSES OR OTHER DEFECTS OR THAT THE SOFTWARE WILL TRANSMIT DATA IN A SECURE MANNER. COMPANY AND ITS LICENSORS SHALL HAVE NO LIABILITY OF ANY KIND FOR THE USE OF OR INABILITY TO USE THE SOFTWARE. COMPANY AND ITS LICENSORS PROVIDES ANY WARRANTY OR REPRESENTATIONS OF ANY KIND THAT THE SOFTWARE WILL OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, ACHIEVE ANY KIND OF INTENDED PURPOSE, BE COMPATIBLE WITH ANY OTHER SOFTWARE OR SYSTEM, OR HAVE ERRORS THAT CAN BE CORRECTED[18]

Some jurisdictions do not allow the exclusion of implied warranties or limitations on how long an implied warranty may last. To the extent that those laws apply to this Agreement, the exclusions and limitations set forth above may not apply to you. You may have other rights that vary from jurisdiction to jurisdiction.

5. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE COMPANY OR ITS LICENSORS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above exclusion or limitation may not apply to you.

6. Termination

This Agreement will terminate immediately without notice from the Company if you fail to comply with any provision of this Agreement. Upon termination, you must destroy all copies of the Software in your possession or control. The License Limitations, Ownership and Confidentiality, Disclaimers, Limitation of Liability, Termination, Governing Law and General Provisions sections, will survive any termination of this Agreement.

7. Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the state of [Your State, e.g., "Delaware"], excluding its conflicts of law rules. You expressly agree that the exclusive jurisdiction for any claim or dispute under this Agreement and or your use of the Software resides in the courts of [Your State, e.g., "Delaware"], and you further agree and expressly consent to the exercise of personal jurisdiction in such courts in connection with any such dispute and including any claim involving the Company or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and content providers.

8. General Provisions

This Agreement constitutes the entire agreement between you and the Company concerning the Software and supersedes all prior or contemporaneous oral or written communications, proposals, and representations with respect to its subject matter. No provision of this Agreement will be waived except with the express written consent of the Company. If any provision of this Agreement is held invalid, void or unenforceable, the remaining provisions will remain in full force and effect.

For questions concerning this Agreement, please contact:

The Brown Assets, LLC

Email: info@aiaicaptain.ai

Website: www.aiaicaptain.ai