License Agreement This Software License Agreement ("Agreement") is an agreement between the end-user ("You") and 4FriendsOnly.com Internet Technologies AG ("4FO") that sets forth your rights and obligations with respect to download and use of FireMatcher software and services (the "Services"). By downloading FireMatcher, You agree to abide by and be legally bound by the terms and conditions of the Agreement, including the disclaimers of warranties and limitations of liability. LICENSE AGREEMENT 1. License Grant and Restrictions. (a) Grant. 4FO hereby grants, and You hereby accept, a non-exclusive, non-transferable License and right to use the Services for your personal non-commercial use only. 4FO reserves the right to modify or discontinue the Services at any time and for any reason, at 4FO's sole discretion, with or without notice. The Services may also experience scheduled and unscheduled interruptions. You agree that 4FO will not be liable to you for any interruption, delay, failure, suspension, modification or discontinuation of any part of the Services. (b) Privacy. 4FO respects your privacy. You understand that the functionality of the Services involves the sending of textual data of analyzed documents that could contain personally identifiable information. This data, which can be modified by you, is only transferred to our service to present you topically matching web search results. (c) Restrictions. You agree that You shall not, other than with the express written consent of 4FO: (i) use the Services other than as expressly permitted by this License; (ii) reproduce, modify, copy, transmit or create any derivate work of all or any portion of the Services; (iii) reverse engineer, decompile, or disassemble the Services or otherwise attempt to recreate all or any portion of the Services; (iv) remove, obscure or alter any copyright notices or other proprietary rights notices contained in the Services Licensee; (v) sell, lease, rent, license, sublicense or otherwise distribute the Services or any part thereof or the right to use the Services or any part thereof to any person or entity; (vi) use automated agents or robots to exercise the functionality provided by the Services; or (vii) authorize any third party to do any of the foregoing. 2. Term. (a) This Agreement is effective from the date on which you install the software or use the Services. (b) You may terminate the Agreement at any time by erasing or destroying all copies of the software that are within your possession or control. The Agreement and your License to use the Services will also automatically terminate if You fail to comply with any term or condition of this Agreement. (c) 4FO may terminate this Agreement at any time and without notice in the event that: (i) You use the Services in a manner that over-utilizes 4FO's available resources; (ii) 4FO determines in its sole discretion that Your Data is or includes data that is unlawful, fraudulent, threatening, libelous, defamatory, obscene, illegal or otherwise objectionable; (iii) You use the Services or otherwise engage in any action that, in the sole and absolute discretion of 4FO, may reflect poorly upon 4FO or its trademarks, service marks, trade name or reputation; (v) 4FO for any other reason in its sole and absolute discretion determines that it is in the best interest of 4FO to terminate the Agreement. For the purpose of this Agreement, "Your Data" means information that you provide as or that is collected based upon your input to the software. 3. Intellectual Property. You acknowledge and agree that the Services constitute proprietary information and/or trade secrets of 4FO and/or its suppliers, whether or not any portion thereof is or may be validly copyrighted or patented. 4FO owns all rights, title and interest in and to the Services, including all Intellectual Property Rights. This Agreement conveys a limited right to operate the software and shall not be construed to convey title to the Services or any copyright, patent, or other proprietary right of 4FO or its suppliers to You. No right, title, or interest in or to any trademark, service mark, logo or trade name of 4FO or its suppliers is granted under this Agreement. For the purpose of this Agreement, "Intellectual Property Rights" means any and all rights existing from time to time under patent law, copyright law, trade secret law, trademark law, unfair competition law, and any and all other proprietary rights, and any and all applications, renewals, extensions and restorations thereof, now or hereafter in force and effect worldwide. 4. Warranty Disclaimer. THE SERVICES ARE PROVIDED ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND 4FO, ITS CONTRIBUTORS, LICENSORS AND DISTRIBUTORS MAKE NO WARRANTY, EXPRESS, IMPLIED OR STATUTORY, WITH RESPECT TO THE SERVICES OR ANY PART THEREOF, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF TITLE, AVAILABILITY, USEFULNESS, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, OR ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE. 4FO, ITS CONTRIBUTORS, LICENSORS AND DISTRIBUTORS DO NOT WARRANT THAT THE SERVICES OR ANY PART THEREOF WILL MEET YOUR REQUIREMENTS OR BE UNINTERRUPTED, TIMELY, AVAILABLE, SECURE OR ERROR-FREE, OR THAT ERRORS WILL BE CORRECTED. 5. Limitation of Liability. IN NO EVENT SHALL 4FO, ITS CONTRIBUTORS, LICENSORS AND DISTRIBUTORS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL, DIRECT, INDIRECT, SPECIAL AND CONSEQUENTIAL DAMAGES, DAMAGES FOR LOSS OF PROFITS, OR INTERRUPTION OR LOSS OF INFORMATION, OR OTHER PECUNIARY LOSS) ARISING OUT OF OR RELATED TO THE USE OR INABILITY TO USE THE SERVICES, EVEN IF 4FO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING FAULT, NEGLIGENCE AND THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. REGARDLESS OF THE CAUSE OR FORM OF THE ACTION, 4FO'S AGGREGATE LIABILITY TO YOU FOR ACTUAL DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL BE LIMITED TO THE TOTAL AMOUNT OF THE LICENSE FEE, IF ANY, PAID BY YOU TO 4FO FOR THE USE OF THE SOFTWARE. IF THE LIMITATIONS ON LIABILITY SET FORTH IN THIS AGREEMENT ARE NOT ENFORCEABLE UNDER APPLICABLE LAW, THEN THE LIABILITY HEREUNDER SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. 6. Indemnification. You shall defend, indemnify and hold harmless 4FO, its Affiliates, and their licensors, officers, directors, agents and employees from any liability, loss, damage, cost or expense (including reasonable attorney's fees) arising out of any act or omission by You in connection with the Services. For the purpose of this Agreement, "Affiliates" shall mean a party that directly or indirectly, through one or more intermediaries, controls, is controlled by, or is under common control with 4FO. 7. Assignability. This Agreement is not assignable or transferable in whole or in party, by operation of law or otherwise, by You without the prior written consent of 4FO. 4FO may assign this Agreement without Your consent. 8. Severability and Interpretation. The provisions of this Agreement are severable. If any one or more of the provisions of this Agreement are determined by a court of competent jurisdiction to be illegal or otherwise unenforceable, in whole or in part, the remaining provisions of this Agreement shall nevertheless be binding on and enforceable by and between the parties hereto, and shall be interpreted so as best to reasonably effect the intent of the parties. The parties further agree that any such invalid or unenforceable provisions will be deemed replaced with valid and enforceable provisions that achieve, to the extent possible, the business purposes and intent of such invalid and unenforceable provisions. To the extent that any law, treaty or regulation is in conflict with this Agreement, the conflicting terms of this Agreement shall be superseded only to the extent necessary by such law, treaty or regulation. THE FOREGOING IS A LICENSE AGREEMENT WITH 4FriendsOnly.com Internet Technologies AG. WHEN YOU DOWNLOAD FIREMATCHER YOU ARE CONSENTING TO BE BOUND BY AND BECOME A PARTY TO THIS AGREEMENT.