End User License Agreement

This End User License Agreement (“EULA”) is between Plugg, Inc. (“Licensor”, “we”, “us”, or “our”) and the individual consumer or business entity that will use Plugg’s CommaJS software (“You”).

This EULA governs Your use of the object code version of Plugg’s CommaJS software and all related materials (collectively, the “Software”). If You accept this EULA, or if You download, install, copy, access and/or use the Software, then You agree to this EULA. If You accept this EULA or download, install, copy, access or use the Software on behalf of a business entity, then You represent that You have authority to take those actions, and this EULA will be binding on that business entity. If You do not agree to this EULA, you may not download, install, copy, access, or use the Software.

1. License Grant

1.1. Right to Use. Subject to and in consideration of your full compliance with the terms and conditions of this EULA, including the payment of all applicable fees, Licensor grants to You a personal, perpetual, non-transferable, non-exclusive license to use the Software for the time period and for the number of users and domains corresponding to the license fee You have paid. If You are an individual user, this license grant allows You to use the Software in connection with Your own personal use. If You are a business entity, this license grant allows You to use the Software in connection with the internal business operations of Your entity. In addition, You may make a reasonable number of copies of the Software solely as needed for backup or archival purposes.

1.2. Ownership. Licensor retains ownership of the Software and all related intellectual property rights. The structure, organization and code of the Software are valuable trade secrets and confidential information of Licensor. The Software is proprietary to Licensor and protected by law, including copyright laws.

1.3. Rights Reserved. The Software is licensed and not sold. Except for the license expressly granted in this EULA, Licensor reserves all rights in and to the Software. The rights in the Software are protected in all forms, media, and technologies existing now or hereafter developed. Any use of the Software other than as expressly set forth herein is strictly prohibited. You agree that you may not remove any banner pertaining to the license status of the Software without our prior written approval.

1.4 License Fee. The license fee for the Software shall be as specified here. The Software license fees listed on Licensor’s website are in United States dollars and do not include taxes. If Licensor is required to pay any sales, use, property, excise, value-added, gross receipts, withholding or other taxes levied on the Software under this Agreement or on Licensee’s use thereof, then such taxes shall be billed to and paid by Licensee. This section does not apply to taxes based on Licensor’s net income.

2. License Conditions

2.1. Requirements. You agree to: (a) treat the Software as our confidential information; (b) use the Software only for the time period and for the number of domains, and for the number and type of products corresponding to the license fee you have paid; and (c) abide by the applicable export control and economic sanctions laws of the United States and other applicable jurisdictions.

2.2. Restrictions. Except as otherwise expressly permitted by this EULA, You may not: (a) modify or remove any proprietary notices or markings on or in the Software; (b) transfer the Software to any other person or entity; (c) violate or circumvent any technological use restrictions in the Software; (d) sell, loan, rent, lease, sublicense, distribute or encumber (e.g., by lien, security interest, etc.) the Software; (e) use any trademarks or service marks of Licensor for any purpose; (f) provide access to the Software or allow use by any third party without Licensor's prior written consent and payment of any additional fees; (g) copy, republish, upload, post or transmit the Software in any way; (h) modify or create derivative works based upon the Software; (i) decompile, disassemble, reverse-engineer, or otherwise attempt to derive source code from the Software, in whole or in part; (j) use the Software on a service bureau, rental or managed services basis; (k) use the Software to create a competitive offering; (l) use the Software for high risk activities, including without limitation online control systems, or use in hazardous environments requiring fail-safe performance, such as in the operation of nuclear facilities, aircraft navigation or communications systems, air traffic control, life support, weapons systems or in any other device or system in which function or malfunction of the Software could result in death, personal injury or physical or environmental damage; or (m) use the Software for activities related to weapons of mass destruction, including but not limited to, activities related to the design, development, production or use of nuclear materials, nuclear facilities, nuclear weapons, missiles or support of missile projects, or chemical or biological weapons.

3. Compliance Verification.

You must: (a) maintain and use systems and procedures that allow You to accurately track Your use of the Software; and (b) confirm to us in writing, at our request, that Your use of the Software fully complies with this EULA, indicating the number of Software licenses deployed at that time. If Licensor determines that You have over-deployed Software (either in terms of number of domains or number and type of product, You agree to immediately purchase licenses at the then-current list price to bring Your use into compliance.

4. Limited Support Services.

Depending on the software license you purchase, we may provide limited support for the Software. If You purchase such a license, You will have access to limited support including (i) any Software updates we may make available, and (ii) our online email support services (together, “Limited Support”) for one (1) year from the date of your purchase. We will make commercially reasonable efforts to respond to technical questions You submit to us via email within one (1) week of our receipt. Limited Support is only available for integration questions related to the Software’s API and documentation clarification. You will have access to any Software updates we choose to make available via Limited Support; provided, however, that we have no obligation to fix any bugs, errors, or other deficiencies in the Software. At the end of the one-year Limited Support period, you may purchase additional support, if and as available from Licensor. Contact Licensor for information regarding availability and cost of additional Limited Support.

5. Termination.

Licensor may terminate this EULA and revoke your license to use the Software if You commit a material breach of this EULA and fail to cure such breach within ten (10) days following Your receipt of notice of the breach from Licensor. When this EULA terminates, all licenses granted automatically terminate and You must immediately cease use of the Software and return or destroy all copies of the Software. You will not get a refund from Licensor if this EULA is terminated. Rights and obligations under sections of this EULA that, by their nature should survive, will survive termination, as well as obligations for payment.

6. Warranty Disclaimer.

Under this EULA, Licensor does not provide any warranties or support for the Software other than the Limited Support described in Section 4 (Limited Support Services) above. The Software is provided by Licensor under this EULA “as is” and without any warranties or conditions. To the maximum extent permitted by applicable law, Licensor: (a) makes no express warranties or conditions related to the Software; (b) disclaims all implied warranties and conditions related to the Software, including merchantability, fitness for a particular purpose, title, and non-infringement; and (c) disclaims any warranty or condition arising by statute, operation of law, course of dealing or performance, or usage of trade. Licensor does not warrant uninterrupted or error-free operation of the Software.

7. Limitation of Liability.

7.1. Limitations on Damages. The terms of this section are agreed allocations of risk constituting part of the consideration for Licensor’s licensing of Software to You and will apply even if there is a failure of the essential purpose of any limited remedy, and regardless of whether a party has been advised of the possibility of the liabilities.

A. Limitation on Direct Damages. Except for Your obligation to pay for the Software, or for Your violation of Section 2 (License Grant) or of Licensor’s intellectual property rights, the total liability of You and Licensor arising out of any dispute related to the Software is limited to the amount of the license fee You paid for the Software that is the subject of such dispute.

B. Disclaimer of Certain Other Damages. Except for (i) Your obligation to pay for the Software, or (ii) Your violation of Section 2 (License Grant) or of our intellectual property rights, neither You nor Licensor shall have any liability under this EULA for special, consequential, incidental or indirect damages, or for lost profits, loss of revenue, loss or corruption of data, or loss of use or procurement of substitute products or services.

7.2. Data Backups. You are solely responsible for protecting and backing up Your data

8. Additional Terms.

8.1. Notices. The parties will provide all notices under this EULA in writing. Notices to Licensor may be sent to .

8.2. Waiver and Severability. Failure to enforce a provision of this EULA will not constitute a waiver of that or any other provision of this EULA. If a court of competent jurisdiction determines that any part of this EULA or document that incorporates this EULA by reference is unenforceable, the offending provision shall be enforced to the maximum extent permissible to effect the original intent of the parties, and the remaining terms and conditions shall remain in full force and effect.

8.3. Modifications. This EULA may only be modified in writing signed by authorized representatives of both parties.

8.4. Governing Law and Jurisdiction. This EULA is governed by the laws of the State of California (excluding the conflicts of law rules) and the federal laws of the United States. To the extent permitted by law, the state and federal courts located in San Francisco, California will have exclusive jurisdiction for any dispute. Both parties agree to submit to the personal jurisdiction of the state and federal courts located within the city and county of San Francisco, CA, and agree to waive any and all objections to the exercise of jurisdiction over the parties by those courts and to venue in those courts. Neither the U.N. Convention on Contracts for the International Sale of Goods, nor the Uniform Computer Information Transaction Act shall apply to this EULA or any Dispute.

8.5. Third Party Rights. This EULA does not create any rights for any person other than You and Licensor, and no person who is not a party to this EULA may enforce any of its terms or rely on any exclusion or limitation contained in it.

8.6. Entire Agreement. You acknowledge that You have read this EULA, that You understand it, that You agree to be bound by its terms, and that this EULA is the complete and exclusive statement of the agreement between You and Licensor regarding Your use of the Software. You represent that You did not rely on any representations or statements that do not appear in this EULA when accepting this EULA.