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%3Ch1%3EModest3D™ End-User License Agreement and Terms of Use%3C/h1%3E

%3Cp%3E%3Cstrong%3EIMPORTANT-READ CAREFULLY: This End-User License Agreement (“EULA”) is a legal agreement between You, the End User (Either an Individual or a Single Entity), and Modest Tree Media Inc., (“Modest Tree”, “we”, “our” or “us”) for the Modest3D™ Software product and any associated software development kits, media, printed materials “online” or electronic documentation and associated sample model files or content (Collectively “Software”) accompanying this EULA.%3C/strong%3E%3C/p%3E

%3Cp%3E%3Cstrong%3EBy installing, accessing, copying, downloading or using the Software You accept all the terms and conditions of this Agreement. If You do not agree with the terms of this license agreement, promptly return the unused Software. Taking possession of a license key for this Software shall be considered your irrevocable acceptance of this agreement.%3C/strong%3E%3C/p%3E

%3Cp%3E%3Cstrong%3EThis Software is licensed, not sold. This Software is protected by copyright law, international copyright treatises, as well as other intellectual property laws and treaties. You acknowledge and agree that Modest Tree owns all legal right, title, and interest in and to the Software, including any intellectual property rights which subsist in the Software (whether those rights happen to be registered or not, and wherever in the world those rights may exist).%3C/strong%3E%3C/p%3E

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%3Cli%3E%3Cstrong%3EDefinitions.%3C/strong%3E

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%3Cp%3E%3Cstrong%3E“Authorized Internal Use”%3C/strong%3E shall mean the use by Licensee of the Software for its business purposes, and not for distribution or resale. For hosted cloud installations Authorized Internal Use is solely for internal use by a single person with a single named user login to develop Licensee Content during the applicable license term. For standalone licenses Authorized Internal Use shall include the right to use the Software by an individual on a single terminal connected to a single computer. For client-hosted installations of the Software Authorized Internal Use is the right by a single person with a single named user login to develop Licensee content during the applicable term.%3C/p%3E

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%3Cli%3E%3Cstrong%3E“Licensee”%3C/strong%3E shall mean the end-user licensing the Software.%3C/li%3E

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%3Cp%3E%3Cstrong%3E“Software”%3C/strong%3E shall mean Modest3D programs in all configurations, underlying branch products, and optional extension modules, along with associated media and printed materials, and any online or electronic documentation. “Software” also includes any software updates, add-on components, web services and/or supplements that Modest Tree may provide to You or make available to You after the date You obtain Your initial copy of the Software to the extent that such items are not accompanied by a separate license agreement or terms of use.%3C/p%3E

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%3Cp%3E%3Cstrong%3E“Creative Works”%3C/strong%3E shall mean the graphical content created by “You” through the use of the “Software”.%3C/p%3E

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%3Cp%3E%3Cstrong%3E“Redistributable Modest3D Player (Modest3D Player)”%3C/strong%3E shall mean the exported file that is provided to distribute the interactive lesson via a browser or as an executable file.%3C/p%3E

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%3Cp%3E%3Cstrong%3E“You”%3C/strong%3E or %3Cstrong%3E“Your”%3C/strong%3E means the Licensee.%3C/p%3E

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%3Cp%3E%3Cstrong%3E“Subscription License”%3C/strong%3E means a license to install, use and run one copy of the Software by an individual that is purchased for a period of time. The licensee has access to the software during the subscription period and receives all updates to the software during the subscription period.%3C/p%3E

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%3Cp%3E%3Cstrong%3E“ User”%3C/strong%3E This includes the use of the Licensed Software a single named user login.%3C/p%3E

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%3Cp%3E%3Cstrong%3ELicense Grant (Software)%3C/strong%3E Upon compliance with the terms and conditions of this Agreement and payment of all applicable fees, Modest Tree grants to Licensee a non-exclusive, non-transferable license for the Authorized Internal Use of the Software only. Licensee is responsible for obtaining and operating all equipment and software necessary for Licensee and for Licensee’s employees to use and access the Software and to connect to the internet. Nothing herein grants any rights to Licensee to rent, resell, or to remarket the Software, or to provide access to the Software, to any third party, except that (i) Licensee may use the Software to provide the derivative (“Creative Works”) to their Clients. Licensee shall not provide any output of the Software in a form that is modified or which removes any of the proprietary marks on the Software, unless agreed by Modest Tree in a separate agreement. Licensee acknowledges that each end user related to any particular account will be required to accept these click-through Terms of Use before each account is permitted to first access the Software; %3C/p%3E

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%3Cp%3E%3Cstrong%3ELicense Term.%3C/strong%3E Licensing of the standalone or cloud version of Modest3D is purchased on a Subscription Period. The Subscription Period is one year from date of purchase, unless otherwise negotiated under a separate agreement with a Licensee. Purchasers may opt for multiple annual Subscription Periods to take advantage of additional discounts on License subscription cost. Modest Tree will bill or invoice Licensee no more frequently than once per Subscription Period at the start of the Subscription Period, unless otherwise agreed to with Licensee. Modest Tree is under no obligation to maintain Licensee’s Creative Works in the event that the licensee terminates the subscription to the Software. Modest Tree will notify Licensee of the end of the Subscription Period by way of the Registration Information that the Licensee provided us prior to the end of the Subscription Period, but we cannot guarantee that Licensee’s Creative Works will be maintained if Licensee allows a Subscription Period to expire.%3C/p%3E

%3Cp%3EIf you are using the Software on a trial basis the license granted under this Agreement will remain in effect for a period of 30 days, unless earlier terminated in accordance with this Agreement.%3C/p%3E

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%3Cp%3E%3Cstrong%3ETrial Use Restrictions.%3C/strong%3E If you are using the Software on a trial basis, you may not publish or distribute any Creative Works.%3C/p%3E

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%3Cp%3E%3Cstrong%3ELicense Grant (Redistributable Runtime Module).%3C/strong%3E If you have licensed a version of the Software other than a trial or educational version, upon Your registration with Modest Tree, and in conjunction with your distribution of Your Creative Works, you are authorized to distribute the %3Cstrong%3EMODEST3D PLAYER%3C/strong%3E to run Creative works developed with the licensed Software. As between You and Modest Tree, Modest Tree does not claim any rights to any Creative Works or the intellectual property that You create using the Software, except as may be specified in Section 5.6. This module must be distributed with Your Creative Works with all legends and splash screens intact, unless otherwise authorized in writing by Modest Tree. This module may not be used for any purpose other than the execution of your Creative Works.%3C/p%3E

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%3Cp%3E%3Cstrong%3EFees; Payment Terms.%3C/strong%3E Licensee’s rights under these Terms of Use are subject to fees payable by Licensee as set forth during the Subscription Period. All fees invoices will be in U.S. Dollars, unless specifically agreed to%3C/p%3E

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