# End-User License Agreement ("Agreement")

Last updated: May 18, 2021

Please read this End-User License Agreement ("Agreement") carefully before clicking the "Pay" button, downloading or using CleanShot ("Application").

By using the Application, you are agreeing to be bound by the terms and conditions of this Agreement.

This Agreement is a legal agreement between you (either an individual or a single entity) and Make The Web Oślizło & Magiera s. c., address: ul. Wałowa 49, 44‐300 Wodzisław Śląski (Poland), NIP: 6472582030 ("MTW") and it governs your use of the Application made available to you by MTW.

If you do not agree to the terms of this Agreement, do not click on the "Pay" button and do not download or use the Application.

The Application is licensed, not sold, to you by MTW for use strictly in accordance with the terms of this Agreement.

We respect consumer rights, whereby a “Consumer” is understood as any natural person who in agreements acts for purposes other than connected with business, economic or craft activity or freelance profession. A Consumer may not waive the rights granted thereto by relevant legal acts. Any agreement provisions which are less favourable to a consumer than provisions in relevant legal acts protecting consumers shall be invalid, and the respective statutory provisions shall be used instead. That is why the provisions of the Agreement are not intended to exclude or limit any consumer rights granted thereto under unconditionally applicable legal provisions, any possible doubts should be clarified to the advantage of a consumer. In the case of any discrepancy between the provisions of the Agreement with the foregoing provisions, these provisions shall prevail and be applicable.

In particular, MTW shall not apply towards consumers the provisions of the Agreement which exclude or considerably limit the liability towards a consumer for non-performance or improper performance of our liabilities. In the case of consumers, we shall not make performance of the Agreement dependant on circumstances under our sole control, we shall apply neither the right to binding interpretation of the Agreement nor other provisions which would grossly infringe consumer’s interest.

Please remember also that a consumer shall not enjoy the right to withdraw from an agreement concluded from the remote with regard to service agreements if the entrepreneur provided the service fully upon express consent of the consumer who had been informed before starting the performance that upon completion of the performance by the entrepreneur he/she will lose the right to withdraw from the agreement.

Save for consumers, MTW shall not be liable against users for any lost profit and damage resulting from unintentional fault.

## License

MTW grants you a revocable, non-exclusive, non-transferable, limited license to download, install and use the Application strictly in accordance with the terms of this Agreement.

## Restrictions

You agree not to, and you will not permit others to:

- license, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose or otherwise commercially exploit the Application or make the Application available to any third party.
- modify, make derivative works of, disassemble, decrypt, reverse compile or reverse engineer any part of the Application.
- remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) of MTW or its affiliates, partners, suppliers or the licensors of the Application.

## Your Suggestions

Any feedback, comments, ideas, improvements or suggestions (collectively, "Suggestions") provided by you to MTW with respect to the Application shall remain the sole and exclusive property of MTW.

MTW shall be free to use, copy, modify, publish, or redistribute the Suggestions for any purpose and in any way without any credit or any compensation to you.

## Modifications to Application

MTW reserves the right to modify, suspend or discontinue, temporarily or permanently, the Application or any service to which it connects, with or without notice and without liability to you.

## Updates to Application

MTW may from time to time provide enhancements or improvements to the features/functionality of the Application, which may include patches, bug fixes, updates, upgrades and other modifications ("Updates").

Updates may modify or delete certain features and/or functionalities of the Application. You agree that MTW has no obligation to (i) provide any Updates, or (ii) continue to provide or enable any particular features and/or functionalities of the Application to you.

You further agree that all Updates will be (i) deemed to constitute an integral part of the Application, and (ii) subject to the terms and conditions of this Agreement.

## Third-Party Services

The Application may display, include or make available third-party content (including data, information, applications and other products services) or provide links to third-party websites or services ("Third- Party Services").

You acknowledge and agree that MTW shall not be responsible for any Third-Party Services, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. MTW does not assume and shall not have any liability or responsibility to you or any other person or entity for any Third-Party Services.

Third-Party Services and links thereto are provided solely as a convenience to you and you access and use them entirely at your own risk and subject to such third parties' terms and conditions.

## Term and Termination

This Agreement (and the license) shall remain in effect until terminated by you or MTW.

This Agreement will terminate immediately, without prior notice from MTW, in the event that you fail to comply with any provision of this Agreement. You may also terminate this Agreement by deleting the Application and all copies thereof from your computer.

Upon termination of this Agreement, you shall cease all use of the Application and delete all copies of the Application from your computer.

Termination of this Agreement will not limit any of MTW's rights or remedies at law or in equity in case of breach by you (during the term of this Agreement) of any of your obligations under the present Agreement.

## Indemnification

You agree to indemnify and hold MTW and its subsidiaries, affiliates, officers, employees, agents, partners and licensors (if any) harmless from any claim or demand, including reasonable attorneys' fees, due to or arising out of your: (a) use of the Application; (b) violation of this Agreement or any law or regulation; or (c) violation of any right of a third party.

## No Warranties

The Application is provided to you "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, MTW, on its own behalf and on behalf of its affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Application, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, MTW provides no warranty or undertaking, and makes no representation of any kind that the Application will meet your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither MTW nor any MTW's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Application, or the information, content, and materials or products included thereon; (ii) that the Application will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Application; or (iv) that the Application, its servers, the content, or e-mails sent from or on behalf of MTW are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

Some jurisdictions do not allow the exclusion of or limitations on implied warranties or the limitations on the applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to you.

## Limitation of Liability

Notwithstanding any damages that you might incur, the entire liability of MTW and any of its suppliers under any provision of this Agreement and your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by you for the Application.

To the maximum extent permitted by applicable law, in no event shall MTW or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, for loss of data or other information, for business interruption, for personal injury, for loss of privacy arising out of or in any way related to the use of or inability to use the Application, third-party software and/or third-party hardware used with the Application, or otherwise in connection with any provision of this Agreement), even if MTW or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

Some states/jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

## Severability

If any provision of this Agreement is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

## Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Agreement shall not effect a party's ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute waiver of any subsequent breach.

## Amendments to this Agreement

MTW may amend the Agreement due to material reasons, whether legal (amendment of generally applicable law or change of the organizational form of MTW) or technical (modernization of the Application, change of the operation manner of the Application).

You will be notified on any amendment to the Agreement after downloading a new version of the Application. You should accept the new provisions of the Agreement or refuse to accept them and terminate the Agreement with immediate effect.

## Governing Law and jurisdiction

The laws of Poland, excluding its conflicts of law rules, shall govern this Agreement and your use of the Application. Your use of the Application may also be subject to other local, state, national, or international laws.

A Consumer may take advantage of dispute resolution methods which are alternative to court proceedings (ADR), in particular through mediation, conciliation or arbitration (arbitration court). The list of institutions to which the Consumer may refer for dispute settlement within the frames of ADR is available here: http://ec.europa.eu/consumers/solving_consumer_disputes/non-judicial_redress/national-out-of-court-bodies/index_en.htm A Consumer may also take advantage of out-of-court means of considering complaints and seeking claims by submitting his/her complaint through the EU ODR online website available here: http://ec.europa.eu/consumers/odr/. If the User resigns from taking advantage from ADR or ODR, any disputes arising out of the Agreement will be settled by a common court with the jurisdiction determined according to the rules prescribed by a legal act applicable to the user being a Consumer.

Any disputes arising between MTW and the user not being a Consumer are referred to the court with the local jurisdiction over the registered office of MTW.

## Contact Information

If you have any questions about this Agreement, please contact us at hello@cleanshot.com.

## Entire Agreement

The Agreement constitutes the entire agreement between you and MTW regarding your use of the Application and supersedes all prior and contemporaneous written or oral agreements between you and MTW.

You may be subject to additional terms and conditions that apply when you use or purchase other MTW's services, which MTW will provide to you at the time of such use or purchase.