Glass Sky Inc. End-User License Agreement for HANGMAN Plugin IMPORTANT - READ CAREFULLY: This End-User License Agreement (EULA) is a legal agreement between you (the purchaser) (Licensee) and Glass Sky Inc. to use the HANGMAN plugin. This EULA applies after the Licensee has purchased the plugin from Glass Sky Inc. or from oxwall store. The Licensee agrees to be bound by the terms of this EULA by purchasing, downloading, installing, copying or otherwise using the Plugin. If the Licensee does not agree to the terms of this EULA, you may not install, copy, download or otherwise use this Plugin. 1 Definitions 1.1 Glass Sky Inc. means limited liability company “Glass Sky Inc.” 1.2 Software means “HANGMAN game for oxwall script” 1.3 Release Date means a date associated with a specific version of Software by Glass Sky Inc. as the date of release of that version to general public. 1.4 Authorized User means a person who accesses and uses Software under a User License. 1.5 User License means a license granted under this EULA to the Licensee to permit an Authorized User to use Software. 1.6 Fees mean all fees and expenses payable by the Licensee to Glass Sky Inc. in purchasing the Software and as applicable any Maintenance or User Licenses. 1.7 Maintenance means provision by Glass Sky Inc. to Licensee of Software updates made generally available by Glass Sky Inc. from time to time. 1.8 Maintenance Expiration Date means the date of the last day Glass Sky Inc. provides Maintenance to Licensee. 2 Grant of License 2.1 Commercial License 2.1.1 Upon Licensee's acceptance of the EULA, Glass Sky Inc. grants the Licensee the perpetual right to use specific versions of the Software, subject to the User License Terms in section 2.2 and subject to the following: 2.1.1.1 Licensee may install any versions of Software on a single server. 2.1.1.2 Licensee must ensure the maximum number of Authorized Users accessing and using the Software concurrently is equal to the number of Users Licenses for which the necessary Fees have been paid to Glass Sky Inc.. The Licensee may purchase additional User Licenses at any time on payment of the appropriate Fees to Glass Sky Inc. . 2.1.1.3 Licensee must pay in full all applicable Fees to Glass Sky Inc. by their due date. Failure to pay Fees by the due date will result in the immediate termination of the License granted under this EULA. 2.2 General License Terms 2.2.1 Licensee may: 2.2.1.1 Allow Authorized Users use installed Software from an unlimited number of computers. 2.2.1.2 Make backup copies of Software. 2.2.2 Licensee must not, whether through negligent act or omission, or without the prior written consent of Glass Sky Inc. : 2.2.2.1 Sell, sublicense, redistribute, reproduce, transmit, circulate, disseminate, translate Software or reduce Software to or from any electronic medium or machine readable form; 2.2.2.2 Decompile, reverse engineer, disassemble, modify, adapt, create derivative works from, or otherwise attempt to derive, any portion of Software. 2.2.3 If License is locked to a specific server, Licensee must not install Software on a different server. 2.2.4 All rights granted to Licensee by this License are worldwide, non-exclusive, non-transferable, non-sublicensable and limited. 2.2.5 Except as otherwise agreed in writing by Glass Sky Inc. , the Licensee must only install the Software and make the Software available for use on servers, or websites owned, leased or controlled by the Licensee. 2.2.6 If Glass Sky Inc. permits the Licensee to install the Software or make the Software available for use on websites, servers not owned, leased or controlled by the Licensee (Uncontrolled Systems), the Licensee will ensure the terms of this EULA are complied with by users of such Uncontrolled Systems and the Licensee indemnifies Glass Sky Inc. for all costs, damages and loss Glass Sky Inc. suffers arising from such installation or use of the Software on Uncontrolled Systems. 3 Ownership and Reservation of Rights 3.1 Glass Sky Inc. reserves all rights not expressly granted to the Licensee in this EULA. 3.2 The Software and all copies thereof are protected by copyright and other intellectual property laws and treaties. 3.3 Glass Sky Inc. owns the title, copyright, and other intellectual property rights in the Software and all subsequent copies of the Software. 3.4 The Software is licensed, not sold and the Licensee does not acquire any rights of ownership in the Software. 4 Termination 4.1 This EULA between Glass Sky Inc. and the Licensee is terminated in the following cases: 4.1.1 Without prejudice to any other rights and in addition to any other termination rights in this EULA, Glass Sky Inc. may terminate this EULA if the Licensee fails to comply with the terms and conditions of this EULA. 4.1.2 The decommissioning of the Software (including, but not limited to, installing another version of the Software) by the Licensee will have, as a consequence, the termination of this EULA. 4.2 Immediately upon termination of a license granted under this EULA, the Licensee must at its own cost cease permitting access to and procure that all Authorized Users immediately cease all use of the Software, with the exception of using the Software to export data collected by the Software. 5 Upgrade 5.1 Every version of the Software is treated as an upgrade and comes under this End-User License Agreement. 6 Infringement Indemnification 6.1 Subject to the remainder of this Section 6, Glass Sky Inc. will indemnify and hold Licensee harmless against a claim to the extent based on an allegation that Licensee's use of Software (in the form provided by Glass Sky Inc. ) in compliance with this Agreement infringes a United States or European Union patent or registered copyright ("Claim"), and will pay those damages and costs finally awarded against Licensee by a court of competent jurisdiction, or agreed to in writing by Glass Sky Inc. as settlement, as a result of such Claim, provided that Glass Sky Inc. is (i) promptly notified and furnished a copy of such Claim, (ii) given all relevant evidence in Licensee’s possession, custody or control, and (iii) given reasonable assistance in and sole control of the defense thereof and all negotiations for its settlement. 6.2 Glass Sky Inc. will have no obligation to defend and no liability for any damages or costs to the extent that a Claim is based upon: (i) use of Software in a manner or for an application other than for which it was designed or intended to be used, regardless of whether Glass Sky Inc. was aware of or had been advised of such use; (ii) modifications to Software by any person or entity other than Glass Sky Inc. (including any modifications by the Licensee); or (iii) other circumstances or occurrences that are covered in Licensee's indemnification obligations in Section 6.5. 6.3 If the Software becomes, or in the opinion of Glass Sky Inc. may become, the subject of a claim of infringement of any third party’s intellectual property rights, Glass Sky Inc. may, at its option and in its discretion: (i) procure for Licensee the right to use the Software free of any liability; (ii) replace or modify the Software to make it non-infringing; or (iii) refund any License Fees related to this Software paid by Licensee. 6.4 The foregoing sections 6.1, 6.2, and 6.3 set forth the sole liability of Glass Sky Inc. and the exclusive remedy of Licensee for any infringement of intellectual property rights by the Software or any other items provided by Glass Sky Inc. under this EULA. 6.5 Licensee will indemnify and hold harmless Glass Sky Inc. against all costs, expenses, losses and claims made against Glass Sky Inc. as a result of any infringement of a third party’s intellectual property rights arising from (i) the Licensee’s or its Authorized User’s modification to the Software, or (ii) combination of the Software with other products by Licensee or any of its Authorized Users, other than those with commercially available software that the Software was designed by Glass Sky Inc. to work with or that was explicitly authorized by Glass Sky Inc. to be used with the Software, if such infringement would have been avoided in the absence of such combination. 6.6 The foregoing section 6.5 sets forth Licensee’s sole liability and exclusive remedies of Glass Sky Inc. for any infringement of 3rd party intellectual property rights under this EULA. 7 Exclusion of Warranties and Limitation of Liability 7.1 To the maximum extent permitted by applicable law in the jurisdiction in which the Software is supplied, Glass Sky Inc. and its third party suppliers provide the Software AS IS AND WITH ALL FAULTS, and except otherwise expressly contained in the EULA, hereby disclaim all other warranties and conditions, whether express, implied or statutory. 7.2 To the maximum extent permitted by applicable law, in no event shall Glass Sky Inc. or its third party suppliers be liable for any special, incidental, punitive, indirect, or consequential damages whatsoever arising out of or in any way related to the use of or inability to use the Software, the provision of or failure to provide any services, information, Software, and related content arising out of the use of the Software, or otherwise under or in connection with any provision of this EULA, even in the event of the fault, tort (including negligence), misrepresentation, strict liability, breach of contract or breach of warranty of Glass Sky Inc. or any third party supplier, and even if Glass Sky Inc. or any third party supplier has been advised of the possibility of such damages. 8 Marketing 8.1 Licensee agrees to be identified as a customer of Glass Sky Inc. and that Glass Sky Inc. may refer to Licensee by name, trade name and trademark in marketing materials and on Glass Sky Inc. web site. 8.2 The right reserved by Glass Sky Inc. in section 8.1 can be waived by Glass Sky Inc. upon request from the Licensee made prior to entering by parties into this Agreement. 9 Miscellaneous 9.1 This EULA may not be amended except with the written agreement of Glass Sky Inc. whose consent may be withheld in its complete discretion without any requirement to provide reasons. 9.2 Licensee may assign this EULA to: (i) succeeding parties in the case of a merger, acquisition or change of control; or (ii) if Licensee is a supplier to a government agency; provided, however, that in each case, (a) the assignee agrees to be bound by the terms and conditions contained in this EULA and (c) upon such assignment the Licensee makes no further use of the software licensed under this EULA. Glass Sky Inc. may assign its rights and obligation under this EULA without consent of Licensee. Any permitted assignee shall be bound by the terms and conditions of this Agreement. 10 Governing Law 10.1 This EULA shall be governed by and construed in accordance with the substantial laws in force in the United States. 11 Entire Agreement and Severability 11.1 This EULA is the entire agreement between the Licensee and Glass Sky Inc. relating to the Software and they supersede all prior or contemporaneous oral or written communications, proposals and representations with respect to the Software or any other subject matter covered by this EULA. 11.2 If any provision of this EULA is held to be void, invalid, unenforceable or illegal, the other provisions shall continue in full force and effect. 12 Survival 12.1 Clauses 2.2.2, 5, 4.1.2, 6.5, 6.6, 7, 8, 10 and 11 shall survive any termination of this EULA. -- Should you have any questions about this EULA, please contact Glass Sky Inc. : website: http://www.glasssky.zz.vc email: admin@glasssky.zz.vc email: cbabayjett@gmail.com EULA v.2.3