V1 PHOTO KIOSK BACKEND END USER LICENSE AGREEMENT (EULA) Last updated: January 25, 2025 This End-User License Agreement ("Agreement") is a legal agreement between you (the "Buyer") and the provider ("Licensor") of the Photo Kiosk Backend SaaS application (the "Product"), offered through AWS Marketplace. By subscribing to or using the Product, you agree to be bound by the terms of this Agreement and the applicable AWS Marketplace terms. 1. Grant of License Licensor hereby grants to Buyer, during the term of the subscription, a non-exclusive, worldwide, non-transferable, and limited license to access and use the Product solely for Buyer's internal business purposes in accordance with this Agreement, the Product listing, and applicable AWS Marketplace terms. This license includes the right to allow Buyer's authorized users to access and use the Product as part of Buyer's business operations. 2. Intellectual Property Rights All rights, title, and interest in and to the Product, including but not limited to its proprietary software, source code, algorithms, user interface, documentation, and any derivative works thereof, remain the exclusive property of Licensor. No intellectual property rights are transferred to Buyer under this Agreement. Buyer acknowledges that the Product contains proprietary and confidential information protected by intellectual property laws. 3. Data Rights and Privacy Buyer retains all ownership rights to data uploaded, stored, or generated through the Product ("Buyer Data"). Licensor shall process Buyer Data solely to provide the Product services and shall not use Buyer Data for any other purpose without Buyer's explicit written consent. Licensor will implement appropriate technical and organizational measures to ensure the security of Buyer Data and will comply with applicable data protection laws. Buyer is solely responsible for ensuring lawful collection and use of any personal data processed through the Product. 4. Use Restrictions Buyer shall not, and shall not permit any third party to: - Resell, sublicense, lease, or distribute the Product or any part thereof to third parties - Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Product - Modify, adapt, alter, or create derivative works based on the Product - Use the Product for any unlawful purpose or in violation of applicable laws and regulations - Access or use the Product to develop competing products or services - Remove, alter, or obscure any proprietary notices or labels on the Product 5. Support Services Licensor will provide reasonable support services as described in the AWS Marketplace Product listing. Support services may include documentation, email-based technical assistance, and periodic Product updates. Response times and availability may vary based on the support tier included with Buyer's subscription. 6. Customer Feedback Any feedback, suggestions, or improvement ideas provided by Buyer regarding the Product ("Feedback") may be used by Licensor without restriction, obligation, or compensation to Buyer. Buyer hereby grants Licensor a perpetual, irrevocable, worldwide, royalty-free license to use, modify, and incorporate such Feedback into the Product or other Licensor offerings. 7. Warranty Disclaimer THE PRODUCT IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND. LICENSOR EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, QUIET ENJOYMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. LICENSOR DOES NOT WARRANT THAT THE PRODUCT WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE. 8. Limitation of Liability TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL LICENSOR BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS OPPORTUNITIES, WHETHER ARISING UNDER CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. LICENSOR'S TOTAL LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL NOT EXCEED THE AMOUNTS PAID BY BUYER FOR THE PRODUCT DURING THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY. 9. Term and Termination This Agreement remains in effect for the duration of Buyer's active subscription to the Product. Either party may terminate this Agreement upon written notice if the other party materially breaches this Agreement and fails to cure such breach within thirty (30) days after receiving written notice thereof. Upon termination, Buyer's access to the Product will immediately cease, and Buyer shall promptly delete or destroy any downloaded materials or cached content related to the Product. 10. Compliance with Laws Both parties shall comply with all applicable federal, state, local, and international laws, regulations, and court orders in connection with their performance under this Agreement. Buyer shall not use the Product in any manner that violates export control laws or regulations. 11. Governing Law and Dispute Resolution This Agreement shall be governed by and construed in accordance with the laws of the jurisdiction where Licensor is incorporated, without regard to its conflict of laws principles. Any disputes arising under this Agreement shall be resolved through binding arbitration in accordance with the commercial arbitration rules of the applicable jurisdiction. 12. Modifications Licensor reserves the right to modify this Agreement at any time by posting an updated version with a new effective date. Buyer's continued use of the Product after such modifications constitutes acceptance of the revised terms. Material changes will be communicated to Buyer through the Product interface or via email notification. 13. Entire Agreement This Agreement, together with the AWS Marketplace terms of service and the Product listing, constitutes the entire agreement between the parties regarding the subject matter hereof and supersedes all prior and contemporaneous agreements, understandings, and communications, whether written or oral.