License Agreement PLEASE READ THIS LICENSE CAREFULLY BEFORE YOU USE THE SOFTWARE. BY USING THE SOFTWARE, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, RETURN THE SOFTWARE TO THE PLACE WHERE YOU PURCHASED IT FOR A REFUND. 1. Grant of License. Web Photos Pro ("Licensor") grants to you ("Licensee") a nonexclusive, nontransferable license (a) to use, display, and copy in object code form only, the computer programs sold by Licensor and the related documentation materials (the “Software"). Licensor’s grant to Licensee is subject to the terms and conditions of this License Agreement (the “License"). Licensor reserves all rights not expressly granted by this License. The Software is the property of Licensor and no title to or ownership in the Software is hereby transferred from Licensor to Licensee. 2. Use and Transfer. This License is personal to the Licensee. Licensee may use, display, and copy the Software only as expressly authorized herein. Licensee may (a) use the Software and (b) make one copy of the Software for archival purposes. Licensee may not, without the express written consent of Licensor: (a) use the Software on more than one computer at a time, (b) distribute, rent, lease, or loan any copies of the Software to any third party or over a network, © modify the Software in any way or prepare any derivative work(s) of the Software, (d) attempt to decompile, disassemble, or reverse engineer the Software, or (e) grant any sublicense of or concerning the Software to any third party. 3. Copy Restrictions. The Software is copyrighted. Licensee represents and warrants that it shall not remove, delete, or in any way alter or modify Licensor’s copyright notice(s) contained in the Software. 4. Licensee’s Representations and Warranties. Licensee shall defend at its sole expense, and shall indemnify Licensor against, any claim filed against Licensor or damages suffered by Licensor to the extent that such claim or damages is based upon (a) use of the Software in combination with computer programs and/or equipment not provided by Licensor or (b) a breach of any representation and warranty made by Licensee pursuant to this License provided that Licensor notified Licensee in writing of such claim within (10) days of learning of such claim. Licensee shall have the exclusive right to control the defense of any such claim and Licensor shall cooperate fully in Licensee’s defense of such claim. In no event shall Licensor litigate or settle any such claim without Licensee’s prior written approval. 5. Limited Warranty on Media. If the Software was delivered on a diskette or CD-ROM, then Licensor warrants the disks on which the Software is recorded to be free from defects in materials and workmanship under normal use for a period of one (1) year from the receipt by Licensee as evidenced by a copy of the signed purchase order. Licensor shall replace any defective disks, at no charge to Licensee, provided Licensee returns the faulty disks, postage prepaid, together with the purchase order to Licensor. This replacement service is Licensor’s sole liability and Licensee’s exclusive remedy with respect to this limited warranty. 6. DISCLAIMER OF WARRANTIES. THE SOFTWARE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. LICENSOR DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE SHALL MEET LICENSEE’S REQUIREMENTS OR THAT THE OPERATION OF THE SOFTWARE SHALL BE UNINTERRUPTED OR ERROR FREE. 7. Limitation of Liability. IN NO EVENT SHALL LICENSOR BE LIABLE TO LICENSEE OR ANY OTHER PERSON OR ENTITY FOR ANY LOST PROFITS, LOST SAVINGS, LOST DATA, OR ANY OTHER INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES, ARISING OUT OF THE PURCHASE, USE, INABILITY TO USE, OR OPERATION OF THE SOFTWARE, WHETHER IN CONTRACT OR TORT, EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL LICENSOR’S TOTAL LIABILITY TO YOU EXCEED THE PURCHASE PRICE OF THE SOFTWARE. 8. Termination. This License shall commence on the date the Software is received by Licensee and shall remain in effect unless terminated pursuant to this Section 8. (a) Either party may terminate this License upon thirty (30) days’ prior written notice in the event of material breach by the other party so long as such material breach has not been cured during the thirty (30) day notice period. If the material breach is uncured at the end of said notice period, this License shall be terminated and the party not in material breach may pursue any and all rights and remedies that it has under this License or otherwise. (b) Licensor may terminate this License for failure of Licensee to pay for the Software within thirty (30) days of receipt by Licensee. Licensee agrees that upon termination of this License, Licensee shall return all copies of any portion of the Software in his possession or in the possession of others having rightfully received same from Licensee and shall provide written certification to Licensor that it has not retained any copy of any portion of the Software. 9. Miscellaneous. (a) Governing Law. This License shall be governed by and enforced in accordance with the laws of the State of California. (b) Severability. If any provision of this License is determined to be illegal or unenforceable, it shall be stricken from this Agreement, and all other provisions shall remain in full force and effect. © Integration. This License is the complete and exclusive expression of the understanding between Licensor and Licensee relating to the subject matter of this License. It supersedes any and all prior and contemporaneous, oral and written, communications relating to the subject matter of this License. (d) Assignability. Neither party shall assign, transfer, or sell any of its rights pursuant to this License, or delegate any of its duties pursuant to this License, without the express prior written consent of the other, except Licensor may assign this License to a purchaser or all or substantially all the assets or equity of Licensor. Any attempted assignment, transfer, sale, or delegation in derogation of this Section shall be void. This License shall be binding upon, and inure to the benefit of, successors in interest to, and permitted assigns of, both parties. (e) Waiver. The failure of either party to require performance of any provision of this License shall not be construed as a waiver of its rights to insist on performance of that same provision, or any other provision, at some other time. No right or breach may be waived except in writing signed by both parties. The waiver by either party of any right created by this License in one or more instances shall not be construed as a further continuing waiver of such right or any other right created by this License. (f) Modification. This License may not be modified or amended except by a written document signed by both parties. (g) Dispute Resolution. Any dispute arising out of or relating to this License shall be finally settled by binding arbitration in Marin County, California, under the Rules of the American Arbitration Association, by a panel of 3 arbitrators reasonably familiar with the technology and business covered by this License, appointed in accordance with said Rules. The arbitrators shall apply California law to the merits of any dispute or claim. The decision of the arbitrators shall be final and binding upon the parties, shall not be subject to appeal, and shall address the issues of costs of the arbitration and all matters relating to such arbitration. Judgment on the award entered by the arbitrators may be entered in any court having jurisdiction thereof and neither party shall sue the other party except for enforcement of the arbitrators’ decision. (h) Notices. All notices provided pursuant to this License shall be delivered by personal delivery, overnight courier, facsimile, or electronic mail and shall be deemed effective on the date on which delivery to the intended recipient of the notice was accomplished.

WEB PHOTOS PRO SERVER EDITION SOFTWARE STANDARD NON-COMMERCIAL, NON-PROFIT AND EDUCATIONAL USE LICENSE PLEASE READ THIS LICENSE CAREFULLY BEFORE YOU USE THE SOFTWARE. BY USING THE SOFTWARE, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, RETURN THE SOFTWARE TO THE PLACE WHERE YOU PURCHASED IT FOR A REFUND. This End User License Agreement (the “Agreement") is a binding legal agreement between you, an individual person, a non-profit, or an educational institution or entity, and Web Photos Pro ("Web Photos Pro"). By selecting “I Accept” when downloading, or by installing or using the Web Photos Pro Server Edition Software (the “Software"), you agree to be bound by the terms of this Agreement. If you do not agree to the Agreement, do not download, install, or use the Software. You agree that installation or use of the Software signifies that you have read, understood, and agreed to be bound by the Agreement. HOW YOU CAN USE WEB PHOTOS PRO SERVER EDITION. You have, subject to the terms and conditions of this Agreement, a non-exclusive, non-transferable non-commercial license to use the Software for Non-Commercial Purposes. Your use of the Software is limited to a fixed number of Servers and Domains, as defined below and enumerated in Exhibits A, B, and C of this Agreement. “Non-Commercial Purposes” means use of the Software by an individual, non-profit, or educational institution or entity, for publishing that does not directly or indirectly support any commercial efforts. Use of the Software for any purpose by any entity, including but not limited to any commercial entity, corporation, governmental body or group, is not permitted under this Agreement. Affiliate or associate fees that are earned by a personal, non-profit, or educational blog site and are payable to a single individual, single non-profit, or single educational institution, and that are earned through activities incidental to the main purpose of the site are permitted under the Non-Commercial Purposes of this Agreement. Web Photos Pro reserves the right to determine whether your use is for a Non-Commercial Purpose as defined in this Agreement. Web Photos Pro owns all rights, title and interest in and to the Software, including all intellectual property rights, and reserves all rights to the Software not expressly granted in this Agreement. PLEASE SHOW SOME CREDIT. We ask that you maintain, on every site generated by the Software, an operable link to http://www.webphotospro.com/madewith/, with the link text “Powered by Web Photos Pro", though the presence of the credit link on pages generated by a paid licensed copy of Web Photos Pro Server Edition is optional. MAKING COPIES. You may make as many copies of the Software as you need in any machine readable form solely for back-up purposes, provided that you reproduce the Software in its original form and with all proprietary notices on the back-up copy. All rights to the Software not expressly granted herein are reserved by Web Photos Pro. GETTING HELP. You may find the user forum and the online documentation helpful in answering questions regarding the use of the Software. You may also be eligible for technical support services as enumerated in your copy of the Software. RESTRICTIONS. You understand and agree that you shall only use the Software in a manner that complies with any and all applicable laws in the jurisdictions in which you use the Software. Your use shall be in accordance with applicable restrictions concerning privacy and intellectual property rights. You may not: * Distribute derivative works based on the Software (the distribution of plug-ins and other add-ons to the product written using APIs and other programmatic interfaces published by Web Photos Pro are allowed); * Reproduce the Software except as described in this Agreement; * Sell, assign, license, disclose, distribute, or otherwise transfer or make available the Software, in whole or in part, in any form to any third parties; * Use the Software to provide hosting services to others or to provide any type of service bureau service; * Use the Software for any commercial purposes; or * Remove or alter any proprietary or copyright notices on the Software. FEES AND PAYMENT. You will pay Web Photos Pro the Standard Non-Commercial Use License Fee set forth on Web Photos Pro’s then-current price list for use of the Software. The credit card that you provide as part of the registration process will be automatically and immediately billed. All currency references are in U.S. dollars. For certain licenses you may also be required to pay an annual maintenance fee to maintain your access to support, updates and upgrades. Maintenance fees, if any, are enumerated in Exhibits A, B, and C of this Agreement. PERSONAL INFORMATION AND PRIVACY. We may ask you to provide certain information about yourself during the Software downloading process. All personal information that you provide to us will be governed by the Privacy Policy, which is available at http://www.webphotospro.com/privacy/. By choosing to use the Software, you indicate your understanding and acceptance of the Privacy Policy. NO WARRANTY. THE SOFTWARE IS OFFERED ON AN “AS-IS” BASIS AND NO WARRANTY, EITHER EXPRESSED OR IMPLIED, IS GIVEN. WEB PHOTOS PRO EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. YOU ASSUME ALL RISK ASSOCIATED WITH THE QUALITY, PERFORMANCE, INSTALLATION AND USE OF THE SOFTWARE INCLUDING, BUT NOT LIMITED TO, THE RISKS OF PROGRAM ERRORS, DAMAGE TO EQUIPMENT, LOSS OF DATA OR SOFTWARE PROGRAMS, OR UNAVAILABILITY OR INTERRUPTION OF OPERATIONS. YOU ARE SOLELY RESPONSIBLE FOR DETERMINING THE APPROPRIATENESS OF USE THE SOFTWARE AND ASSUME ALL RISKS ASSOCIATED WITH ITS USE. TERM, TERMINATION, AND MODIFICATION. You may use the Software under this Agreement until either party terminates this Agreement as set forth in this paragraph. Either party may terminate the Agreement at any time, upon written notice to the other party. Upon termination, all licenses granted to you will terminate, and you will immediately uninstall and cease all use of the Software. The Sections entitled “Title,” “No Warranty,” “Indemnification,” “Limitation of Liability,” and “General” will survive any termination of this Agreement. Web Photos Pro may modify the Software and this Agreement with notice to you either in email or by publishing content on the Web Photos Pro Website, including but not limited to charging fees for the Software, changing the functionality or appearance of the Software, and such modification will become binding on you unless you terminate this Agreement. INDEMNIFICATION. By accepting the Agreement, you agree to indemnify and otherwise hold harmless Web Photos Pro, its officers, employers, agents, subsidiaries, affiliates and other partners from any direct, indirect, incidental, special, consequential or exemplary damages arising out of, relating to, or resulting from your use of the Software or any other matter relating to the Software. LIMITATION OF LIABILITY YOU EXPRESSLY UNDERSTAND AND AGREE THAT WEB PHOTOS PRO SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WEB PHOTOS PRO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT WILL WEB PHOTOS PRO’S TOTAL CUMULATIVE DAMAGES EXCEED THE FEES YOU PAID TO WEB PHOTOS PRO UNDER THIS AGREEMENT IN THE MOST RECENT TWELVE-MONTH PERIOD. GENERAL. The Agreement between you and Web Photos Pro will be governed by and construed in accordance with the laws of the State of California without regard to conflict of laws principles. The Agreement constitutes the entire agreement between you and Web Photos Pro and governs your use of the Software, superseding any prior agreements between you and Web Photos Pro. If any provision of this Agreement is held by a court of competent jurisdiction to be contrary to law, such provision will be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law and the remaining provisions of this Agreement will remain in full force and effect. The Software is a “commercial item” as that term is defined at 48 C.F.R. 2.101, consisting of “commercial computer software” and “commercial computer software documentation” as such terms are used in 48 C.F.R. 12.212. Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4, all U.S. Government end users acquire the Software with only those rights set forth therein. The parties acknowledge that the manufacture and sale of the Software is subject to the export control laws of the United States of America, including the U.S. Bureau of Export Administration regulations, as amended, and hereby agree to obey any and all such laws. You may not assign this Agreement, and any assignment of this Agreement by you will be null and void. Web Photos Pro, the Web Photos Pro logo, and other Web Photos Pro logos and names are trademarks of Web Photos Pro. You agree not to display or use these trademarks in any manner without Web Photos Pro’s prior, written permission. The section titles and numbering of this Agreement are displayed for convenience and have no legal effect. EXHIBIT A ========= Single Server - Single Domain Term: Perpetual Number of Servers: 1 Number of Domains: 1 Number of Albums: Unlimited Support Level: free support through help ticket system Updates and Upgrades: free Updates and discounts on Upgrades Maintenance Fee: None EXHIBIT B ========= Single Server - Unlimited Domains Term: Perpetual Number of Servers: 1 Number of Domains: Unlimited Number of Albums: Unlimited Support Level: free support through help ticket system Updates and Upgrades: free Updates and discounts on Upgrades Maintenance Fee: None EXHIBIT C ========= Unlimited Servers - Unlimited Domains Term: Perpetual Number of Servers: Unlimited Number of Domains: Unlimited Number of Albums: Unlimited Support Level: free support through help ticket system Updates and Upgrades: free Updates and discounts on Upgrades Maintenance Fee: None DEFINITIONS =========== DEFINITION OF NON-COMMERCIAL PURPOSES “Non-Commercial Purposes” means use of the Software by an individual, non-profit, or educational institution or entity, for publishing that does not directly or indirectly support any commercial efforts. Use of the Software for any purpose by any entity, including but not limited to any commercial entity, corporation, governmental body or group, is not permitted under this Agreement. Affiliate or associate fees that are earned by a personal, non-profit, or educational blog site and are payable to a single individual, single non-profit, or single educational institution, and that are earned through activities incidental to the main purpose of the site are permitted under the Non-Commercial Purposes of this Agreement. DEFINITION OF SERVER “Server” means a single computer with Web Photos Pro Server Edition installed. DEFINITION OF DOMAIN “Domain” means a top level domain name such as webphotospro.com, including any aliases to that top level domain if the aliases are directed to the same Server and Website. For example, if the URL (Uniform Resource Locator) www.webphotospro.com directs the user to a separate computer, or a separate Website on the same computer, as the URL webphotospro.com, then www.webphotospro.com and webphotospro.com are considered to be two separate Domains for the purpose of this Agreement. DEFINITION OF WEBSITE “Website” means a collection of web pages that are viewable at a URL (Uniform Resource Locator). DEFINITION OF AN UPDATE An “Update” of the product is defined as that which adds minor functionality enhancements or any bug fix to the current version. This class of release is identified by the change of the revision to the right of the decimal point, i.e. X.1 to X.2. The assignment to the category of Update or Upgrade shall be at the sole discretion of Web Photos Pro. DEFINITION OF AN UPGRADE An “Upgrade” is a major release of the product and is defined as that which incorporates a major new features or enhancement that increase the core functionality of the software. This class of release is identified by the change of the revision to the left of the decimal point, i.e. 1.X to 2.X. The assignment to the category of Update or Upgrade shall be at the sole discretion of Web Photos Pro.

WEB PHOTOS PRO SERVER EDITION SOFTWARE COMMERCIAL USE LICENSE PLEASE READ THIS LICENSE CAREFULLY BEFORE YOU USE THE SOFTWARE. BY USING THE SOFTWARE, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, RETURN THE SOFTWARE TO THE PLACE WHERE YOU PURCHASED IT FOR A REFUND. This End User License Agreement (the “Agreement") is a binding legal agreement between the person or organization that registers to download the Web Photos Pro Server Edition software ("you") and Web Photos Pro ("Web Photos Pro"). By selecting “I Accept” when downloading, or by installing or using the Web Photos Pro Server Edition Software (the “Software"), you agree to be bound by the terms of this Agreement. If you do not agree to the Agreement, do not download, install, or use the Software. You agree that installation or use of the Software signifies that you have read, understood, and agreed to be bound by the Agreement. HOW YOU CAN USE WEB PHOTOS PRO SERVER EDITION. You have, subject to the terms and conditions of this Agreement, a non-exclusive, non-transferable license to use the Software for your business purposes. For clarification purposes, use of the Software by an incorporated entity, a partnership, by an individual to directly or indirectly support any commercial endeavor, or by a governmental body or group, is considered a “business purpose” for the purpose of this Agreement. Web Photos Pro reserves the right to determine whether your use of the Software qualifies under this Agreement. Web Photos Pro owns all rights, title and interest to the Software (including all intellectual property rights) and reserves all rights to the Software that are not expressly granted in this Agreement. Your use of the Software is limited to a fixed number of Servers and Domains, as defined below and enumerated in Exhibits A, B and C of this Agreement. PLEASE SHOW SOME CREDIT. We ask that you maintain, on every site generated by the Software, an operable link to http://www.webphotospro.com/madewith/, with the link text “Powered by Web Photos Pro", though the presence of the credit link on pages generated by a paid licensed copy of Web Photos Pro Server Edition is optional. MAKING COPIES. You may make as many copies of the Software as you need in any machine readable form solely for back-up purposes, provided that you reproduce the Software in its original form and with all proprietary notices on the back-up copy. All rights to the Software not expressly granted herein are reserved by Web Photos Pro. GETTING HELP. You may find the user forum and the online documentation helpful in answering questions regarding the use of the Software. You may also be eligible for technical support services as enumerated in your copy of the Software. RESTRICTIONS. You understand and agree that you shall only use the Software in a manner that complies with any and all applicable laws in the jurisdictions in which you use the Software. Your use shall be in accordance with applicable restrictions concerning privacy and intellectual property rights. You may not: * Distribute derivative works based on the Software (the distribution of plug-ins and other add-ons to the product written using APIs and other programmatic interfaces published by Web Photos Pro are allowed); * Reproduce the Software except as described in this Agreement; * Sell, assign, license, disclose, distribute, or otherwise transfer or make available the Software, in whole or in part, in any form to any third parties; * Remove or alter any proprietary or copyright notices on the Software. FEES AND PAYMENT. You will pay Web Photos Pro the Standard Commercial Use License Fee set forth on Web Photos Pro’s then-current price list for use of the Software. The credit card that you provide as part of the registration process will be automatically and immediately billed. All currency references are in U.S. dollars. For certain licenses you may also be required to pay an annual maintenance fee to maintain your access to support, updates and upgrades. Maintenance fees, if any, are enumerated in Exhibits A, B and C of this Agreement. PERSONAL INFORMATION AND PRIVACY. We may ask you to provide certain information about yourself during the Software downloading process. All personal information that you provide to us will be governed by the Privacy Policy, which is available at http://www.webphotospro.com/privacy/. By choosing to use the Software, you indicate your understanding and acceptance of the Privacy Policy. NO WARRANTY. THE SOFTWARE IS OFFERED ON AN “AS-IS” BASIS AND NO WARRANTY, EITHER EXPRESSED OR IMPLIED, IS GIVEN. WEB PHOTOS PRO EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. YOU ASSUME ALL RISK ASSOCIATED WITH THE QUALITY, PERFORMANCE, INSTALLATION AND USE OF THE SOFTWARE INCLUDING, BUT NOT LIMITED TO, THE RISKS OF PROGRAM ERRORS, DAMAGE TO EQUIPMENT, LOSS OF DATA OR SOFTWARE PROGRAMS, OR UNAVAILABILITY OR INTERRUPTION OF OPERATIONS. YOU ARE SOLELY RESPONSIBLE FOR DETERMINING THE APPROPRIATENESS OF USE THE SOFTWARE AND ASSUME ALL RISKS ASSOCIATED WITH ITS USE. TERM, TERMINATION, AND MODIFICATION. You may use the Software under this Agreement until either party terminates this Agreement as set forth in this paragraph. Either party may terminate the Agreement at any time, upon written notice to the other party. Upon termination, all licenses granted to you will terminate, and you will immediately uninstall and cease all use of the Software. The Sections entitled “Title,” “No Warranty,” “Indemnification,” “Limitation of Liability,” and “General” will survive any termination of this Agreement. Web Photos Pro may modify the Software and this Agreement with notice to you either in email or by publishing content on the Web Photos Pro Website, including but not limited to charging fees for the Software, changing the functionality or appearance of the Software, and such modification will become binding on you unless you terminate this Agreement. INDEMNIFICATION. By accepting the Agreement, you agree to indemnify and otherwise hold harmless Web Photos Pro, its officers, employers, agents, subsidiaries, affiliates and other partners from any direct, indirect, incidental, special, consequential or exemplary damages arising out of, relating to, or resulting from your use of the Software or any other matter relating to the Software. LIMITATION OF LIABILITY YOU EXPRESSLY UNDERSTAND AND AGREE THAT WEB PHOTOS PRO SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WEB PHOTOS PRO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT WILL WEB PHOTOS PRO’S TOTAL CUMULATIVE DAMAGES EXCEED THE FEES YOU PAID TO WEB PHOTOS PRO UNDER THIS AGREEMENT IN THE MOST RECENT TWELVE-MONTH PERIOD. GENERAL. The Agreement between you and Web Photos Pro will be governed by and construed in accordance with the laws of the State of California without regard to conflict of laws principles. The Agreement constitutes the entire agreement between you and Web Photos Pro and governs your use of the Software, superseding any prior agreements between you and Web Photos Pro. If any provision of this Agreement is held by a court of competent jurisdiction to be contrary to law, such provision will be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law and the remaining provisions of this Agreement will remain in full force and effect. The Software is a “commercial item” as that term is defined at 48 C.F.R. 2.101, consisting of “commercial computer software” and “commercial computer software documentation” as such terms are used in 48 C.F.R. 12.212. Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4, all U.S. Government end users acquire the Software with only those rights set forth therein. The parties acknowledge that the manufacture and sale of the Software is subject to the export control laws of the United States of America, including the U.S. Bureau of Export Administration regulations, as amended, and hereby agree to obey any and all such laws. You may not assign this Agreement, and any assignment of this Agreement by you will be null and void. Web Photos Pro, the Web Photos Pro logo, and other Web Photos Pro logos and names are trademarks of Web Photos Pro. You agree not to display or use these trademarks in any manner without Web Photos Pro’s prior, written permission. The section titles and numbering of this Agreement are displayed for convenience and have no legal effect. EXHIBIT A ========= Single Server - Single Domain Term: Perpetual Number of Servers: 1 Number of Domains: 1 Number of Albums: Unlimited Support Level: free support through help ticket system Updates and Upgrades: free Updates and discounts on Upgrades Maintenance Fee: None EXHIBIT B ========= Single Server - Unlimited Domains Term: Perpetual Number of Servers: 1 Number of Domains: Unlimited Number of Albums: Unlimited Support Level: free support through help ticket system Updates and Upgrades: free Updates and discounts on Upgrades Maintenance Fee: None EXHIBIT C ========= Unlimited Servers - Unlimited Domains Term: Perpetual Number of Servers: Unlimited Number of Domains: Unlimited Number of Albums: Unlimited Support Level: free support through help ticket system Updates and Upgrades: free Updates and discounts on Upgrades Maintenance Fee: None DEFINITIONS =========== DEFINITION OF SERVER “Server” means a single computer with Web Photos Pro Server Edition installed. DEFINITION OF DOMAIN “Domain” means a top level domain name such as webphotospro.com, including any aliases to that top level domain if the aliases are directed to the same Server and Website. For example, if the URL (Uniform Resource Locator) www.webphotospro.com directs the user to a separate computer, or a separate Website on the same computer, as the URL webphotospro.com, then www.webphotospro.com and webphotospro.com are considered to be two separate Domains for the purpose of this Agreement. DEFINITION OF WEBSITE “Website” means a collection of web pages that are viewable at a URL (Uniform Resource Locator). DEFINITION OF AN UPDATE An “Update” of the product is defined as that which adds minor functionality enhancements or any bug fix to the current version. This class of release is identified by the change of the revision to the right of the decimal point, i.e. X.1 to X.2. The assignment to the category of Update or Upgrade shall be at the sole discretion of Web Photos Pro. DEFINITION OF AN UPGRADE An “Upgrade” is a major release of the product and is defined as that which incorporates a major new features or enhancement that increase the core functionality of the software. This class of release is identified by the change of the revision to the left of the decimal point, i.e. 1.X to 2.X. The assignment to the category of Update or Upgrade shall be at the sole discretion of Web Photos Pro.