TERMS AND CONDITIONS

END-USER LICENSE AGREEMENT FOR “BRANDMATIC”. IMPORTANT PLEASE READ THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT CAREFULLY BEFORE CONTINUING WITH THIS PROGRAM. THE PHOTO BOOTH GUYS AUSTRALIA PTY LTD End-User License Agreement (“EULA”) is a legal agreement between You (either an individual or a single entity) and THE PHOTO BOOTH GUYS AUSTRALIA PTY LTD software product(s) which may include associated software components, media, printed materials, and “online” or electronic documentation (“SOFTWARE PRODUCT”). By installing, copying, or otherwise using the SOFTWARE PRODUCT, You agree to be bound by the terms of this EULA. This license agreement represents the entire agreement concerning the program between You and THE PHOTO BOOTH GUYS AUSTRALIA PTY LTD, (referred to as “Licensor”), and it supersedes any prior proposal, representation, or understanding between the parties. If You do not agree to the terms of this EULA, do not install or use the SOFTWARE PRODUCT.


The SOFTWARE PRODUCT is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The SOFTWARE PRODUCT is licensed, not sold, to You for use only under the terms of this license, unless a Product is accompanied by a separate license agreement, in which case the terms of that separate license agreement will govern, subject to Your prior acceptance of that separate license agreement. Licensor reserves all rights not expressly granted to You.

a. Scope of License: This license granted to You for the SOFTWARE PRODUCT by the Licensor is limited to a non-exclusive, and non-transferable license. You may not rent, lease, lend, sell, redistribute or sublicense the SOFTWARE PRODUCT. You may not copy (except as expressly permitted by this license and the Usage Rules), decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the SOFTWARE PRODUCT, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open sourced components included with the SOFTWARE PRODUCT). Any attempt to do so is a violation of the rights of the Licensor. If You breach this restriction, You may be subject to prosecution and damages. The terms of the license will govern any upgrades provided by the Licensor that replace and/or supplement the original SOFTWARE PRODUCT, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern.

b. Consent to Use of Data: You agree that the Licensor may collect and use technical data and related information, including but not limited to technical information about Your device, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services to You (if any) related to the SOFTWARE PRODUCT. The licensor may use this information, as long as it is in a form that does not personally identify You, to improve its products or to provide services or technologies to You.


c. Personally identifiable Data: In order to provide certain aspects of the SOFTWARE PRODUCT, we may be required to collect personally identifiable data, including, but not limited to: email address, images of the user. Users will be explicitly notified before providing such information. Users can request data to be deleted at anytime by contacting hello@photobooth.co

d. Technical Support: We provide Technical Support 7 days per week 9am - 11pm Australian Eastern Standard Time. Support may be contacted by emailing hello@photobooth.co or calling 1800 259 678

ii. Requirements Payment of a License Fee to THE PHOTO BOOTH GUYS AUSTRALIA PTY LTD, is required if the SOFTWARE PRODUCT is used for Commercial Purposes. The current amount of the License Fee and method of payment may be obtained by contacting THE PHOTO BOOTH GUYS AUSTRALIA PTY LTD. through one of the means listed below: Phone: +61 1800 259 678 Email: hello@photobooth.co Website: www.photobooth.co

e. You must pay a License Fee or else cease use of the SOFTWARE PRODUCT. You must pay all Fees by their due date. Failure to pay Fees by the due date will result in the immediate termination of the licenses granted under this EULA.

f. Termination. The license is effective until terminated by You or the Licensor. Without prejudice to any other rights and in addition to any other termination rights in this EULA, Your rights under this license will terminate automatically without notice from the Licensor if You fail to comply with any term(s) of this license. Immediately upon termination of the license, You at Your own cost shall cease all use of the SOFTWARE PRODUCT, and destroy all copies, full or partial, of the SOFTWARE PRODUCT.

g. Services; Third Party Materials. The SOFTWARE PRODUCT may enable access to the Licensor’s and third party services and web sites (collectively and individually, “Services”). Use of the Services may require Internet access and that You accept additional terms of service.

Certain Services may display, include or make available content, data, information, applications or materials from third parties (“Third Party Materials”) or provide links to certain third party web sites. By using the Services, You acknowledge and agree that the Licensor is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials or web sites. The Licensor does not warrant or endorse and does not assume and will not have any liability or responsibility to You or any other person for any third-party Services, Third Party Materials or web sites, or for any other materials, products, or services of third parties. Third Party Materials and links to other web sites are provided solely as a convenience to You.

You agree that any Services contain proprietary content, information and material that is protected by applicable intellectual property and other laws, including but not limited to copyright, and that You will not use such proprietary content, information or materials in any way whatsoever except for permitted use of the Services. No portion of the Services may be reproduced in any form or by any means. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Services, in any manner, and You shall not exploit the Services in any unauthorized way whatsoever, including but not limited to, by trespass or burdening network capacity. You further agree not to use the Services in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and that the Licensor is not in any way responsible for any such use by You, nor for any harassing, threatening, defamatory, offensive or illegal messages or transmissions that You may receive as a result of using any of the Services.

The Licensor makes no representation that such Services and Materials are appropriate or available for use in any particular location. To the extent You choose to access such Services or Materials, You do so at Your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws. The Licensor reserves the right to change, suspend, remove, or disable access to any Services at any time without notice. In no event will the Licensor be liable for the removal of or disabling of access to any such Services. The Licensor may also impose limits on the use of or access to certain Services, in any case and without notice or liability.

h. NO WARRANTY: YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE LICENSED APPLICATION IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LICENSED SOFTWARE PRODUCT AND ANY SERVICES PERFORMED OR PROVIDED BY THE LICENSED SOFTWARE PRODUCT (“SERVICES”) ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND LICENSOR HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE LICENSED SOFTWARE PRODUCT AND ANY SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. LICENSOR DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE LICENSED SOFTWARE PRODUCT, THAT THE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY, THE LICENSED SOFTWARE PRODUCT WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE LICENSED SOFTWARE PRODUCT OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE LICENSED SOFTWARE PRODUCT OR SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY LICENSOR OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE LICENSED SOFTWARE PRODUCT OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.

i. Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL LICENSOR BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE LICENSED SOFTWARE PRODUCT, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. LICENSOR SHALL HAVE NO LIABILITY WITH RESPECT TO THE CONTENT OF THE LICENSED SOFTWARE PRODUCT OR ANY PART THEREOF, INCLUDING BUT NOT LIMITED TO ERRORS OR OMISSIONS CONTAINED THEREIN, LIBEL, INFRINGEMENTS OF RIGHTS OF PUBLICITY, PRIVACY, TRADEMARK RIGHTS, BUSINESS INTERRUPTION, PERSONAL INJURY, LOSS OF PRIVACY, MORAL RIGHTS OR DISCLOSURE OF CONFIDENTIAL INFORMATION. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall Licensor’s total liability to You for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.

j. You may not use or otherwise export or re-export the licensed SOFTWARE PRODUCT except as authorized by United States law and the laws of the jurisdiction in which the licensed SOFTWARE PRODUCT was obtained. In particular, but without limitation, the licensed SOFTWARE PRODUCT may not be exported or re-exported (a) into any Australian embargoed countries or restricted list. By using the Licensed SOFTWARE PRODUCT, You represent and warrant that You are not located in any such country or on any such list. You also agree that You will not use these products for any purposes prohibited by Australian law, including, without limitation, the development, design, manufacture or production of nuclear missiles, or chemical or biological weapons.

k. The laws of the State of Queensland, Australia, excluding its conflicts of law rules, govern this license and Your use of the Licensed SOFTWARE PRODUCT. Your use of the Licensed SOFTWARE PRODUCT may also be subject to other local, state, national, or international laws.