Break Speed End User License Agreement This End User License Agreement (“License”) is an agreement between you and Paul Nettle. This License governs your use of this software and all related documentation, and any updates or upgrades that replace or supplement the software, and that are not distributed with a separate license (collectively the “Software”). BY INSTALLING OR USING THE SOFTWARE, YOU ACCEPT THE TERMS OF THIS LICENSE. If you do not agree to the terms of this License, then do not install or use the Software. This License may be updated from time to time and the current version will be posted at http://www.MyBreakSpeed.com/eula.html. Your continued use of the Software, 30 days after a revised version of this License has been posted constitutes your acceptance of the revised terms. 1. License Grant/Commercial Use Request A. You are acquiring and Break Speed grants you a personal, non-exclusive, limited right and license to install one copy of the Software for your personal, non-commercial use on a single cellular telephone or a single computer. Your acquired rights are subject to your compliance with this License. No title or ownership in the Software is being transferred or assigned and this License is not a sale of any rights in the Software. All rights not expressly granted in this License are reserved by Paul Nettle. B. Any commercial use of the Software is prohibited without the prior, express written consent of Paul Nettle. In order to request permission to use the Software for any commercial purpose please contact Paul Nettle through support links provided by the website http://www.MyBreakSpeed.com/. Granting or denying permission to use the Software for any commercial purpose is at the sole discretion of Paul Nettle. 2. Intellectual Property Rights/License Restrictions A. Paul Nettle retains all right, title, and interest in the Software including, but not limited to, all copyrights, trademarks, trade secrets, trade names, proprietary rights, patents, titles, computer codes, algorithms, audiovisual effects, themes, sound effects, musical works, images, photographs, graphics, animations, video, text, moral rights and all other intellectual property rights. The Software is protected by United States copyright and trademark law and applicable laws and treaties throughout the world. B. Your right to use the Software is limited to the license grant in Section 1 above and you may not: (a) otherwise display, perform, publish, or use the Software; (b) sell, sub-license, rent, lease or otherwise transfer or assign the Software or any rights to use the Software; (c) copy, or reproduce the Software, in any manner or medium, in whole or in part, without prior written consent from Paul Nettle; (d) decompile, disassemble, reverse engineer the Software or prepare derivate works based on the Software or otherwise modify the Software, in whole or in part, by any means whatsoever; (e) attempt to circumvent any security or technical protection measures used in connection with the Software; or (e) remove, alter, or obscure any proprietary notices, marks or labels contained on or within the Software. 3. User Created Content The Software may allow you to create content, including, but not limited to a screenshot of your pool break speed. In exchange for use of the Software, and to the extent that your contributions through use of the Software give rise to any copyright interest, you hereby grant Paul Nettle an exclusive, perpetual, irrevocable, fully transferable and sub-licensable worldwide right and license to use your contributions in any way and for any purpose in connection with the Software and related goods and services, including the rights to reproduce, copy, adapt, modify, perform, display, publish, broadcast, transmit, or otherwise communicate to the public by any means whether now known or unknown and distribute your contributions without any further notice or compensation to you of any kind for the whole duration of protection granted to intellectual property rights by applicable laws and international conventions. You hereby waive any moral rights of paternity, publication, reputation, or attribution with respect to Paul Nettle’s and other users use and enjoyment of these assets in connection with the Software and related goods and services under applicable law. This license grant to Paul Nettle, and the above waiver of any applicable moral rights, survives any termination of this License. 4. Consent to Use of Data To facilitate technical protection measures and the provision of updates, product support and other services to you, you agree that Paul Nettle and his affiliates may collect, use, store and transmit technical and related information that identifies your cellular telephone, computer (including an Internet Protocol Address and hardware identification), operating system and application software and peripheral hardware. Paul Nettle and his affiliates may also use this information in the aggregate, in a form which does not personally identify you, to improve our products and services and we may share anonymous aggregate data with our third party service providers. 5. Consent to Public Display of Data Paul Nettle and his affiliates may also collect, use, store, transmit and publicly display statistical data regarding pool break speeds (including, but not limited to, speeds, rankings, and achievements), or identify content that is created and shared by you with other players. The information collected by Paul Nettle may be posted on publicly-accessible websites, shared with marketing partners or used by Paul Nettle for any other lawful purpose. By using this Software you consent to Paul Nettle’s use of this data, including public display. If you do not want your information shared in this manner, then you should not use the Software. 6. Term and Termination The term of your License commences on the date you install or otherwise use the Software and ends on the earlier date of either your disposal of the Software; or Paul Nettle’s termination of this License. Your rights under this License will terminate immediately and automatically without any notice from Paul Nettle if you: (a) fail to comply with any of the terms and conditions of this License; or (b) violate any of the License restrictions Promptly upon termination, you must cease all use of the Software and destroy all copies of the Software in your possession or control. Termination will not limit any of Paul Nettle’s other rights or remedies at law or in equity. Sections 7 - 9 of this License will survive termination or expiration of this License for any reason. 7. Disclaimer of Warranties TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE SOFTWARE IS PROVIDED TO YOU “AS IS,” WITH ALL FAULTS, WITHOUT WARRANTY OF ANY KIND, AND YOUR USE IS AT YOUR SOLE RISK. THE ENTIRE RISK OF SATISFACTORY QUALITY AND PERFORMANCE RESIDES WITH YOU. PAUL NETTLE DOES NOT MAKE, AND HEREBY DISCLAIMS, ANY AND ALL EXPRESS, IMPLIED OR STATUTORY WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, NONINFRINGEMENT OF THIRD PARTY RIGHTS, AND WARRANTIES (IF ANY) ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. PAUL NETTLE DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SOFTWARE; THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS; THAT OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THE SOFWARE WILL BE COMPATIBLE WITH THIRD PARTY SOFTWARE OR THAT ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. NO ORAL OR WRITTEN ADVICE PROVIDED BY PAUL NETTLE WILL CREATE A WARRANTY. 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. 8. Limitation of Liability TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, IN NO EVENT WILL PAUL NETTLE BE LIABLE TO YOU FOR ANY PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, OR ANY FORM OF INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES FROM ANY CAUSES OF ACTION ARISING OUT OF OR RELATED TO THIS LICENSE OR THE SOFTWARE, WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE), CONTRACT, STRICT LIABILITY OR OTHERWISE, WHETHER OR NOT PAUL NETTLE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. SOME JURISDICTIONS DO NOT ALLOW A LIMITATION OF LIABILITY FOR DEATH, PERSONAL INJURY, FRAUDULENT MISREPRESENTATIONS OR CERTAIN INTENTIONAL OR NEGLIGENT ACTS, OR VIOLATION OF SPECIFIC STATUTES, OR THE LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU. In addition, in no event will Paul Nettle’s total liability to you for all damages (except as required by applicable law) exceed the amount actually paid by you for the Software. 9. Disclaimer of Warranties/Limitation of Liability - Material Terms of License The provisions in this License that disclaim warranties and limit liability are essential terms of this License. 10. Severability If any provision of this License is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of this License will continue in full force and effect. 11. U.S. Government End Users If you are a government end user, then this provision applies to you. The Software provided in connection with this License has been developed entirely at private expense, as defined in FAR section 2.101, DFARS section 252.227-7014(a)(1) and DFARS section 252.227-7015 (or any equivalent or subsequent agency regulation thereof), and is provided as “commercial items,” “commercial computer software” and/or “commercial computer software documentation.” Consistent with DFARS section 227.7202 and FAR section 12.212, and to the extent required under U.S. federal law, the minimum restricted rights as set forth in FAR section 52.227-19 (or any equivalent or subsequent agency regulation thereof), any use, modification, reproduction, release, performance, display, disclosure or distribution thereof by or for the U.S. Government will be governed solely by this License and will be prohibited except to the extent expressly permitted by this License. 12. Injunctive Relief You agree that a breach of this License may cause irreparable injury to Paul Nettle for which monetary damages would not be an adequate remedy and Paul Nettle is entitled to seek equitable relief in addition to any remedies it may have hereunder or at law. 13. Governing Law This License will be governed by and construed (without regard to conflicts or choice of law principles) under the laws of the State of Texas as applied to agreements entered into and to be performed entirely in Texas. Unless expressly waived by Paul Nettle in writing for the particular instance or contrary to local law, the sole and exclusive jurisdiction and venue for actions related to the subject matter hereof will be the Texas state and federal courts located in Dallas County, Texas. Both parties consent to the jurisdiction of these courts. The parties agree that the UN Convention on Contracts for the International Sale of Goods (Vienna, 1980) does not apply to this License or to any dispute or transaction arising out of this License. 14. Export You agree to abide by U.S. and other applicable export control laws and agree not to transport, export or re-export (directly or indirectly) the Software into any country forbidden to receive the Software by any U.S. export laws or accompanying regulations or otherwise violate these laws or regulations, that may be amended from time to time. 15. Entire Agreement This License constitutes the entire agreement between you and Paul Nettle with respect to the Software and supersedes all prior or contemporaneous understandings regarding the subject matter of this License. No amendment to or modification of this License will be binding on Paul Nettle unless made in writing and signed by Paul Nettle. No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder will operate as a waiver thereof, nor will any single or partial exercise of any right or power under this License preclude further exercise of any other right under this License. In the event of a conflict between this License and any applicable purchase or other terms, the terms of this License will govern.