WINDOWS8TEMPLATES END USER LICENSE AGREEMENT VERSION 1.0 - April 2012 END-USER LICENSE AGREEMENT FOR WINDOWS8TEMPLATES IMPORTANT PLEASE READ THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT CAREFULLY BEFORE CONTINUING WITH THIS USE OF THIS PRODUCT: Blue Label Solutions LLC's End-User License Agreement ("EULA") is a legal agreement between you ("YOU" or "LICENSEE") (either an individual or a single entity) and Blue Label Solutions LLC for the Blue Label Solutions LLC PRODUCT(s) identified above which may include associated software components, media, printed materials, and "online" or electronic documentation ("PRODUCT"). By installing, copying, or otherwise using the 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 Blue Label Solutions LLC, (referred to as "licenser"), 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 PRODUCT. The PRODUCT is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The PRODUCT is licensed, not sold. 1. GRANT OF LICENSE. The PRODUCT is licensed as follows: (a) A one-time fee paid by LICENSEE to Blue Label Solutions LLC, as designated by PRODUCT, in consideration for the Authorized Use of the PRODUCT described herein. (b) License fee is refundable within 30 days of Commencement Date, and payable upon acceptance of the terms and conditions set out herein. (c) Installation and/or Use. Blue Label Solutions LLC grants you the right to install and/or use copies of the PRODUCT on your computer running a validly licensed copy of the operating system(s) for which the PRODUCT was designed. (d) Backup Copies. You may also make copies of the PRODUCT as may be necessary for backup and archival purposes. 2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS. (a) Maintenance of Copyright Notices. You must not remove or alter any copyright notices on any and all copies of the PRODUCT. (b) Distribution. You may not distribute registered copies of the PRODUCT to third parties. Evaluation versions available for download from Blue Label Solutions LLC's websites may be freely distributed. (c) Prohibition on Reverse Engineering, Decompilation, and Disassembly. You may not reverse engineer, decompile, or disassemble the PRODUCT, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation. (d) Rental. You may not rent, lease, or lend the PRODUCT. (e) Support Services. Blue Label Solutions LLC may provide you with support services related to the PRODUCT ("Support Services"). Any supplemental software code provided to you as part of the Support Services shall be considered part of the PRODUCT and subject to the terms and conditions of this EULA. (f) Compliance with Applicable Laws. You must comply with all applicable laws regarding use of the PRODUCT. 3. TERMINATION Without prejudice to any other rights, Blue Label Solutions LLC may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must destroy all copies of the PRODUCT in your possession. 4. COPYRIGHT All title, including but not limited to copyrights, in and to the PRODUCT and any copies thereof are owned by Blue Label Solutions LLC or its suppliers. All title and intellectual property rights in and to the content which may be accessed through use of the PRODUCT is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. This EULA grants you no rights to use such content. All rights not expressly granted are reserved by Blue Label Solutions LLC. 5. SOFTWARE MAINTENANCE Software Maintenance includes Blue Label Solutions LLC's provisioning to LICENSEE Product updates and/or enhancements made generally available to customers from time to time. 6. NO WARRANTIES Blue Label Solutions LLC expressly disclaims any warranty for the PRODUCT. The PRODUCT is provided 'As Is' without any express or implied warranty of any kind, including but not limited to any warranties of merchantability, noninfringement, or fitness of a particular purpose. Blue Label Solutions LLC does not warrant or assume responsibility for the accuracy or completeness of any information, text, graphics, links or other items contained within the PRODUCT. Blue Label Solutions LLC makes no warranties respecting any harm that may be caused by the transmission of a computer virus, worm, time bomb, logic bomb, or other such computer program. Blue Label Solutions LLC further expressly disclaims any warranty or representation to Authorized Users or to any third party. 7. LICENSEE OBLIGATIONS The LICENSEE must at all times: (a) Ensure that only you may use the Product and only for Authorized Use in accordance with the terms and conditions of this Agreement. (b) Promptly advise Blue Label Solutions LLC, including in writing, if the LICENSEE becomes aware of any unauthorized use or distribution of the PRODUCT by any person. 8. UNAUTHORIZED USE OR DISTRIBUTION LICENSEE may not, whether through deliberate or negligent act or act of omission, distribute or cause the distribution of the Product to any third party. 9. LIMITATION OF LIABILITY In no event shall Blue Label Solutions LLC be liable for any damages (including, without limitation, lost profits, business interruption, or lost information) rising out of 'Authorized Users' use of or inability to use the PRODUCT, even if Blue Label Solutions LLC has been advised of the possibility of such damages. In no event will Blue Label Solutions LLC be liable for loss of data or for indirect, special, incidental, consequential (including lost profit), or other damages based in contract, tort or otherwise. Blue Label Solutions LLC shall have no liability with respect to the content of the 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 the disclosure of confidential information. 10. OWNERSHIP / INTELLECTUAL PROPERTY This Agreement only confers the right to use the PRODUCT and does not convey any rights of ownership in or to the PRODUCT. The LICENSEE acknowledges that the PRODUCT and all intellectual property rights in relation to the PRODUCT are the property of Blue Label Solutions LLC and Blue Label Solutions LLC is entitled to take whatever action it may decide in order to protect its intellectual property rights in the PRODUCT. 11. PUBLICITY RIGHTS (a) The LICENSEE grants Blue Label Solutions LLC the right to include the LICENSEE as a customer in PRODUCT promotional material. (b) LICENSEE can deny Blue Label Solutions LLC this right by submitting a written request via email to contact@windows8templates.com, requesting to be excluded from PRODUCT promotional material. Confirmation of such denial (via reply email) must be received prior to purchasing for this exclusion to be effective. (c) Should the LICENSEE come to be or already be included in PRODUCT promotional material, as a result of any prior purchases where the LICENSEE did not request exclusion from PRODUCT promotional material, the LICENSEE can at any point in time, submit a written request via email to contact@windows8templates.com to have Blue Label Solutions LLC remove the LICENSEE's name from PRODUCT promotional material. Upon receipt of such request, Blue Label Solutions LLC will remove any reference to the LICENSEE from such promotional material within 30 days and make no further reference to the LICENSEE. 12. GOVERNING LAW This Agreement is governed by the laws of the State of Washington, USA, regardless of conflict of law provisions, and the parties hereby irrevocably and unconditionally submit to the exclusive jurisdiction of the courts in Redmond, Washington, USA. 13. NOTICES Blue Label Solutions LLC may give notice by means of a general notice on the Blue Label Solutions LLC website or Windows8Templates website, electronic mail to your e-mail address on record with Blue Label Solutions LLC, or by written communication sent by first class mail or pre-paid post to your address on record. Such notice will be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or 12 hours after sending (if sent by email). You may give notice to Blue Label Solutions LLC at any time by any of the following: letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail to Blue Label Solutions LLC's addresses on its website. Licensee agrees that the PRODUCT will not be shipped, transferred or exported into any country or used in any manner prohibited by the United States Export Administration Act or any other export laws, restrictions or regulations.