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End User License Agreement

(Individual License Only)

Under this Plot Control Software End User License Agreement (the “Agreement” or “EULA”), Creative Writer Software, LLC a/k/a Plot Control (“Plot Control”) grants to the end user (the “Licensee”) a nonexclusive and nontransferable license (the “License”) to use Plot Control Software, as defined below (the “Software”). This Agreement governs your use of the Software (unless you and Plot Control have executed a separate written agreement governing use of the Software). Permission to use the Software is conditional upon your acceptance of this EULA. BY CLICKING ON THE “I ACCEPT” BUTTON OR BY DOWNLOADING, INSTALLING OR USING THE SOFTWARE, YOU HAVE INDICATED THAT YOU UNDERSTAND AND AGREE TO (1) THIS EULA; AND (2) Plot CONTROL’S TERMS OF SERVICE AND PRIVACY POLICY. Acceptance will bind you to the Agreement terms as a legally enforceable contract with Plot Control. If you do not accept all the terms of this EULA, then Plot Control is unwilling to license the Software to you, and you must destroy all copies of the Software. Violation of any of the terms of this Agreement may result in the termination of your Account. 1. License Grant by Plot Control. Conditioned upon your compliance with the terms and conditions of this EULA, Plot Control grants to you a non-exclusive and non-transferable license for a single user to load, install and run one machine readable copy of the Software on a single computer and in a single location per use, solely for your personal use for purposes of creating content, including any text, images and materials that are created by you as part of your use of the Software (the “Content”). Plot Control reserves all rights in the Software not expressly granted to you in this EULA. “Software” means and includes any and all executable computer programs that may be installed on any desktop or mobile device, and includes but is not limited to any and all related printed, electronic and online documentation, and any other files that may accompany the product any or all of which are accessed via Plot Control’s website located at plotcontrol.com or app.plotcontrol.com. Your use of the Software is licensed, not sold. The Software is protected by United States copyright law and international treaties. You will not delete or in any manner alter the copyright, trademark, watermarks and other proprietary rights notices or markings appearing on the Software delivered to, accessed by and/or used by you. 1(A). As the licensee of this software, you are granted the option to authorize up to 3 (three) “add-on” additional users to your account, for an additional fee. These “add-on users” will be bound by the same EULA, however, in the event of any contraventions of this or any of the Plot Control service, operations or privacy agreements by “add-on users”, Creative Writer Software reserves the right to cancel your account and hold you, the licensee, accountable. 2. Confidential Information. Your Content shall be treated as “Confidential Information” by Plot Control. Confidential Information will not be disclosed by Plot Control except as provided in the Terms of Service and/or with your prior consent. Notwithstanding, Plot Control has the right, but not the obligation, to refuse or remove any Content and to terminate and/or deny access to use of the Software and your account if, in its reasonable opinion, the Content and/or account violates its Terms of Service and/or Privacy Policy, or that is in any way harmful or objectionable and Plot Control will have no obligation to provide a refund of any amount(s) previously paid. In addition, Confidential Information does not include information which: (i) is or becomes publicly-available without any action by, or involvement of, Plot Control; (ii) is independently developed without use of or reference to your Confidential Information; (iii) is already known at the time of your use; (iv) is disclosed by a third party without any obligation of confidentiality; and/or (v) is disclosed pursuant to any judicial or governmental or legal directive/order. In addition, if you use the Software in “Share” mode or authorize additional “add on users”, you are giving third-parties the right to review and/or access your Content which causes any such Content to no longer be Confidential Information, and Plot Control is not responsible for any disclosure and/or resulting uses of such Shared Content. 3. Ownership of Software and Content. Subject to your rights in and to the Content, all title, copyright, intellectual property rights and distribution rights in and to the Software remain exclusively with the Plot Control, including but not limited to the look and feel of the Software. Subject to Plot Control’s rights in and to the Software, title, copyright and intellectual property rights and distribution rights in and to the Content belong to you. 4. Grant of Content License by Licensee. Licensee grants Plot Control the non-exclusive license to use Licensee’s Content for the purpose of performance and functionality of the Software and Plot Control’s services related thereto. Licensee acknowledges and agrees that such use rights are royalty free, worldwide and irrevocable as long as Licensee’s Content is stored and used with the Software, and that the licensed rights include the right for Plot Control to make such content available to Plot Control’s partners for purposes of its/their role in the performance and function of the Software. Licensee understands and agrees that Plot Control, in performing any required technical actions to provide the Software to its users, may make such changes to the Confidential Information as are necessary to conform and adapt that Confidential Information to the technical requirements thereof. 5. Third-Party Integrated Uses. If Licensee chooses to use any third-party service or application that is integrated with Plot Control’s Software, Licensee does so at its own risk and acknowledges and agrees that Plot Control has no control over such third party(ies) or Licensee’s integrated Content and Plot Control shall have no responsibility or liability on account of, any actions or omissions of any such third-party applications or service providers. Plot Control Software is intended for use with Google Chrome. Plot Control is not responsible for any Content and has no liability to you if you do not use Google Chrome, including but not limited to refunds, interference or other representations, warranties and obligations herein. 6. License Restrictions. Except as expressly and unambiguously permitted by this EULA, Licensee shall not: (a) copy (except in the course of loading or installing) or modify the Software, including, but not limited to, adding new features or otherwise making adaptations that alter the functioning of the Software; (b) transfer, sublicense, rent, lease, sublicense, lend or otherwise distribute the Software to any third party; (c) make the functionality of the Software available to multiple users through any means, including, but not limited to, by uploading the Software to a network or file-sharing service or through any hosting, application services provider, service bureau, software-as-a-service or any other type of services. You acknowledge and agree that portions of the Software, including, but not limited to, the source code and the specific design and structure of individual modules or programs, constitute or contain trade secrets of Plot Control and its licensors. Accordingly, you agree not to reverse engineer, disassemble, decompile, or create any derivative work of the Software, in whole or part, or permit or authorize a third party to do so, except to the extent such activities are expressly permitted by law notwithstanding this prohibition. 7. Data Collection. You agree that Plot Control may collect certain information about your use of the Software as described in our Privacy Policy (available at http://PlotControl.com/go/privacy-policy/). 8. Minors. If you or any user is under the age of eighteen (18) or below the age of majority in their local jurisdiction, his/her parent or legal guardian must consent to his/her use of the Software and must accept this EULA Agreement on his/her behalf to confirm that such parent or legal guardian has read, understands and agrees to all terms and conditions of this Agreement. Such parent or legal guardian’s acceptance of this Agreement constitutes acceptance of the user’s obligations on behalf of the user and themselves. 9. Ownership of Confidential Information. Other than as expressly provided in this Agreement (See “Limited Content License for Plot Control” below), Plot Control obtains no proprietary rights or ownership of any kind to Confidential Information. Ownership of Confidential Information is retained exclusively by the Licensee. 10. Upgrades. If this copy of the Software is an upgrade from an earlier version of the Software, it is provided to you on a license exchange basis. Upon your download, installation and use of this copy of the Software, the license granted to you for the earlier version of the Software will automatically terminate, with or without notice from Plot Control, and you will promptly destroy or return to Plot Control all copies of the earlier version of the Software in your possession or control. 11. Assignment. The rights and obligations of this Agreement are personal rights granted to the Licensee only. The Licensee may not transfer or assign any of the rights or obligations granted under this Agreement to any other person or legal entity without Plot Control’s prior written consent. Licensee may not sub-license or otherwise make available the Software for use by any one or more third parties. 12. License Fee. The one-time fee or subscription price paid on a periodic basis by the Licensee (i.e. monthly, quarterly, annually, etc.) will constitute the entire license fee on a periodic basis, based on the original term and is the full consideration for this Agreement. 13. NO WARRANTY. THIS SOFTWARE AND DOCUMENTATION ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. Plot CONTROL DISCLAIMS ALL WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, RELATING TO THE SOFTWARE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND ANY WARRANTIES AND CONDITIONS ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. Plot CONTROL DOES NOT WARRANT THAT THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE. NO ORAL OR WRITTEN INFORMATION OR ADVICE OBTAINED FROM Plot CONTROL OR ELSEWHERE SHALL CREATE ANY WARRANTY OR CONDITION NOT EXPRESSLY STATED IN THIS EULA.10. LIMITATION OF LIABILITY. IN NO EVENT WILL Plot CONTROL BE LIABLE TO YOU FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) OR FOR THE COST OR PROCURING SUBSTITUTE PRODUCTS ARISING OUT OF OR IN CONNECTION WITH THIS EULA OR THE USE OR PERFORMANCE OF THE SOFTWARE, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT Plot CONTROL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES. MOREOVER, Plot CONTROL ASSUMES NO LIABILITY, AND YOU RELEASE Plot CONTROL FROM ANY LIABILITY, FOR ANY ACCIDENT, INJURY, DAMAGE, DEATH, LOSS, ILLEGAL ACTIVITY OR ANY OTHER CLAIM RELATED TO OR RESULTING FROM OR DUING THE USE OF THE SOFTWARE, WHETHER OR NOT SUCH USE IS FORSEEABLE BY Plot CONTROL. IN NO EVENT WILL Plot CONTROL’S TOTAL LIABILITY TO YOU, FROM ALL CAUSES OF ACTION AND UNDER ALL THEORIES OF LIABILITY, EXCEED THE AMOUNT PAID BY YOU FOR THE SOFTWARE, INCLUDING ANY PACKAGE THAT INCLUDES THE SOFTWARE. THE FOREGOING LIMITATIONS WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THIS EULA IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. 14. Indemnification. You shall indemnify and hold Plot Control harmless from any claims, damages, liabilities, costs and fees (including reasonable attorney fees) arising from (i) your use of the Software, (ii) your failure to comply with any term of this EULA; and (iii) any claim that your Content infringes the intellectual property rights or other proprietary rights of a third party. 15. Term; Termination. The license granted under this EULA shall continue in perpetuity following your accepting this Agreement, charging a yearly subscription fee and renewing automatically every year until such time that you cancel your subscription, or, in the event of non-payment, when your account is 30 (thirty) days in arrears. You may terminate this EULA at any time by destroying all copies of the Software in your possession or control. The license and this EULA will automatically terminate, with or without notice from Plot Control, if you violate any provision of this EULA. Any termination of this EULA shall also terminate the licenses granted hereunder and to terminate and close your account without notice. Upon termination of this EULA for any reason, you shall promptly destroy and remove from all computers, hard drives, networks, and other storage media all copies of the Software in your possession or control and cease all use of the Software. You shall not be entitled to any refund as a result of any termination of this Agreement. Sections intended to survive termination nor expiration of this Agreement shall survive termination or expiration of this EULA. 16. U.S. Government End Users. The Software and Documentation are “commercial items” as that term is defined in FAR 2.101, consisting of “commercial computer software” and “commercial computer software documentation,” respectively, as such terms are used in FAR 12.212 and DFARS 227.7202. If the Software and Documentation are being acquired by or on behalf of the U.S. Government, then, as provided in FAR 12.212 and DFARS 227.7202-1 through 227.7202-4, as applicable, the U.S. Government’s rights in the Software and Documentation will be only those specified in this EULA. 17. Export Law. The Software and related technology are subject to U.S. export control laws and may be subject to export or import regulations in other countries. You agree to strictly comply with all such laws and regulations and acknowledge that you have the responsibility to obtain authorization to export, re-export, or import the Software and related technology, as may be required. You will indemnify and hold Plot Control harmless from any and all claims, losses, liabilities, damages, fines, penalties, costs and expenses (including attorney’s fees) arising from or relating to any breach by you of your obligations under this section. 18. Account security. Licensee is responsible for safeguarding the password that is used to access the Software. Licensee agrees not to disclose their password to any third party. Licensee agrees to take sole responsibility for any activities or actions under their password, whether or not such activities or actions have been authorized. Licensee will immediately notify the Plot Control of any unauthorized use of his/her password. Licensee acknowledges that to protect the transmission of data while using the Software, the Licensee will only use a secure encrypted (SSL) connection to communicate with and/or utilize the Software. 19. User Support. Unless otherwise agreed in writing between us, Licensee acknowledges and agrees that Plot Control is not obligated to provide support or maintenance services as part of this Agreement. 20. Transmission of Data. Licensee acknowledges and agrees that the technical processing and transmission of Content, including but not limited to Confidential Information is fundamentally necessary to use and functionality of the Software. Licensee agrees that Plot Control is not responsible for any electronic communications, including those of Licensee’s Content and Confidential Information that is lost, altered, intercepted or stored without authorization during the transmission of any Confidential Information. Licensee acknowledges and agrees that Licensee will not rely upon the Software for any reason. Licensee further acknowledges and agrees that Licensee is solely responsible for maintaining and protecting all Confidential Information that is stored, retrieved or otherwise processed by the Software. Without limitation, Licensee will be responsible for all costs and expenses that Licensee or others may incur with respect to backing up, and restoring and/or recreating any Confidential Information that is lost or corrupted as a result of the use of the Software. 21. Payment Failure. The Software may be deactivated, and Plot Control reserves the right to remotely deactivate the Software and your account through website access or on the Licensee’s computer(s) or mobile devices without notifying the Licensee and without the need of permission from Licensee if Licensee breaches any obligation and/or representation under this EULA and/or related to Plot Control’s Terms of Service (available at http://Plotcontrol.com/go/terms-and-conditions/), including but not limited to for reasons pertaining to violation of any clause in this Agreement or if Licensee fails to complete payment for the Software in accordance with any payment plans and/or if Licensee reverses payments (such as, but not limited to, credit card charge backs or bounced checks). If or when Plot Control deactivates the Software through website access or on the Licensee’s computer(s) or mobile devices, Licensee forfeits the full purchase price (or any portion of the purchase price paid) and shall not be granted any refund for the deactivated Software. In the event of license forfeiture, Licensee further forfeits any and all access to any Content in Plot Control’s possession, custody and/or control, including but not limited to within the Software. Additionally, in forfeiting the license rights, Licensee will lose access to all versions of the Software and, without limitation, Licensee will no longer be able to open, use, read or access the data stored on the Software. Plot Control is under no obligation to retain or store any copy of Licensee’s Content on its servers. Licensee is at all times responsible to maintain a backup copy of Licensee’s Content. 22. Taxes. Licensee is responsible for all taxes which may be payable in respect of the provision of the Software to Licensee and unless otherwise legislated in the jurisdiction which is relevant to Licensee’s purchase of the Software. 23. Modifications and Terminations. Plot Control reserves the right to modify this EULA in its discretion at any time. Plot Control will notify Licensee by a notice posted on this page and/or within the software that changes have been made to this Agreement. If the Licensee disagrees with the changes that have been made to this Agreement, the Licensee agrees to cancel their active subscription. Failure to cancel their subscription constitutes acceptance of any changes made to this Agreement. 24. Governing Law; Dispute Resolution; Attorney’s Fees. You agree that this EULA, and any claim, dispute, action, cause of action, issue, or request for relief arising out of this EULA, will be governed by the laws of the State of New Jersey, without giving effect to any conflicts of laws principles that require the application of the laws of a different jurisdiction. Any action or proceeding relating to this EULA must be brought in a federal or state court located in the state or federal court in or applicable to Montvale, New Jersey, each party irrevocably submits to the jurisdiction and venue of any such court in any such claim or dispute, except that Plot Control may seek injunctive relief in any court having jurisdiction to protect its intellectual property or of Plot Control’s Confidential Information. You agree to submit to and not to dispute personal and subject matter jurisdiction as provided in this section. In any dispute or action arising out of or relating to this EULA, the non-prevailing party shall reimburse the prevailing party for all of the prevailing party’s attorney’s fees and costs related to such dispute or action, including through appeal(s). 25. Force Majeure. Without limiting any other provision herein or defense available at law or in equity, Plot Control shall be free of liability if Plot Control’s and/or the Software’s performance is prevented or limited, in whole or in part, due to Force Majeure, such as earthquake, typhoon, flood, fire, and war or any other unforeseen and uncontrollable event. 26. Miscellaneous. This Agreement represents the complete understanding and agreement concerning the subject matter between the parties and supersedes all prior agreements, understandings and communications, oral or written, between the parties, unless you and Plot Control have executed a separate agreement. Plot Control reserves the right to modify this EULA and will give you reasonable notice of any changes. Your continued use of the Software after such notice will indicate your consent to any such changes. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be enforced to the maximum extent possible and the other provisions will remain in full force and effect. The failure by either party to enforce any provision of this EULA will not constitute a waiver of future enforcement of that or any other provision. You may not assign or transfer this EULA or any rights granted hereunder, by operation of law or otherwise, without Plot Control’s prior written consent, and any attempt by you to do so, without such consent, will be void. Plot Control expressly reserves the right to freely assign this Agreement and to delegate any of its obligations hereunder. 27. Contact Information. If you have any questions regarding this EULA, you may contact Plot Control at [email protected]. This Agreement has been last updated on May 9, 2023.

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