END USER LICENSE AGREEMENT AND TERMS OF SERVICE

Last Updated: December 10, 2013

This End User License Agreement and Terms of Service (the "EULA") is a binding contract between you, an individual user ("you") and Petga, LLC ("Petga") governing your use of the associated ARTPOP mobile application (the "App"), any websites owned and/or controlled by or on behalf of Petga for support of the App, including, but not limited to, artpopapp.petgallc.com (the "Website"), and Petga's associated cloud service (collectively, the "Service"). BY INSTALLING OR OTHERWISE ACCESSING OR USING THE SERVICE, YOU AGREE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE EULA. IF YOU DO NOT AGREE, THEN YOU MAY NOT DOWNLOAD OR USE THE APP OR THE SERVICE.

To have a copy of this EULA and the ARTPOP Privacy Policy sent to you, contact Petga at support@petgallc.com.

Material Terms: As provided in greater detail in this EULA (and without limiting the express language of the EULA below), you acknowledge the following:

  1. Scope of License. The App is licensed, not sold, to you for use only under the terms of this EULA. Petga reserves all rights not expressly granted to you. Subject to your complete and ongoing compliance with this EULA, Petga hereby grants you a personal, limited, revocable, non-transferable license to use the Service solely for your personal, non-commercial use, and to use the App on a single compatible device that you own or control. You may not modify, alter, reproduce, distribute or make the Service available over a network where it could be used by multiple devices or users at the same time. You may not rent, lease, lend, sell, redistribute or sublicense the Service. You may not copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of any portion of the Service, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or Third Party Terms (as defined below)), nor attempt to disable or circumvent any security or other technological measure designed to protect the Service or any content available through the Service, including, but not limited to, any sound recordings or music videos accessible through the Service, and any musical works embodied in either. If you breach these license restrictions, or otherwise exceed the scope of the licenses granted herein, then you may be subject to prosecution and damages, as well as liability for infringement of intellectual property rights. The terms of this EULA will govern any updates provided to you by Petga that replace and/or supplement the original App or any other portion of the Service, unless such upgrade is accompanied by a separate license or revised EULA, in which case the terms of that license or revised EULA will govern.
  2. Consideration and Fees.
    1. Valuable Consideration. The Service is made available to you for free although certain content made available on and through the Service may only be available for a fee. You agree to this EULA in consideration of your use of the Service and other good and valuable consideration, the receipt and sufficiency of which you hereby acknowledge.
    2. Fees. The App may provide you with access to third party websites (each a "Third Party Site") through which you may purchase Third Party Materials (defined below) or Petga Content. You will be subject to the terms of use and privacy policy of such Third Party Sites when purchasing any product, good or service from such Third Party Site.
  3. The Service.
    1. Your use of the Service is subject to the Petga Privacy Policy, which is available at artpopapp.petgallc.com /privacy (the "Privacy Policy"), and by using the Service, you agree that you have read, understood, and agree to the terms of the Privacy Policy, including the data collection, use and disclosure provisions set forth therein, which is hereby incorporated into this EULA by this reference. Depending on how you are accessing the Service, your use of the App may incur third party fees, such as fees charged by your Carrier for data usage, and may be subject to third party terms, such as your Carrier's terms of service, and you agree to pay all such fees and abide by all such terms.
    2. Children. No part of the Service is directed to persons under the age of 13. IF YOU ARE UNDER 13 YEARS OF AGE, YOU MUST NOT USE OR ACCESS THE SERVICE AT ANY TIME OR IN ANY MANNER. By using the Service, you represent and warrant you are at least 18 years of age, or, if you are under 18 years of age (but 13 years of age or older), then you affirm that you possess the legal consent of your parent or guardian to access and use the Service.
    3. Accounts on the Service.
      1. Upon launching the App, the App will create an identifier for you, and you will be asked to provide your name. This information, along with your geographic location (collected with your consent), a self-portrait or other image that you take with the camera on the mobile device on which the App is installed (collected with your consent), and your answers to a series of questions the App asks you, are used to create an "Aura." You may bypass providing geolocation information and photographs during the Aura creation process.
      2. The Service also permits you to register for an account. The account will be associated with your Aura and is necessary to participate in certain activities on the Service, such as posting to the Service's "ArtHaus Exhibition." To register for an account, you will be asked to provide your email address, as well as a username and password that you select.
  4. Content You Submit.
    1. The Service may include features that enable you to upload or submit certain materials from your device to Petga. Except for Petga Content (defined below) provided to you on or through the Service, you agree that you, solely, are responsible for, and assume all liability and consequences regarding, the photos, video, audiovisual, audio, text, and any other media content that you submit to or through the Service along with all associated metadata (which may include, without limitation, your device type, applicable device identifier, IP address, phone state, as well as date, time, application and location data associated with Internet and data services and the creation and / or submission or a particular piece of content) (collectively "User Content").
    2. The Service includes sharing functionality that permits you to upload User Content to social media services and other Third Party Sites. You hereby authorize Petga, upon pressing the "Send" button within the App, to upload and transmit your User Content to each Third Party Site you select using such sharing functionality. You are solely responsible for complying with all terms, conditions, and policies, including terms of use and privacy policies, of each such Third Party Site.
    3. You retain ownership of any rights you may have in your User Content and submission of User Content does not transfer ownership of your rights to Petga. We do, however, need certain permission from you, in order to be able to provide the Service to you and others. Accordingly, you hereby grant Petga a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license, without obligation, to use, reproduce, distribute, publish, publicly display, publicly perform (including by means of digital audio transmission and on a through-to-the-audience basis), transmit, stream, broadcast, communicate to the public, make available, modify and otherwise use and exploit your User Content and modifications and derivatives thereof (including, without limitation, the right to include, append, integrate, embed, or incorporate advertising, and to format or otherwise adapt your User Content as necessary or useful to conform to the requirements, limitations, or capabilities of the various formats, networks, devices, services, and media to which your User Content may be implemented) in connection with providing the Service to Petga's (and its successors' and affiliates') users. You agree that Petga is not obligated to publish any User Content, and reserves the right to remove any User Content from the Service at any time for any reason and without any liability to you, and is not obligated to pay or share any revenues with you in connection with your User Content, any associated advertising, or otherwise.
    4. Except for content provided to you by Petga through the App, but excluding content provided by other users of the App, you represent, warrant, and covenant that (1) you either are the sole and exclusive owner of all User Content that you submit to the Service, or you have all rights, licenses, consents, and releases that are necessary to grant to Petga the rights in such User Content as contemplated under this EULA, and (2) neither the User Content you submit to the Service nor your creation of, accessing, posting, submission or transmission of such User Content or Petga's exercise of the rights granted above to such User Content (or any portion thereof) will infringe, misappropriate or violate the rights of any party or entity, including a third party's patent, copyright, trademark, trade secret, moral rights, rights of publicity, rights of privacy or other intellectual property or proprietary rights, constitute or result in defamation, libel, slander, or the violation of any applicable law or regulation (including, without limitation, restrictions on obscenity, child pornography, wire tap laws or other similar restrictions on nonconsensual recording, or otherwise), or require Petga to obtain any licenses from or make any payments in any amounts to any third party throughout the world.
    5. You agree not to submit User Content that: (1) is or could be interpreted to be infringing, defamatory, libelous, inaccurate, unlawful, harmful, threatening, abusive, harassing, vulgar, offensive, obscene, pornographic, objectionable, hateful, or promotes discrimination, bigotry, racism, or hatred (collectively, "Objectionable User Content"), as determined by Petga in its sole discretion; or (2) introduces viruses, time-bombs, worms, cancel bots, Trojan Horses and/or other harmful or malicious code.
    6. The Service will enable users to flag User Content for violating this EULA or for otherwise finding such User Content objectionable. If any of your User Content is flagged by other users of the Service, whether such User Content qualifies as Objectionable User Content or otherwise, Petga may, with or without reviewing such User Content, remove or permit to be removed such User Content without notice or liability to you.
  5. Third Party Materials and Petga Content.
    1. You understand that by using the Service, you may encounter data, information, applications or materials from third parties, including other users of the Service ("Third Party Materials") and other content, including, but not limited to, content from Petga, such as sound recordings, musical works (including lyrics), photographs, and audiovisual content (collectively, "Petga Content"), that may be deemed offensive, indecent, or objectionable, and which Petga Content may or may not be identified as having explicit language. Nevertheless, you agree to use the Service at your sole risk and that Petga shall not have any liability to you for Third Party Materials or Petga Content that may be found to be offensive, indecent, or objectionable, or that is inaccurate, incomplete, untimely, invalid, illegal, of poor quality or otherwise. You use the Service, and rely upon any Third Party Materials and Petga Content accessible through the Service, at your sole risk.
    2. Individual tracks from Lady Gaga's album "ARTPOP" (the "Album") may be made available within or through the App to Verified Purchasers. For the purposes of this EULA, a "Verified Purchaser" is a user who purchased: (1) the Album or individual tracks from the Album as a digital phonorecord delivery through Apple iTunes or Amazon and has the tracks from the Album resident in the native music library on their mobile device; (2) the Album in a lawfully released Compact Disc ("CD") as verified through an on-line verification procedure ("CD Confirmation Procedure"); or (3) the entire Album through an otherwise authorized digital distributor. The CD Confirmation Procedure will require a user to insert their CD into a computer, access the website located at artpopapp.petgallc.com (the "Verification Page") from the same computer in which the CD has been inserted, follow the instructions on the Verification Page, and provide an e-mail address and a user-selected password. Upon confirmation of possession of the lawfully released CD and the first use of the e-mail address for registration purposes, the Verification Page will display a unique code redeemable within the App that will permit you to listen in and through the App to those tracks for which you are a Verified Purchaser. Users who purchase the entire Album (but not individual tracks from the Album) through an authorized digital distributor other than Apple or Amazon ("Alternative Digital Purchase") will, for the duration of the Verified Purchaser program, also be able to verify their purchase of a lawfully released version of the Album and receive access to the Album through the App. A user who purchased the Album through an Alternative Digital Purchase will have to submit evidence of such purchase (i.e., a copy of the digital receipt) to or for the benefit of Petga, either by following the instructions on the Verification Page or by forwarding a copy of the digital receipt through e-mail to artpop@pushsupport.com. You may only register a single time for each purchased version of the Album, either through the CD Confirmation Procedure or for an Alternative Digital Purchase. Petga reserves the right to terminate or modify the Verified Purchaser program described in this Section 5.b at any time in its sole discretion without any liability to you and, in the event of the termination of the Verified Purchaser program, Petga may cease accepting redemptions from some or all Verified Purchasers, regardless of when such Verified Purchaser purchased a copy of the Album.
    3. You agree and understand that the Service contains proprietary content, information, and material that are 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 except for permitted use of the Service. No portion of the Service may be reproduced in any form or by any means, excluding only screen captures from the App for your personal, non-commercial use. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Service, in any manner, and you shall not exploit the Service in any unauthorized way whatsoever, including but not limited to, by trespass or burdening network capacity. You further agree not to use the Service in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and that Petga is not in any way responsible for any such use by you, nor for any harassing, threatening, defamatory, offensive, illegal or other harmful messages or transmissions that you may receive as a result of using the Service.
    4. In addition, third party services and Third Party Materials that may be accessed from, displayed on or linked to from your device are not available in all languages or in all countries. Petga 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. Petga, and its licensors, reserve the right to change, suspend, remove, or disable access to such services or materials at any time without notice. In no event will Petga be liable for the removal of or disabling of access to any such services or materials. Petga may also impose limits on the use of or access to certain services or materials, including the Service, at any time, in any case and without notice or liability.
  6. Your Use of the Service and Petga Content. You right to use the Service is expressly conditioned on the following:
    1. You may access them for your personal entertainment and informational purposes only, and solely as intended through the provided functionality of the Service and as permitted under this EULA.
    2. Unless expressly permitted, you may not alter, modify, create derivative works of, sell, license or in any way exploit any part of the Service.
    3. Unless expressly permitted, you agree not to copy, reproduce, distribute, publish, display, perform, transmit, stream or broadcast any part of the Service without Petga's prior written authorization.
    4. You agree not to bypass any security or other features of the Service designed to control the manner in which the App or the Service is used, harvest or mine data or content from the Service (including User Content, Petga Content and Third Party Materials, collectively, "App Materials"), or otherwise access or use the Service in a manner inconsistent with individual human usage, including, by way of example and not limitation, by circumventing any technical measures implemented to prevent the unauthorized reproduction, distribution, public performance or public display of any App Materials.
    5. You agree not to decipher, reverse engineer, decompile or disassemble the Service or App Materials, or the software used to provide the Service or the App Materials, in whole or in part.
    6. You agree not to use, display, mirror, frame or utilize framing techniques to enclose the Service or the App Materials, or any portion thereof, unless and solely to the extent Petga makes available the means for embedding any part of the Service or the App Materials.
    7. You agree not to access, tamper with, or use non-public areas of the Service, Petga's (and its hosting company's) computer systems and infrastructure, or the technical delivery systems of Petga's providers.
    8. You agree not to probe, scan or test the vulnerability of the Service or breach any security or authentication measures, including authentication of your right to access any App Materials made available on or through the App.
    9. You agree not to send or post any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letter or other form of solicitation on or through the Service.
    10. You agree not to use any meta tags or other hidden text or metadata utilizing the names "Lady Gaga," "Gaga," "Stefani Germanotta," "Little Monsters," "ARTPOP," "Haus of Gaga," or a Petga trademark, logo, URL or production name without Petga's express written consent.
    11. You agree not to use the Service or any App Materials for any commercial purpose or for the benefit of any third party or in a manner not permitted by this EULA, including, by way of example and not limitation, by uploading Objectionable User Content to or through the Service.
    12. You agree not to forge any TCP/IP packet header or any part of the header information in any email or other communication, or in any way use the Service to send altered, deceptive or false source-identifying information.
    13. You agree not to collect or store any personally identifiable information from the Service from other users of the Service without their express permission.
    14. You agree not to solicit login information or access an account belonging to someone else.
    15. You agree not to impersonate or misrepresent your affiliation with any person or entity.
    16. You agree not to violate any applicable law or regulation.
    17. You agree not to encourage, authorize, direct or enable any other individual to do any of the foregoing.
    18. Violations of this EULA may result in your being denied the right to use the Service, and Petga may remove any User Content you have uploaded to or through the Service without notice to you. Petga will have no liability to you for terminating your access to the Service.
  7. Third Party Software. The software you download consists of a package of components, including certain third party software ("Third Party Software" and together with the App, the "Package") provided under separate license terms (the "Third Party Terms"), as described in more detail at the bottom of this EULA. Your use of the Third Party Software in conjunction with the App in a manner consistent with the terms of this EULA is permitted, however, you may have broader rights under the applicable Third Party Terms and nothing in this EULA is intended to impose further restrictions on your use of the Third Party Software.
  8. CONSENT TO USE OF DATA: You agree that Petga and its service providers may collect and use technical data and related information, including, but not limited to, device identifiers and other technical information about your computer, mobile 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 App and the Service, and to track and report your activity inside of the App and the Service, including, without limitation, for analytics purposes. You also grant Petga permission to scan the sound recordings on your mobile device to determine whether individual tracks from the Album acquired from Apple iTunes or Amazon are present on your device for the purposes of treating you as a Verified Purchaser pursuant to Section 5.b. Please see Petga's Privacy Policy for more details regarding the information Petga collects, and how it uses and discloses that information.
  9. Ownership. The Service and the App Materials, including all intellectual property rights therein, are the sole and exclusive property of Petga and its licensors, including other users of the Service, provided that you retain ownership of any intellectual property rights you may have in your User Content you upload to the Service. Except for the limited license expressly granted by and to you under this EULA, no other rights, licenses, or immunities are granted or shall be deemed to be granted under this EULA, either expressly, or by implication, estoppel or otherwise. All rights not expressly granted by a party hereunder are expressly reserved.
  10. Feedback. While the Petga team is continually working to develop and evaluate our own product ideas and features for the Service, we pay close attention to the interests, feedback, comments, and suggestions we receive from the user community. If you choose to contribute by sending Petga any ideas for products, services, features, modifications, enhancements, content, refinements, technologies, content offerings (such as audio, visual, games, or other types of content), promotions, strategies, or product/feature names, or any related documentation, artwork, computer code, diagrams, or other materials (collectively "Feedback"), then regardless of what your accompanying communication may say, the following terms shall apply, so that future misunderstandings can be avoided. Accordingly, by sending Feedback to Petga, you agree that:
    1. Petga has no obligation to review, consider, or implement your Feedback, or to return to you all or part of any Feedback for any reason;
    2. Feedback is provided on a non-confidential basis, and Petga is not under any obligation to keep any Feedback you send confidential or to refrain from using or disclosing it in any way; and
    3. You irrevocably grant Petga and its successors and assigns perpetual and unlimited permission to reproduce, distribute, create derivative works of, modify, publicly perform (including on a through-to-the-audience basis), communicate to the public, make available, publicly display, and otherwise use and exploit the Feedback for any purpose and without restriction, free of charge and without attribution of any kind, including by making, using, selling, offering for sale, importing, and promoting commercial products and services that incorporate or embody Feedback whether in whole or in part, and whether as provided or as modified.
  11. Termination. The EULA is effective until terminated by you or Petga. Your rights under this license will terminate automatically without notice from Petga if you fail to comply with any term(s) of this EULA (including by violating any license restriction provided herein). You may terminate this EULA at any time by uninstalling the App and ceasing use of the Service. Upon any termination of the EULA, you must immediately cease all use of the App, and destroy all copies, full or partial, of the App. Sections 4.c and 8 through 22 will survive termination of this EULA for any reason.
  12. Indemnity. You agree to indemnify and hold Petga, its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected to (a) your User Content, (b) your access, use, or misuse of the Service, or App Materials, or (c) your violation of this EULA. Petga will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it but if Petga is unable to communicate with you in a timely manner because of an inactive e-mail address, your indemnification obligation will continue notwithstanding Petga's s inability to contact you in a timely manner.
  13. NO WARRANTY: YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SERVICE, THE PACKAGE, AND APP MATERIALS ARE 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 SERVICE, THE PACKAGE, AND ALL APP MATERIALS ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND PETGA HEREBY DISCLAIMS, ON BEHALF OF ITSELF AND ITS SUPPLIERS AND LICENSORS, ALL WARRANTIES AND CONDITIONS WITH RESPECT THERETO, 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, TITLE, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. PETGA DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SERVICE, THE PACKAGE OR APP MATERIALS, THAT THE FUNCTIONS CONTAINED IN OR SERVICES PERFORMED OR PROVIDED BY THE SERVICE, PACKAGE OR APP MATERIALS WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SERVICE, THE PACKAGE OR APP MATERIALS WILL BE SECURE, UNINTERRUPTED, OR ERROR-FREE, OR THAT ANY DEFECTS IN ANY OF THE FOREGOING WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY PETGA OR ITS AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY NOT EXPRESSLY PROVIDED FOR IN THIS EULA. SHOULD THE SERVICE, PACKAGE OR APP MATERIALS 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, BUT IN SUCH A CASE THE FOREGOING SHALL BE APPLIED TO THE GREATEST EXTENT ENFORCEABLE UNDER APPLICABLE LAW.
  14. LIMITATION OF LIABILITY. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL PETGA OR ITS SUPPLIERS OR LICENSORS 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 SERVICE, THE PACKAGE OR ANY APP MATERIALS, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF PETGA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 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 PETGA'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. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATION OF CERTAIN TYPES OF DAMAGES OR LIABILITIES, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU, BUT IN SUCH A CASE THE FOREGOING SHALL BE APPLIED TO THE GREATEST EXTENT ENFORCEABLE UNDER APPLICABLE LAW.
  15. Third Party Disputes. You agree that all disputes between you and any other user(s) of the Service or with any carrier, service provider or Third Party Site, shall be resolved between you and such third party directly. You are solely responsible for your interactions with third parties on and through the Service, including any Third Party Sites. By using the Service, you do not surrender any of the rights or causes of action you may have against any third party; provided, however, that any disputes you have with Petga are subject to the dispute resolution provisions of Section 17. Petga, including Petga employees, representatives and agents, are not parties to, have no involvement or interest in, make no representations or warranties as to, and have no responsibility or liability with respect to, any communications, transactions, interactions, disputes or any relations whatsoever between you and any third parties. Petga does not guarantee the accuracy of postings or User communications or the quality, safety, or legality of any communications offered on or through the Service.
  16. Notice and Procedure for Making Claims of Copyright or Other Intellectual Property Infringements.
    1. Respect of Third Party Rights. Petga respects the intellectual property of others and takes the protection of intellectual property very seriously, and we ask our users to do the same. Infringing activity will not be tolerated on or through the Service.
    2. Repeat Infringer Policy. Petga's intellectual property policy is to (a) remove or disable access to material that Petga believes in good faith, upon notice from an intellectual property owner or their agent, is infringing the intellectual property of a third party by being made available through the Service, and (b) remove any User Content uploaded to the Service by "repeat infringers." Petga considers a "repeat infringer" to be any user that has uploaded User Content or Feedback to or through the Service and for whom Petga has received more than two takedown notices compliant with the provisions of 17 U.S.C. § 512 with respect to such User Content or Feedback. Petga has discretion, however, to terminate the account of any user after receipt of a single notification of claimed infringement or upon Petga's own determination.
    3. Procedure for Reporting Claimed Infringement. If you believe that any content made available on or through the Service has been used or exploited in a manner that infringes an intellectual property right you own or control, then please promptly send a "Notification of Claimed Infringement" containing the following information to the Designated Agent identified below. Your Notification of Claimed Infringement may be shared by Petga with the user alleged to have infringed a right you own or control, and you hereby consent to Petga making such disclosure. Your communication must include substantially the following:
      1. A physical or electronic signature of a person authorized to act on behalf of the owner of the work(s) that has/have been allegedly infringed;
      2. Identification of works or materials being infringed, or, if multiple works are covered by a single notification, a representative list of such works;
      3. Identification of the specific material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Petga to locate the material;
      4. Information reasonably sufficient to permit Petga to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted;
      5. A statement that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
      6. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. You should consult with your own lawyer and/or see 17 U.S.C. § 512 to confirm your obligations to provide a valid notice of claimed infringement.
    4. Designated Agent Contact Information. Petga's designated agent for receipt of Notifications of Claimed Infringement (the "Designated Agent") can be contacted at:
      Via E-mail: copyright@petgallc.com
      Via U.S. Mail: Mr. Joe Germanotta
      Petga, LLC
      c/o Gelfand Rennert & Feldman, LLP
      1880 Century Park East, Suite 1600
      Los Angeles, CA 90067
      Via Facsimile: (310) 229-0106
    5. Counter Notification. If you receive a notification from Petga that material made available by you on or through the Service has been the subject of a Notification of Claimed Infringement, then you will have the right to provide Petga with what is called a "Counter Notification." To be effective, a Counter Notification must be in writing, provided to Petga's Designated Agent through one of the methods identified in Section 16.d, and include substantially the following information:
      1. A physical or electronic signature of the subscriber;
      2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
      3. A statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
      4. The subscriber's name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the subscriber's address is outside of the United States, for any judicial district in which Petga may be found, and that the subscriber will accept service of process from the person who provided notification under Section 16.c above or an agent of such person. A party submitting a Counter Notification should consult a lawyer or see 17 U.S.C. § 512 to confirm the party's obligations to provide a valid counter notification under the Copyright Act.
    6. Reposting of User Content Subject to a Counter Notification. If you submit a Counter Notification to Petga in response to a Notification of Claimed Infringement, Petga will promptly provide the person who provided the Notification of Claimed Infringement with a copy of your Counter Notification and inform that person that Petga will replace the removed User Content or Feedback or cease disabling access to it in 10 business day, and Petga will replace the removed User Content or Feedback and cease disabling access to it not less than 10, nor more than 14, business days following receipt of the Counter Notification, unless Petga's Designated Agent receives notice from the party that submitted the Notification of Claimed Infringement that such person has filed an action seeking a court order to restrain the user from engaging in infringing activity relating to the material on Petga's system or network.
    7. False Notifications of Claimed Infringement or Counter Notifications. The Copyright Act provides that: [a]ny person who knowingly materially misrepresents under [Section 512 of the Copyright Act (17 U.S.C. § 512)] (1) that material or activity is infringing, or (2) that material or activity was removed or disabled by mistake or misidentification, shall be liable for any damages, including costs and attorneys' fees, incurred by the alleged infringer, by any copyright owner or copyright owner's authorized licensee, or by a service provider, who is injured by such misrepresentation, as the result of [Petga] relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing, or in replacing the removed material or ceasing to disable access to it. 17 U.S.C. § 512(f). Petga reserves the right to seek damages from any party that submits a Notification of Claimed Infringement or Counter Notification in violation of the law. For the avoidance of doubt, only notices submitted under the Digital Millennium Copyright Act and the procedures set forth in this Section 16 should be sent to the Designated Agent at copyright@petgallc.com or to the postal address of facsimile number identified above. Any other comments, compliments, complaints or suggestions about Petga, the App or any other matter should be sent to support@petgallc.com.
  17. Dispute Resolution.
    1. Mandatory Arbitration. In the interest of resolving disputes between you and Petga in the most expeditious and cost effective manner, you and Petga agree that any and all disputes arising in connection with or relating to this EULA shall be resolved by binding arbitration. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Our agreement to arbitrate disputes includes, but is not limited to, all claims arising out of or relating to any aspect of this EULA, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, and regardless of whether the claims arise during or after the termination of this EULA. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THIS EULA, YOU AND PETGA ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
      1. Arbitrator. Any arbitration between you and Petga will be governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by this EULA, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting Petga.
      2. Notice; Process. A party who intends to seek arbitration must first send a written notice of the dispute to the other, by certified mail or Federal Express (signature required), or in the event that we do not have a physical address on file for you, by electronic mail ("Notice"). Petga's address for Notice is: Petga, LLC, c/o Gelfand Rennert & Feldman, LLP, 1880 Century Park East, Suite 1600, Los Angeles, CA 90067 ("Arbitration Notice Address"). The Notice must (1) describe the nature and basis of the claim or dispute; and (2) set forth the specific relief sought ("Demand"). We agree to use good faith efforts to resolve the claim directly, but if we do not reach an agreement to do so within 30 days after the Notice is received, you or Petga may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or Petga shall not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any; provided that if our dispute is finally resolved through arbitration in your favor, Petga shall pay you the greater of (X) the amount awarded by the arbitrator, if any, and (Y) the greatest amount offered by Petga in settlement of the dispute prior to the arbitrator's award.
      3. Fees. If you are required to pay a filing fee to commence an arbitration against Petga, then Petga will reimburse you for your confirmed payment of the filing fee upon Petga's receipt of Notice at the Arbitration Notice Address that you have commenced arbitration along with a receipt evidencing payment of the filing fee, unless your Demand is equal to or greater than $1,000 or filed in bad faith, in which case you are solely responsible for the payment of the filing fee.
      4. Arbitration Proceeding. The arbitration will be conducted in the English language. A single independent and impartial arbitrator will be appointed pursuant to the Rules, as modified herein. You and Petga agree to comply with the following rules, which are intended to streamline the dispute resolution process and reduce the costs and burdens on the parties: (i) the arbitration will be conducted by telephone, online and/or be solely based on written submissions, the specific manner to be chosen by the party initiating the arbitration; (ii) the arbitration will not require any personal appearance by the parties or witnesses unless otherwise mutually agreed in writing by the parties; and (iii) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
      5. Decision of the Arbitrator. Barring extraordinary circumstances, the arbitrator will issue his or her decision within 120 days from the date the arbitrator is appointed. The arbitrator may extend this time limit for an additional 30 days in the interests of justice. All arbitration proceedings will be closed to the public and confidential and all records relating thereto will be permanently sealed, except as necessary to obtain court confirmation of the arbitration award. The award of the arbitrator will be in writing and will include a statement setting forth the reasons for the disposition of any claim. The arbitrator will apply the laws of the State of New York in conducting the arbitration. You acknowledge that this EULA and your use of the Service evidence a transaction involving interstate commerce. The United States Federal Arbitration Act will govern the interpretation, enforcement, and proceedings pursuant to the Mandatory Arbitration clause in this EULA.
      6. No Class Actions. YOU AND PETGA AGREE THAT YOU AND PETGA MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. FURTHER, YOU AGREE THAT THE ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS OF MORE THAN ONE PERSON'S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.
    2. Exceptions. Notwithstanding Section 17.a, we both agree that nothing herein shall be deemed to waive, preclude, or otherwise limit either of our right to (i) bring an individual action in small claims court, (ii) pursue enforcement actions through applicable federal, state, or local agencies where such actions are available, (iii) seek injunctive relief in a court of law, or (iv) to file suit in a court of law to address intellectual property infringement claims.
    3. Modifications. In the event that Petga makes any future change to the Mandatory Arbitration provision (other than a change to Petga's Arbitration Notice Address), you may reject any such change by sending us written notice within 30 days of the change to Petga's Arbitration Notice Address, in which case your account with Petga shall be immediately terminated and this arbitration provision, as in effect immediately prior to the amendments you reject, shall survive.
    4. Enforceability. If only Section 17.a.vi or the entirety of this Section 17 is found to be unenforceable, then the entirety of this Section shall be null and void and, in such case, the parties agree that the exclusive jurisdiction and venue described in Section 18 shall govern any action arising out of or related to this EULA or your use of the Service.
    5. Improperly Filed Claims. All claims you bring against Petga must be resolved in accordance with this Dispute Resolution section. All claims filed or brought contrary to this Dispute Resolution section will be considered improperly filed. Should you file a claim contrary to this Dispute Resolution section, Petga may recover attorneys' fees and costs up to $5,000, provided that Petga has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.
  18. Governing Law. The laws of the State of New York, excluding its conflicts of law rules, govern this EULA and your use of the Service. Your use of the Service may also be subject to other local, state, national, or international laws. To the extent that any action relating to any dispute hereunder is permitted to be brought in a court of law, such action shall be subject to the exclusive jurisdiction of the state and federal courts located in New York City, New York, and you hereby irrevocably submit to personal jurisdiction in such courts and waive any defense of inconvenient forum.
  19. Assignment. You may not assign this EULA or any of the rights or licenses granted hereunder, directly or indirectly, without the prior written consent of Petga. This means that in the event you dispose of any device on which you have installed the App, such as by sale or gift, you are responsible for deleting the App from your mobile device prior to such disposition. Petga may assign this EULA, including all its rights hereunder, without restriction.
  20. Consent to Electronic Communications. By using the App or the Service, you consent to receiving certain electronic communications from us as further described in our Privacy Policy. Please read our Privacy Policy to learn more about your choices regarding our electronic communications practices. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.
  21. Jurisdictional Matters. The Service is controlled and operated by Petga from its offices within the State of California. Petga makes no representation that materials on the Service are appropriate or available for use in other locations. Those who choose to access or use the Service from other locations, including from outside the United States of America, do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Access to the Service from jurisdictions where the contents or practices of the Service are illegal, unauthorized or penalized is strictly prohibited.
  22. General. This EULA, together with the Privacy Policy and any other agreements expressly incorporated by reference herein, constitute the entire and exclusive understanding and agreement between you and Petga regarding your use of and access to the Service and all App Materials, and except as expressly permitted above may be amended only by a written agreement signed by you and an authorized representative of Petga. The failure to require performance of any provision will not affect our right to require performance at any time thereafter, nor shall a waiver of any breach or default of this EULA or any provision of this EULA constitute a waiver of any subsequent breach or default or a waiver of the provision itself. Use of section headers in this EULA is for convenience only and shall not have any impact on the interpretation of particular provisions. In the event that any part of this EULA is held to be invalid or unenforceable, the unenforceable part shall be given effect to the greatest extent possible and the remaining parts will remain in full force and effect.
  23. Contacting Petga. You can contact Petga, Inc. by email at support@petgallc.com or by U.S. post at the Arbitration Notice Address.

NOTICE REGARDING APPLE. You acknowledge that this EULA is between you and Petga only, not with Apple, and Apple is not responsible for the App or Service or the content thereof. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App or Service. In the event of any failure of the App or Service to conform to any applicable warranty, then you may notify Apple and Apple will refund the purchase price for the relevant App to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the App or Service. Apple is not responsible for addressing any claims by you or any third party relating to the App or Service or your possession and/or use of the App or Service, including, but not limited to: (i) product liability claims; (ii) any claim that the App or Service fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement and discharge of any third party claim that the App or Service or your possession and use of the App or Service infringes that third party's intellectual property rights. You agree to comply with any applicable third party terms, when using the App or Service. Apple, and Apple's subsidiaries, are third party beneficiaries of this EULA, and upon your acceptance of this EULA, Apple will have the right (and will be deemed to have accepted the right) to enforce this EULA against you as a third party beneficiary of this EULA. You hereby represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. If Petga provides a translation of the English language version of this EULA, the translation is provided solely for convenience, and the English version shall prevail.

The App was Developed by Relative Wave, LLC, http://www.relativewave.com

Back end development by Cloud City Development

THIRD PARTY SOFTWARE

In addition to Petga's copyright in the App, the Package may contain software components subject to some or all of the following third party copyrights:

Cocos2d for iPhone

- Copyright (c) 2008-2011 - Ricardo Quesada and contributors

- Copyright (c) 2011-2012 - Zynga Inc. and contributors

GNUstep Objective-C runtime

- Copyright (c) 1999-2010 Apple Inc. All rights reserved.

ARM-ELF Objective-C runtime

- Copyright (c) 2012 Apportable. All rights reserved.

Cocotron

- Copyright (c) 2006-2009 Christopher J. W. Lloyd

- Copyright (c) 2007-2009 Johannes Fortmann

- Copyright (c) 2007 The Khronos Group Inc.

- Copyright (c) 1997 Eric S. Raymond

- Copyright (c) 2007, 2009 Jens Ayton

- Copyright (c) 2007-2008 Dirk Theisen

- Copyright (c) 2009 Vladimir Kirillov

- Copyright (c) 2002, 2003 - Bill Bumgarner, Ronald Oussoren, Steve Majewski, Lele Gaifax, et.al.

- Copyright (c) 2006 Chris B. Vetter

- Copyright (c) 2006-2007 Dr. Rolf Jansen

- Copyright (c) 2007 Matteo Ceruti (matteo@ceruti.org)

- Copyright (c) 2007 Michael Ash

- Copyright (c) 2008 Dan Knapp

- Copyright (c) 2008 John Engelhart

- Copyright (c) 2008 Julian Mayer

- Copyright (c) 2008 Pauli Olavi Ojala

- Copyright (c) 2008 Sijmen Mulder

- Copyright (c) 2008 Tobias Platen

- Copyright (c) 2009 Andy Balholm

- Copyright (c) 2009 Glenn Ganz

- Copyright (c) 2008 Rogue Amoeba Software LLC

libxml2

- Copyright (c) 1998-2012 Daniel Veillard. All Rights Reserved.

libtarga

- Copyright (c) 2005-2009 Michael L. Gleicher and other contributors

libexpat

- Copyright (c) 1998-2000 Thai Open Source Software Center Ltd and Clark Cooper

- Copyright (c) 2001, 2002, 2003, 2004, 2005, 2006 Expat maintainers.

GIFLIB

- Copyright (c) 1997 Eric S. Raymond

OpenGL ES

- Copyright (c) 2013 The Khronos Group Inc.

ParseBridge

- Copyright (c) 2013 Spencer Barron

SSZipArchive

- Copyright (c) 2010-2013 Sam Soffes, http://soff.es

libkqueue

- Copyright (c) 2009 Mark Heily

libcurl

- Copyright (c) 1996 - 2013, Daniel Stenberg, . All rights reserved.

NeuQuant

- Copyright (c) 1994 Anthony Dekker

Apple CFLite

- Portions Copyright (c) 2012 Apple Inc. All Rights Reserved.

CoreFoundation

- Copyright (c) 2012 Apportable. All rights reserved.

Apple XNU

- Portions Copyright (c) 1999-2003 Apple Computer, Inc. All Rights Reserved.

CommonCrypto

- Copyright (c) 2004 Apple Computer, Inc. All Rights Reserved.

- Copyright (c) 2002, Dr Brian Gladman, Worcester, UK. All rights reserved.

- Copyright (c) 1995-1998 Eric Young (eay@cryptsoft.com). All rights reserved.

openssl

- Copyright (c) 1998-2011 The OpenSSL Project. All rights reserved.

- Copyright (c) 1995-1998 Eric Young (eay@cryptsoft.com). All rights reserved.

BSD libc

- Copyright (c) 1992-2013 The FreeBSD Project. All rights reserved.

kazmath

- Copyright (c) 2008, Luke Benstead. All rights reserved.

libpthread_workqueue

- Copyright (c) 2011-2012, Joakim Johansson

- Copyright (c) 2010-2012, Mark Heily

- Copyright (c) 2009, Stacey Son

- Copyright (c) 2000-2008, Apple Inc.

libvorbis

- Copyright (c) 2002-2008 Xiph.org Foundation

Kiss FFT

- Copyright (c) 2003-2010 Mark Borgerding. All rights reserved.

Breakpad

- Copyright (c) 2006, Google Inc. All rights reserved.

Skia

- Copyright (c) 2011 Google Inc. All rights reserved.

uriparser

- Copyright (c) 2007, Weijia Song

- Copyright (c) 2007, Sebastian Pipping

libuuid

- Copyright (c) 1996, 1997, 1998 Theodore Ts'o.

JSON

- Copyright (c) 2007-2013 Stig Brautaset. All rights reserved.

SBJSON

- Copyright (c) 2007-2013 Stig Brautaset. All rights reserved.

libdispatch

- Copyright (c) 2008-2011 Apple Inc. All rights reserved.

Facebook SDK

- Copyright 2010-present Facebook

Google Market APK Expansion Library

- Copyright (C) 2012 The Android Open Source Project

JMDNS

- Copyright 2003-2005 Arthur van Hoff, Rick Blair

OpenAL-soft

- Copyright (c) 1999-2010 by authors.

Fixed Point OpenAL-soft

- Copyright (c) 2011 Apportable. All rights reserved.

Foundation

- Copyright (c) 1997-2005 Free Software Foundation, Inc

- Copyright (c) 2011 Apportable. All rights reserved.

libtiff

- Copyright (c) 1988-1997 Sam Leffler

- Copyright (c) 1991-1997 Silicon Graphics, Inc.

FreeType

- Copyright 1996-2002, 2006 by David Turner, Robert Wilhelm, and Werner Lemberg. All rights reserved.

libjpeg

- This software is copyright (c) 1991-2013, Thomas G. Lane, Guido Vollbeding.

Boost

- (c) Copyright 2002, 2009 Robert Ramey - http://www.rrsd.com

- Copyright Vladimir Prus 2004

- (c) Copyright 2004-2009 Robert Ramey, Martin Ecker and Takatoshi Kondo

- Copyright (c) 2004 Robert Ramey, Indiana University (garcia@osl.iu.edu), Andrew Lumsdaine, Indiana University (lums@osl.iu.edu).

- (c) Copyright Michael Glassford 2004

- (c) Copyright 2007 Anthony Williams

- Copyright Douglas Gregor 2001-2004

- Copyright (c) 2004 John Maddock

zlib

- Copyright (c) 1995-2013 Jean-loup Gailly and Mark Adler

minizip

- Copyright (C) 1998-2009 Gilles Vollant

libpng

- Copyright (c) 2004, 2006-2013 Glenn Randers-Pehrson

In addition to Petga's copyrighted components, the Package may include some or all of the following third party software components, which are subject to the following license terms:

I. Cocos2d for iPhone, the GNUstep Objective-C runtime, the ARM-ELF Objective-C runtime, Cocotron, libxml2, libtarga, libexpat, GIFLIB, OpenGL ES, ParseBridge, and SSZipArchive are governed by the MIT license: Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the "Software"), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions: The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software.

II. Libkqueue and Libcurl are governed by the MIT/X license: Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the "Software"), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions:

The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software.

THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.

III. NeuQuant is governed by the NeuQuant license: Any party obtaining a copy of these files from the author, directly or indirectly, is granted, free of charge, a full and unrestricted irrevocable, world-wide, paid up, royalty-free, nonexclusive right and license to deal in this software and documentation files (the "Software"), including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons who receive copies from any such party to do so, with the only requirement being that this copyright notice remain intact.

IV. Apple CFLite, CoreFoundation, Apple XNU, and CommonCrypto are governed by the Apple Public Source License version 2.0: This file contains Original Code and/or Modifications of Original Code as defined in and that are subject to the Apple Public Source License Version 2.0 (the "License"). You may not use this file except in compliance with the License. Please obtain a copy of the License at http://www.opensource.apple.com/apsl/ and read it before using this file. The Original Code and all software distributed under the License are distributed on an "AS IS" basis, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND APPLE HEREBY DISCLAIMS ALL SUCH WARRANTIES, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT. Please see the License for the specific language governing rights and limitations under the License.

V. OpenSSL is governed by the OpenSSL license:

Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:

  1. Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer.
  2. Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution.
  3. All advertising materials mentioning features or use of this software must display the following acknowledgment: "This product includes software developed by the OpenSSL Project for use in the OpenSSL Toolkit. (http://www.openssl.org/)"
  4. he names "OpenSSL Toolkit" and "OpenSSL Project" must not be used to endorse or promote products derived from this software without prior written permission. For written permission, please contact openssl-core@openssl.org.
  5. Products derived from this software may not be called "OpenSSL" nor may "OpenSSL" appear in their names without prior written permission of the OpenSSL Project.
  6. Redistributions of any form whatsoever must retain the following acknowledgment: "This product includes software developed by the OpenSSL Project for use in the OpenSSL Toolkit (http://www.openssl.org/)"

THIS SOFTWARE IS PROVIDED BY THE OpenSSL PROJECT "AS IS" AND ANY EXPRESSED OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE OpenSSL PROJECT OR ITS CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

VI. CommonCrypto and OpenSSL are also governed by the SSLeay license:

This package is an SSL implementation written by Eric Young (eay@cryptsoft.com). The implementation was written so as to conform with Netscapes SSL.

This library is free for commercial and non-commercial use as long as the following conditions are adhered to. The following conditions apply to all code found in this distribution, be it the RC4, RSA, lhash, DES, etc., code; not just the SSL code. The SSL documentation included with this distribution is covered by the same copyright terms except that the holder is Tim Hudson (tjh@cryptsoft.com).

Copyright remains Eric Young's, and as such any Copyright notices in the code are not to be removed. If this package is used in a product, Eric Young should be given attribution as the author of the parts of the library used. This can be in the form of a textual message at program startup or in documentation (online or textual) provided with the package.

Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:

  1. Redistributions of source code must retain the copyright notice, this list of conditions and the following disclaimer.
  2. Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution.
  3. All advertising materials mentioning features or use of this software must display the following acknowledgement: "This product includes cryptographic software written by Eric Young (eay@cryptsoft.com)" The word "cryptographic" can be left out if the routines from the library being used are not cryptographic related :-).
  4. If you include any Windows specific code (or a derivative thereof) from the apps directory (application code) you must include an acknowledgement: "This product includes software written by Tim Hudson (tjh@cryptsoft.com)"

THIS SOFTWARE IS PROVIDED BY ERIC YOUNG "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE AUTHOR OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

VII. BSD libc, Kazmath, and libpthread_workqueue are governed by the two-clause BSD license:

Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:

  1. Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer.
  2. Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution.

THIS SOFTWARE IS PROVIDED BY THE AUTHORS, COPYRIGHT HOLDERS, AND CONTRIBUTORS "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE AUTHORS, COPYRIGHT HOLDERS, OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

VIII. Libvorbis, Kiss FFT, Breakpad, Skia, Uriparser, Libuuid, JSON, and SBJSON are governed by the three-clause BSD license:

Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:

  1. Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer.
  2. Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution.
  3. Neither the name of the [ORGANIZATION] nor the names of its contributors may be used to endorse or promote products derived from this software without specific prior written permission.

THIS SOFTWARE IS PROVIDED BY THE AUTHORS, COPYRIGHT HOLDERS, AND CONTRIBUTORS "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE [*1] ARE DISCLAIMED. IN NO EVENT SHALL THE AUTHORS, COPYRIGHT HOLDERS, OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF [*2] ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

[*1] The Libuuid license here adds the phrase "ALL OF WHICH".

[*2] The Libuuid license here adds the word "NOT".

IX. CommonCrypto is additionally governed by a modified BSD license:

The free distribution and use of this software in both source and binary form is allowed (with or without changes) provided that:

  1. distributions of this source code include the above copyright notice, this list of conditions and the following disclaimer;
  2. distributions in binary form include the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other associated materials;
  3. the copyright holder's name is not used to endorse products built using this software without specific written permission.

ALTERNATIVELY, provided that this notice is retained in full, this product may be distributed under the terms of the GNU General Public License (GPL), in which case the provisions of the GPL apply INSTEAD OF those given above

DISCLAIMER: This software is provided "as is" with no explicit or implied warranties in respect of its properties, including, but not limited to, correctness and/or fitness for purpose.

X. Libdispatch, the Facebook SDK, the Google Market APK Expansion Library, and JMDNS are governed by the Apache License 2.0:

TERMS AND CONDITIONS FOR USE, REPRODUCTION, AND DISTRIBUTION

  1. Definitions. "License" shall mean the terms and conditions for use, reproduction, and distribution as defined by Sections 1 through 9 of this document. "Licensor" shall mean the copyright owner or entity authorized by the copyright owner that is granting the License. "Legal Entity" shall mean the union of the acting entity and all other entities that control, are controlled by, or are under common control with that entity. For the purposes of this definition, "control" means (i) the power, direct or indirect, to cause the direction or management of such entity, whether by contract or otherwise, or (ii) ownership of fifty percent (50%) or more of the outstanding shares, or (iii) beneficial ownership of such entity. "You" (or "Your") shall mean an individual or Legal Entity exercising permissions granted by this License. "Source" form shall mean the preferred form for making modifications, including but not limited to software source code, documentation source, and configuration files. "Object" form shall mean any form resulting from mechanical transformation or translation of a Source form, including but not limited to compiled object code, generated documentation, and conversions to other media types. "Work" shall mean the work of authorship, whether in Source or Object form, made available under the License, as indicated by a copyright notice that is included in or attached to the work (an example is provided in the Appendix below). "Derivative Works" shall mean any work, whether in Source or Object form, that is based on (or derived from) the Work and for which the editorial revisions, annotations, elaborations, or other modifications represent, as a whole, an original work of authorship. For the purposes of this License, Derivative Works shall not include works that remain separable from, or merely link (or bind by name) to the interfaces of, the Work and Derivative Works thereof. "Contribution" shall mean any work of authorship, including the original version of the Work and any modifications or additions to that Work or Derivative Works thereof, that is intentionally submitted to Licensor for inclusion in the Work by the copyright owner or by an individual or Legal Entity authorized to submit on behalf of the copyright owner. For the purposes of this definition, "submitted" means any form of electronic, verbal, or written communication sent to the Licensor or its representatives, including but not limited to communication on electronic mailing lists, source code control systems, and issue tracking systems that are managed by, or on behalf of, the Licensor for the purpose of discussing and improving the Work, but excluding communication that is conspicuously marked or otherwise designated in writing by the copyright owner as "Not a Contribution." "Contributor" shall mean Licensor and any individual or Legal Entity on behalf of whom a Contribution has been received by Licensor and subsequently incorporated within the Work.
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  9. Accepting Warranty or Additional Liability. While redistributing the Work or Derivative Works thereof, You may choose to offer, and charge a fee for, acceptance of support, warranty, indemnity, or other liability obligations and/or rights consistent with this License. However, in accepting such obligations, You may act only on Your own behalf and on Your sole responsibility, not on behalf of any other Contributor, and only if You agree to indemnify, defend, and hold each Contributor harmless for any liability incurred by, or claims asserted against, such Contributor by reason of your accepting any such warranty or additional liability.

XI. OpenAL-soft, Fixed Point OpenAL-soft, and Foundation are governed by the GNU Lesser General Public License:

This program is free software: you can redistribute it and/or modify it under the terms of the GNU Lesser General Public License as published by the Free Software Foundation, either version 3 of the License, or (at your option) any later version.

This program is distributed in the hope that it will be useful, but WITHOUT ANY WARRANTY; without even the implied warranty of MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE. See the GNU Lesser General Public License for more details.

You should have received a copy of the GNU Lesser General Public License along with this program. If not, see .

XII. Libtiff is governed by the following license:

Permission to use, copy, modify, distribute, and sell this software and its documentation for any purpose is hereby granted without fee, provided that (i) the above copyright notices and this permission notice appear in all copies of the software and related documentation, and (ii) the names of Sam Leffler and Silicon Graphics may not be used in any advertising or publicity relating to the software without the specific, prior written permission of Sam Leffler and Silicon Graphics.

XIII. FreeType is governed by the FreeType Project license.

Disclaimer: the software is based in part on the work of the FreeType Team.

XIV. Libjpeg notice:

This software is based in part on the work of the Independent JPEG Group.

XV. Boost is governed by the Boost Software License Version 1.0 - August 17th, 2003

Permission is hereby granted, free of charge, to any person or organization obtaining a copy of the software and accompanying documentation covered by this license (the "Software") to use, reproduce, display, distribute, execute, and transmit the Software, and to prepare derivative works of the Software, and to permit third-parties to whom the Software is furnished to do so, all subject to the following:

The copyright notices in the Software and this entire statement, including the above license grant, this restriction and the following disclaimer, must be included in all copies of the Software, in whole or in part, and all derivative works of the Software, unless such copies or derivative works are solely in the form of machine-executable object code generated by a source language processor.

THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO EVENT SHALL THE COPYRIGHT HOLDERS OR ANYONE DISTRIBUTING THE SOFTWARE BE LIABLE FOR ANY DAMAGES OR OTHER LIABILITY, WHETHER IN CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.

XVI. Zlib and minizip are governed by the terms of the Zlib license:

This software is provided "as-is", without any express or implied warranty. In no event will the authors be held liable for any damages arising from the use of this software.

Permission is granted to anyone to use this software for any purpose, including commercial applications, and to alter it and redistribute it freely, subject to the following restrictions:

  1. The origin of this software must not be misrepresented; you must not claim that you wrote the original software. If you use this software in a product, an acknowledgment in the product documentation would be appreciated but is not required.
  2. Altered source versions must be plainly marked as such, and must not be misrepresented as being the original software.
  3. This notice may not be removed or altered from any source distribution.

(*) Zlib authors:

Jean-loup Gailly Mark Adler
jloup@gzip.org madler@alumni.caltech.edu

XVII. Libpng is governed by the terms of the Libpng license:

libpng versions 1.2.6, August 15, 2004, through 1.6.7beta05, October 26, 2013, are Copyright (c) 2004, 2006-2013 Glenn Randers-Pehrson, and are distributed according to the same disclaimer and license as libpng-1.2.5 with the following individual added to the list of Contributing Authors:

Cosmin Truta

libpng versions 1.0.7, July 1, 2000, through 1.2.5, October 3, 2002, are Copyright (c) 2000-2002 Glenn Randers-Pehrson, and are distributed according to the same disclaimer and license as libpng-1.0.6 with the following individuals added to the list of Contributing Authors:

Simon-Pierre Cadieux, Eric S. Raymond, Gilles Vollant

and with the following additions to the disclaimer:

There is no warranty against interference with your enjoyment of the library or against infringement. There is no warranty that our efforts or the library will fulfill any of your particular purposes or needs. This library is provided with all faults, and the entire risk of satisfactory quality, performance, accuracy, and effort is with the user.

libpng versions 0.97, January 1998, through 1.0.6, March 20, 2000, are Copyright (c) 1998, 1999, 2000 Glenn Randers-Pehrson, and are distributed according to the same disclaimer and license as libpng-0.96, with the following individuals added to the list of Contributing Authors:

Tom Lane, Glenn Randers-Pehrson, Willem van Schaik

libpng versions 0.89, June 1996, through 0.96, May 1997, are Copyright (c) 1996, 1997 Andreas Dilger. Distributed according to the same disclaimer and license as libpng-0.88, with the following individuals added to the list of Contributing Authors:

John Bowler, Kevin Bracey, Sam Bushell, Magnus Holmgren, Greg Roelofs, Tom Tanner

libpng versions 0.5, May 1995, through 0.88, January 1996, are Copyright (c) 1995, 1996 Guy Eric Schalnat, Group 42, Inc. For the purposes of this copyright and license, "Contributing Authors" is defined as the following set of individuals:

Andreas Dilger, Dave Martindale, Guy Eric Schalnat, Paul Schmidt, Tim Wegner

The PNG Reference Library is supplied "AS IS". The Contributing Authors and Group 42, Inc. disclaim all warranties, expressed or implied, including, without limitation, the warranties of merchantability and of fitness for any purpose. The Contributing Authors and Group 42, Inc. assume no liability for direct, indirect, incidental, special, exemplary, or consequential damages, which may result from the use of the PNG Reference Library, even if advised of the possibility of such damage.

Permission is hereby granted to use, copy, modify, and distribute this source code, or portions hereof, for any purpose, without fee, subject to the following restrictions:

  1. The origin of this source code must not be misrepresented.
  2. Altered versions must be plainly marked as such and must not be misrepresented as being the original source.
  3. This Copyright notice may not be removed or altered from any source or altered source distribution.

The Contributing Authors and Group 42, Inc. specifically permit, without fee, and encourage the use of this source code as a component to supporting the PNG file format in commercial products. If you use this source code in a product, acknowledgment is not required but would be appreciated.