SUNSCAPE END USER LICENSE AGREEMENT

1. Agreement.

This End User License Agreement (the “AGREEMENT”) is between Sunscape LLC d/b/a Ecoscape (“SUNSCAPE”), and you (“END USER”). The AGREEMENT between the above noted parties consists of these terms and any exhibits or attachments noted in the AGREEMENT, along with the Terms of Use and Privacy Statement posted on SUNSCAPE’s website at www.ecoscape.app. Together, the foregoing constitutes the entire AGREEMENT between SUNSCAPE and END USER, superseding any and all prior negotiations, correspondence, or agreement, whether written or oral. Any changes to this AGREEMENT must be mutually agreed to in writing. THE END USER’S USE OF THE SUNSCAPE EXTENSION AND/OR SUNSCAPE APP (THE “SOFTWARE”) ALSO INDICATES THE END USER’S CONSENT TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT.

COPYING OR USE OF THE SOFTWARE OR ITS DOCUMENTATION EXCEPT AS PERMITTED BY THIS AGREEMENT IS UNAUTHORIZED AND MAY CONSTITUTE COPYRIGHT INFRINGEMENT UNDER THE LAWS OF THE END USER’S COUNTRY. THE END USER MAY BE LIABLE TO SUNSCAPE FOR DAMAGES, COSTS, ATTORNEYS’ FEES, AND MAY BE SUBJECT TO CRIMINAL PENALTIES.

2. Grant of License.

SUNSCAPE grants the END USER a nonexclusive, nontransferable license to use the Software and its manual and other accompanying material (“Documentation”) with equipment owned by the END USER or under the END USER’s control. The Software is a subscription model for use in 3D modeling applications. You are authorized to view, print, and download content that we expressly offer for download for your personal, informational, and noncommercial purposes only. Unless, and only to the extent that SUNSCAPE provides you with specific authorization in writing, you may not:

(a) copy, distribute, modify, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information or work contained in the Software or on the Sunscape website;

(b) resell or commercially use of the Software or its contents;

(c) collect or use of any product listings, descriptions, or prices;

(d) make any derivative copies of the Software or its contents;

(e) download or copy account information for the benefit of another merchant;

(f) use of data mining, robots, or similar data gathering and extraction tools;

(g) advertise any goods or services on or in connection with the Software or the SUNSCAPE website;

(h) collect or store information about other users, including, but not limited to, login names and passwords;

(i) sell, lease, rent, or provide Sunscape maps to any other person.

(j) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure;

(k) interfere or attempt to interfere with the proper working of the Software or SUNSCAPE website; or,

(l) bypass any measures we may use to prevent or restrict access to the Software or the SUNSCAPE website. Any unauthorized use automatically terminates this license.

Any rights not expressly granted herein are reserved to SUNSCAPE.

License Term: Subject to the terms and conditions of this Agreement, the license to use the Software is on a subscription basis.

A. Subscribers are granted a license term of the period of one (1) year from the date of installation.

B. Trial users are granted a license term for the period of seven (7) days from the date of installation.

C. Certain Internet-enabled technologies, including but not limited to the downloading of additional content and accessing photos and other content, will be limited to the period of valid registration of the license.

3. Additional Restrictions.

The END USER May Not:

A. copy or use the Software or Documentation except as permitted by this Agreement.

B. reverse engineer, decompile, or disassemble the Software except to the extent permitted by law where this is indispensable to obtain the information necessary to achieve interoperability of an independently created program with the Software or with another program and such information is not readily available from SUNSCAPE.

C. distribute, rent, loan, lease, sell, sublicense, or otherwise transfer all or part of the Software, Documentation or any rights granted hereunder to any other person without the prior written consent of SUNSCAPE.

D. alter in any fashion any portion of the licensing system for the purpose of granting additional users access to the Software, including but not limited to altering of memory variables, alteration of data, removal of key settings, hosting the software on services such as Citrix, etc.

E. remove, alter, or obscure any proprietary notices, labels, or marks from the Software or Documentation.

F. modify, translate, adapt, arrange, or create derivative works based on the Software or Documentation for any purpose.

G. export the Software or Documentation in violation of U.S. or other applicable export control laws.

H. alter the date setting on the computer for the purpose of continuing to operate the Software in a Trial fashion beyond the initial trial period.

4. Ownership.

Exclusive ownership and all worldwide rights, title and interest in and to the Software, any Documentation, and any accompanying materials, as well as any copies made by the END USER, shall be vested in SUNSCAPE and its licensors. The structure, organization, and code of the Software are valuable trade secrets of Sunscape. Unauthorized copying of the Software or Documentation, or failure to comply with the above restrictions, will result in automatic termination of this Agreement. This Agreement does not grant the END USER any intellectual property rights other than the limited rights of use pursuant to the terms of this AGREEMENT.

5. General Limited Warranty.

SUNSCAPE warrants that the Software will provide the functions generally described in the Documentation and that the media on which the Software is furnished, if any, and the Documentation accompanying the Software, will be free from defects in materials and workmanship under normal use. EXCEPT FOR THE ABOVE EXPRESS LIMITED WARRANTIES, SUNSCAPE MAKES AND THE END USER RECEIVES NO WARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR IN ANY COMMUNICATION WITH THE END USER, AND SUNSCAPE SPECIFICALLY DISCLAIMS ANY OTHER WARRANTY INCLUDING THE IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. SUNSCAPE DOES NOT WARRANT THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE. The above exclusions may not apply to the END USER as some jurisdictions do not allow the exclusion of implied warranties. In addition to the above warranty rights, the END USER may also have other rights, which vary from jurisdiction to jurisdiction.

6. Disclaimer.

COMPUTER-AIDED DESIGN SOFTWARE AND OTHER TECHNICAL SOFTWARE ARE TOOLS INTENDED TO BE USED BY TRAINED PROFESSIONALS ONLY. THEY ARE NOT SUBSTITUTES FOR THE END USER’S PROFESSIONAL JUDGMENT. COMPUTERAIDED DESIGN SOFTWARE AND OTHER TECHNICAL SOFTWARE ARE INTENDED TO ASSIST WITH THE DESIGN PROCESS AND ARE NOT SUBSTITUTES FOR INDEPENDENT TESTING OF ELEMENTS SUCH AS PRODUCT STRESS, SAFETY, OR UTILITY. DUE TO THE LARGE VARIETY OF POTENTIAL APPLICATIONS FOR THE SOFTWARE, THE SOFTWARE HAS NOT BEEN TESTED IN ALL SITUATIONS UNDER WHICH IT MAY BE USED. SUNSCAPE SHALL NOT BE LIABLE IN ANY MANNER WHATSOEVER FOR THE RESULTS OBTAINED THROUGH THE USE OF THE SOFTWARE. PERSONS USING THE SOFTWARE ARE RESPONSIBLE FOR THE SUPERVISION, MANAGEMENT AND CONTROL OF THE SOFTWARE. THIS RESPONSIBILITY INCLUDES, BUT IS NOT LIMITED TO, THE DETERMINATION OF APPROPRIATE USES FOR THE SOFTWARE AND THE SELECTION OF THE SOFTWARE AND OTHER PROGRAMS TO ACHIEVE INTENDED RESULTS. PERSONS USING THE SOFTWARE ARE ALSO RESPONSIBLE FOR ESTABLISHING THE ADEQUACY OF INDEPENDENT PROCEDURES FOR TESTING THE RELIABILITY AND ACCURACY OF ANY PROGRAM OUTPUT, INCLUDING ALL ITEMS DESIGNED BY USING THE SOFTWARE. 7. Limitation of Liability. IN NO EVENT WILL SUNSCAPE BE LIABLE FOR ANY LOSS OR DAMAGES OF ANY KIND, INCLUDING LOSS OF DATA, LOST PROFITS, COST OF COVER, OR OTHER SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE OR DOCUMENTATION, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY. THIS LIMITATION WILL APPLY EVEN IF SUNSCAPE OR ANY SUNSCAPE RESELLER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. THE END USER ACKNOWLEDGE THAT THE LICENSE FEE REFLECTS THIS ALLOCATION OF RISK. THE ABOVE LIMITATIONS MAY NOT APPLY TO THE END USER BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN SUCH EVENT, THE MAXIMUM AMOUNT OF DAMAGES FOR WHICH SUNSCAPE SHALL BE LIABLE WILL NOT EXCEED THE TOTAL LICENSE FEE PAID BY END USER FOR THE THREE (3) MONTH PERIOD PRECEDING THE ALLEGED DATE OF LOSS.

8. General Provisions.

A. This Agreement shall be governed by the laws of the State of Texas, without reference to conflict-of-laws principles that might cause the law of a different state or country to apply. In the event of any claim, dispute, or cause of action arising out of or relating to this AGREEMENT, the parties agree that exclusive jurisdiction and venue for any such claim, dispute, or cause of action shall be with the federal courts located in Austin, Texas. The prevailing party in a claim, dispute, or cause of action arising out of or relating to this AGREEMENT shall be entitled to recovery of its reasonable attorneys’ fees and costs, including expert fees.

B. This AGREEMENT constitutes the entire agreement between SUNSCAPE and the END USER pertaining to the subject matter set forth herein, and supersedes any other oral or written communications or agreements with respect to the subject matter herein.

C. If any provision of this AGREEMENT is found to be invalid or otherwise unenforceable, the court or arbitration panel shall modify or amend the invalid or unenforceable provisions of the AGREEMENT to the minimum extent necessary to be valid and enforceable and to adhere to the parties’ intentions as set forth herein. In the event that such modification or amendment is not possible, the invalid or unenforceable provision shall be deleted, and the remaining provisions of this AGREEMENT shall continue in force and effect.