Blue Anole End-User License Agreement

THIS END-USER LICENSE AGREEMENT ( “Agreement”) is by and between you, the End-User (“You” or “Licensee”), and Blue Anole, LLC, located at 5900 Balcones Drive, Suite 100, Austin, TX 78731 (“Licensor” or “Company”) (collectively the “Parties”).

1. INTRODUCTION

IMPORTANT: PLEASE READ THIS AGREEMENT CAREFULLY

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS. This agreement controls your purchase and/or use of ALL OR ANY PORTION OF a BIM/CAD software component (“product”) from licensor.

A. BY purchasing and/or USING ALL OR ANY PORTION OF THE product YOU HEREBY ACKNOWLEDGE AND ACCEPT THE TERMS AND CONDITIONS OF THIS AGREEMENT. YOU ACKNOWLEDGE THAT THIS IS A LEGALLY BINDING AGREEMENT BETWEEN YOU (EITHER AN INDIVIDUAL OR on behalf of an ENTITY), THE END-USER, AND COMPANY regarding Your purchase and/or use of THE product, WHICH INCLUDES, but is not limited to, the COMPUTER SOFTWARE, CODE, PRINTED MEDIA, AND ELECTRONIC information underlying and incorporated within the product.

B. YOU AGREE THIS AGREEMENT IS ENFORCEABLE AGAINST YOU AND ANY LEGAL ENTITY THAT OBTAINS THE PRODUCT AND ON WHOSE BEHALF IT IS USED. BY INSTALLING, COPYING, OR OTHERWISE USING THE PRODUCT, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, YOU MAY NOT INSTALL, COPY, DOWNLOAD OR USE THE PRODUCT.

C. YOU AGREE THAT YOUR USE OF THE product ACKNOWLEDGES THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.

2. LICENSE GRANT AND RESTRICTIONS

A. Licensor hereby grants You a non-exclusive, revocable, royalty-free, non-transferable, and non-exclusive license to possess and us a copy of the Product. license to possess and use the Product.

B. License Types:

i. Free Products. For Free Products, the scope of the license granted herein consists of a BIM/CAD Software Component Product or Bundle allowing unlimited number of users.

ii. Single User. For Singler User Products, the scope of the license granted herein is a BIM/CAD Software Component Product or Bundle for a single user.

iii. Multi-User. For Multi-User Products, the scope of the license granted herein is a BIM/CAD Software Component Product or Bundle allowing up to the number of users specified in the product details.

C. You may install and use the Product on a shared computer or concurrently on different computers, and make multiple back-up copies of the Product, provided such back-up copies are solely for Your use according to the terms of this Agreement.

D. Unless provided otherwise in this Agreement or by prior express written consent of Company, you shall not modify, reproduce, resell, create derivative works based upon, and/or distribute any part or portion of the Product.

3. OWNERSHIP

A. Licensor shall retain all worldwide rights, title and interest in and to the Product (including without limitation ownership of all copyrights and other intellectual property rights therein), as well as all right, title and interest in and to its trademarks, service marks, trade names associated with the Product, including any goodwill associated therewith.

B. Under no circumstances shall any provision of this Agreement be understood or deemed to restrict, bar, prohibit, or limit Company’s right to market, sell, distribute, display or otherwise provide access to the Product directly or indirectly anywhere in the world, or enter into contracts, grant licenses or make arrangements with any other party to market, sell, distribute, display or otherwise provide access to the Product anywhere in the world.

C. You shall not sublicense, transfer or assign any right granted herein to any other person or entity.

4. GENERAL

A. The Product is licensed to you, not sold, for use only under the terms and conditions of this Agreement.

B. You hereby acknowledge, understand and agree that the Product is protected by the copyright laws of the United States and international copyright treaties in addition to other intellectual property laws in the United States and throughout the world.

C. You further hereby acknowledge, understand and agree that the terms and conditions of this Agreement will apply to any upgrades, improvements, alterations or modifications of the Product (collectively the “Improvements”), unless such Improvements are accompanied by a separate license.

5. PRODUCT

The term Product as used herein includes, but is not limited to, any code, documents, materials, files, artwork, technical drawings, names, logos, data, or any portion thereof downloaded as a part of this Product, including, but not limited to BIM/CAD Software Components to use in either Autodesk® Revit® BIM (Building Information Modeling) software and/or Autodesk® AutoCAD® CAD (Computer Aided Design) Software such as Revit® Families, Revit® Templates, Revit® Filled Regions, AutoCAD® Blocks, AutoCAD® Hatch Patterns, etc.

6. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS

A. Company has no obligation to offer support services in connection with this Agreement. The Product is licensed as is with no warranties of any kind.

B. You may not transfer any or all of your rights under this Agreement.

7. RESERVATION

ALL RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE RESERVED BY COMPANY.

8. TERM AND TERMINATION

A. This License is effective from the moment you agree to the terms and conditions of this Agreement and begin to download and/or otherwise receive any portion of the Product.

B. You may terminate this Agreement at any time by destroying the Product along with all copies, full or partial, and removing all of its component parties.

C. If, at any time, you fail to comply with or breach any term (or terms) of this Agreement, your rights under this Agreement will AUTOMATICALLY TERMINATE without notice from Company. In such an event, Company is under no obligation to provide notice.

D. Upon termination or expiration of this Agreement, all rights granted herein shall revert to the original owner. You must immediately cease all use of the Product and destroy all remaining copies, including the originally downloaded copy.

9. INTELLECTUAL PROPERTY RIGHTS

A. The Parties hereby agree and acknowledge that Company shall retain all rights, titles, and interest in the Product and to any modifications or Improvements made thereto. You will not obtain any rights in the Product.

B. You acknowledge Company’s exclusive rights in the Product.

C. You acknowledge that the Product is unique and original to Company and that Company is the owner thereof.

D. Unless otherwise permitted by law, You shall not, at any time during or after the effective Term of the Agreement, dispute or contest, directly or indirectly, Company’s exclusive right and title to the Product or the validity thereof.

E. You shall have no rights to duplicate, translate, decompile, reverse engineer, or adapt the Product without Company’s prior written consent, nor shall You attempt to develop any product, service, or Product that contains content of the “look and feel” of the Product, or any portion thereof.

10. ADDITIONAL WARRANTIES AND REPRESENTATIONS OF COMPANY

A. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE PRODUCT IS PROVIDED “AS IS,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND COMPANY AND COMPANY’S AFFILIATES (EXPRESSLY REFERRED TO AS COMPANY FOR PURPOSES OF THIS SECTION ONLY) HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE PRODUCT, 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, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS.

B. COMPANY DOES NOT WARRANT AGAINST INTERFERENCE WITH END-USER’S ENJOYMENT OF THE PRODUCT, THAT THE FUNCTIONS CONTAINED IN THE PRODUCT WILL MEET END-USER’S REQUIREMENTS, THAT THE OPERATION OF THE PRODUCT WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE PRODUCT WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY COMPANY OR A COMPANY-AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY.

C. SHOULD THE PRODUCT PROVE DEFECTIVE, THE END-USER SHALL ASSUME THE ENTIRE COST OF ALL SERVICING, REPAIR OR CORRECTION.

12. DAMAGES

A. UNDER NO CIRCUMSTANCES SHALL EITHER PARTY BE LIABLE TO THE OTHER PARTY FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES (EVEN IF THAT PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING FROM THE USE OF OR INABILITY TO USE THE PRODUCT OR ANY OTHER PROVISION OF THIS AGREEMENT, SUCH AS, BUT NOT LIMITED TO, LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS.

B. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER PARTY MAKES, AND EACH PARTY HEREBY SPECIFICALLY DISCLAIMS, ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE PRODUCT, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND IMPLIED WARRANTIES ARISING FROM THE COURSE OF DEALING OR COURSE OF PERFORMANCE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE DISTRIBUTOR SPECIFICALLY DISCLAIMS ANY WARRANTY REGARDING THE PROFITABILITY OF PRODUCT.

13. INDEMNIFICATION

You will indemnify, defend, and hold harmless Company or its affiliates for any claims, lawsuits, and/or demands against Company or its affiliates arising from Your use of the Product.

14. JURISDICTION AND DISPUTES

This Agreement shall be governed in accordance with the laws of the State of Texas. All disputes under this Agreement shall be resolved by litigation in the courts of San Antonio, Texas, including the federal courts therein and the Parties all consent to the jurisdiction of such courts and hereby waive any jurisdictional or venue defenses otherwise available to it.

15. MODIFICATIONS

This Agreement may not be modified or amended except by written instrument duly executed by both parties.

16. AGREEMENT BINDING ON SUCCESSORS

The provisions of this Agreement shall be binding upon and shall inure to the benefit of the Parties hereto, their heirs, administrators, successors and assigns.

17. SEVERABILITY

If any term, clause or provision hereof is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any other term, clause or provision and such invalid term, clause or provision shall be deemed to be severed from the Agreement.

18. ASSIGNABILITY

Unless otherwise provided by this Agreement, neither party may assign this Agreement or the rights and obligations thereunder to any third party without the prior express written approval of the other party which shall not be unreasonably withheld. Company may assign this Agreement and/or the rights and obligations thereunder as part of a sale or other type of transaction wherein Company conveys its business or assets.

19. SECTION HEADINGS

The section headings contained herein are for convenience in reference and are not intended to define or limit the scope of any provision of this Agreement.