Effective February 12th, 2013. This End-User License Agreement ("Agreement" or "EULA") governs your ("Licensee") use of the "MIB Explorer for Android" software ("Software") provided by Frank Fock ("Licensor"), Maximilian-Kolbe-Str. 10, 73257 Koengen, Germany designed to operate on your device powered by the Android™ operating system provided by Google, Inc. ("Android-powered Device"). The Software is licensed, not sold. You, the end-user of the Software, acknowledge that the Agreement is entered into by and between Frank Fock and you and not with Google, Inc. ("Google"). You also acknowledge that Google has no obligation whatsoever to furnish any maintenance and support services with respect to the Software. Your use of the Software constitutes your acceptance of the terms of this Agreement, which may be amended from time to time by the Licensor. The most recent version of this Agreement shall always be available on the Internet at http://www.mibexplorer.com/app/EULA.txt. Licensor reserves the right to change or modify this Agreement or any other Licensor's policies related to use of the Software at any time, and at its sole discretion, by posting revisions on the Internet at http://www.mibexplorer.com/app. Continued use of the Software and Services following the posting of these changes or modifications will constitute acceptance of such changes or modifications. 1. License. Subject to the terms of this Agreement, Licensor grants to you a nontransferable, nonexclusive, royalty-free, fully paid, worldwide license (without the right to sublicense) to install and use one copy of the Software, in executable object code format only, solely on your Android-powered Device. 2. License Restrictions. You agree to the following license restrictions: (a) to use the Software solely for your personal, noncommercial or evaluation use if the license was granted with a zero license fee; (b) to not duplicate, copy or distribute the Software except as necessary to use it on your Android-powered Mobile Device; (c) to not license, sell, rent, lease, transfer, assign, distribute, host, outsource, disclose or otherwise commercially exploit the Software or make the Software available to any third party; (d) to not copy the written materials accompanying the Software; (e) to not modify, translate, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Software in order to build a similar or competitive product or service; and (f) to preserve all copyright and other proprietary rights notices on the Software and all copies thereof. 3. Copyrights And Trademarks. You acknowledge that no title to the intellectual property in the Software is transferred to you. You further acknowledge that title and full ownership rights to the Software will remain the exclusive property of the Licensor and/or its suppliers, and you will not acquire any rights to the Software, except as expressly set forth above. All title and copyrights in and to the Software (including but not limited to any images, photographs, animations, video, audio, music, text and “applets,” incorporated into the Software), the accompanying printed materials, and any copies of the Software, are owned by the Licensor or its suppliers. This Software is protected by copyright laws, international copyright treaties, other intellectual property laws and treaties. Android™ is a trademark of Google, Inc., registered in the U.S. and other countries. All other trademarks appearing in the Software or Agreement are the property of their respective owners. 4. Updates Or Upgrades To The Software. Licensor is not obligated to provide any updates or upgrades to the Software. 6. No Warranty. You expressly acknowledge and agree that use of the Software is 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 Software is provided "AS IS" and "AS AVAILABLE", with all faults and without warranty of any kind, and Licensor hereby disclaims all warranties and conditions with respect to the Software, 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. Licensor does not warrant against interference with your enjoyment of the Software, that the functions contained in the Software will meet your requirements, that the operation of the Software will be uninterrupted or error-free, or that defects in the Software will be corrected. Licensor assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any communication. Licensor is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the Services or combination thereof, including any injury or damage to users or to any person's computer related to or resulting from using the Licensor's Software. Should the Software prove defective, you assume the entire cost of all necessary servicing, repair or correction. No oral or written information or advice given by Licensor or its authorized representative shall create a warranty. Under no circumstances shall Licensor be responsible for any loss or damage, including personal injury or death, resulting from use of the Software, whether online or offline. Licensor cannot guarantee and does not promise any specific results from use of Licensor's Software. 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. 7. Limitation Of Liability. To the extent not prohibited by law, in no event shall Licensor 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 Software, however caused, regardless of the theory of liability (contract, tort or otherwise) and even if Licensor has been advised of the possibility of such damages. In no event shall Licensor'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 price paid for the Software, if any. The foregoing limitations will apply even if the above stated remedy fails of its essential purpose. 8. Indemnification By You. You agree to indemnify and hold Licensor, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim or demand, including reasonable attorney’s fees, made by any third party due to or arising out of your use of the Software in violation of this Agreement, arising from a breach of this Agreement, any breach in your representations or warranties causes Licensor to be liable to another. 9. Export Control. You may not use or otherwise export or re-export the Software except as authorized by United States law and the laws of the jurisdiction in which the Software was obtained. In particular, but without limitation, the Software may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By using the Software, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use these products for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture or production of nuclear, missiles, or chemical or biological weapons. 10. Injunctive Relief. Licensor has the right to seek injunctive relief to enforce this Agreement or to stop or prevent an infringement of proprietary or other third-party rights. 11. Choice Of Law, Jurisdiction And Venue. You agree that any disputes between Licensor and you shall be resolved under the national law of Germany. You and Licensor agree to submit all disputes to the exclusive jurisdiction of the local court of Stuttgart, Germany. 12. Third-Party Beneficiary. Google is a third-party beneficiary to this Agreement. Upon your acceptance of this Agreement, Google will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary of this Agreement. 13. Section Titles. The section titles in this Agreement are for convenience only and have no legal or contractual effect. 14. Non-Waiver. Licensor's failure to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. 15. Severability. The parties agree that each provision of this Agreement is intended to be construed to be enforceable to the fullest extent possible. If any provision or part of a provision of this Agreement is held to be unlawful, void, or unenforceable, that provision or part of the provision shall be deemed severable from this Agreement and not affect the validity and enforceability of any remaining provisions. 16. Assignment. You may not assign your rights under this Agreement to any third party; Licensor may assign your rights under this Agreement without condition. 17. Product Questions, Comments, Claims And Contact Information. Licensor, not Google, is responsible for addressing any questions, comments or claims relating to the Software and/or your use of the Software. If you have any comments or questions, please contact Licensor at the following e-mail address: support@mibexplorer.com. 18. Termination. The Software license is effective until terminated by you or Licensor. Your rights under this license will terminate automatically without notice from Licensor if you fail to comply with any term(s) of this license. Upon termination of the license, you shall cease all use of the Software, and destroy all copies, full or partial, of the Software. 19. Consent To Use Of Data. You agree that Licensor may collect and use technical data and related information, including but not limited to technical information about your 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 Software. Licensor may use this information, as long as it is in a form that does not personally identify you, to improve its products or to provide services or technologies to you. 20. Notice. All notices and requests required or authorized hereunder, shall be given in writing either by personal delivery to the party to whom notice is given, or by registered or certified airmail, postage prepaid, return receipt requested. The date upon which any such notice is so personally delivered, or if the notice is given by registered or certified airmail, the date upon which it is received as set forth on the returned receipt, shall be deemed to be the date of such notice, irrespective of the date appearing therein. If to Licensor : Frank Fock Maximilian-Kolbe-Str. 10 73257 Koengen Germany Phone: +49 7024 8688230 Fax: +49 7024 8688231 If to You (Licensee): The name and address on Licensee's Purchase order. The address of the parties may be changed by notice given in accordance with this section. 21. Agreement. This Agreement constitutes the entire agreement between you and Licensor regarding the use of the Software and supersedes any prior or contemporaneous understandings and agreements between you and Licensor related to its subject matter.