THIS SOFTWARE END USER LICENSE AGREEMENT (the “Agreement”) is entered into by and between Candace Crowe, Inc., a Florida
corporation, d/b/a Candace Crowe Design, whose current mailing address is 3452 Lake Lynda Drive, Suite 122, Orlando, Florida 32817
(“CCD”), and (“Licensee”).
1. In consideration of the Licensee’s subscription to BRAG book. Software (the “Software”), as evidenced by Licensee’s execution of the
Order Form signed contemporaneously with the execution of this Agreement, CCD hereby grants to Licensee a nonexclusive right to
use and display the Software on their website. The client understands that any web hosting services require a separate contract with a
web hosting service. CCD does not warrant that the functions contained in these web pages or the Internet website will meet the
client’s requirements or that the operation of the web pages will be uninterrupted or error-free. The entire risk as to the quality and
performance of the web pages and website is with client. In no event will CCD be liable to the client or any third party for any damages,
including any lost profits, lost savings, or other incidental, consequential, or special damages arising out of the operation of or inability
to operate these web pages or website, even if CCD has been advised of the possibility of such damages.
2. RENEWAL OF LICENSE FOR THE SOFTWARE. This Agreement and the license granted hereunder shall automatically renew on the
anniversary date of this Agreement unless CCD receives written notice of termination of this Agreement from Licensee at least thirty
(30) days prior to the anniversary date. The annual fee for the use of the Software is based on the current price list at time of signing.
3. TERM. CCD may terminate this Agreement immediately if Licensee should file for bankruptcy or fail to comply with any term or
condition of this Agreement. In such event, no notice shall be required by CCD to effect such termination. Upon termination of this
Agreement, all rights granted to Licensee under this Agreement shall forthwith terminate and immediately revert to CCD.
4. OWNERSHIP OF SOFTWARE. (a) Licensee acknowledges and understands that CCD is the owner of all right, title, and interest,
including all patent, trademark, and copyright rights therein, to the Software, including all modifications and updates, regardless of the
media or form in which the original disk or copies may exist, and that Licensee, through this Agreement or otherwise, does not acquire
any ownership rights to the Software. Nothing contained in this Agreement is intended to grant to Licensee any intellectual property
rights in the Software. Licensee acknowledges that the Software is entitled to protection under the copyright laws of the United States,
and agrees that it shall not remove any copyright or other proprietary notices from the Software. Licensee further acknowledges that
the existence or lack of a copyright notice shall not cause the Software to be in the public domain or to be other than an unpublished
work with all rights reserved under the copyright laws. (b) Licensee acknowledges that all copyright, patent, trademark, trade secret,
confidential information, and other intellectual and proprietary rights in the Software are, and shall remain, the valuable property of
CCD. Licensee agrees not to sell, assign, lease, license, disclose, give, or otherwise transfer the Software or any copy thereof to any
third party.
5. LIMITED WARRANTY. In no event will CCD be liable to Licensee for damages, whether based on contract, tort, warranty, or other legal
or equitable grounds, including any loss of profits, lost savings, or other incidental or consequential damages arising out of Licensee’s
use or inability to use the Software. The entire risk as to the quality and performance of the Software is with Licensee, who shall be
obligated to test the Software to ensure that it operates in accordance with Licensee’s specifications. Some states do not allow the
exclusion of implied warranties, so the above exclusion may not apply to Licensee. This warranty gives Licensee specific legal rights,
and Licensee may also have other rights that vary from state to state.
6. ACKNOWLEDGEMENT AND ACCEPTANCE OF AGREEMENT; SOFTWARE. (a) Licensee hereby acknowledges that Licensee has had
an opportunity to consult with legal counsel concerning this Agreement and Licensee has fully reviewed this Agreement and
understands its terms. CCD will make every reasonable effort to assure the accuracy of the material produced. However, CCD is not
responsible for the correctness of copy, illustrations, photography, trademarks, nor for obtaining clearances or approvals, all of which is
the responsibility of Licensee. In addition, Licensee shall be responsible for compliance with the Health Insurance Portability &
Accountability Act of 1996 (“HIPAA”) as to any patient information disclosed under the terms of this Agreement. (b) Photography and
illustration rights are determined by the photographers involved in the Project, not CCD. Further, all images and other content and
material provided by Licensee to CCD, including, without limitation, any copyrighted material, trademarks, service marks, logos, and/or
depictions of any kind, does not violate any law or regulation of a governmental body having jurisdiction thereon, or any right of any
third party including, but not limited to, any property or privacy right. In addition, Licensee hereby represents and warrants to CCD that
Licensee has the unrestricted right to use and publish all images and other content furnished by Licensee to CCD, and such use does
not, violate any intellectual property or proprietary rights.
7. ENFORCEMENT OF AGREEMENT. In the event that enforcement of this Agreement becomes necessary, the prevailing party shall be
entitled to recover from the other party, in addition to all other remedies available at law, an amount equal to all costs and expenses
incurred in connection with such enforcement, including reasonable attorney fees at the trial level and in connection with all appellate
proceedings. This Agreement and all instruments or documents related thereto shall be construed in accordance with the laws of the
State of Florida without regard to the conflict of laws principles. In the event of any legal or equitable action arising under this
Agreement, the parties agree that jurisdiction and venue of such action shall lie exclusively within the courts of Florida located in
Orange County, Florida, and the parties specifically waive any other jurisdiction and venue.
8. GENERAL PROVISIONS. The following provisions apply in the construction and interpretation of this Agreement: (i) this Agreement
constitutes the entire agreement and understanding between the parties as to the subject matter hereof, and shall not be amended or
modified in any manner except by an instrument in writing executed by the parties or their respective successors in interest; (ii) any
number of counterparts of this Agreement may be signed and delivered, each of which shall be considered an original and all of which,
together, shall constitute one and the same instrument; (iii) whenever possible, each part of this Agreement shall be interpreted in such
a manner as to be valid under applicable law, and the invalidity or unenforceability of a particular provision of this Agreement shall not
affect the other provisions hereof, and this Agreement shall be construed in all respects as if such invalid or unenforceable provisions
were omitted; (iv) the waiver by CCD of a breach of any provision of this Agreement shall not operate or be construed as a waiver of
any other provision of this Agreement or of any future breach of the provision so waived; and (v) the terms and conditions of this
Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective heirs, personal
representatives, successors, and permitted assigns.