LICENSE TERMS & CONDITIONS - 3D FROM PHOTOS ASSETS

1. License Terms. Subject to the terms and conditions hereof, Fittingbox hereby grants Customer, during the Term, a personal, non-exclusive, non-transferable, and non-sub-licensable, limited right to use the Vree Platform ("Platform" and "License", respectively).
   
   
2. Restrictions. Customer shall not, and shall not permit any third party, to (a) reverse engineer, reproduce or attempt to find the underlying code of any part of the Platform; (b) exploit, reproduce or modify the Platform or insert any code or Platform, or in any other way manipulate the Platform; (c) circumvent any security or access protection mechanism of the Platform; or (d) provide, allow or grant any third party, including but not limited to affiliates, subsidiaries or otherwise related parties with access, accessibility and/or or use to or of the Platform. To the extent any of the restrictions set forth in this Section 2 is not enforceable under applicable law, Customer shall inform Fittingbox in writing in each instance prior to engaging in such activities. Customer may not use the Platform to provide services that are substantially similar to the services provided by the Platform to any third party. Customer shall not use the Platform in violation of applicable laws or regulations or to circumvent applicable laws and regulations.
   
   
3. Ownership. All intellectual property rights of any kind related to or subsisting in the Platform and any title and interest in and to the Platform, the software that provides the Platform, and related documentation and all enhancements, derivatives, bug fixes or improvements to the foregoing are and shall at all times remain the exclusive property of Fittingbox or, as the case may be, its licensors.
   
   
4. Data License. Customer grants Fittingbox and its licensors a non-exclusive, transferable, perpetual, worldwide, and royalty-free license to use any data, content or information provided by Customer and/or collected for use in, by or in connection with the Platform, including for any analysis of any such information conducted by the Platform and represents that it has the right to provide such data, including, without limitation, any personal data.
   
   
5. Exclusion of Warranty. THE PLATFORM AND THE LICENSE ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTY. FITTINGBOX AND ITS LICENSORS DO NOT MAKE ANY REPRESENTATION OR WARRANTY OF ANY KIND WHATSOEVER (WHETHER EXPRESS, IMPLIED OR STATUTORY), INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. ANY ACTIONS TAKEN BY CUSTOMER BASED ON THE USE OF THE PLATFORM IS AT CUSTOMER'S SOLE RISK AND RESPONSIBILITY. Neither Fittingbox nor its licensor are responsible for any hardware or software not provided by it, directly or indirectly, including any software with which the Platform may interface. 
   
   
6. Indemnification. Customer shall fully defend, indemnify and hold harmless Fittingbox, its licensors and their respective directors, officers, employees, shareholders, customers, affiliated companies and agents from and against any and all liability (including reasonable attorneys' fees and court costs) for any claims, suits, actions, demands or threats of any third party related to or arising out of: (i) use or misuse of the Platform, (ii) any breach or alleged breach by Customer of the terms of this agreement; and (iii) any infringement of a third party's right. Reseller shall give prompt, written notice of any claim to Customer, shall reasonably cooperate with Customer (at Customer's expense), and shall allow Customer the sole right to defend all of the foregoing. Customer shall not settle any such claim without Fittingbox’s prior written consent if such settlement would impose any liability or responsibility on Fittingbox or any of its licensors. Customer shall not admit any fault on behalf of Fittingbox or its licensors. Notwithstanding the foregoing, Fittingbox may be represented in any such suit by counsel of its own choosing at its own expense.
   
   
7. Limitation of Liability. NEITHER FITTINGBOX NOR ITS LICENSORS SHALL BE LIABLE TO CUSTOMER OR ANY THIRD PARTY FOR ANY SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, CONSEQUENTIAL, RELIANCE, OR INDIRECT DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS, LOSS OF USE, BUSINESS INTERRUPTION, OR LOSS OF DATA IN CONNECTION WITH OR ARISING OUT OF THE PERFORMANCE OR USE OF THE PLATFORM, THE LICENSE, OR ANY SERVICES PERFORMED HEREUNDER; FITTINGBOX AND/OR IT'S LICENSOR'S ENTIRE AND AGGREGATE LIABILITY UNDER THIS AGREEMENT OR ANY CAUSE OF ACTION, WHETHER ALLEGED AS A BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, SHALL NOT EXCEED THE AMOUNTS ACTUALLY PAID BY CUSTOMER TO FITTINGBOX HEREUNDER DURING THE TWELVE MONTHS IMMEDIATELY PRECEDING THE DATE OF THE CLAIM OR CAUSE OF ACTION. 
   
   
8. Term and Termination. Term. The term of this agreement will commence on the Effective Date and continue in full force and effect for a period of one year (the "Term"). Either party shall be entitled to terminate this Agreement due to a breach of the other party of any of the terms of this agreement.