KALEIDOSCOPE LICENSE AGREEMENT

This Agreement is a legal agreement between you (either an individual or legal entity) and Letter Opener GmbH, a limited liability company established and existing under the laws of Austria for the use of the Kaleidoscope application.

The Kaleidoscope application, together with all materials included in or distributed through it (hereinafter collectively: “Kaleidoscope”), is licensed, not sold, to you by Letter Opener GmbH. Letter Opener GmbH reserves all rights not expressly granted to you within this Agreement.

By downloading, installing, copying or otherwise using all or any portion of Kaleidoscope you agree to be bound by the terms of this Agreement. If you do not agree to this Agreement, do not use Kaleidoscope.

You hereby irrevocably waive, also for the benefit of Letter Opener GmbH, a limited liability company established and existing under the laws of Austria, any rights under previous license agreements with Sofa, Sofa B.V. or Hypergiant LLC for Kaleidoscope and unconditionally accept that your license for the use of current and previous copies of the Kaleidoscope software shall be exclusively governed by the terms and conditions of this Agreement.

LICENSE GRANT

Letter Opener GmbH may, at its sole discretion, grant you a Demo License, a Commercial License, an App Store License, a Site License, or a Not for Resale (NFR) License.

If you have not purchased or otherwise rightfully obtained a Commercial License, an App Store License, a Site License, or an NFR License for Kaleidoscope, The Demo License Terms (A) are applicable to your use of Kaleidoscope. The Demo License Terms are also applicable to any usage of Kaleidoscope by you that is not covered under any other licenses you may have.

You have obtained a Commercial App Store License if you purchased Kaleidoscope from the Mac App Store, or if you have otherwise legally obtained a copy of Kaleidoscope from the Mac App Store.

The Commercial License Terms (B) are applicable if you have a Commercial License. The App Store License Terms (C) are applicable if you have an App Store License. The Site License Terms (D) are applicable if you have a Site License. The NFR License Terms (E) are applicable if you have an NFR License.

The General Terms (F) are applicable in all cases.

A. DEMO LICENSE TERMS

Letter Opener GmbH grants you a non-exclusive, non-transferable license to use Kaleidoscope for time-limited evaluation purposes, only in accordance with the terms and conditions set forth herein. You agree not to transfer, assign, rent, lease, sublicense, or lend Kaleidoscope to any other person or entity, except as expressly provided herein, and that any attempt to do so in any other way shall render the license null and void. Kaleidoscope may be used for a period of 14 calendar days from the first time you run Kaleidoscope. Upon lapse of such trial period all of or part of the functionality of Kaleidoscope will be disabled automatically.

Letter Opener GmbH may, at its sole discretion, decide to prolong the trial period and will inform you thereof via www.kaleidoscope.app or by contacting you by email, by phone or in writing. If you wish to use Kaleidoscope after the trial period, you will need to purchase a Commercial License or an App Store License. Letter Opener GmbH may extend to you an expiring license key, in which event such a license key will be considered a means to extend the trial period under The Demo License Terms.

Copies of Kaleidoscope that were downloaded from the Mac App Store are incapable of being used under these terms. To use Kaleidoscope under these terms you will need to obtain a copy from the Kaleidoscope website.

B. COMMERCIAL LICENSE TERMS

Letter Opener GmbH grants you a non-exclusive license to use Kaleidoscope, only in accordance with the terms and conditions set forth herein. You agree not to transfer, assign, rent, lease, sublicense, or lend Kaleidoscope to any other person or entity, except as expressly provided herein, and that any attempt to do so in any other way shall render the license null and void.

B1. SCOPE

This License grants you the right to activate and use Kaleidoscope on either (a) one computer used by multiple people, or (b) several computers, within reasonable limits, used by one and the same person. Letter Opener GmbH may at its sole discretion define and adjust what said reasonable limits amount to. This License does not allow multiple users to use Kaleidoscope on multiple computers.

B2. TRANSFER

You may transfer your Kaleidoscope license rights only once and permanently to another person or legal entity under the conditions that you transfer Kaleidoscope in its entirety, you do not retain a copy of Kaleidoscope or any part thereof yourself and the receiving party reads, agrees with and accepts the terms and conditions of this License Agreement. In some cases, you may need to contact Letter Opener GmbH to complete the transfer.

C. APP STORE LICENSE TERMS

Letter Opener GmbH grants you a non-exclusive license to use Kaleidoscope, only in accordance with the terms and conditions set forth herein. You agree not to transfer, assign, rent, lease, sublicense, or lend Kaleidoscope to any other person or entity, except as expressly provided herein, and that any attempt to do so in any other way shall render the license null and void.

C1. SCOPE

This License grants you the right to use Kaleidoscope on all Mac Products that are owned and/or controlled by you and as permitted by the Usage Rules set forth in the terms of service applicable to the Mac App Store.

C2. TRANSFER

You may not transfer your Kaleidoscope license rights to another person or legal entity.

C3. THIRD PARTY RIGHTS

Apple, Inc. and/or its subsidiaries (hereinafter, collectively: “Apple”) are not responsible for Kaleidoscope in any form or matter. This limitation of responsibility includes but is not limited to: the content of Kaleidoscope, the furnishing of any maintenance and support services; any warranties whether express or implied by law; any claims, losses, liabilities, damages, costs or expenses pertaining to any such warranties; any action, settlement or discharge pertaining to any intellectual property infringement claims pertaining to Kaleidoscope.

C4. THIRD PARTY MEDIATION

In the event Kaleidoscope fails in any way to conform to any applicable warranty, whether express or implied by law, you may notify Apple, and Apple will refund the purchase price for Kaleidoscope to you. Apple is a third party beneficiary to this Agreement. Upon your acceptance of this Agreement, Apple will have the right to enforce it as in said role.

D. SITE LICENSE TERMS

Letter Opener GmbH grants you a non-exclusive license to use Kaleidoscope, only in accordance with the terms and conditions set forth herein. You agree not to transfer, assign, rent, lease, sublicense, or lend Kaleidoscope to any other person or entity, except as expressly provided herein, and that any attempt to do so in any other way shall render the license null and void.

D1. SCOPE

This License does not allow Kaleidoscope to be activated and used on computers that are not either a) owned by you, b) owned by any fully owned subsidiary of you, c) owned by or operated primarily by your employees or employees of any fully owned subsidiary of you. This License furthermore does not allow the use of Kaleidoscope other than for business purposes of your company.

Unless otherwise specified, any Site License you acquire from Letter Opener GmbH is valid only for usage at the business locations listed on your sales order.

To complete Online Activation, additional communication by email or through other channels between you and/or your employees and Letter Opener GmbH may be needed.

D2. TRANSFER

You may not transfer your Kaleidoscope Site License to another person or legal entity unless Letter Opener GmbH, at its sole discretion, grants you the right to perform such a transfer. To request a transfer of your Site License you will have to contact Letter Opener GmbH in writing with details pertaining to said desired transfer, including the name and contact details of the other person or legal entity you wish to transfer your Site License to. Letter Opener GmbH will respond in writing and in a timely manner to communicate its decision regarding said transfer. Any decision communicated to you by Letter Opener GmbH regarding such a requested transfer will be considered final and indisputable. Letter Opener GmbH may contact you a) by email, b) in writing or c) by telephone to request additional details regarding said desired transfer if it deems obtaining more information necessary to come to a decision.

When a requested transfer of your Site License is granted, you may transfer your Kaleidoscope license rights only once and permanently to another person or legal entity under the conditions that you transfer Kaleidoscope in its entirety, you do not retain a copy of Kaleidoscope or any part thereof yourself and the receiving party reads, agrees with and accepts the terms and conditions of this License Agreement, and the other person or legal entity is the same party that Letter Opener GmbH has granted you the right to transfer your license rights to.

E. NFR LICENSE TERMS

Letter Opener GmbH grants you a non-exclusive, non-transferable license to use Kaleidoscope for evaluation, promotional and/or review purposes, only in accordance with the terms and conditions set forth herein. You agree not to transfer, assign, rent, lease, sublicense, or lend Kaleidoscope to any other person or entity, except as expressly provided herein, and that any attempt to do so in any other way shall render the NFR License null and void. If you wish to use Kaleidoscope for other than the stated purposes, you need to purchase a Commercial License to use Kaleidoscope. Letter Opener GmbH may, at its sole discretion, decide to extend your allowed usage of Kaleidoscope beyond the stated uses and will inform you thereof via www.kaleidoscope.app or by contacting you by email, by phone or in writing.

E1. SCOPE

This License grants you the right to activate and use Kaleidoscope on either (a) one computer used by multiple people, or (b) several computers, within reasonable limits, used by one and the same person. Letter Opener GmbH may at its sole discretion define and adjust what said reasonable limits amount to. This License does not allow multiple users to use Kaleidoscope on multiple computers.

E2. TRANSFER

You may not transfer your Kaleidoscope license rights to another person or legal entity. If you know of anyone else who should obtain an NFR License for Kaleidoscope, please contact Letter Opener GmbH through the applicable sections of www.kaleidoscope.app.

F. GENERAL TERMS

F1. COPYRIGHT AND RESTRICTIONS

Copyright and other intellectual, industrial and/or proprietary rights to Kaleidoscope and to any whole or partial copies that you make are owned by Letter Opener GmbH or its licensors. You agree not to modify, adapt, translate, reverse engineer, decompile, disassemble, or otherwise attempt to reveal the inner workings or modify the functionality of Kaleidoscope except where explicitly allowed in the terms of this Agreement. You agree not to remove any label indicating that Kaleidoscope is the subject of copyright and other intellectual, industrial or proprietary rights of Letter Opener GmbH and/or third parties. You may not redistribute Kaleidoscope or any part thereof. You agree not to purchase Kaleidoscope licenses for the purpose of reselling and/or distributing them, unless prior written agreement from Letter Opener GmbH is granted.

F2. LIMITATION OF LICENSE VALIDITY

Any License to use Kaleidoscope granted to you under this Agreement is limited to the current major release of Kaleidoscope exclusively. Letter Opener GmbH will at its sole discretion decide when a version of Kaleidoscope will be considered a new major release. Letter Opener GmbH reserves the right to change the terms of this agreement in any future major or minor release of Kaleidoscope.

F3. ADDITIONAL SERVICES

Fees may apply for additional services and products offered by Letter Opener GmbH and others, including, but not limited to, services that integrate with Kaleidoscope or extend the functionality of Kaleidoscope.

F4. WARRANTIES

Letter Opener GmbH does not warrant that Kaleidoscope operates on the computer you intend Kaleidoscope to be used on and you shall be solely responsible for obtaining a computer compatible with Kaleidoscope. Letter Opener GmbH is providing you Kaleidoscope on an ‘as-is’ basis without warranty of any kind. Letter Opener GmbH does not and cannot warrant the performance or results you may obtain using Kaleidoscope, or that Kaleidoscope operates error free.

F5. HEALTH WARNING

If you or anyone in your family has experienced symptoms linked to an epileptic condition (e.g. a seizure or loss of awareness), immediately consult your physician before using Kaleidoscope. If you experience dizziness, altered vision, eye or muscle twitching, involuntary movements, loss of awareness, disorientation, and/or convulsions, stop using Kaleidoscope immediately and consult your physician.

F6. LIMITATION OF LIABILITY

To the maximum extent permitted by applicable law, Letter Opener GmbH is not liable to you or to any third party for any damages, either direct, indirect, incidental, consequential or otherwise – including in each case, but not limited to damages rising from inability to use Kaleidoscope or access data, loss of data, loss of business, loss of profits, business interruptions or the like – arising out of the use or inability to use Kaleidoscope even if Letter Opener GmbH has been advised of the possibility of such damages. Notwithstanding the above, or anything else contained in this Agreement, neither party’s liability for death or personal injury resulting from its own negligence shall be limited. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.

F7. INFRINGEMENT

If Kaleidoscope is, or in Letter Opener GmbH's opinion is likely to become, the subject of a claim of infringement, Letter Opener GmbH shall have the right, without obligation and at its sole discretion, to: (i) procure for you the right to continue to use Kaleidoscope; (ii) replace or modify Kaleidoscope In such a way as to make the modified Kaleidoscope non-infringing; or (iii) terminate this Agreement. The foregoing states Letter Opener GmbH's and its subsidiaries entire liability and obligation to you and your sole remedy with respect to any actual or alleged infringement of intellectual property rights of any kind.

F8. TECHNICAL AND RELATED INFORMATION

Letter Opener GmbH and its subsidiaries may collect and use technical and related information, including but not limited to technical information concerning your computer, system and application software. Letter Opener GmbH does not collect (a) any information that identifies your work, (b) any file names or file contents of anything you work on using Kaleidoscope. Letter Opener GmbH and its subsidiaries are free to use the collected information in any form that does not personally identify you.

F9. PERSONAL INFORMATION

This article is not applicable under the App Store License terms.

Letter Opener GmbH may render this License Agreement null and void if it finds that the personal information you submitted during online activation or when buying Kaleidoscope is incorrect, inaccurate or outdated. It is your sole responsibility to keep Letter Opener GmbH informed of any changes in your personal information. To do so, contact Letter Opener GmbH through the appropriate sections of www.kaleidoscope.app or, where possible, from within Kaleidoscope itself. Letter Opener GmbH may require you to verify any changes to personal information.

Letter Opener GmbH may use your personal information to validate your personal license rights, to contact you with information related to Kaleidoscope and, if you acquired your Kaleidoscope license through a reseller, to communicate with said reseller regarding your purchase. Letter Opener GmbH may share your information with its licensors within reason.

F10. PRIVACY

Letter Opener GmbH will not sell or in any way license usage of your personal information to third parties.

F11. ONLINE ACTIVATION

This article is not applicable under the App Store License terms.

The Kaleidoscope Software requires online activation in order to use it under the Commercial, Site and/or NFR License Terms. If you do not activate your copy of Kaleidoscope, all of or part of the functionality of your copy of Kaleidoscope will disable automatically 30 days after you first run it. Letter Opener GmbH may at its sole discretion decide to adjust the exact technical conditions under which unactivated Kaleidoscope copies cease to work.

You are required to submit personal information during online activation. You need an active, functional internet connection to activate your copy of Kaleidoscope. Your licensed use of Kaleidoscope is bound to the computer(s) you used to complete activation. You may need to reactivate your copy of Kaleidoscope after replacing the logic board or otherwise changing the hardware configuration of your computer. You may need to contact Letter Opener GmbH to complete reactivation.

F12. THIRD PARTY SOFTWARE LICENSES

Kaleidoscope may make use of third party software. Notwithstanding the foregoing, use of some third party materials included in Kaleidoscope Software may be subject to other terms and conditions. The official copyright notices and specific license conditions of this third party software are to be found are to be found via the “About” window of Kaleidoscope or can be emailed to you upon request. You hereby agree to the terms and conditions for such third party software.

F13. TERM AND TERMINATION

This Agreement is effective until terminated. Without prejudice to any other rights, Letter Opener GmbH may immediately terminate this Agreement if you fail to comply with any of the terms and conditions set out in this Agreement. In such event you must cease all use of Kaleidoscope and delete all copies of Kaleidoscope that are in your possession.

F14. ENTIRE AGREEMENT

Your delivery and payment conditions or any other general or special conditions shall not apply. This Agreement is the entire agreement between you and Letter Opener GmbH relating to Kaleidoscope and supersedes all prior oral or written communications and representation with respect to Kaleidoscope or any other subject matter covered by this Agreement.

F15. SEVERANCE

If any of the provisions of this Agreement is held to be void, unenforceable or illegal, the other provisions shall continue in full force and effect. The affected provision will be construed as limited to the extent necessary to be consistent with and fully enforceable under the applicable law.

F16. EXPORT CONTROLS

You agree not to export, reexport or use Kaleidoscope except as explicitly authorized by United States law and the laws of the jurisdiction in which you obtained your Kaleidoscope license. If you purchased or use Kaleidoscope in the United States, you may not export or re-export Kaleidoscope to any U.S. embargoed country or to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or U.S. Department of Commerce’s Denied Persons List or Entity List. By using Kaleidoscope, 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 Kaleidoscope 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.

F17. U.S. GOVERNMENT END USERS

Kaleidoscope is being licensed to U.S. Government end users only as Commercial Computer Software, and with only the exact same rights granted to all other end users in the terms and conditions of this Agreement. All unpublished rights are reserved under the Copyright laws of the United States, and International copyright treaties and other relevant agreements.

F18. APPLICABLE LAW

This Agreement is governed by Austrian law or at Letter Opener GmbH’s sole discretion the law of any court which may have jurisdiction. This License shall not be governed by the UN Convention on contracts for the international sale of goods. You agree that Letter Opener GmbH, at its sole discretion, may elect to bring legal action regarding any dispute arising from or in connection with this Agreement before the courts of Klagenfurt, the Austria, or in any court in any country which may have jurisdiction and you herewith irrevocably and unconditionally submit to the exclusive jurisdiction of the courts chosen by Letter Opener GmbH.

F19. QUESTIONS

If you have any questions concerning this Agreement, or questions, complaints or claims regarding Kaleidoscope, please contact Letter Opener GmbH through the appropriate sections of www.kaleidoscope.app.