Terms of Service

Last updated June 29, 2026.

This Morpholio Terms of Service (“Agreement”) is a binding agreement between you (“End-User,” “you,” “your”) and Vectorworks, Inc., (“Company”). This Agreement governs: (i) your access and use of the Company website (“Website”); and (ii) your access and use of the Morpholio branded applications and software solutions, which include, but are not limited to, Morpholio Trace, Morpholio Exhibit, Morpholio Board, and Morpholio Journal also referred to as Trace, Exhibit, Board, and Journal, respectively (“Products” and together with the Website and all related services and documentation, the “Services”b).

Your Agreement with the Company also incorporates Morpholio’s Usage Guidelines (“Guidelines”) and Privacy Policy, available within the applicable Product or on the Website, together with any Legal Notices applicable to the Services (collectively, the “Additional Terms”). Where Additional Terms apply to a Service, they will be made available for your review either within the Service or through your use of the Service.

BY USING THE SERVICES, YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT; (B) REPRESENT THAT YOU ARE OF LEGAL AGE TO ENTER INTO A BINDING AGREEMENT; AND (C) ACCEPT THIS AGREEMENT AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE SERVICES.

You must be at least 13 years old to access or use the Services. If an End-User is under 18 years of age, the End-User may use the Services only under the direct supervision of a parent, legal guardian, or other authorized adult who agrees to be bound by this Agreement. The Services may integrate Solar Positioning Features by using The Solar Position Algorithm (SPA) which has been developed and provided by Alliance for Sustainable Energy, LLC, Department of Energy contract-operator of the National Renewable Energy Laboratory (NREL). Your use of any Solar Positioning features within the Services is also subject to the acceptance of the terms of The National Renewable Energy Laboratory (NREL) and Alliance for Sustainable Energy, LLC, Department of Energy contract-operator of the National Renewable Energy Laboratory (“Alliance”). By using any Solar Positioning Features in the Services, you are also agreeing to abide by the NREL data disclaimer here https://www.nrel.gov/disclaimer.html.

Language of the Terms. Where Company has provided you with a translation of the English language version of the Agreement, then you agree that the translation is provided for your convenience only and that the English language versions of the Agreement will govern your relationship with Company. If there is any contradiction between what the English language version of the Agreement says and what a translation says, then the English language version shall take precedence.

License Grant. Subject to the terms of this Agreement, Company grants you a limited, revocable, non-exclusive, and nontransferable license to use the Services.

License Restrictions. Except as may be expressly permitted by applicable law or expressly authorized by this Agreement, you shall not:
- (a) copy the Products or Website, except as expressly permitted by this Agreement;
- (b) modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, of the Products or Website;
- (c) reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the Products, Website, or any part thereof;
- (d) remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the Products or Website, including any copy thereof;
- (e) rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the Products or Website, or any features or functionality of the Products or Website, to any third party for any reason, including by making the Products or Website available on a network where it is capable of being accessed by more than one device at any time;
- (f) use any robot, spider, or other automatic device, process, or means to access the Products or Website for any purpose, including monitoring or copying any of the material on the Products or Website;
- (g) use any manual process to monitor or copy any of the material on the Products or Website, or for any other purpose not expressly authorized in this Agreement, without Company's prior written consent;
- (h) frame, mirror, or otherwise incorporate the Products, Website, or any portion of the Products or Website as part of any other mobile application, website, or service;
- (i) use the Products or Website in any manner that could disable, overburden, damage, or impair the Products or Website, or interfere with any other party's use of the Products or Website;
- (j) remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the Products or Website;
- (k) collect or harvest any personally identifiable information from the Services, nor to use the communication systems provided by the Services (including comments and email) for any commercial solicitation purposes; or
- (l) solicit, for commercial purposes, any users of the Services with respect to their Content.

Data Transmissions. You acknowledge and agree that while Company may not currently have set a fixed upper limit on the number of data transmissions (including but not limited to user-generated digital collections and comments) that you may send or receive through the Services or on the amount of storage space used for the provision of any Service, such fixed upper limits may be set by Company at any time, at Company's discretion.

Account Security.
- (a) Company cares about the security of our users. While we work to protect the security of your User-Generated and Third-Party Content and account, Company cannot guarantee that unauthorized third parties will never be able to defeat our security measures. You are responsible for maintaining the confidentiality and security of your account credentials, including your login and password, and for all activities conducted through your account. You agree not to permit any third party to access or use the Services through your account. We encourage you to use strong passwords, including a combination of upper- and lower-case letters, numbers, and symbols. If you become aware of or reasonably suspect any security breach, including any loss, theft, or unauthorized use or disclosure of your password or account credentials, you must immediately notify us through the support page available here.
- (b) By creating your account and providing your email address you consent to Company using the email address to send you support and Service-related notices, including any notices required by law, in lieu of communication by postal mail. In addition, Company may also use your email address to send you other messages, such as support responses, changes to features of the Services, community announcements and unique offers. If you do not want to receive such email messages, you may opt out. Opting out may prevent you from receiving email messages regarding updates, improvements, or offers.

Reservation of Rights. You acknowledge and agree that the Service is provided under license, and not sold, to you. You do not acquire any ownership interest in the Service under this Agreement, or any other rights thereto other than to use the Service in accordance with the license granted, and subject to all terms, conditions, and restrictions, under this Agreement. Company and its licensors reserve and shall retain their entire right, title, and interest in and to the Service, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you in this Agreement.

Use of the Website. As a condition of your use of the Services, you represent and warrant that all information supplied by you through the Services is true, accurate, current, and complete. We retain the right at our sole discretion to deny access to anyone to this Services we offer, at any time and for any reason, including, but not limited to, for violation of this Agreement.

Collection and Use of Your Information. You acknowledge that when you use the Service, Company may use automatic means to collect information about the mobile device owned or otherwise controlled by you (“Mobile Device”) and about your use of the Service. You also may be required to provide certain information about yourself as a condition to using the Service or certain of its features or functionality, and the Service may provide you with opportunities to share information about yourself with others. All information we collect through or in connection with this Service is subject to our Privacy Policy. By using and providing information to or through this Service, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

Content and Features. Certain products, services, features, functionality, and content may be accessible to you on the Website or through the Products (collectively, “Content and Features”). Your access to and use of such Content and Features are governed by this Agreement and Privacy Policy. Your access to and use of such Content and Features may require you to acknowledge your acceptance of such Privacy Policy and/or to register with the Website, and your failure to do so may restrict you from accessing or using certain of the Website features and functionality.

User-Generated Content.
- (a) You should be aware that content presented to you as part of the Services, including, but not limited to, user-generated content, shared digital collections, advertisements, and sponsored content within the Services (“User-Generated and Third-Party Content”) may be protected by intellectual property rights which are owned by other users, the sponsors, or advertisers who provide that content to Company (or by other persons or companies on their behalf). You may not modify, rent, lease, loan, sell, distribute or create derivative works based on such User-Generated and Third-Party Content (either in whole or in part) unless you have been specifically notified, in writing, that you may do so by Company or by the owners of that Content, in a separate agreement.
- (b) Company reserves the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or all User-Generated and Third-Party Content from any Service at its sole discretion and for its own reasons which do not need to be justified to you or any other entity.
- (c) You understand that by using the Services you may be exposed to User-Generated and Third-Party Content that you may find offensive, indecent or objectionable and that, in this respect, you use the Services at your own risk. In addition, Company is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User-Generated and Third-Party Content. You further understand and acknowledge that you may be exposed to User-Generated and Third-Party Content that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Company with respect thereto, and, to the extent permitted by applicable law, agree to indemnify and hold harmless Company, affiliates, licensors, and licensees to the fullest extent allowed by law regarding all matters related to your use and access to such User-Generated and Third-Party Content.
- (d) You agree that you are solely responsible for (and that Company has no responsibility to you or to any third party for) any User-Generated and Third-Party Content that you create, transmit or display while using the Services and for the consequences of your actions (including any loss or damage which Company, or other parties, may suffer) by doing so. Company does not endorse any User-Generated and Third-Party Content submitted to the Services by any user or other licensor, or any opinion, recommendation, or advice expressed therein, and Company expressly disclaims any and all liability in connection with such User-Generated and Third-Party Content.
- (e) You shall not download any User-Generated and Third-Party Content unless you see a “download”, “print”, or similar link, either written or graphic, displayed by Company on the Services for that User-Generated and Third-Party Content. You shall not copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any User-Generated and Third-Party Content for any purpose without the prior written consent of Company or the respective licensors of the User-Generated and Third-Party Content unless specifically authorized to do so via a “download”, “print”, “share”, “send”, “email” or similar action link, either written or graphic on the Services for that User-Generated and Third-Party Content. Company and its licensors reserve all rights not expressly granted in and to the Services and the User-Generated and Third-Party Content.
- (f) Company reserves the right to decide whether User-Generated and Third-Party Content violates this Agreement, such as, but not limited to, pornography, obscenity, excessive length, or non-approved commercial use. Company may at any time, without prior notice and in its sole discretion, remove such User-Generated and Third-Party Content and/or terminate a user's account. However, Company is in no way responsible for maintaining, monitoring, inspecting, or otherwise overseeing the User-Generated and Third-Party Content of any of the users for any purpose, including applicability with any laws within any jurisdiction. This is solely the responsibility of the End-User.
- (g) It is acknowledged that any End-Users that are providing User-Generated and Third-Party Content to Company for use within the Morpholio Board application are doing so under the following conditions and understanding:
  - (i) the individual providing such User-Generated and Third-Party Content is an authorized representative of his or her company, business, association, organization, or other entity and has the requisite authority within that company, business, association, organization or other entity to provide such User-Generated and Third-Party Content to Company for Company’s use in the Morpholio branded Products and Services, including those for commercial use and commercial or financial gain;
  - (ii) all User-Generated and Third-Party Content provided to Company is done so without any anticipation of compensation, direct or otherwise, and Company is under no obligation to provide any compensation of any kind related to the use of this User-Generated and Third-Party Content;
- (h) You acknowledge that you have full rights, including copyrights, for any images, materials, texts, graphics or other User-Generated and Third-Party Content that you post to, upload, or otherwise provide, submit, or use with any Services. You agree that Company will in no way be liable or accountable, in any way, including third party copyright or patent infringement, for any materials that you use, manipulate or provide with or on Products.
- (i) You acknowledge that by using the Products, you may be sharing your images, graphics, text or any other User-Generated and Third-Party Content with other third parties if you invite them or give them access to your User-Generated and Third-Party Content or if you post your User-Generated and Third-Party Content in any public forum that may be available as part of the Products. Otherwise, access to User-Generated and Third-Party Content will be available and viewable only to you.
- (j) You also acknowledge that certain Products and Content and Features, such as, but not limited to, “Printables”, “Pinup”, “Morpholio Trace” “Morpholio Board” “Morpholio Journal” or “Morpholio Exhibit”, may allow third parties to view, transmit or print User-Generated and Third-Party Content that you have posted in a publicly accessible forum. In such cases, you acknowledge that individuals who use your User-Generated and Third-Party Content may not provide credit or acknowledgement to you of your User-Generated and Third-Party Content.
- (k) With the exception of User-Generated and Third-Party Content that has been specifically provided to Company for use within the Morpholio Board and Morpholio Journal applications, Company will not use your User-Generated and Third-Party Content for any commercial gain or commercial purposes, with the possible exception of User-Generated and Third-Party Content that has been posted on a public forum, or which has been expressly given to Company for its commercial or promotional use, which may be used by Company only for inclusion in advertisements, demonstrations, tutorials, or other promotional materials for Company products and services. You acknowledge that in such cases your images, graphics, texts, or any other works may ultimately be displayed or used by other third parties or third party media in reference to Company products and services and that when used by another party, that party may or may not provide credit or acknowledgement of your content.
- (l) The Services may include Shared Content and use of Apple SharePlay. Morpholio is committed to providing a positive experience to all End-Users who share User-Generated and Third-Party Content or use Apple SharePlay while integrating Services. In doing that, End-Users agree to follow all Guidelines and Agreement terms associated with these Services. When using any Shared Content features or Services in SharePlay, you must comply with all applicable laws, including federal, state, and local laws, the laws of your jurisdiction, and laws regarding the transmission of technical data.
- (m) If you show confidential or private information while using Apple SharePlay, it will be seen by others in the SharePlay. Before you share User-Generated and Third-Party Content or before your SharePlay is active, remove any personal, confidential or sensitive information you do not want viewed.
- (n) You agree that you are solely responsible for any and all User-Generated and Third-Party Content sent or transmitted by you or uploaded or displayed by you in using the Services and for compliance with all laws pertaining to the User-Generated and Third-Party Content, including, but not limited to, laws requiring you to obtain the consent of a third party to use the User-Generated and Third-Party Content and to provide appropriate notices of third party rights. You represent and warrant that you have the right to upload the User-Generated and Third-Party Content in the Services and that such use does not violate or infringe on any rights of any third party. Under no circumstances will Company be liable in any way for any (a) User-Generated and Third-Party Content that is transmitted or viewed while using the Services, (b) errors or omissions in the User-Generated and Third-Party Content, or (c) any loss or damage of any kind incurred as a result of the use of, access to, or denial of access to User-Generated and Third-Party Content.
- (o) By sharing User-Generated and Third-Party Content in the Services or by using Services with SharePlay you agree not to:
  - (i) defame, threaten, harass, stalk or defraud any person or entity or violate copyright, trademark, or other intellectual property laws and rights;
  - (ii) send, display, share, receive, or store obscene or inappropriate content;
  - (iii) promote, advertise, endorse, or market, directly or indirectly, any third-party commercial products, services, solutions, or other technologies;
  - (iv) attempt to store, collect, or publish personally identifiable information of a third-party;
  - (v) send or distribute deceptive or false source-identifying information, including “spoofing” or “phishing;”
  - (vi) engage in or promote any illegal or criminal activity such as child pornography, gambling, or piracy;
  - (vii) distribute unwanted, unsolicited, or harassing mass communication, email or other messages, promotions, advertising, or solicitations (“spam”);
  - (viii) interfere with, disable, disrupt, circumvent, or otherwise violate the security of the Services;
  - (ix) interfere with, attack, abuse, intercept, disrupt, or exploit any users, systems, or services, regardless of how accomplished and notwithstanding anything to the contrary in this Agreement, including but not limited to Denial of Service (DoS), spamming, monitoring, crawling, using bots or scripts, or distributing malware (such as viruses, Trojan horses, worms, spyware, or adware);
  - (x) authorize, enable, permit, induce, or encourage any third party to do any of the above; and
  - (xi) other than the limited license set forth herein, Company acknowledges and agrees that it obtains no right, title or interest from you under this Agreement in or to any User-Generated and Third-Party Content that you submit, post, transmit or display on, or through, the Services, including any intellectual property rights which subsist in that User-Generated and Third-Party Content (whether those rights happen to be registered or not, and wherever in the world those rights may exist). Unless you have agreed otherwise in writing with Company, you agree that you are responsible for protecting and enforcing those rights and that Morpholio has no obligation to do so on your behalf.

Content License from You.
- (a) You retain ownership of all copyright and other intellectual property rights you hold in any User-Generated Content or Third-Party Content that you submit, post, upload, transmit, or otherwise make available through the Services. By submitting, posting, or displaying such content through the Services, you grant Company a worldwide, perpetual, irrevocable, non-exclusive, royalty-free, fully paid, sublicensable, and transferable license to use, reproduce, host, store, copy, modify, adapt, publish, display, distribute, create derivative works from, and otherwise exploit such User-Generated Content and Third-Party Content, in connection with the marketing, advertising, promotion, and improvement of the Services and Company’s business. You acknowledge and agree that Company may continue to retain, use, reproduce, copy, modify, adapt, publish, display, distribute, and feature copies or images of such content in promotional, marketing, archival, or historical materials even after the content has been removed or deleted from the Services. You understand that Company, in performing the required technical steps to provide the Services to our users, may (a) transmit or distribute your User-Generated Content or Third-Party Content over various public networks and in various media; and (b) make such changes to your User-Generated Content or Third-Party Content as are necessary to conform and adapt that Content to the technical requirements of connecting networks, devices, services or media. You agree that the license provided in this Section shall permit Company to take these actions. In addition, you represent and warrant to Company that you have all the rights, power and authority necessary to grant the license in this Section.
- (b) You agree that User-Generated Content or Third-Party Content you submit to the Services will not contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless you have written permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant Company all of the license rights granted herein. Company will remove User-Generated Content or Third-Party Content if properly notified that such User-Generated Content or Third-Party Content infringes on another's intellectual property rights. Company reserves the right to remove User-Generated Content or Third-Party Content without notice. You further agree that you will not submit to the Services any User-Generated Content or Third-Party Content that is contrary to the Guidelines, currently found at: https://www.morpholioapps.com/guidelines/, which may be updated from time to time, or contrary to applicable local, national, and international laws and regulations.

Geographic Restrictions. The Content and Features are based in the United States, (“Permitted Regions”) and provided for access and use only by persons located in the Permitted Regions. You acknowledge that you may not be able to access all or some of the Content and Features outside of the Permitted Regions and that access thereto may not be legal by certain persons or in certain countries. If you access the Content and Features from outside the Permitted Regions, you are responsible for compliance with local laws.

Updates. Company may from time to time in its sole discretion develop and provide Service updates, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, “Updates”). Updates may also modify or delete in their entirety certain features and functionality. You agree that Company has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality.

Third-Party Materials and Advertisements. The Services may display, include, or make available third-party content or provide links to third-party websites or services, including through third-party advertising (“Third-Party Materials”). You acknowledge and agree that Company is not responsible for Third-Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. Company does not assume and will not have any liability or responsibility to you or any other person or entity for any Third-Party Materials. Third-Party Materials and links thereto are provided solely as a convenience to you, and you access and use them entirely at your own risk and subject to such third parties' terms and conditions.

Term and Termination.
- (a) The term of Agreement commences when you begin using the Products or Services and will continue in effect until terminated by you or Company as set forth in this Section 15 (“Term”). Terminating your Company account and terminating your Subscription managed through a third-party application store are separate and unique processes. If you wish to terminate your Subscription, please refer to the “Purchases and Subscriptions” Section in this Agreement. Your obligation under the Agreement will continue to apply until terminated by you or Company as set out below in this Agreement. In addition, all continued use of the Services regardless of account termination or status will remain is subject to the terms of this Agreement.
- (b) If you wish to terminate your account or Subscription for any Product, you may do so using the termination, cancellation, account deletion, or subscription management process made available for the applicable Product. Depending on the Product, this process may include: (i) cancellation through the applicable app store or third-party marketplace; (ii) account settings or subscription management features within the Product or your account; or (iii) submitting a termination request or account deletion request through the support page.
- (c) Company may terminate this Agreement at any time, for any reason, without notice, including, without limitation, if it ceases to support the Service (which Company may do in its sole discretion), or if you violate any of the terms and conditions of this Agreement.
- (d) Upon termination:
  - (i) all rights granted to you under this Agreement will also terminate;
  - (ii) you must cease all use of the Services; and
  - (iii) all of the legal rights, obligations, and liabilities that you and Company have benefited from or been subject to (or which have accrued over time whilst the Agreement has been in force) which are expressed to continue indefinitely, shall be unaffected by this cessation and shall continue to apply.
- (e) Termination will not limit any of Company's rights or remedies at law or in equity.

Disclaimer of Warranties. THE INFORMATION PUBLISHED ON THIS WEBSITE OR OTHERWISE PROVIDED THROUGH THE SERVICES MAY INCLUDE INACCURACIES OR ERRORS. THE COMPANY, ITS SUBSIDIARIES AND CORPORATE AFFILIATES (COLLECTIVELY, THE “VECTORWORKS COMPANIES”) DO NOT GUARANTEE THE ACCURACY OF AND DISCLAIM ALL LIABILITY FOR ANY ERRORS OR OTHER INACCURACIES RELATING TO THE INFORMATION DISPLAYED ON THIS WEBSITE. THE PRODUCTS AND SERVICES ARE PROVIDED TO END-USER “AS IS” AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, THE VECTORWORKS COMPANIES, ON THEIR OWN BEHALF AND ON BEHALF OF THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE SERVICES, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, COMPANY PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED. TO THE EXTENT THAT DATA IS BEING TRANSMITTED OVER THE INTERNET, YOU ACKNOWLEDGE THAT WE HAVE NO CONTROL OVER THE FUNCTIONING OF THE INTERNET AND WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND REGARDING THE PERFORMANCE OF THE INTERNET. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL COMPANY OR ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE LICENSORS OR SERVICE PROVIDERS, HAVE ANY LIABILITY ARISING FROM OR RELATED TO: (I) ANY INJURY, LOSS, OR DAMAGE ARISING FROM YOUR MISUSE, FAILURE TO FOLLOW INSTRUCTIONS, OR MODIFICATIONS OF THE PRODUCTS AND SERVICES; (II) INTERRUPTIONS OR FAILURES IN PRODUCT FEATURES; (III) PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES; AND (IV) DIRECT DAMAGES IN AMOUNTS THAT IN THE AGGREGATE EXCEED ONE HUNDRED U.S. DOLLARS (U.S. $100.00).

THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY, SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.

Indemnification. You agree to indemnify, defend, and hold harmless Company and its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys' fees, arising from or relating to your use or misuse of the Services, your breach of this Agreement, and your violation of any law or the rights of a third party.

Copyright and Trademark Notices.
- (a) Company name, logo, and all other Product names or slogans displayed on or through the Services are registered or common law trademarks of Company or its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Company or the applicable trademark holder. In addition, the look and feel of the Services, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of the Company and may not be copied, imitated or used, in whole or in part, without the prior written permission of Company.
- (b) It is Company’s policy to respond to notices of alleged copyright infringement if such claims are reported to us as described within this Agreement. Morpholio may also respond by terminating the accounts of infringers.
- (c) If you are a copyright owner or an agent thereof and believe that any Content infringes upon your copyrights, please review this Agreement and submit a notification pursuant to the Digital Millennium Copyright Act of 1998 (“DMCA”) by providing us with the following information in writing (see Title 17 U.S.C. Section 512 for further detail):
  - (i) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  - (ii) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
  - (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
  - (iv) information reasonably sufficient to permit the Service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
  - (v) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  - (vi) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- (d) Please submit this notice, with all items listed above included, to our DMCA Designated Agent here: privacy@vectorworks.net.
- (e) If you believe that your User-Generated Content or Third-Party Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the material in your User-Generated Content or Third-Party Content, you may send us a counter-notice containing the following:
- (f) your physical or electronic signature;
- (g) identification of the User-Generated Content or Third-Party Content that has been removed or to which access has been disabled and the location at which the User-Generated Content or Third-Party Content appeared before it was removed or disabled;
- (h) a statement that you have a good faith belief that the User-Generated Content or Third-Party Content was removed or disabled as a result of mistake or a misidentification of the User-Generated Content or Third-Party Content; and
- (i) your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in Baltimore, Maryland, and a statement that you will accept service of process from the person who provided notification of the alleged infringement. If a counter-notice is received by us, Company may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed User-Generated Content or Third-Party Content or cease disabling it. Unless the copyright owner files an action seeking a court order against the User-Generated Content or Third-Party Content provider, member or user, the removed User-Generated Content or Third-Party Content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at Company’s sole discretion.
- (j) You acknowledge that if you fail to comply with all of the requirements of this Section 19, your DMCA notice, or counter-notice may not be valid. Notifications of claimed copyright infringement and counter notices must be sent to our designated agent: Copyright Agent, Vectorworks, Inc., 8621 Robert Fulton Drive, Suite 200, Columbia, MD 21046 (USA).

Advisory Council Terms and Conditions.
- (a) Scope of Work. The Advisory Council member (“Advisor”) agrees to offer some or all of the following services for the purposes of assisting and promoting Vectorworks, Inc. and its associated Applications:
  - (i) to contribute to the advancement of the Company and the Morpholio Trace, Morpholio Exhibit, Morpholio Board, Morpholio Journal or other Products whenever possible by the promotion of the Company Products through the Advisor's website, media, events, presentations, contacts, associates, advertisements, etc.;
  - (ii) to review the Company Products and provide recommendations regarding improvements to the software, user interface, functions, content, etc.;
  - (iii) to volunteer work or images for use by Company in promoting the Products;
  - (iv) to offer strategic business or financial advice regarding expanding Company’s business, sales, network, and market share;
  - (v) to meet with key representatives of Company’s on a periodic basis to exchange ideas, strategies, commentaries, and observations about Company’s Products.
- (b) Rights and Responsibilities. The Advisor and Company shall have the following rights and responsibilities:
  - (i) the Advisor agrees to carry out his or her Scope of Work herein in a timely and professional manner;
  - (ii) the Advisor shall be allowed to identify themselves as a member of the Company Advisory Council and to display the Vectorworks, Inc. logo in their promotional materials, be they electronic or printed;
  - (iii) Company shall be allowed to identify the Advisor, or his or her company or organization if they are acting on behalf of a company or organization with regards to its interactions and associations with Company, as a member of the Advisory Council and shall be allowed to use the Advisor's firm or organization name and its logo within Company promotional materials, be they electronic or printed;
  - (iv) Advisor hereby grants to Company a worldwide, perpetual, irrevocable, transferable, sublicensable, exclusive, royalty-free, fully paid license to use, reproduce, modify, adapt, distribute, display, perform, create derivative works from, exploit, commercialize, and otherwise use any suggestions, comments, feedback, ideas, recommendations, enhancements, feature requests, corrections, improvements, or other input provided by Advisor relating to the Products, Services, technology, business operations, or proposed offerings of Company (“Feedback”) for any purpose, without restriction or obligation of attribution, accounting, or compensation to Advisor;
  - (v) Advisor acknowledges and agrees that Company shall exclusively own all improvements, modifications, derivative works, and other developments made by or for Company based on or derived from Feedback provided by Advisor, and Advisor hereby waives, and agrees not to assert any moral rights or similar rights in connection with the Feedback to the extent permitted by applicable law; and
  - (vi) Company shall be allowed to use any images, documents, text, or graphic materials that the Advisor submits to Company, or its staff, as part of Company’s Website, Products, promotional materials, or any other materials and communications, be they electronic, printed, or verbal.
- (c) Status of Advisory Council Members. All work and services described herein shall be performed by the Advisory Council member as an independent Advisor and not as an employee of Company. The Advisor’s role shall not be considered or construed to be a partnership or joint venture, and Company shall not be liable for any obligations incurred by Advisor. The Advisor shall not act as an agent of Company, ostensibly or otherwise, nor bind Company in any manner, unless specifically authorized to do so in writing. The Advisor is solely responsible for the manner and the performance of the tasks to be completed and services to be provided as noted herein and is solely responsible for supplying and using his own equipment that may be necessary to perform this work.
- (d) Period of Performance. The Advisor shall maintain his position on the Advisory Council for such time as it is agreeable to both parties. Either party may terminate the Advisor’s position in accordance with the terms herein.
- (e) Compensation and Insurance.
  - (i) The Advisor recognizes that his or her services as a member of the Advisory Council is strictly a voluntary position and that Company. Shall have no obligation or responsibility to pay, compensate or reimburse the Advisor in any way for his or her services.
  - (ii) The Advisor will not be treated as an employee of Company for federal or state tax or other purposes, nor will the Advisor be eligible for Company employee benefits including but not limited to Workers Compensation and disability benefits. The Advisor shall be responsible for obtaining and carrying, at his or her own expense, all insurance including Workers’ Compensation and General Liability Insurance as required by law. Company shall not provide any insurance coverage of any kind for the Advisor or the Advisor’s employees.
- (f) Amendment and Termination. Either Company or the Advisor may terminate the Advisor’s position on the Advisory Council at any time as either party sees fit without expressed cause or need of justification. Termination of the Advisor’s position on the Advisory Council by Company does not require the consent of the Advisor. If terminated, Company shall provide the Advisor with such notification in writing and the Advisor shall acknowledge receipt. Termination will be effective as of the date of the receipt of the termination by the Advisor. Upon termination, the Advisor shall immediately relinquish all rights as stated herein. If the Advisor chooses to terminate their role on the Advisory Council, the Advisor shall notify Company in writing no less than five business days prior to the effective date of termination.
- (g) Non-Disclosure of Trade Secrets, Customer Lists and Other Proprietary Information. The Advisor agrees not to use, disclose or communicate, in any manner, proprietary information about Company, its operations, clientele, or any other proprietary information that relates to the business of Company. This includes, but is not limited to, the names of Company customers, its marketing strategies, operations, software source codes, product information, products or services in development, or any other information of any kind which would be deemed confidential or proprietary information of Company. The Advisor acknowledges that all such information is material and confidential and that it affects the profitability of Vectorworks, Inc.
- (h) Non-Recruit. The Advisor agrees to not recruit any of Company’s employees, staff or independent contractors for the purpose of its own or any other outside business either during or after the Advisor’s tenure of consulting with Company. The Advisor agrees that such effort at recruitment also constitutes a violation of this Agreement. (i) New customers or Users Generated. The Advisor agrees that any Company customers or Product users generated by the Advisor pursuant to their role are the customers or users of Company and are subject to the non-disclosure and other covenants set forth herein.
- (j) Return Upon Termination. The Advisor agrees that upon termination of Advisor’s role they will return to Company all of Company’s property, including, but not limited to, trade secret information, user lists, records and accounts, materials subject to copyright, trademark, or patent protection, customer and Company information, business documents and reports.
- (k) Indemnification and Limitation of Liability. The Advisor shall defend, indemnify, hold harmless, and insure Company, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, consequential damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising out of, any negligence or willful misconduct on the Advisor’s part, or from any breach or default of this Agreement which is caused by the acts of the Advisor.
- (l) Assignment. It is understood and agreed that the services to be rendered by the Advisor are unique and that the Advisor shall not assign, transfer, contract or otherwise dispose of the Advisor’s rights or duties hereunder, in whole or in part, to any other person, firm or corporation.
- (m) Application of Agreement to Advisors. Except as expressly modified, supplemented, or superseded by this Section 20, all other terms and conditions of this Agreement shall continue to apply to Advisors to the extent applicable to the Advisor’s services or Advisor’s access to or use of the Products or Services. In the event of a conflict between this Section 20 and any other provision of this Agreement, this Section 20 shall control solely with respect to Advisors and the subject matter addressed herein.

Anti-Discrimination. Company will not tolerate and does not support its Services being used to discriminate against others. This includes but is not limited to discrimination based on race, sex, religion, sexual orientation, age, disability, ancestry or national origin. End-Users are not permitted to use the Services in a manner which could or would likely incite, promote or support such discrimination. End-Users are also not permitted to use the Services in a manner which could or would likely incite or promote hostility or violence. If we believe in our sole determination that your use of the Services is being used in this manner, Morpholio may temporarily suspend or permanently terminate your access to the Services without notice and liability for any reason.

Purchases and Subscriptions.
- (a) Company offers free Services as well as paid subscriptions via the Apple App Store or other third parties (“Subscription”). Pricing may vary by location and will be based on the billing information you provide at the time of purchase. If you purchase access to a paid Subscription through the Apple App Store or any third-party, separate terms and conditions with such third-party may apply to your use of the Service in addition to this Agreement.
- (b) We are very pleased to offer free trials for certain paid Subscription types made through the Apple App Store or other third party marketplaces. Morpholio reserves the right to set length, access, and eligibility requirements for these free trials. At the end of your free trial period, you will be charged the relevant Subscription fee for the next billing cycle, unless you cancel your Subscription per the terms set by the Apple App Store or other third-party marketplace. In addition, paid Subscriptions automatically renew until cancelled per the terms set by the Apple App Store or other third-party marketplace.
- (c) Depending on the nature of your Subscription, your Subscription and payments may be controlled and managed by Apple or other third party marketplaces. If you made a purchase via the Apple App Store and were offered and activated a free trial, your Apple ID account will be charged only at the end of your free trial period for the Subscription unless canceled as described on the purchase page or in Apple App Store Terms. Your Subscription will automatically renew, and your Apple ID account will be charged unless your Subscription is cancelled as described on the purchase page and in apple App Store Terms.
- (d) If you want to manage or terminate your Subscription for any of the Products or Services, you may do so, however, we ask that you first contact us via the support page here to see if we can first help with any concerns you have. For clarity, termination of your Subscription is not a termination of your account which must be done separately. To terminate or manage your Subscription purchased from the Apple App Store, follow instructions here for Morpholio Trace and here for Morpholio Board. To terminate your Subscription purchased directly from Company please follow the directions provided in the applicable Product or contact us here. For Subscriptions purchased through other third-party marketplaces, please follow the instructions provided by such marketplace. Please contact the Apple App Store or the applicable third-party marketplace regarding any refunds or to manage your Subscription. FOR CLARITY, ALL SUBSCRIPTIONS OR PURCHASES MADE VIA THE APPLE APP STORE CAN ONLY BE MANAGED OR TERMINATED BY YOU THROUGH APPLE AND YOUR APPLE ID. MORPHOLIO HAS NO ABILITY TO MANAGE, CANCEL, TERMINATE, CONTROL, REFUND OR IN ANY WAY ADJUST OR MODIFY YOUR SUBSCRIPTION FOR YOU.
- (e) In the event that Company suspends or terminates your account or this Agreement for any violation to these this Agreement, you understand and agree that you shall receive no refund or exchange for any credits, any unused time on a Subscription, any license or Subscription fees for any portion of the Service, any content or data associated with your account, or for anything else.

Third-Party Software. Company may utilize certain third-party software within the Services. Such software is provided to you subject to applicable flow-down terms as indicated below. Such third-party software is copyrighted and licensed by their respective owners as indicated below:
- (a) Open Asset Import Library (assimp) | Copyright (c) 2006-2012, assimp team. All rights reserved.
  - (i) Redistribution and use of this software in source and binary forms, with or without modification, are permitted provided that the following conditions are met:
    - (A) Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer.
    - (B) Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution.
    - (C) Neither the name of the assimp team, nor the names of its contributors may be used to endorse or promote products derived from this software without specific prior written permission of the assimp team.
    - (D) THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT OWNER OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
- (b) Poly2Tri Copyright (c) 2009-2010 | Poly2Tri Contributors http://code.google.com/p/poly2tri/ All rights reserved.
  - (i) Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:
    - (A) Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer.
    - (B) Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution.
    - (C) Neither the name of Poly2Tri nor the names of its contributors may be used to endorse or promote products derived from this software without specific prior written permission.
    - (D) THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT OWNER OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
- (c) PSDWriter | Copyright (c) 2011-2013 J. Benjamin Gotow: https://github.com/bengotow/PSDWriter
  - (i) Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the “Software”), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions: The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software source code.
  - (ii) Minor attribution (via a reference to the project or Github repository) shall be included within the software's about box or website.
  - (iii) THE SOFTWARE IS PROVIDED “AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.
- (d) libtess2 | SGI FREE SOFTWARE LICENSE B (Version 2.0, Sept. 18, 2008) | Copyright (C) [dates of first publication] Silicon Graphics, Inc. All Rights Reserved.
  - (i) Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the “Software”), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions: The above copyright notice including the dates of first publication and either this permission notice or a reference to http://oss.sgi.com/projects/FreeB/ shall be included in all copies or substantial portions of the Software.
  - (ii) THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL SILICON GRAPHICS, INC. BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.
  - (iii) Except as contained in this notice, the name of Silicon Graphics, Inc. shall not be used in advertising or otherwise to promote the sale, use or other dealings in this Software without prior written authorization from Silicon Graphics, Inc.
- (e) The Solar Position Algorithm software | Copyright © 2007, 2017 Alliance for Sustainable Energy, LLC. All Rights Reserved.
  - (i) This computer software was produced by Alliance for Sustainable Energy, LLC under Contract No. DE-AC36-08GO28308 with the U.S. Department of Energy. For 5 years from the date permission to assert copyright was obtained, the Government is granted for itself and others acting on its behalf a nonexclusive, paid-up, irrevocable worldwide license in this software to reproduce, prepare derivative works, and perform publicly and display publicly, by or on behalf of the Government. There is provision for the possible extension of the term of this license. Subsequent to that period or any extension granted, the Government is granted for itself and others acting on its behalf a nonexclusive, paid-up, irrevocable worldwide license in this software to reproduce, prepare derivative works, distribute copies to the public, perform publicly and display publicly, and to permit others to do so. The specific term of the license can be identified by inquiry made to Contractor or DOE. NEITHER ALLIANCE FOR SUSTAINABLE ENERGY, LLC, THE UNITED STATES NOR THE UNITED STATES DEPARTMENT OF ENERGY, NOR ANY OF THEIR EMPLOYEES, MAKES ANY WARRANTY, EXPRESS OR IMPLIED, OR ASSUMES ANY LEGAL LIABILITY OR RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY DATA, APPARATUS, PRODUCT, OR PROCESS DISCLOSED, OR REPRESENTS THAT ITS USE WOULD NOT INFRINGE PRIVATELY OWNED RIGHTS.
- (f) XlsxReaderWriter | The MIT License (MIT). Copyright (c) 2014 René BIGOT.
  - (i) Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the "Software"), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions: The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software.
  - (ii) THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.
- (g) HueKit | MIT License. Copyright (c) 2018 Louis D'hauwe.
  - (i) Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the “Software”), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions: The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software.
  - (ii) THE SOFTWARE IS PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.
- (h) Chameleon | ##The MIT License (MIT). Copyright (c) 2014-2015 Vicc Alexander.
  - (i) Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the "Software"), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions: The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software.
  - (ii) THE SOFTWARE IS PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.

Export Regulation. The Services may be subject to US export control laws, including the Export Control Reform Act and its associated regulations. You shall not, directly, or indirectly, export, re-export, or release the Services to, or make the Services accessible from, any jurisdiction or country to which export, re-export, or release is prohibited by law, rule, or regulation. You shall comply with all applicable federal laws, regulations, and rules, and complete all required undertakings (including obtaining any necessary export license or other governmental approval), prior to exporting, re-exporting, releasing, or otherwise making the Services available outside the US.

Modifications to the Agreement. We reserve the right at any time, at our sole discretion, to change or otherwise modify this Agreement without notice, and your continued access or use of this Service signifies your acceptance of the updated or modified Agreement. However, any changes to the dispute resolution provisions set forth out in Limitation of Liability, Indemnification, Governing Law, and Limitation of Time to File Claims Sections of this Agreement will not apply to any disputes for which the parties have actual notice before the date the change is posted on the Website. It is your responsibility to periodically review this Agreement to stay informed of updates.

Severability. If any provision of this Agreement is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term, and all other provisions of this Agreement will continue in full force and effect.

Governing Law. This Agreement is governed by and construed in accordance with the internal laws of the State of Delaware without giving effect to any choice or conflict of law provision or rule. Any legal suit, action, or proceeding arising out of or related to this Agreement or the Services shall be instituted exclusively in the federal courts of the United States or the courts of the State of Maryland in each case located in Baltimore City. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Limitation of Time to File Claims. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Assignment. You may not assign or transfer any rights or obligations under this Agreement without our prior written consent. We may, without restriction, assign any of our rights and obligations under this Agreement, at our sole discretion.

Entire Agreement. This Agreement and our Privacy Policy constitute the entire agreement between you and Company with respect to the Services and supersede all prior or contemporaneous understandings and agreements, whether written or oral, with respect to the Services.

Feedback and Support. All feedback, comments, requests for technical support, and other communications relating to the Services should be directed here. Any ideas, suggestions, and feedback about us or our Services that you provide to us are entirely voluntary, and you agree that we may use such ideas, suggestions, and feedback without compensation or obligation to you.

Waiver. No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder. In the event of a conflict between this Agreement and any applicable purchase or other terms, the terms of this Agreement shall govern.