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Quik + GoPro Studio End User License Agreement ("EULA")

Thank you for becoming a customer of GoPro! Protection of our intellectual


property is critical to our future business success. Therefore, before you can
download, install or use this software or any accompanying documentation
(together, the Software), please carefully read the following terms and
conditions.

This End User License Agreement (EULA) is an agreement between you and
GoPro, Inc. (GoPro). It governs your use of the Software (unless you and
GoPro have executed a separate agreement governing use of the Software).
The Software may send GoPro certain information as described in Section 3,
and this information is governed by GoPros Privacy Policy (available at
http://gopro.com/privacy-policy). Permission to use the Software is
conditional upon your acceptance of this EULA. By clicking on the I accept
button below or by downloading, installing or using the Software, you have
indicated that you understand AND AGREE TO (1) this EULA AND (2)
GOPROS PRIVACY POLICY (available at http://gopro.com/privacy-policy).

Acceptance will bind you to the license terms in a legally enforceable


contract with GoPro. If you are accepting the terms of this EULA on behalf of
a company or other legal entity, you represent and warrant that you have
the authority to bind that company or other legal entity to the terms of this
EULA, and, in such event, you and your will refer to that company or
other legal entity. If you do not accept all the terms of this EULA, then GoPro
is unwilling to license the Software to you, and you must destroy all copies of
the Software.

1. GRANT OF LICENSE. Conditioned upon your compliance with the terms


and conditions of this EULA, GoPro grants to you a non-exclusive and non-
transferable license for a single user to load, install and run one machine
readable copy of the Software on a single computer, solely for your personal
or internal business use. You may make a single copy of the Software for
backup purposes, provided that you reproduce on it all copyright and other
proprietary notices that are on the original copy of the Software. GoPro
reserves all rights in the Software not expressly granted to you in this EULA.

2. LICENSE RESTRICTIONS. Except as expressly and unambiguously


permitted by this EULA, you shall not: (a) copy (except in the course of
loading or installing) or modify the Software, including, but not limited to,
adding new features or otherwise making adaptations that alter the
functioning of the Software; (b) transfer, sublicense, rent, lease, sublicense,
lend or otherwise distribute the Software to any third party; (c) make the
functionality of the Software available to multiple users through any means,
including, but not limited to, by uploading the Software to a network or file-
sharing service or through any hosting, application services provider, service
bureau, software-as-a-service or any other type of services. You acknowledge
and agree that portions of the Software, including, but not limited to, the
source code and the specific design and structure of individual modules or
programs, constitute or contain trade secrets of GoPro and its licensors.
Accordingly, you agree not to reverse engineer, disassemble, decompile, or
create any derivative work of the Software, in whole or part, or permit or
authorize a third party to do so, except to the extent such activities are
expressly permitted by law notwithstanding this prohibition.

3. DATA COLLECTION. To facilitate product support, product development


and improvement as well as other services to you and other GoPro
customers, you agree that GoPro may collect certain information about your
use of the Software as described in our Privacy Policy (available at
http://gopro.com/privacy-policy).

4. OWNERSHIP OF SOFTWARE. Your copy of the Software is licensed, not


sold. GoPro retains ownership of the copyright, title and ownership of the
Software and any accompanying written materials ("Documentation"),
including all intellectual property rights therein, regardless of the form or
media in or on which the original and other copies may exist. The Software is
protected by United States copyright law and international treaties. You will
not delete or in any manner alter the copyright, trademark and other
proprietary rights notices or markings appearing on the Software as
delivered to you.

5. FEEDBACK. If you provide any comments, suggestions or other feedback


to GoPro with respect to the Software, you hereby grant GoPro a non-
exclusive, perpetual, irrevocable, royalty-free license to use any such
feedback for any business purpose of GoPro.

6. UPGRADES. If this copy of the Software is an upgrade from an earlier


version of the Software, it is provided to you on a license exchange basis.
Upon your download, installation and use of this copy of the Software, the
license granted to you for the earlier version of the Software will
automatically terminate, with or without notice from GoPro, and you will
promptly destroy or return to GoPro all copies of the earlier version of the
Software in your possession or control.

7. USE OF GOPRO EDIT TEMPLATES. The Software contains sample


audiovisual works incorporating video cuts and musical content (GoPro Edit
Templates). Subject to the terms of this EULA, you may use the GoPro Edit
Templates, solely as specified in the Software, to create videos incorporating
your own original video cuts and the supplied musical content (User
Videos). For User Videos that utilize musical content supplied by the
Software, you may create, display and distribute your User Videos through
social media sites and other Internet websites, for non-commercial purposes
only. You may not use, copy, display or distribute the GoPro Edit Templates
or the included content in any other manner or for any other purpose, and
GoPro and its licensors retain all copyrights and other proprietary rights in
the GoPro Edit Templates and such content. If you use the GoPro bumpers
you must retain them without modification. In addition, you may not use the
GoPro Edit Templates to create, distribute or display any User Videos or other
content that: (i) is defamatory, obscene or pornographic; (ii) promotes
discrimination, bigotry, racism, hatred, harassment or harm against any
individual or group; (iii) infringes, misappropriates or violates a third partys
intellectual property rights or rights of publicity or privacy; (iv) violates, or
encourages any conduct that would violate, any applicable law or regulation;
(vi) promotes violence or actions that are threatening to any person or
entity; or (vi) promotes illegal activities or substances. You agree that GoPro
and its licensors may remove or authorize removal of any User Videos that
violate any terms of this EULA from any websites or other media without
notice or liability to you.

8. Your Content. In order to create User Videos using the Software, you must
use your own, original video content (Content). By using your Content in
connection with the Software, you represent and warrant that you own
and/or have all necessary rights to the Content to use it as contemplated by
the Software. As between GoPro and you, you retain all right, title and
interest in your Content, including all intellectual property rights.

9. NO WARRANTY. THIS SOFTWARE, GOPRO EDIT TEMPLATES AND


DOCUMENTATION ARE PROVIDED AS IS, WITHOUT WARRANTY OF ANY KIND.
GOPRO DISCLAIMS ALL WARRANTIES AND CONDITIONS, EITHER EXPRESS OR
IMPLIED, RELATING TO THE SOFTWARE, INCLUDING, BUT NOT LIMITED TO,
ANY IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND ANY
WARRANTIES AND CONDITIONS ARISING OUT OF COURSE OF DEALING OR
USAGE OF TRADE. GOPRO DOES NOT WARRANT THAT THE SOFTWARE WILL
BE UNINTERRUPTED OR ERROR-FREE. NO ORAL OR WRITTEN INFORMATION
OR ADVICE OBTAINED FROM GOPRO OR ELSEWHERE SHALL CREATE ANY
WARRANTY OR CONDITION NOT EXPRESSLY STATED IN THIS EULA.

10. LIMITATION OF LIABILITY. IN NO EVENT WILL GOPRO BE LIABLE TO YOU


FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR
PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS PROFITS,
BUSINESS INTERRUPTION, LOSS OF DATA, LOSS OF BUSINESS INFORMATION,
OR OTHER PECUNIARY LOSS) OR FOR THE COST OR PROCURING SUBSTITUTE
PRODUCTS ARISING OUT OF OR IN CONNECTION WITH THIS EULA OR THE
USE OR PERFORMANCE OF THE SOFTWARE OR GOPRO EDIT TEMPLATES,
WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON
CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY
OR OTHERWISE, AND WHETHER OR NOT GOPRO HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH LOSS OR DAMAGES. IN NO EVENT WILL GOPRO'S
TOTAL LIABILITY TO YOU, FROM ALL CAUSES OF ACTION AND UNDER ALL
THEORIES OF LIABILITY, EXCEED THE AMOUNT PAID BY YOU FOR THE
SOFTWARE, INCLUDING ANY PACKAGE THAT INCLUDES THE SOFTWARE. THE
FOREGOING LIMITATIONS WILL SURVIVE AND APPLY EVEN IF ANY LIMITED
REMEDY SPECIFIED IN THIS EULA IS FOUND TO HAVE FAILED OF ITS
ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION
OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES,
SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

11. INDEMNITY. You shall indemnify and hold GoPro harmless from any
claims, damages, liabilities, costs and fees (including reasonable attorney
fees) arising from (i) your use of the Software (including the GoPro Edit
Templates), (ii) your failure to comply with any term of this EULA; and (iii)
any claim that your Content infringes the intellectual property rights or other
proprietary rights of a third party.

12. TERM AND TERMINATION. The license granted under this EULA shall
continue in effect until terminated. You may terminate this EULA at any time
by destroying all copies of the Software in your possession or control. The
license and this EULA will automatically terminate, with or without notice
from GoPro, if you violate any provision of this EULA. Any termination of this
EULA shall also terminate the licenses granted hereunder. Upon termination
of this EULA for any reason, you shall promptly destroy and remove from all
computers, hard drives, networks, and other storage media all copies of the
Software in your possession or control and cease all use of the Software. You
shall not be entitled to any refund as a result of any termination of this
Agreement. Sections 2, 4, 5, and 8 through 15, shall survive termination or
expiration of this EULA.

13. U.S. GOVERNMENT END USERS. The Software and Documentation are
commercial items as that term is defined in FAR 2.101, consisting of
commercial computer software and commercial computer software
documentation, respectively, as such terms are used in FAR 12.212 and
DFARS 227.7202. If the Software and Documentation are being acquired by
or on behalf of the U.S. Government, then, as provided in FAR 12.212 and
DFARS 227.7202-1 through 227.7202-4, as applicable, the U.S. Governments
rights in the Software and Documentation will be only those specified in this
EULA.

14. EXPORT LAW. You agree to comply fully with all U.S. export laws and
regulations to ensure that neither the Software nor any technical data related
thereto nor any direct product thereof are exported or re-exported directly or
indirectly in violation of, or used for any purposes prohibited by, such laws
and regulations.
15. MISCELLANEOUS. This Agreement represents the complete
understanding and agreement concerning the subject matter between the
parties and supersedes all prior agreements, understandings and
communications, oral or written, between the parties, unless you and GoPro
have executed a separate agreement. GoPro reserves the right to modify this
EULA and will give you reasonable notice of any changes. Your continued
use of the Software after such notice will indicate your consent to any such
changes. If any provision of this Agreement is held to be unenforceable for
any reason, such provision shall be enforced to the maximum extent possible
and the other provisions will remain in full force and effect. The failure by
either party to enforce any provision of this EULA will not constitute a waiver
of future enforcement of that or any other provision. You may not assign or
transfer this EULA or any rights granted hereunder, by operation of law or
otherwise, without GoPros prior written consent, and any attempt by you to
do so, without such consent, will be void. GoPro expressly reserves the right
to freely assign this Agreement and to delegate any of its obligations
hereunder. This Agreement shall be governed by and construed under
California law, without regard to conflict of laws principles. The United
Nations Convention on Contracts for the International Sale of Goods will not
apply. The sole and exclusive jurisdiction and venue for any legal action or
proceeding arising under this EULA shall be the state and federal courts in
San Mateo County, California, and the parties hereby consent to the personal
jurisdiction and venue therein.

16. CONTACT INFORMATION. If you have any questions regarding this EULA,
you may contact GoPro through GoPros support page at
http://gopro.com/help.

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