Camp Electric TV End User License Agreement

NOTICE: Please carefully read and review this End User License Agreement (this "Agreement"). This Agreement is a legal agreement between Camp Electric TV, LLC ("Camp Electric TV" "We," "Us," or "Our") and you (either an individual or an entity). Publishers of digital information on the Internet work with Camp Electric TV to help member of their community receive/download their content more efficiently. This Agreement specifies the terms under which you are allowed you to use the licensed software application and related services from Endavo Media and Communications, Inc. to retrieve digital information of all types that is posted on the Internet by Publishers working with Camp Electric TV. (Such software application, which may be downloaded through your Web browser, will be referred to collectively as the "Camp Electric TV On-Demand Client" or the "Software"). This Agreement also specifies the terms under which We are allowed to communicate automatically with your computer to download upgrades to the Software to you and to transmit published digital information directly from your computer to other users of the Camp Electric TV On-Demand Client. (We cannot and never will access, view or transmit any personal documents or information on your computer.) If you install or use the Software, you will be legally bound by this Agreement.

If you do not want to be bound by this Agreement, click on the "CANCEL" button and do not install or use the Software. If you do not accept this Agreement, you may not copy, retain or use the Software. You agree that by installing and using the Software, you are acknowledging that you have read this Agreement, understand it, and agree to be bound by it.

1. Single Copy Software License.

(a) The Software is copyrighted and protected by law and international treaty. You may download the Software through a Web browser onto a single computer for your internal use only, unless specifically licensed to do otherwise by Camp Electric TV.

(b) All rights not expressly granted by us in this Agreement are reserved. Without limiting the generality of the previous sentence, you may not

(i) copy the Software (or any part of the Software), (ii) modify the Software or separate out any of its components for use with other software, (iii) transfer the Software to another person (except that you may transfer the software in connection with a transfer of the computer on which it is installed), (iv) decompile, disassemble, or otherwise reverse engineer or attempt to discover any underlying proprietary information of the Software, or (v) use the Software in any way that violates any applicable federal, state, local, or international law or regulation. You further acknowledge that "the Software", "Camp Electric TV On-Demand" and "Camp Electric TV" are our trademarks and that this license does not grant you any right whatsoever in these trademarks. Finally, you may not allow anyone to do anything that this Agreement prohibits you from doing.

(c) You understand that the Software is licensed to you and not sold. We retain title to all copies of the Software and all intellectual property rights contained within or embodied by the Software.

2. Upgrades.

Upgrades to the communication protocol and client feature set are common for continued security and performance. You acknowledge that from time to time We may issue upgraded versions of the Software automatically. You consent to such automatic upgrading, and agree that the terms and conditions of this Agreement will apply to all such upgraded versions. Any upgraded version of the Software may be subject to Supplemental Terms of Use, as described below

3. Operation of the Camp Electric TV On-Demand Client and Your Information.

(a) The Software is part of an integrated content delivery and communications system for efficiently disseminating software, images, text, video, music and other digital information across the Internet. Participating publishers of such information on the Internet have asked Camp Electric TV to "manage" the delivery of such information to you and other end-users in an effort to make your downloads more efficient. Users of the Software share published software, images, text, video, music and other digital information managed by Camp Electric TV ("Published Content"). When you are on-line, therefore, the Software may share Published Content that resides on your computer system with other Camp Electric TV On-Demand Clients, or other Camp Electric TV On-Demand Affiliated Clients, that have requested such Published Content. In that regard, Camp Electric TV makes commercially reasonable efforts to avoid interfering, more than marginally, with your other on-line activities (for example, We limit the amount of your available bandwidth that the Camp Electric TV On-Demand Client may use to share content so that most users will not notice performance degradation). Finally, from time to time the Camp Electric TV On-Demand Client may download to your computer system a particular item of Published Content or other information that you have requested. In part, this is done so that, if you subsequently initiate a request for such Published Content, it can be displayed to you with little to no lag time. If, however, you never initiate a request for such content, the cached file expires from your computer system after a short period of time, and in addition, Camp Electric TV makes commercially reasonable efforts to avoid interfering, more than marginally, with your system resources (for example, We would use (temporarily) only a small proportion of the available free space on your hard disk so that most users will not notice performance degradation). You acknowledge and consent to the sharing and downloading of Published Content. You also agree to comply with all notices, terms, and conditions included in this Agreement or posted on the Camp Electric TV Website that govern the use of the Camp Electric TV On-Demand Client and the posting and sharing of Published Content. (b) Camp Electric TV is designed so that it cannot and will not record your name, address, telephone number, email address, or any other information that can generally be used to personally identify you ("Personally Identifiable Information"). We store only the minimal information to run the download service, including your computer's operating system, IP address, the identifier associated with your Camp Electric TV On-Demand Client, and the Published Content that is available on your computer for download through the Camp Electric TV network, and We also retain information regarding the transmission of Published Content as described below. None of this information is associated with any Personally Identifiable Information. We reserve the right to use and disclose download completion data and aggregate performance data for the purpose of creating basic reports. (c) As a condition to your downloading and using the Software and services, you agree not to (i) use the Software or our services, or attempt to penetrate, modify or manipulate the Software or our services or any of the hardware or software thereof, in order to invade the privacy of, obtain the identity of, or obtain any personal information or Internet protocol addresses of, any end-user that has installed the Software, or to modify, erase or damage any information contained on the computer of any end-user connected to Camp Electric TV or otherwise, and (ii) use any device, software or routine, or take any action whatsoever, to interfere or attempt to interfere with the proper working of the Software or our services.

4. Camp Electric TV does not review or have any control over Published Content.

Accordingly, We disclaim any and all liability arising from, or in connection with, your download or use of any Published Content, including but not limited to any and all responsibility for (i) the functionality, performance, truthfulness, accuracy, or completeness of any Published Content, and (ii) for any claims that such Published Content infringes any copyright or other intellectual property right, misappropriates or violates any right of privacy or publicity, defames any person or business, or is obscene or otherwise offensive or inappropriate. If you choose to download and use any Published Content, then your rights with respect to such Published Content shall be a matter between you and the third party publisher or website owner of such Published Content and may be affected by such third party content provider's license agreement, terms of use, or other applicable policies and guidelines or by applicable law.

5. Supplemental Terms of Use.

You acknowledge that from time to time, and at any time, We may amend the terms governing your use of the Software upon notice to you. Notice of such Supplemental Terms of Use may be provided by posting such Supplemental Terms of use on Camp Electric TV's Website, by including such terms in an email communication to you, or by any other reasonable means. You consent to and agree to be bound by such Supplemental Terms of Use if you continue to use the Software after the effective date of such Supplemental Terms of Use, as applicable.

6. Disclaimers.

The Software is provided "AS IS," and your use of the Software is at your own risk. We do not make, and hereby disclaim, any and all express and/or implied warranties, including, but not limited to, warranties of merchantability, fitness for a particular purpose, non-infringement and title, and any warranties arising from a course of dealing, usage, or trade practice. The duration of any implied warranty that is not effectively disclaimed will be limited to the warranty period. Some states do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you.

7. Limitation of Liability.

(a) You expressly acknowledge and agree that neither Camp Electric TV nor its affiliates or licensors will be liable for any special, incidental, consequential or exemplary damages, including but not limited to damages for loss of use, computer failure or malfunction, loss of goodwill, lost profits, loss of data or information, unauthorized access to and/or loss of your Personally Identifiable Information, or any and all other commercial damages and losses, arising out of or in connection with the Software or its use or this Agreement. (b) You acknowledge and agree that the provisions under this Agreement that limit liability, disclaim warranties, or exclude consequential damages or other damages or remedies are essential terms of this Agreement that are fundamental to the parties' understanding regarding allocation of risk. Accordingly, such provisions shall be severable and independent of any other provisions and shall be enforced as such, regardless of any breach or other occurrence hereunder. Without limiting the generality of the foregoing, you agree that all limitations of liability, disclaimers of warranties, and exclusions of consequential damages or other damages or remedies shall remain fully valid, effective and enforceable in accordance with their respective terms, even under circumstances that cause any exclusive remedy under this Agreement to fail of its essential purpose.

8. Proprietary Rights.

Camp Electric TV and its licensors retain all copyrights, trade secret rights, patents, trademarks, and any other proprietary rights covering or relating to the Software. You acknowledge that the Software includes or incorporates proprietary and confidential information belonging to Camp Electric TV and its licensors.

9. Termination.

We may terminate this Agreement at any time and without prior notice if you violate it. You must destroy all copies of the Software in your possession or control promptly upon termination. Our termination will not limit any of our other rights or remedies under this Agreement or at law or in equity. Any provision of this Agreement that by its sense and context is intended to survive termination of this Agreement will survive termination.

10. Due Authority.

You represent and warrant that the party reviewing and consenting to the terms of this Agreement (either you or your designee) is duly authorized to take such action and bind you to all the terms and conditions of this Agreement.

11. Governing Law.

The Website through which this Software may be downloaded is controlled by Camp Electric TV from its facilities in the United States of America. Camp Electric TV makes no representations that the Software is appropriate or available for use in other locations. Those who download this Software from other jurisdictions do so at their own risk and are responsible for compliance with local law. This Agreement and any and all claims relating to the Software shall be governed by the laws of the State of California, U.S.A. without regard to or application of choice of law rules or principles.

12. Electronic Contracts and Records.

For all purposes under the Agreement and all other purposes under applicable law, an electronic communication of any kind shall be deemed (i) a "writing" and "written"; (ii) "signed"; and (iii) when printed from electronic files or records established and maintained in the normal course of business, an "original business record." You expressly waive any right to object to the validity or enforceability of this Agreement or any other electronic communication on the ground that a "statute of frauds" or any other law requires that agreements be in writing or signed by the bound party. Electronic communications, if introduced as evidence in any proceedings, shall be admissible as between the parties to the same extent and under the same conditions as business records originated and maintained in paper form.

13. Severability and Waiver.

If any provision of this Agreement is illegal or unenforceable under applicable law, the remaining provisions of this Agreement will remain valid and fully enforceable. No delay or failure to take action under these terms and conditions will constitute a waiver by Camp Electric TV unless expressly waived in writing by a duly authorized officer of Camp Electric TV.

14. Modification.

You may not amend terms or conditions of this Agreement without the prior written consent of an authorized officer at Camp Electric TV. We may prospectively amend this Agreement at any time pursuant to Section5.