Amazon Storywriter Application License and Notices

Updated: October 1, 2015

This is an agreement between you and Amazon Digital Services Inc. (with its affiliates, "Amazon", "we" or "us") regarding your use of the Amazon Storywriter software (together with any updates and enhancements to it, and accompanying documentation, the "Application") that we make available to you on your connected device (each, a "Device"). Before using the Application, please read this Application License and Notices, all rules and policies related to the Application (including any specific rules, usage restrictions and other conditions or procedures that we post or update on or through the Application or on Amazon.com), the Amazon.com Privacy Notice located at www.amazon.com/privacy and the Amazon.com Conditions of Use located at www.amazon.com/conditionsofuse posted on Amazon.com (collectively, this "Agreement"). If you install or use the Application, you will be bound by this Agreement.

1. Use of the Application.

We hereby grant you a personal, limited, non-exclusive, non-transferable, non-sublicenseable license to install or use the Application on your Device. The Application enables you to write and read screenplays (the "Content"). You must ensure that any Content you upload to the Application is free from any malware, viruses, Trojan horses, spyware, worms, or other malicious or harmful code.

2. Limitations.

You may not, and you will not encourage, assist or authorize any other person to, (a) incorporate any portion of the Application into your own programs or compile any portion of it in combination with your own programs; (b) sell, rent, lease, lend, loan, distribute, act as a service bureau, publicly communicate, transform, or sub-license the Application or otherwise assign any rights to the Application in whole or in part; (c) modify, alter, tamper with, repair, or otherwise create derivative works of the Application, or (d) reverse engineer, disassemble, or decompile the Application or apply any other process or procedure to derive the source code of any software included in the Application. All rights granted to you are conditioned on your continued compliance with this Agreement, and will immediately and automatically terminate if you do not comply.

3. Reservation of Rights.

You may not use the Application for any illegal purpose. The Application is the intellectual property of Amazon.com, Inc. or its affiliates, and its licensors. The structure, organization, and code of the Application are valuable trade secrets and confidential information of Amazon.com, Inc. or its affiliates. The Application is protected by law, including without limitation copyright laws and international treaty provisions. Except for the rights explicitly granted to you in this Agreement, all right, title and interest in the Application are reserved and retained by us and our licensors.

4. Updates.

In order to keep the Application up-to-date, we may offer automatic or manual updates at any time and without notice to you. If we elect to provide maintenance or support of any kind, we may terminate that maintenance or support at any time without notice to you.

5. Termination.

You may terminate this Agreement at any time by uninstalling or destroying all copies of the Application that are in your possession or control. In the case of termination, you must cease all use and destroy all copies of the Application. We may also terminate your right to use the Application at any time and if we do so, we may modify the Application to make it inoperable. Our failure to insist upon or enforce your strict compliance with this Agreement will not constitute a waiver of any of our rights.

6. Disputes, Disclaimer of Warranties and Limitation of Liability.

a. DISPUTES/BINDING ARBITRATION. ANY DISPUTE OR CLAIM ARISING FROM OR RELATING TO THIS AGREEMENT OR THE SERVICE IS SUBJECT TO THE BINDING ARBITRATION, GOVERNING LAW, DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY AND ALL OTHER TERMS IN THE AMAZON.COM CONDITIONS OF USE AT WWW.AMAZON.COM/CONDITIONSOFUSE. YOU AGREE TO THOSE TERMS BY ENTERING INTO THIS AGREEMENT OR USING THE APPLICATION.

b. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT INSTALLATION OR USE OF, AND ANY OTHER ACCESS TO, THE APPLICATION AND CONTENT IS AT YOUR SOLE RISK. THE APPLICATION AND CONTENT IS DELIVERED TO YOU "AS IS" WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND AMAZON, ITS LICENSORS AND DISTRIBUTORS, WIRELESS CARRIERS OVER WHOSE NETWORK THE APPLICATION IS DISTRIBUTED, AND EACH OF THEIR RESPECTIVE AFFILIATES AND SUPPLIERS (COLLECTIVELY, THE "RELEASED PARTIES") DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT, AND NON-INFRINGEMENT. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY A RELEASED PARTY OR AN AUTHORIZED REPRESENTATIVE OF A RELEASED PARTY WILL CREATE A WARRANTY. THE LAWS OF CERTAIN JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

c. TO THE EXTENT NOT PROHIBITED BY LAW, NO RELEASED PARTY WILL BE LIABLE TO YOU FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES FOR BREACH OF ANY EXPRESS OR IMPLIED WARRANTY, BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY RELATED TO THE APPLICATION OR CONTENT, INCLUDING WITHOUT LIMITATION ANY DAMAGES ARISING OUT OF LOSS OF PROFITS, REVENUE, DATA, OR USE OF THE APPLICATION OR CONTENT, EVEN IF A RELEASED PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, ANY RELEASED PARTY'S AGGREGATE LIABILITY UNDER THIS AGREEMENT WILL BE LIMITED TO $50. THE LAWS OF CERTAIN JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

7. Indemnification.

You are liable for and will defend, indemnify, and hold harmless the Released Parties and their officers, directors, agents, and employees, from and against any liability, loss, damage, cost, or expense (including reasonable attorneys' fees) arising out of your use of the Application or Content, violation of this Agreement, violation of applicable law, or violation of any right of any person or entity, including without limitation intellectual property rights.

8. Export Regulations.

You will comply with all export and re-export restrictions and regulations of the United States Department of Commerce and other United States and foreign agencies and authorities that may apply to the Application, and not to transfer, or encourage, assist, or authorize the transfer of the Application to a prohibited country or otherwise in violation of any applicable restrictions or regulations.

9. Amendment.

We may amend this Agreement at our sole discretion by posting the revised terms on the Amazon Storywriter website (located at http://storywriter.amazon.com/conditions-of-use) or within the Application. Your continued use of the Application after any amendment's effective date evidences your agreement to be bound by it.

10. Conflicts.

The terms of this Agreement govern the Application and any updates or upgrades to the Application that we may provide that replace or supplement the original Application, unless the update or upgrade is accompanied by a separate license, in which case the terms of that license will govern.

11. Contact Information.

For communications concerning this Agreement, please write to Amazon Digital Services Inc. Attn: Legal Department, 410 Terry Avenue North, Seattle, WA 98109-5210.