HUBBLEGUM [PTY] LTD

IMPORTANT – PLEASE READ THIS END USER LICENSE AGREEMENT (THE “AGREEMENT”) CAREFULLY
BEFORE ATTEMPTING TO DOWNLOAD OR USE ANY SOFTWARE, DOCUMENTATION, OR OTHER
MATERIALS MADE AVAILABLE THROUGH STEAM AND WEBSITES. THIS AGREEMENT CONSTITUTES A
LEGALLY BINDING AGREEMENT BETWEEN YOU OR THE COMPANY WHICH YOU REPRESENT AND ARE
AUTHORIZED TO BIND (the “Licensee” or “You”), AND HUBBLEGUM (PTY) LIMITED. (“Hubblegum” or
“Licensor”). PLEASE CHECK THE “I HAVE READ AND AGREE TO THE LICENSE AGREEMENT” BOX AT
THE BOTTOM OF THIS AGREEMENT IF YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS
OF THIS AGREEMENT. BY CHECKING THE “I HAVE READ AND AGREE TO THE LICENSE AGREEMENT”
BOX AND/OR BY PURCHASING, DOWNLOADING, INSTALLING OR OTHERWISE USING THE SOFTWARE
MADE AVAILABLE BY HUBBLEGUM THROUGH THIS WEB SITE, YOU ACKNOWLEDGE (1) THAT YOU
HAVE READ THIS AGREEMENT, (2) THAT YOU UNDERSTAND IT, (3) THAT YOU AGREE TO BE BOUND
BY ITS TERMS AND CONDITIONS, AND (4) TO THE EXTENT YOU ARE ENTERING INTO THIS
AGREEMENT ON BEHALF OF A COMPANY, YOU HAVE THE POWER AND AUTHORITY TO BIND THAT
COMPANY. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENCE, WE ARE UNWILLING TO LICENSE
THE SOFTWARE TO YOU AND YOU MUST DISCONTINUE INSTALLATION OF THE SOFTWARE NOW.
The Product obtained by You is licensed, not sold, to You for use only under the terms of this license,
Hubblegum reserves all rights not expressly granted to You. The Product that is subject to this
license is referred to in this license as the “Licensed Application”
Scope of License
This license granted to You for the Licensed Application by Hubblegum is limited to a non-
transferable, non-exclusive, limited license to use the Licensed Application on any device You own or
control. This license does not allow You to use the Licensed Application on any device that You do
not own or control, and You may not distribute or make the Licensed Application available over a
network where it could be used by multiple devices at the same time. You may not rent, lease, lend,
sell, redistribute or sublicense the Licensed Application. You may not copy (except as expressly
permitted by this license), decompile, reverse engineer, disassemble, attempt to derive the source
code of, modify, or create derivative works of the Licensed Application, any updates, or any part
thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or
to the extent as may be permitted by the licensing terms governing use of any open sourced
components included with the Licensed Application). The foregoing prohibition includes but is not
limited to a review of data structures or similar materials produced by the Licensed Application. Any
attempt to do so is a violation of the rights of Hubblegum. You are prohibited from disclosing the
results of any hardware or software benchmark tests without Hubblegum’s prior written consent, or
to modify, translate, adapt, arrange, error correct, make derivative works or otherwise make any
other alteration to the Licensed Application or any portions or aspects thereof; exploit or use the
Software in a manner not expressly authorized under this License. If You breach this restriction, You
may be subject to prosecution and damages. The terms of the license will govern any upgrades
provided by Hubblegum that replace and/or supplement the original Licensed Application, unless
such upgrade is accompanied by a separate license in which case the terms of that license will
govern. All right and title in and to the Licensed Application, including without limitation any and all
copyright and any other intellectual property right, supplied to You shall be and remain the sole
property of Hubblegum and no intellectual property rights therein are granted or assigned under this
agreement. You shall not at any time or in any way question or dispute the ownership of Hubblegum
of any such item and undertake not to infringe or prejudice any rights and/or obligations of
Hubblegum in and to the Licensed Application.
Consent to Use of Data

You agree, in accordance with the law on protection of personal information, that Hubblegum may
collect and use technical data and related information, including but not limited to technical
information about Your device, system and application software, and peripherals, that is gathered
periodically to facilitate the provision of software updates, product support and other services to
You (if any) related to the Licensed Application. You agree that Hubblegum may use this information,
as long as it is in a form that does not personally identify You, to improve its products or to provide
services or technologies to You.
Termination
The license is effective until terminated by You or Hubblegum. Your rights under this license will
terminate automatically without notice from Hubblegum if You fail to comply with any material
term(s) of this license including if You breach any of the License restrictions set forth herein, or
engage in, or participate with any third party in the unauthorized manufacture, duplication, reverse
engineering, distribution of any software of Hubblegum (including the Licensed Application), or
engage in any activities prohibited by law; or if You engage in the unauthorized use of any software
of Hubblegum (including the Licensed Application) or infringe upon any intellectual property rights
of Hubblegum. Upon termination of the license, You shall cease all use of the Licensed Application,
and destroy all copies, full or partial, of the Licensed Application including (i) copies of the Licensed
Application not integrated into a live, functioning instance of Your Device and (ii) copies of the
Licensed Application already installed, implemented and deployed for Your Device and (iii) any
product and company logos provided by Hubblegum in connection with this License.
Support Services
It is agreed that Hubblegum shall render Support Services in relation to the Licensed Application.
More information regarding the extent and scope of services to be rendered can be obtained from
the Hubblegum website at the following link: www.hubblegum.co.za
Any Support Services requested by the Client other than the Support Services set out on the
Hubblegum website and accessible from the above link shall be on the basis of a separate agreement
to be entered into between You and Hubblegum.
Services; Third Party Materials
Certain Services may display, include or make available content, data, information, applications or
materials from third parties (“Third Party Materials”) or provide links to certain third party web sites.
By using the Services, You acknowledge and agree that Hubblegum is not responsible for examining
or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance,
legality, decency, quality or any other aspect of such Third Party Materials or web sites. Hubblegum
does not warrant or endorse and does not assume and will not have any liability or responsibility to
You or any other person for any third-party Services, Third Party Materials or web sites, or for any
other materials, products, or services of third parties. Third Party Materials and links to other web
sites are provided solely as a convenience to You.
You agree that any Services contain proprietary content, information and material that is protected
by applicable intellectual property and other laws, including but not limited to copyright, and that
You will not use such proprietary content, information or materials in any way whatsoever except
for permitted use of the Services. No portion of the Services may be reproduced in any form or by
any means. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works
based on the Services, in any manner, and You shall not exploit the Services in any unauthorised way
whatsoever.
No Warranty

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE LICENSED APPLICATION IS AT YOUR
SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY
AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE
LICENSED APPLICATION AND ANY SERVICES PERFORMED OR PROVIDED BY THE LICENSED
APPLICATION ("SERVICES") ARE PROVIDED "AS IS" AND “AS AVAILABLE”, WITH ALL FAULTS AND
WITHOUT WARRANTY OF ANY KIND, AND HUBBLEGUM HEREBY DISCLAIMS ALL WARRANTIES AND
CONDITIONS WITH RESPECT TO THE LICENSED APPLICATION AND ANY SERVICES, EITHER EXPRESS,
IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR
CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR
PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY
RIGHTS. HUBBLEGUM DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF
THE LICENSED APPLICATION, THAT THE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR
PROVIDED BY, THE LICENSED APPLICATION WILL MEET YOUR REQUIREMENTS, THAT THE
OPERATION OF THE LICENSED APPLICATION OR SERVICES WILL BE UNINTERRUPTED OR ERROR-
FREE, OR THAT DEFECTS IN THE LICENSED APPLICATION OR SERVICES WILL BE CORRECTED. NO
ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY HUBBLEGUM OR ITS AUTHORIZED
REPRESENTATIVE SHALL CREATE A WARRANTY.
Limitation of Liability
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL HUBBLEGUM BE LIABLE FOR
PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES
WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF
DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING
OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE LICENSED APPLICATION, HOWEVER
CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN
IF HUBBLEGUM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS
DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR
CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU.
In no event shall Hubblegum’s total liability to you for any damages (other than as may be required
by applicable law in cases involving personal injury) exceed the amount of the license fee paid by
You for the particular Licensed Application.
Product Discontinuance
Hubblegum reserves the right to discontinue at any time any component of the Software, whether
or not it is offered as a standalone product or solely as a component of the Software. However,
Hubblegum is obligated to provide support in accordance with the terms set forth in this Agreement
for all such discontinued components for a period of one (1) year after the date of discontinuance.

Intellectual Property
All title and ownership rights in and to the Software (including but not limited to any images,
photographs, animations, video, audio, music, text embedded in the Software), the intellectual
property embodied in the Software, and any trademarks or service marks of Hubblegum that are
used in connection with the Software are and shall at all-time remain exclusively owned by
Hubblegum and its licensors. All title and intellectual property rights in and to the content that may
be accessed through use of the Software is the property of the respective content owner and may be
protected by applicable copyright or other intellectual property laws and treaties. This Agreement
grants you no rights to use such content.

Confidentiality
Except as otherwise provided herein, each party expressly undertakes to retain in confidence all
information and know-how transmitted or disclosed to the other that the disclosing party has
identified as being proprietary and/or confidential or that, by the nature of the circumstances
surrounding the disclosure, ought in good faith to be treated as proprietary and/or confidential, and
expressly undertakes to make no use of such information and know-how except under the terms
and during the existence of this Agreement. However, neither party shall have an obligation to
maintain the confidentiality of information that (i) it received rightfully from a third party without an
obligation to maintain such information in confidence; (ii) the disclosing party has disclosed to a
third party without any obligation to maintain such information in confidence; (iii) was known to the
receiving party prior to its disclosure by the disclosing party; or (iv) is independently developed by
the receiving party without use of the confidential information of the disclosing party. Further,
either party may disclose confidential information of the other party as required by governmental or
judicial order, provided such party gives the other party prompt written notice prior to such
disclosure and complies with any protective order (or equivalent) imposed on such disclosure.
Without limiting the foregoing, Licensee shall treat any source code for the Software as confidential
information and shall not disclose, disseminate, or distribute such materials to any third party
without Hubblegum’s prior written permission. Each party’s obligations under this Section shall
apply at all times during the term of this Agreement and for two (2) years following termination of
this Agreement.
Force Majeure
Neither party shall be responsible for failure or delay of performance if caused by: an act of war,
hostility, or sabotage; act of God; electrical, internet, or telecommunication outage that is not
caused by the obligated party; government restrictions (including the denial or cancellation of any
export or other license); other event outside the reasonable control of the obligated party. We both
will use reasonable efforts to mitigate the effect of a force majeure event. If such event continues
for more than ninety (90) days, either of us may cancel unperformed services upon written notice.
Governing Law
This License will be governed by the law of the Republic of South Africa, without regard to the
conflict of laws principles thereof. The United Nations Convention on the International Sale of Goods
shall not apply to this Agreement. If any provision of this Agreement is to be held unenforceable,
such holding will not affect the validity of the other provisions hereof. Failure of a party to enforce
any provision of this Agreement shall not constitute or be construed as a waiver of such provision or
of the right to enforce such provision.

General
This Agreement constitutes the entire agreement between us and no agreements, variations,
representations or warranties between us other than those set out in writing and signed by us shall
be binding upon them.
The failure by one of us to enforce at any time or for any period any one or more of the terms or
conditions of this Agreement shall not be a waiver of them or of the right at any time subsequent to
enforce all terms and conditions of this Agreement.
Should any of the terms and conditions of this Agreement be held to be invalid, unlawful or
unenforceable, such terms and conditions shall be severable from the remaining terms and

conditions of the agreement, which shall continue to be valid and enforceable. If any term or
condition, held to be invalid, is capable of amendment to render it valid, the parties agree to
negotiate an amendment to remove the invalidity.
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, THAT YOU UNDERSTAND THIS
AGREEMENT, AND UNDERSTAND THAT BY CONTINUING THE INSTALLATION OF THE SOFTWARE
PRODUCT, BY LOADING OR RUNNING THE SOFTWARE PRODUCT, OR BY PLACING OR COPYING THE
SOFTWARE ONTO YOUR COMPUTER STORAGE DEVICE, YOU AGREE TO BE BOUND BY THIS
AGREEMENT’S TERMS AND CONDITIONS. YOU FURTHER AGREE THAT, EXCEPT FOR WRITTEN
SEPARATE AGREEMENTS BETWEEN HUBBLEGUM AND YOU, THIS AGREEMENT IS A COMPLETE AND
EXCLUSIVE STATEMENT OF THE RIGHTS AND LIABILITIES OF THE PARTIES.