Tumult Hype End User License Agreement
By agreeing to have any of Tumult Inc. software products installed on to your computer equipment and by subsequent use of the
Software, you agree to comply with the terms of this general End User Licence Agreement (“EULA”) where no specific agreement is
in place between Tumult Inc. and the user of the software. If you do not agree to the terms of this EULA, do not install or use the
Software but return it for a full refund.
1. General. The software, documentation and any fonts accompanying this License whether on disk, in read only memory, on any other
media or in any other form (collectively the "Tumult Software") are licensed, not sold, to you by Tumult Inc. ("Tumult") for use only under the
terms of this License, and Tumult reserves all rights not expressly granted to you. The rights granted herein are limited to Tumult's and its
licensors' intellectual property rights in the Tumult Software and do not include any other patents or intellectual property rights. The rights
granted under the terms of this License include any software upgrades that replace and/or supplement the original Tumult Software product,
unless such upgrade contains a separate license.
2. Permitted License Uses and Restrictions. This License allows you to install and use one copy of the Tumult Software on a single
computer at a time. This License does not allow the Tumult Software to exist on more than one computer at a time, and you may not make
the Tumult Software available over a network where it could be used by multiple computers at the same time. You may make one copy of the
Tumult Software in machine-readable form for backup purposes only; provided that the backup copy must include all copyright or other
proprietary notices contained on the original. Except as and only to the extent expressly permitted in this License or by applicable law, you
may not copy, decompile, reverse engineer, disassemble, modify, or create derivative works of the Tumult Software or any part thereof.
3. Termination. This License is effective until terminated. Your rights under this License will terminate automatically without notice from
Tumult if you fail to comply with any term(s) of this License. Upon the termination of this License, you shall cease all use of the Tumult
Software and destroy all copies, full or partial, of the Tumult Software.
4. Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL TUMULT 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 TUMULT SOFTWARE, HOWEVER
CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF TUMULT 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 Tumult's total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury)
exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
5. Export Control. You may not use or otherwise export or reexport the Tumult Software except as authorized by United States law and the
laws of the jurisdiction in which the Tumult Software was obtained. In particular, but without limitation, the Tumult Software may not be
exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department's list of Specially
Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By using the Tumult Software, you represent
and warrant that you are not located in any such country or on any such list. You also agree that you will not use these products for any
purposes prohibited by United States law, including, without limitation, the development, design, manufacture or production of nuclear,
missiles, or chemical or biological weapons.
6. Controlling Law and Severability. This License will be governed by and construed in accordance with the laws of the State of Delaware,
as applied to agreements entered into and to be performed entirely within Delaware between Delaware residents. This License shall not be
governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.
If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of this License
shall continue in full force and effect.
7. Complete Agreement; Governing Language. This License constitutes the entire agreement between you and Tumult relating to the
Tumult Software, and supersedes all prior or contemporaneous understandings regarding such subject matter. No amendment to or
modification of this License will be binding unless in writing and signed by Tumult. Any translation of this License is done for local
requirements and in the event of a dispute between the English and any non- English versions, the English version of this License shall
govern, to the extent not prohibited by local law in your jurisdiction.

