End User License Agreement

LAUNCH MEDIA Inc.

“iScanDu” End User License Agreement (EULA)

PLEASE NOTE: IN EXCHANGE FOR ACCESS TO AND USE OF THIS SOFTWARE, INCLUDING ANY OTHER THIRD PARTY SOFTWARE, SERVICES AND/OR CONTENT MADE AVAILABLE THROUGH THIS SOFTWARE ("ISCANDU") YOU AGREE TO BE BOUND BY ALL THE TERMS SET FORTH HEREIN AND AS UPDATED FROM TIME TO TIME AT www.iscandu.com. NOTHING IN THIS AGREEMENT SHALL BE DEEMED TO CONFER ANY THIRD PARTY RIGHTS OR BENEFITS.

LICENSE

Limited License. Subject to the terms herein, Launch Media Inc. hereby grants to you a non-exclusive limited license to install and use the ISCANDU scanning software on one wireless communication device or on your computer. All rights not expressly granted are reserved by Launch Media Inc. and ISCANDU. You agree that this License is a limited license to use, and that Launch Media Inc. and ISCANDU retain all right, title to, and interest in ISCANDU and all copies of such, including all copyrights therein.

Restrictions. You agree that you will not reproduce, modify, distribute, sell, transfer, transmit or otherwise use ISCANDU in any way not authorized by this license. You agree not to remove any copyright or other proprietary notice from ISCANDU, or sublicense or transfer ISCANDU to a third party.

Breach & Termination. This Agreement shall terminate immediately, without notice, if you fail to comply with any material term of this Agreement. Upon termination, you agree to immediately erase ISCANDU from your wireless device and/or computer, and you agree to erase any related media from your wireless device.

DISCLAIMER OF WARRANTY

Launch MEDIA INC., ISCANDU, and any third party who makes its software and/or service(s) available to you through the use of ISCANDU hereby disclaim any responsibility for any harm resulting from your use of ISCANDU and/or any third party software accessed through ISCANDU. You acknowledge that you are responsible for any fees or charges incurred for wireless connection required for downloading ISCANDU or any third party software accessed through ISCANDU.

All software provided by Launch MEDIA INC. or ISCANDU, and all third party software accessed through the use of ISCANDU is offered "as is" with no warranties of any kind. To the fullest extent allowed by law, Launch MEDIA INC., ISCANDU, and any third parties whose software is accessed through the use of ISCANDU expressly disclaim all express, implied, or statutorily imposed warranties, including, but not limited to, warranties of merchantability, warranties of fitness for a particular purpose, and warranties of non-infringement of proprietary rights. Launch MEDIA INC., ISCANDU, and any third parties whose software is accessed through ISCANDU make no representations or warranties regarding the security of your mobile device or computer, or the performance or reliability of ISCANDU or the third party software.

You understand and agree that your use of ISCANDU or any third party software accessed through ISCANDU is at your own risk and discretion, and that ISCANDU and any such third party provider hereby disclaim responsibility for any data loss or damage to you device that may be related to your use herein.

Some states do not allow disclaimers of certain warranties. Depending on your location, some of the warranties described above may not apply to you.

You acknowledge and agree that Launch MEDIA INC. and ISCANDU make no representations about, and are not liable for the accuracy of the content, products description, prices, or any other related information. Further, we make no endorsement of any vendors or the content, products, or services offered by such vendors. You agree not to hold Launch MEDIA INC. or ISCANDU liable for any loss or damage of any sort resulting from your dealings with other vendors who interface with ISCANDU. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

Limitation of Liability.

LAUNCH MEDIA, INC., ITS AFFILIATES, and ISCANDU shall not be liable in any way whatsoever for damages, including direct, indirect, incidental, consequential, special, exemplary, or punitive damages incurred by any user from that user’s use or misuse of ISCANDU. This limitation of liability extends to warranty claims, tort claims, or otherwise, even if ISCANDU has been advised of the possibility of such damages, and even if the user had sought advice from ISCANDU’s support department.

Note: SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES as stated above, SO THEse LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

Support.

For any technical support questions or comments on how we can improve this software, please email support@launchmediainc.com. Please note that your suggestions may be used or incorporated by ISCANDU (or third party software) without compensation to you.

Miscellaneous.

This Agreement shall governed by Minnesota law and without regard to conflict of laws. Any dispute arising out of or relating to this Agreement or the breach thereof shall be discussed between the parties in a good-faith effort to arrive at a settlement. If such dispute cannot be resolved through discussion, such dispute shall be settled by arbitration administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules. The AAA Optional Rules for Emergency Measures of Protection shall also apply to the proceedings. The arbitration shall be conducted in Hennepin County, Minnesota by a single arbitrator. The costs of the arbitration, including the arbitrator’s compensation, shall be borne equally by the parties, except that the arbitrator shall have discretion to reallocate such costs. Each party shall bear its own attorneys’ fees. Judgment on the award may be entered in any court having jurisdiction thereof.

This Agreement constitutes the entire agreement between you, Launch Media, Inc, its affiliates, and ISCANDU regarding its subject matter and supersedes any prior agreement, whether written or oral, relating to the subject matter of this Agreement.

If you are or are acting on behalf of an agency or instrumentality of the United States Government, ISCANDU is commercial "computer software" developed exclusively at private expense. Pursuant to FAR 12.212 or DFARS 227 7202 and their successors, as applicable, use, reproduction and disclosure of the Application is governed by the terms of this Agreement.

Privacy Policy & DISCLOSURE

The downloadable application includes a unique identifying number so that we can return proper results and offer reliable service to you. In addition, Launch Media, Inc’s and ISCANDU's servers automatically record certain standard log information, including carrier gateway information, and the date, time and content of your request, as well as the unique identifying number. ISCANDU retains a cache of your recent searches on your device, which you can clear at any time. For information on how to clear your device, please visit www.iScanDu.com.

We process your requests in order to operate ISCANDU. In addition, we may use log information about ISCANDU usage to improve the quality of this and other ISCANDU products and services.