EULA Tweak Photos

End User License Agreement

Tweak Photos License Terms

These license terms are an agreement between Systweak Software ("Systweak") and you. Please read them. These terms apply to the software ("Tweak Photos" or “Licensed Software”), including the media on which you received it, if any. These terms also apply to any updates, supplements, and support services for TWEAK PHOTOS, unless other terms accompany those items. If so, those terms apply.

By selecting "I accept the agreement" or using TWEAK PHOTOS, you accept these terms. If you do not accept them, do not select "I accept the agreement" and/or do not use TWEAK PHOTOS. If you are a resident or citizen of, or located in, the United States of America when purchasing TWEAK PHOTOS, please be aware that this EULA provides for Class Action Waiver (as set forth below, the “Class Action Waiver” provision) and for your Disputes (as defined below) with Systweak to be referred to binding arbitration (as set forth below, in the “Dispute Resolution” provision), which may affect your rights under this EULA. You may opt out of the binding individual arbitration and class action waiver as provided below.

1. Use Rights

TWEAK PHOTOS is licensed on a per computer basis. If you comply with this agreement, for each license you acquire, you may install and use one copy of TWEAK PHOTOS. You may not share a license you acquire nor may you install TWEAK PHOTOS on more computers for which you have purchased licenses.

(a) The licensed full retail version of TWEAK PHOTOS will contain full functionality and you will be provided support services in the English language and upgrades for the period which you purchased TWEAK PHOTOS (the "Term").
After the "Term", the license key of the program will stop working and the program will convert to the trial version. You will have to purchase another license key to continue using the full retail version of TWEAK PHOTOS.

(b) Evaluation Or Trial Version. If TWEAK PHOTOS is an evaluation or trial version, it may contain limited functionality and/or cease operating after the designated trial period. This license will terminate after such period unless extended by Systweak upon your acquisition of a full retail version of TWEAK PHOTOS. If TWEAK PHOTOS is an evaluation or trial version, you agree that Systweak may periodically offer you, through in-product or stand-alone reminders or email (if you provide it to us), the opportunity to upgrade to the full retail version.

2. Privacy

You should refer to Systweak's privacy policy, available at www.systweak.com for a more detailed explanation of how your information may be stored and used by Systweak. You hereby agree to the collection and use of such information or data by Systweak.

3. No Performance Warranty

Systweak specifically disclaims any representation or warranty for the amount of performance increase or utility provided by TWEAK PHOTOS. TWEAK PHOTOS will not necessarily increase performance or provide a utility benefit on your computer, and Systweak makes no claim of specific deficiency, defect, or underperformance with respect to your computer. Any claims of performance increases or utility made for TWEAK PHOTOS are those of possible or potential improvement or utility, and no representation or warranty is offered that a specific utility or amount of performance increase, if any, will be realized on any particular computer. Each computer is different and the scenarios under which they are used are different, and no claim is made that any one computer or usage scenario shall result in any performance increase or utility benefit from TWEAK PHOTOS.

4. Your Feedback

If you give feedback about TWEAK PHOTOS to Systweak, you give to Systweak, without charge, the right to use that feedback for any purpose. You will not give feedback that is subject to a license that requires Systweak to license its software or documentation to third parties because we include your feedback in them. These rights survive this agreement.

5. Scope of License

TWEAK PHOTOS is licensed, not sold. TWEAK PHOTOS is protected by copyright, patent and other intellectual property laws and treaties. This agreement only gives you some rights to use TWEAK PHOTOS. Systweak reserves all other rights. Unless applicable law gives you more rights despite this limitation, you may use TWEAK PHOTOS only as expressly permitted in this agreement. In doing so, you must comply with technical limitations in TWEAK PHOTOS that only allow you to use it in certain ways. You may not:

work around the technical limitations in TWEAK PHOTOS;

reverse engineer, decompile or disassemble TWEAK PHOTOS, except and only to the extent that applicable law expressly permits, despite this limitation;

install on more computers or make more copies of TWEAK PHOTOS than specified in this agreement or allowed by applicable law, despite this limitation;

separation of Components. The Licensed Software is licensed as a single product. Its component parts may not be separated for use on more than one COMPUTER;

publish TWEAK PHOTOS for others to copy;

distribute TWEAK PHOTOS to any third party;

rent, lease or lend TWEAK PHOTOS; or

transfer TWEAK PHOTOS or this agreement to any third party.

USE FOR MISSION CRITICAL USE. You warrant that you understand and agree that the software is not designed, intended or licensed for use in hazardous environments requiring fail-safe controls, including without limitation, the design, construction, maintenance or operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, life support or weapons systems, or any environment where a software or computer defect or failure could result in injury to persons or physical damage. Systweak specifically disclaims any express or implied warranty of fitness for such purposes.

6. Support Services

Systweak may provide you with support services related to TWEAK PHOTOS. Additional terms may govern support services. Any supplemental software code provided to you as part of the support services or otherwise will be considered part of TWEAK PHOTOS and subject to this agreement. Systweak is responsible for order fulfillment only and will provide customer support during its normal business hours. Systweak has contracted or may in the future contract with third parties to provide technical support for TWEAK PHOTOS.

7. U.S. Government Restricted Rights

TWEAK PHOTOS and its accompanying documentation are deemed to be commercial computer software as defined in FAR 12.212 and subject to restricted rights as defined in FAR Section 52.227-19 "Commercial Computer Software - Restricted Rights" and DFARS 227.7202, "Rights in Commercial Computer Software or Commercial Computer Software Documentation", as applicable, and any successor regulations. The manufacturer is Systweak Software, G1, Tower B1, Evolve, Mahindra World City, Ajmer Road, Jaipur, Rajasthan, India, 302037. Any use, modification, reproduction release, performance, display or disclosure of TWEAK PHOTOS by the U.S. Government shall be solely in accordance with the terms of this agreement.

8. Export Restrictions

TWEAK PHOTOS is subject to applicable U.S. export laws and regulations. You must comply with all domestic and international export laws and regulations that apply to TWEAK PHOTOS. These laws include restrictions on destinations, end users and end use. You agree not to export TWEAK PHOTOS to any prohibited country, entity, or person for which an export license or other governmental approval is required. Obtaining necessary licenses and approvals is solely your obligation.

9. DISCLAIMER OF WARRANTIES

TWEAK PHOTOS IS LICENSED "AS-IS" AND DEFECTS MAY CAUSE IT TO NOT FUNCTION PROPERLY. ALTHOUGH NOT INTENDED, AS WITH ALL COMPUTER SOFTWARE, IT IS POSSIBLE A DEFECT COULD CAUSE YOUR COMPUTER TO FUNCTION IMPROPERLY. YOU BEAR THE RISK OF USING TWEAK PHOTOS. SYSTWEAK GIVES NO EXPRESS WARRANTIES, GUARANTEES OR CONDITIONS. YOU MAY HAVE ADDITIONAL CONSUMER RIGHTS UNDER YOUR LOCAL LAWS THAT THIS AGREEMENT CANNOT CHANGE. TO THE EXTENT PERMITTED UNDER YOUR LOCAL LAWS, SYSTWEAK EXCLUDES THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TWEAK PHOTOS IS NOT DESIGNED, INTENDED OR LICENSED FOR USE IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL- SAFE CONTROLS, INCLUDING WITHOUT LIMITATION, THE DESIGN, CONSTRUCTION, MAINTENANCE OR OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, LIFE SUPPORT OR WEAPONS SYSTEMS, OR ANY OTHER USE WHERE A SOFTWARE MALFUNCTION COULD CAUSE PROPERTY DAMAGE OR PERSONAL INJURY, AND SYSTWEAK SPECIFICALLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR SUCH PURPOSES.

10. Limitation on and Exclusion of Damages

Systweak's liability under this agreement is limited. You can recover from Systweak and its third-party suppliers only direct damages up to the greater of the amount that you paid for TWEAK PHOTOS OR U.S. $5.00. You cannot recover any other damages, including consequential, lost profits, special, indirect or incidental damages. This limitation applies to anything related to TWEAK PHOTOS, and any services, content (including code) on third party Internet sites, or third party programs, and claims for breach of contract, breach of warranty, guarantee or condition, strict liability, negligence, or other tort to the extent permitted by applicable law. It also applies even if Systweak knew or should have known about the possibility of the damages. The above limitation or exclusion may not apply to you because your state or country may not allow the exclusion or limitation of incidental, consequential or other damages.

11. Legal Effect

This agreement describes certain legal rights between you and Systweak. You may have other rights under the laws of your state or country. You may also have rights with respect to the party from whom you acquired TWEAK PHOTOS. This agreement does not change your rights under the laws of your state or country if the laws of your state or country do not permit it to do so.

12. Applicable Law

U.S. law governs the interpretation of this agreement and applies to claims for breach of it, regardless of conflict of laws principles. Jurisdiction over and venue of any suit arising out of or related to this agreement will be in the state courts located in Santa Clara, California, USA.

13. LIMITED WARRANTY

LIMITATION OF IMPLIED WARRANTY OR CONDITION. If an implied warranty or condition is created your state/jurisdiction and federal or state/provincial law prohibits disclaimer of it, you also have an implied warranty or condition, BUT ONLY AS TO DEFECTS DISCOVERED DURING THE PERIOD OF THIS LIMITED WARRANTY (THIRTY DAYS). AS TO ANY DEFECTS DISCOVERED AFTER THE THIRTY (30) DAY PERIOD, THERE IS NO WARRANTY OR CONDITION OF ANY KIND. Some states/jurisdictions do not allow limitations on how long an implied warranty or condition lasts, so the above limitation may not apply to you.

APPLICATION TO ENTIRE PROMOTION, DOWNLOAD AND PURCHASE PROCESS By By accepting this EULA and continuing with your purchase you agree that the limitations of warranty and liability provided in this EULA shall be held to cover the entire purchase, download and checkout process from first sponsored advertising impression through the acceptance of this EULA. The purchase process shall be defined to include, without limitation, any commercial efforts by Systweak or its agents to market and promote this product to you as well as the checkout process intended to secure the sale, including the encryption and transmission of your data electronically to Systweak's or its agents' credit card transaction systems. If you do not agree with the application of these limitations to the entire promotion and purchase process, do not continue the checkout process.

LIMITATION OF CLAIM PERIOD Any claim of defect or failure, regardless of applicable express or warranty, must be made to Systweak in writing at Systweak Software, G1, Tower B1, Evolve, Mahindra World City, IT/ITES SEZ, Village Kalwara, Ajmer Road, Jaipur, Rajasthan, India, 302037, within thirty (30) days of purchase. You agree that a failure to notify Systweak of any such claim within this thirty (30) day claim period completely releases Systweak of any responsibility, warranty or liability associated with the Licensed Software regardless of whether this warranty is created by your state/jurisdiction and federal or state/provincial law.

EVALUATION VERSIONFor evaluation or limited functionality versions of the Licensed ("TRIALS"), which shall be considered to be any copy of the Licensed Software where no purchase price is paid prior to obtaining the software, you agree that your sole recourse to Systweak and to the party from which you obtained the free version for any defect or failure in the Licensed Software is to remove the Licensed Software from your computer at your own expense.

CUSTOMER REMEDIES Systweak's and its suppliers' entire liability and your exclusive remedy shall be, Systweak's option, either (a) return of the price paid, if any, or (b) repair or replacement of the Licensed Software that does not meet Systweak's Limited Warranty and which is returned to Systweak with a copy of your receipt (or sufficient identifying information to be able to retrieve your purchase information in lieu thereof, at Systweak's sole discretion). This Limited Warranty is void if failure of the Licensed Software has resulted from accident, abuse, or misapplication. Any replacement Licensed Software will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer. Outside the United States, neither these remedies nor any product support services offered by Systweak are available without proof of purchase from an authorized international source.

LIMITATION OF LIABILITYTo the maximum extent permitted by applicable law, in no event Systweak or its agents, officers or suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the use of or inability to use the Licensed Software or the advertising of the Licensed Software or the provision of or failure to provide Support Services, even if Systweak has been advised of the possibility of such damages. In any case, Systweak's entire liability under any provision of this EULA or any responsibility or liability created by the laws of your state/jurisdiction shall be limited to the amount actually paid by you for the Licensed Software. Because some states and jurisdictions do not allow the exclusion or limitation of liability, the above limitation may not apply to you.

NOT FOR MISSION CRITICAL USEYou warrant that you understand and agree that the software is designed, intended or licensed for use in hazardous environments requiring fail-safe controls, including without limitation, the design, construction, maintenance or operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, life support or weapons systems, or any environment where a software or computer defect or failure could result in injury to persons or physical damage. Systweak specifically disclaims any express or implied warranty of fitness for such purposes.

BACKUP RESPONSIBILITY The Licensed Software is a system utility, and as such can make changes to the state of computer on which it is run and that Systweak cannot accurately predict or ensure the outcome in all possible scenarios, and therefore purchaser agrees to make and test a complete system backup, and a backup of all personal information, before operating the Licensed Software. You agree that you accept all responsibility for reversing or correcting any changes made by the Licensed Software.

NO PERFORMANCE WARRANTY Systweak specifically disclaims any warranty for the amount performance increase or utility provided by the Licensed Software. By purchasing this software and accepting this EULA you specifically agree that you understand that no representation or warranty is made by Systweak that the Licensed Software will necessarily increase performance or provide a utility benefit on your computer, and that no claim of specific deficiency, defect, or underperformance has been made with respect to your computer. Any claims of performance increases or utility made for the software are those of possible or potential improvement or utility, and no warranty is offered that a specific utility or amount of performance increase, if any, will be realized on any particular computer. Each computer is different and the scenarios under which they are used are different, and no claim is made that any one computer or usage scenario shall see a performance increase or utility benefit from the Licensed Software. Your sole remedy for any dissatisfaction with the presence of or the degree or amount of performance improvement or utility shall be limited to the customer remedies described above.

NO OTHER WARRANTIES To the maximum extent permitted by applicable law, Systweak and suppliers disclaim all other warranties and conditions, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement, with regard to the Licensed Software, and the provision of or failure to provide Support Services. THE LIMITED WARRANTY THAT APPEARS ABOVE IS THE ONLY EXPRESS WARRANTY MADE TO YOU AND IS PROVIDED IN LIEU OF ANY OTHER EXPRESS WARRANTIES (IF ANY) CREATED BY ANY DOCUMENTATION OR PACKAGING, OR LICENSE AGREEMENTS THAT MAY ACCOMPANY THE PRODUCT ITSELF. EXCEPT FOR THE LIMITED WARRANTY AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SYSTWEAK AND ITS AGENTS, OFFICERS, AND SUPPLIERS PROVIDE THE SOFTWARE AND SUPPORT SERVICES (IF ANY) AS IS AND WITH ALL FAULTS, AND HEREBY DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY (IF ANY) IMPLIED WARRANTIES, DUTIES OR CONDITIONS OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY OR COMPLETENESS OR RESPONSES, OF RESULTS, OF WORKMANLIKE EFFORT, OF LACK OF VIRUSES AND OF LACK OF NEGLIGENCE, OF FAILURE TO PREVENT VIRUSES OR TROJANS, OF FAILURE TO PREVENT UNAUTHORIZED ACCESS OR USE ALL WITH REGARD TO THE SOFTWARE, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. ALSO, HERE IS NO WARRANTY OR CONDITION OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, AND CORRESPONDENCE TO DESCRIPTION OR NON- INFRINGEMENT WITH REGARD TO THE SOFTWARE. This limited warranty gives you specific legal rights. You may have others, which vary from state/jurisdiction to state/jurisdiction.

14. RESOLUTION OF DISPUTES

THE FOLLOWING DISPUTE RESOLUTION MECHANISM APPLIES TO YOU IF YOU RESIDE IN, ARE LOCATED IN, ARE A CITIZEN OF A EUROPEAN UNION MEMBER STATE, OR ARE LOCATED ANYWHERE OTHER THAN THE UNITED STATES OF AMERICA:Any dispute arising from or in connection with this EULA shall be referred to the exclusive jurisdiction of the Courts of Santa Clara, California, USA, to the permissible extent allowed by the consumer laws of your normal place of residence.

THE FOLLOWING DISPUTE RESOLUTION MECHANISM APPLIES TO YOU IF YOU ARE A RESIDENT OR CITIZEN OF, OR LOCATED IN, THE UNITED STATES OF AMERICA WHEN PURCHASING TWEAK PHOTOS:This provision governs the prompt and efficient resolution of any Disputes that may arise between you and Systweak. Arbitration is a technique for the resolution of disputes outside the courts, in which persons or entities waive their rights to file a lawsuit or proceed in court and use a trial jury, and instead use a neutral third person or party (the “arbitrator”) resulting in a binding decision. As detailed below, you have the right to opt out of this Provision, in which case you would retain your rights to bring your disputes in court, either before a judge or jury.

Please review this Provision carefully It allows for all Disputes between you and Systweak (as defined below for the purposes of this Provision) to be resolved by binding arbitration. Arbitration displaces the right to go to court. Without this arbitration agreement, you could otherwise have a right or opportunity to bring a claim in court before a judge or jury, and/or participate or be represented, in a case filed in court by others (including but not limited to class actions). Except as provided otherwise, your entering into this agreement constitutes a waiver of your right to litigate claims and all opportunity to be heard by a judge or jury. A court review of an arbitration award is limited, and there is no judge or jury in arbitration. The arbitrator must adhere to this agreement, and may award damages and equitable relief as found in a court, including attorneys’ fees.

For the purpose of this Provision, “Systweak” means Systweak and its affiliate companies, including but not limited to parent and subsidiary companies, and each of their respective officers, directors, employees, and agents. The term “Dispute” means any dispute, claim, or controversy between you and Systweak regarding any and all aspects of your relationship with Systweak, whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, or negligence), or any other legal or equitable theory, and includes the validity, enforceability or scope of this Provision (with the exception of the enforceability of the Class Action Waiver clause below). “Dispute” is to be given the broadest possible meaning that will be enforced.

YOU AND SYSTWEAK AGREE THAT, EXCEPT AS PROVIDED BELOW, ANY AND ALL DISPUTES, AS DEFINED ABOVE, WHETHER PRESENTLY IN EXISTENCE OR BASED ON ACTS OR OMISSIONS IN THE PAST OR IN THE FUTURE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION RATHER THAN IN COURT IN ACCORDANCE WITH THIS PROVISION.

Pre-Arbitration Claim Resolution For all Disputes, whether pursued in court or through arbitration, must first give Systweak an opportunity to resolve the Dispute. You must commence this process by mailing a written notification to Systweak Software, Attn: Resolutions, G1, Tower B1, Mahindra World City, IT/ITES SEZ, Village Kalwara, Ajmer Road, Jaipur, Rajasthan, 302037 India. That written notification must include the following: (1) your name, (2) your address, (3) a written description of your Dispute, and (4) a description of the specific relief you seek. If Systweak does not resolve the Dispute within 45 days after receiving your written notification, you may pursue your Dispute in arbitration. You may only pursue your Dispute in a court as described under the circumstances below.

Exclusions from Arbitration, Right to Opt Out.Notwithstanding the above, you or Systweak may to pursue a Dispute in court and not by arbitration if (a) the Dispute qualifies, where it may be initiated in small claims court; or (b) YOU OPT-OUT OF THESE ARBITRATION PROCEDURES WITHIN 30 DAYS FROM THE DATE THAT YOU FIRST CONSENT TO THIS AGREEMENT (the “Opt-Out Deadline”). You may opt out of this Provision by mailing written notification to Systweak Software, Attn: Opt-Out, G1, Tower B1, Mahindra World City, IT/ITES SEZ, Village Kalwara, Ajmer Road, Jaipur, Rajasthan, 302037 India. Your written notification must include the following: (1) your name, (2) your address, and (3) a clear statement that you do not wish to resolve disputes through arbitration with Systweak. Opting out of this Provision will have no adverse effect on your relationship with Systweak.Any opt-out request received after Opt-Out Deadline will not be valid and you must then pursue your Dispute in arbitration or small claims court.

Arbitration ProceduresIf this Provision applies and the Dispute is not resolved as provided above Arbitration Claim Resolution”), arbitration proceedings may be initiated by either you or Systweak. The arbitration will be conducted in accordance with the American Arbitration Association’s (“AAA”) Commercial Arbitration Rules (“Commercial Rules”) and, when deemed appropriate by the arbitration forum or arbitrator, the AAA’s Supplementary Procedures for Consumer-Related Disputes (“Consumer Procedures”), or the appropriate rules of any alternative arbitration forum selected by you and Systweak. The arbitration will be conducted before a single arbitrator and shall be conducted as an individual arbitration, and in no event shall be commenced as a class arbitration. The arbitrator will decide all issues, including the scope of this Provision.

The AAA rules are available from the AAA, which can be contacted by mail at 1633 Broadway, Floor 10, New York, New York 10019, by telephone at (800) 778-7879, or through its website at www.adr.org. This Provision governs in the event it conflicts with the applicable arbitration rules. Under no circumstances will class action procedures or rules apply to the arbitration.

This EULA and the Licensed Software concerns interstate commerce, therefore the Federal Arbitration Act (“FAA”) governs the arbitrability of all Disputes. The arbitrator will, however, apply applicable substantive law consistent with the FAA and the applicable statute of limitations or condition precedent to suit.

Confidentiality All All aspects of the arbitration proceeding, and any ruling, decision or award by arbitrator, will be strictly confidential for the benefit of you and Systweak, and both you and Systweak shall have the right to prevent any actual or threatened breach of this confidentiality provision by temporary, preliminary or permanent injunctive or declaratory relief in an appropriate court of law.

Arbitration Award The The arbitrator may award on an individual basis any relief that would be pursuant to applicable law, and will not have the power to award relief to, against or for the benefit of any person who is not a party to the proceeding. The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party. Such award will be final and binding on the parties, except for any right of appeal provided by the FAA, and may be entered in any court having jurisdiction over the parties for purposes of enforcement. In making any award, the arbitrator will be restricted by the Limitation of Liability provisions in these License Terms (EULA). The arbitrator shall not have the power to award any punitive [or consequential] damages.

Location of Arbitration You You or Systweak may initiate arbitration in either Santa Clara, California or federal judicial district that includes the address you provide in your written notification of Pre- Arbitration Claim Resolution. In the event that you select the federal judicial district that includes the address you provide in your written notification of Pre-Arbitration Claim Resolution, Systweak may transfer the arbitration to Santa Clara, California in the event that it agrees to pay any additional fees or costs you incur as a result of the transfer, as determined by the arbitrator.

Payment of Arbitration Fees and Costs Systweak will pay all arbitration filing fees and arbitrator’s costs and expenses upon your written request given prior to the commencement of the arbitration. You are responsible for all additional fees and costs that you incur in the arbitration, including, but not limited to, attorneys or expert witnesses. Fees and costs may be awarded as provided pursuant to applicable law. In addition to any rights to recover fees and costs under applicable law, if you provide notice and negotiate in good faith with Systweak as provided in the section above titled “Pre-Arbitration Claim Resolution” and the arbitrator concludes that you are the prevailing party in the arbitration, you will be entitled to recover reasonable attorney’s fees and costs as determined by the arbitrator.

Waiver of Class Action Except Except as otherwise provided in this Provision, the arbitrator may not more than one person’s claims, and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, consolidated action or private attorney general action) unless both you and Systweak specifically agree to do so following initiation of the arbitration.If you choose to pursue your Dispute in court by opting out of this Provision, as specified above in section “Exclusions from Arbitration, Right to Opt Out”, this Class Action Waiver will not apply to you. Neither you, nor any other user of the Licensed Software can be a class representative, class member, or otherwise participate in a class, consolidated, or representative proceeding without having

Jury Waiver YOU AND SYSTWEAK HERETO IRREVOCABLY WAIVE ANY AND ALL RIGHT TO TRIAL BY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE TRANSACTIONS CONTEMPLATED HEREBY.

Severability. If any clause within this Provision (other than the Class Action Waiver clause above) is to be illegal or unenforceable, that clause will be severed from this Provision, and the remainder of this Provision will be given full force and effect.

Review by Arbitrator.Any dispute regarding this Provision, including the enforceability of this or the arbitrability of any Dispute as provided in this Provision, shall be for the arbitrator to determine.

Continuation.This Provision “DISPUTE RESOLUTION” shall survive the termination of your use of Licensed Software and any related Systweak websites or services.

15. Entire Agreement; Severability.

This agreement and any amendments to it, and the terms for supplements, updates, and support services are the entire agreement for TWEAK PHOTOS and the support services. This agreement will be construed and enforced in accordance with the laws of the State of California and of the United States of America applicable to contracts entered into and performed in California to the maximum extent permitted by law. If for any reason any provision of this agreement is held to be invalid or unenforceable to any extent, then (a) such provision will be interpreted, construed or reformed to the extent reasonably required to render the same valid, enforceable and consistent with the original intent underlying such provision; (b) such provision will remain in effect to the extent that it is not invalid or unenforceable; and (c) such invalidity or unenforceability will not affect any other provision of this agreement.