LICENSED APPLICATION END USER LICENSE AGREEMENT
PLEASE READ THIS DOCUMENT CAREFULLY BEFORE DOWNLOADING OR USING THIS LICENSED APPLICATION. THIS LICENSE PROVIDES YOU WITH A LICENSE TO USE THE LICENSED APPLICATION AND CONTAINS WARRANTY AND LIABILITY INFORMATION. BY USING THE LICENSED APPLICATION, YOU ARE ACCEPTING THE LICENSED APPLICATION "AS IS" AND "AS AVAILABLE", AND AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE AGREEMENT. IF YOU DO NOT WISH TO BE SO BOUND, DO NOT DOWNLOAD OR USE THE LICENSED APPLICATION. 1. Scope of License. Licensed Application is licensed, not sold, to you for use only under the terms of this License. You acknowledge that this License is concluded between you and Eric Avenue ("Company") only, and not the digital store from which the Licensed Application is downloaded, and that Company is solely responsible for the Licensed Application and the content thereof.

2. Age Requirements. The Licensed Application is available for individuals aged 13 years or older. If you are 13 or older but under the age of 18, you should review this Agreement with your parent or guardian to make sure that you and your parent or guardian understand these terms and conditions.

3. Grant of License. Company grants a nonexclusive and nontransferable License that allows you to use the Licensed Application only for non-commercial purposes on any device that you own or control, and as permitted by the rules of the digital store from which the Licensed Application is downloaded.

4. Rights Reserved. Company reserves all rights not specifically granted in this License, including domestic and international patents and copyrights. Company retains all ownership, right, title and interest in and to the Licensed Application and in all copies and upgrades, documentation trade secrets, know how, methodologies and processes.

5. Support. Company may, in its sole discretion, offer support for the Licensed Application in the form of technical support via email. You acknowledge that the digital store from which the Licensed Application is downloaded has no obligation to furnish any maintenance and support for the Licensed Application.

6. New Versions. Company may from time to time release new versions or updates to the Licensed Application. If you wish to be notified when a new version of the Licensed Application is released, you may choose to accept an automatic download or an appropriate notice. This License Agreement shall govern all new versions or releases. Additional fees for new versions and upgrades may apply.

7. Restrictions. 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. You shall not copy, decompile, reverse engineer, disassemble, include in other software, translate, make any modification, create derivative works or use the Licensed Application in any manner not authorized by this Agreement. You shall not rent, lease, resell, sublicense, assign, redistribute, export, or otherwise transfer the Licensed Application or this License. Any attempt to do so shall be void and of no effect. If you breach this restriction, you may be subject to prosecution and damages.

8. Ownership of Intellectual Property. The Licensed Application and the Company's logos, product names, source and content codes, documentation and other support materials are either patented, copyrighted, trademarked, constitute valuable trade secrets and/or confidential information (whether or not any portion of them may be copyrighted or patented or marked as such) or are otherwise proprietary to the Company. All such materials are the sole and exclusive property of the Company. You may not remove or obscure Company copyright, trademark or other proprietary notices from any of the materials contained in or with the Licensed Application.

9. Collection of Information. You agree that Company may collect and use technical data and related information, including but not limited to technical information about your device that is gathered periodically to facilitate the provision of Licensed Application. Please review our Privacy Policy with regard to the collection and use of this information.

10. Use of Licensed Application. You understand and acknowledge that by using the Licensed Application you may encounter content that may be deemed offensive, indecent, or objectionable. Nevertheless, you agree to use the Licensed Application at your sole risk and that the Company shall not have any liability to you for content that you may find to be offensive, indecent, or objectionable.

11. Access to the Internet. You understand and acknowledge that the transmission of data or information over the Internet or other publicly accessible networks is not secure, and is subject to possible loss, interception or alteration while in transit. Accordingly, Company do not assume any liability for any damage you may experience or costs you may incur as a result of any transmissions over the Internet or other publicly accessible networks.

12. Other Proprietary Information. You agree not to use the Licensed Application in any manner that infringes, violates or interferes with the rights of any other party.

13. Compliance with Applicable Laws. The Licensed Application may not be displayed in all languages or be permitted to be used in all countries. Company makes no representation that the Licensed Application is appropriate or available for use in any particular location. To the extent you choose to access the Licensed Application, you do so at your own initiative and are responsible for compliance with all applicable laws.

14. Right to Change, Suspend, or Disable Access to the Licensed Application. Company reserves the right to change, suspend, remove, or disable access to Licensed Application at any time without notice. In no event will Company be liable for the removal of or disabling of access to the Licensed Application. Company may also impose limits on the use of or access to the Licensed Application, in whole or in part, in any case and without notice or liability.

15. Refund. In the event of any failure of the Licensed Application to conform to any applicable warranty, you may notify the digital store from which the Licensed Application is downloaded, and it will refund the purchase price. To the maximum extent permitted by applicable law, the digital store from which the Licensed Application is downloaded will have no warranty or obligation whatsoever with respect to the Licensed Application.

16. 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 IS PROVIDED "AS IS" AND "AS AVAILABLE", WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND COMPANY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE LICENSED APPLICATION, 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. COMPANY DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE LICENSED APPLICATION, THAT THE FUNCTIONS CONTAINED IN OR PROVIDED BY THE LICENSED APPLICATION WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE LICENSED APPLICATION WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE LICENSED APPLICATION OR LICENSED APPLICATION WILL BE CORRECTED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.

17. LIMITATION OF LIABILITY. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL COMPANY 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 OR PERSONAL 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 COMPANY 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 COMPANY'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 PAID FOR THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

18. Location of End User. You may not use or otherwise export or re-export the Licensed Application except as authorized by the laws of the jurisdiction in which the Licensed Application was obtained. Further, you represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a terrorist supporting country; or (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

19. Your Indemnification. You shall indemnify, defend, and hold harmless the Company and its affiliates, officers, directors, shareholders, agents, representatives, employees and contractors from and against any and all losses, expenses and liabilities (including reasonable attorneys' fees and any costs incurred pursuing indemnification claims hereunder), whether actual or threatened, resulting from or in any way connected with (i) your violation of this Agreement; (ii) unauthorized use of the Licensed Application by you or any third party; or (iii) third party claims related to your use of the Licensed Application under this Agreement. This indemnification extends beyond the term of this License, and shall be in addition to any other remedy at law or in equity that may be available to Company.

20. Termination. This License is effective until terminated by you or Company. Your rights under this License will terminate automatically without notice from the Company if you fail to comply with any term of this License. Upon termination of the License, you shall cease all use of the Licensed Application and destroy all copies of the Licensed Application in your possession.

21. Third Party Beneficiaries. You acknowledge and agree that the digital store from which the Licensed Application is downloaded is a third party beneficiary of this License, and upon your acceptance of the terms and conditions, the digital store from which the Licensed Application is downloaded will have the right to enforce this License Agreement against you as a third party beneficiary. Other than stated in this paragraph, no other rights are conferred on any third party.

22. Third Party Claims. You acknowledge that, in the event of a claim such that use of the Licensed Application infringes a third party's intellectual property rights or that the Licensed Application violates consumer protection or similar legislation, Company, not the digital store from which the Licensed Application is downloaded, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.

23. Choice of Laws. The laws of New South Wales, excluding its conflicts of law rules, govern this License and your use of the Licensed Application. Your use of the Licensed Application may also be subject to other local, state, national, or international laws.

24. Jurisdiction and Venue. All disputes arising out of this Agreement shall be subject to the exclusive jurisdiction of the Australian Centre for International Commercial Arbitration, and shall be resolved by a single arbitrator whose decision is binding on the parties and may be entered with any court having appropriate jurisdiction.

25. Entire Agreement. This Agreement contains the complete agreement between the parties with respect to the subject matter hereof, and supersedes all prior or contemporaneous agreements or understandings, whether oral or written.

26. Remaining Provisions. If any portion hereof is found to be void or unenforceable, the remaining provisions of this License shall remain in full force and effect.

27. Waiver. Any waiver of the provisions of this Agreement or of a party's rights or remedies under this Agreement must be in writing. Failure, neglect or delay by a party to enforce the provisions of this Agreement or its rights or remedies at any time, will not be construed or be deemed to be a waiver of such party's rights under this Agreement and will not in any way affect the validity of the whole or any part of this Agreement or prejudice such party's right to take subsequent action.

28. Assignment. Neither this Agreement nor any rights under this Agreement may be assigned or otherwise transferred, in whole or in part, whether voluntary or by operation of law, without the prior written consent of Company. Subject to the foregoing, this Agreement will be binding upon and will inure to the benefit of the parties and their respective successors and assigns.

29. Questions, Comments, and Concerns. All questions, comments or concerns with respect to this Agreement shall be directed to:

Company - Eric Ave Contact Name: Emma or Lucy Address 8 Eric Ave, Black Forest Email Address: admin@kwyzzislands.com

DISCLAIMER
Updated as at 01/01/2017

GENERAL 1. Welcome to Kwyzzislands Trivia Game, ("KTG").

2. KTG is an application that can be found on Apple's iTunes Store and Google Play Kwyzzislands Trivia Game ("the Application").

3. We are a gaming application and a brand that provides users the enjoyment of a variety of quiz styles (i.e. matching and find a word, mixed in with the traditional one question, multiple choice answers).

CONTENTS - CELEBRITIES 4. Without limitations, the images and/or photos of celebrities and celebrity facts/information used in the Application are used strictly as a means of illustrations and only for fact(s) only within the Application ("the Celebrity Illustrations").

5. All the Celebrity Illustrations are used as entertainment, references and information only. The Celebrity Illustrations are used for non-profit purposes and only facilitate the gameplay of the Application.

6. Unless otherwise specified, KTG is not affiliated with any of the celebrities. The photos are in no way meant to constitute an endorsement (of either the Application or of any fact(s) mentioned in Application) by the celebrity or by any business featured in the Application.

7. The Application may lists facts of celebrities, in an attempt to entertain users in respect of the gameplay of the Application, this may include, Illustrations. ("the Contents")

8. Illustrations of the relevant celebrities are used to illustrate the Application and the contents should not be interpreted to mean that the celebrity endorses those Contents. Such Contents are provided "as is" with no warranty, express or implied, for the information provided.

9. Good Faith Usage - Objections

If anyone objects to the use of a particular celebrity image/photo/illustration, please email KTG at info@kwyzzislands.com 9.1 , And KTG will promptly remove the offending image.

Likewise, if anyone spots a factual error in any of the Contents or the use of the Celebrity Photos and would like to see it corrected, email KTG immediately at info@kwyzzislands.com 9.2 And KTG will promptly correct the mistake.

IMAGE DISCLAIMER 10. KTG only claims strictly ownership of all the redrawn animated or otherwise sketches, impressions of Celebrities images/illustrations and does not claim ownership and the abuse use of any Celebrities found on the Application.

CONTENTS ON THE APPLICATION 11. All information contained, posted and/or displayed on the Application is for information purposes only.

12. KTG is not and will not be liable, either expressly or in an implied manner, and is not responsible for any physical and/or emotional problems that may and/or could occur from any of the information on the Application.

DISCLAIMER OF WARRANTIES 13. You agree that use of the Application is at your sole risk. All information and content are provided on an "as is" and "as available" basis.
14. KTG, its affiliates, agents and licensors cannot and do not warrant the accuracy, completeness, correctness, non-infringement, merchantability, or fitness for a particular purpose of the information, materials and/or content available through the Application.

15. KTG does not guarantee the Application to be error-free, secure, continuously available or free of viruses or other harmful components.

16. You also agree that if you rely on any data or information obtained through the Application, you do so at your own risk. You are solely responsible for any damage or loss that results from your use of any material and/or data.

LIMITATION OF LIABILITY 17. Under no circumstances will KTG or its affiliates, agents or licensors be liable to you or anyone else for including but not limited to any loss and/or damages arising out of your use of any of the Application, including, without limitation, liability for consequential, special, incidental, indirect, or similar damages, even if we are advised beforehand of the possibility of such damages.

INDEMNIFICATION 18. In the event that KTG becomes a party to the third party proceedings, you agree to indemnify, defend and hold harmless, without limitations, KTG, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys' fees) relating to or arising out of without limitations, the negligence, fault, mistake, misrepresentation and/or fraud of any claims whether frivolous or otherwise.

Efective as of 01/01/2016