END USER LICENSE AGREEMENT

Last Updated: June 15, 2015

Thanks for using ScreenOutTM (for simplicity's sake, let's just call it the "Extension"). Before downloading and using the Extension, you are required to read, understand and agree to these terms. You may only download and use the Extension if you read and agree to these terms, which are a legally binding contract between you and Pinch of Awesome, LP (that's "us" or "we", and sometimes "the Company"). However, because we understand that reading our legalese may be less than thrilling, we have provided brief explanations of the key points in the boxes on the right-hand side of the page. These explanations are not legally binding; they are intended to help you better understand the terms of this agreement.

Please also check out our privacy policy , which describes how the Extension collects your information and how this information may be used and shared.

What Exactly Does the Extension Do?

The Extension is a free, ad-supported program designed to enhance your Internet browsing experience by allowing you, the end user, to view video and other webpage content in a separate window while simultaneously using other applications. The newly created window may be set to hover above other windows, and can be resized so you can multitask effectively. It operates by installing an extension to your browser, which will add a ScreenOut icon to the browser toolbar and certain video players that may be used to activate the Extension functionality.

The Extension may provide various other features, including displaying our third-party partners' content, offers, video targeted ads, display ads, or other interactive content displayed through the Extension. You may see these types of content and advertisements when the Extension recognizes the webpage you are visiting or the type of content you are viewing in a newly created window through the Extension.

If you don't want to use the Extension anymore, you can uninstall it by:

Clicking the Chrome menu icon in the top-right corner of the browser toolbar;

Select More tools > Extensions; and

Select the trashcan icon next to the ScreenOut Extension you want to delete.

The Extension is meant to be helpful, but there are some features we want you to know about up front so that you don't get confused. For example, since we give you the Extension for free, we may need to display various types of ads or other third party content to keep the lights on. The ads and content are delivered through the Extension, and are not associated with a particular site or sites, or the owners of the videos or webpages you view using the Extension.

Age Restrictions

The Extension is not for kids. You must be at least 18 years of age and able to enter into legally binding contracts to use the Extension. By downloading and using the Extension, you are representing and warranting (i.e., promising) to us that you are at least 18 and able to enter into contracts under the law where you live.

No Kids!

License and Intellectual Property Rights

The Extension is our valuable intellectual property, and we want to protect it and our trade secrets from being stolen or misused. You may download and use the Extension only for your personal, non-commercial purposes and only so long as you don't violate any of these terms. All other uses of the Extension are prohibited. We can revoke your license at any time and for any reason, with or without notice to you. As a condition of our granting you a license, you are not allowed to share your use of the Extension with anyone else or use it for profit, modify, resell or distribute the Extension, make copies of our software, or reverse-engineer, decompile or take our software apart to try to discover its inner workings.

The Extension and our product website also contain our trademarks and product names (such as the name of the Extension and our logos), our designs and our look and feel. All copyrights, trademark and trade dress rights in these elements belong to us, and you may not duplicate, imitate or reuse them without our prior approval.

The Extension belongs to us. You can use it for your own private purposes and only as long as we're cool with that. If you steal our intellectual property or trade secrets or try to rip us off, we will stop being cool VERY quickly.

Misuse

You may not do anything to interfere with or disrupt the systems we use to provide the Extension or its associated website or services, or to interfere with anyone else's use of the Extension. You may not use the Extension to commit unlawful acts or violate the rights of third parties, such as hacking, defamation, copyright or trademark infringement or invasion of privacy. You also may not use automated programs, such as bots, spiders or web crawlers, to access or interact with the Extension or its associated website or services. Any of these activities will cause your license to be terminated and you to be subject to civil or criminal liability.

Don't use the Extension to hurt or abuse anyone else. When in doubt, follow this golden rule: if you wouldn't want it done to you, don't do it to anyone else.

Termination; Extension Features

We may stop providing the Extension, any Extension feature or the services associated with the Extension, or suspend them in whole or in part, at any time without prior notice or liability. We may also terminate these terms at any time and for any reason whatsoever without prior notice or liability, including without limitation, if you violate these terms. Any termination will automatically revoke your license to use the Extension, which will immediately cease. If you wish to terminate these terms, you may simply discontinue using the Extension. All provisions of these terms which by their nature should survive termination shall do so, including, without limitation, intellectual property ownership provisions, warranty disclaimers, indemnity, limitations of liability and provisions relating to dispute resolution.

The Extension and these terms can and will change and evolve. We will notify you of major changes to these terms. Also, while we love providing the Extension, who knows where any of us will be next year, so we can terminate these terms and stop providing the Extension (to you or to everyone) anytime we want.

We may also modify, add features to or delete features from, the Extension or its associated services, at any time without prior notice or liability. From time to time the Extension may automatically download and install updates and bug fixes, which are designed to enhance your user experience and deal with known problems and security issues. Whether and when we provide any updates or bug fixes is totally at our discretion. However, if we add a feature to the Extension that is a lot different from its existing features, we will notify you. (Please see the next section about changes to these terms.)

Changing These Terms

We reserve the right, at our sole discretion, to modify or replace these terms at any time. If the modifications materially change the terms, we will notify you by posting an announcement on the www.pinchofawesome.com website or otherwise sending you a notice through the Extension. You are responsible for reviewing and becoming familiar with any modification to these terms. If you continue to use the Extension after we post or send a notification of a material change to these terms, you will have accepted the changed terms.

We may make changes to the Extension, including updating it to keep it working or to make it more effective, adding new features, modifying new features, or discontinuing features. If we change something really big, we will let you know by posting the change on the Extension's website.

DISCLAIMERS AND LIMITATION OF LIABILITY

Because the Extension is provided to you free of charge, we don't make any warranties or representations about it or your experience in using it. You use the Extension "as is" and entirely at your own risk. If the Extension doesn't work, or unintentionally contains a virus or other harmful code, or if you experience errors and interruptions when you use the Extension or its associated services, we are not liable. Similarly, we don't make any promises that the Extension is secure or fit to be used by you or that it will meet your expectations.

Because you use the Extension at your own risk, in no event will we be liable under any legal claim or theory (including contract, tort, strict liability, negligence or anything else) with respect to the Extension or its associated services or website for any lost profits or data, damage to your computer, or special, indirect, incidental, punitive, or consequential damages of any kind whatsoever.

Some jurisdictions do not allow these disclaimers of warranties and limitations of liability, so they may not apply to you.

Because the Extension is free, we can't make any promises about it, and we're not liable if you have a bad experience, even a really bad one. It's up to you to decide whether or not the Extension is right for you. If it isn't, uninstall it and get rid of it.

Release And Indemnity

You hereby expressly and irrevocably release and forever discharge Pinch of Awesome, LP, its affiliated companies, and their respective directors, officers, partners, employees, agents, representatives, contractors, successors and assigns of and from any and all actions, causes of action, suits, liabilities, debts, judgments, claims and demands whatsoever in law or equity which you ever had, now have, or hereafter can, shall or may have, for or by reason of, or arising directly or indirectly out of your use (or inability to use) the Extension or its associated website or services. If you are a California resident, you waive California Civil Code 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."

You hereby agree to indemnify, defend and hold harmless Pinch of Awesome, LP, its affiliated companies, and their respective directors, officers, employees, agents, representatives, partners, contractors, successors and assigns from and against all claims, losses, expenses, damages and costs (including, but not limited to, reasonable attorneys' fees), resulting from or arising out of your actual or alleged breach of these terms or your use of the Extension or its associated website or services.

As we said, since we give you the Extension for free, we're not liable for anything. And if you do something that gets us sued or hurts us, you are liable for the costs.

Third-Party Websites, Content, and Applications

When you use the Extension, you will be able to view webpages, videos, or other content provided through third party websites. Additionally, the Extension may show you various content from our partners, which may include links to or advertisements for their websites, products, or services. We are not responsible for and have no control over any of these sites, products or services, or the content offered through them. When you use or interact with any of these sites, products or services, you will be subject to these third parties' or website owners' privacy and security policies and terms of use, which are different from ours. Also, our Extension may be bundled with third-party software applications. By the same token, we have no responsibility for or control over these third-party applications, whose privacy and security policies and terms of use are different from ours. Before you use a third-party site or service, access or view any third-party content, or download a third-party software application, you should always read and make sure you understand the owner's privacy and security policies and terms of use.

If someone else's website or software does something bad to you, we're not responsible for that. Whenever you're using a third-party site or product, make sure you read the terms of use and privacy policy to familiarize yourself with their practices, what personal information of yours may be collected, and how that personal information may be shared.

Dispute Resolution

The laws of the Commonwealth of Pennsylvania shall govern the validity, construction, and performance of this Agreement, without giving effect to the conflict of laws rules thereof to the extent that the application of the laws of another jurisdiction would be required thereby.

Any controversy, claim or dispute arising out of this agreement or your use of the Extension shall be resolved by final and binding arbitration. Such arbitration shall take place in Philadelphia, Pennsylvania, and shall be administered by a single arbitrator pursuant to the American Arbitration Association under its Commercial Arbitration Rules. The arbitrator shall be empowered to award any form of individual relief, including injunctive relief. In order to keep hearing costs down, hearings may, at your request, be conducted telephonically or entirely upon submissions. In addition, in the event that you prevail at the hearing, and the amount awarded to you by the arbitrator is greater than the Company's last written settlement offer to you, the Company agrees to pay twice the amount of your reasonable attorney's fees and costs, and a minimum award of five hundred dollars ($500).

Not withstanding the above, if we think you are violating your license to use the Extension or our intellectual property or trade secret rights, we may bring an action for injunctive relief in any court of competent jurisdiction (including, but not limited to, the state and federal courts located in Philadelphia, Pennsylvania, to which you hereby expressly consent to the jurisdiction and venue of).

Lawyers and trials are expensive, and we'd prefer to settle any issues or disputes that might come up as amicably as possible. If we need an outside party to resolve something, the agreement requires that we arbitrate the dispute (rather than file an action in court). Generally speaking, this is easier and less costly for everyone. In addition, should the arbitrator agree with you that we've done something wrong, and our last offer to you turns out to be lower than what the arbitrator says you are owed, we'll pay twice your attorney's fees AND pay you at least $500. In our humble opinion, this is a better deal for everyone than having lawyers in expensive suits arguing in court.

In addition to the above, both you (and the Company) waive the right to bring any claim or dispute between you and us, or related to this agreement as a class action, consolidated, multi-district or collective action, or private attorney general action. You also agree not to participate in any class action, consolidated, multi-district or collective action, or private attorney general action regarding any claim or dispute related to this agreement.

If you have an issue, you need to deal with us directly (through arbitration, as described above), and not as a plaintiff in a class action (or similar action).

Miscellaneous

No agency, partnership, joint venture, or employment is created as a result of these terms and you do not have any authority of any kind to bind us in any respect whatsoever. The failure of either party to exercise in any respect any right provided for in these terms shall not be deemed a waiver of any further rights hereunder. We will not be liable for any failure to perform any obligations of ours where such failure results from any cause beyond our reasonable control, including, without limitation, electronic or communications failure, acts of God, government or third parties, or earthquakes, storms or other big or scary things. If any provision of these terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the terms shall otherwise remain in full force and effect and enforceable. We may transfer, assign or delegate these terms and our rights and obligations without consent, but you may not. Both parties agree that these terms are the complete and exclusive statement of the mutual understanding of the parties and supersede and cancel all previous written and oral agreements, communications and other understandings relating to the subject matter of these terms. Except as provided in the "Changing These Terms" section above, any modification of these terms must be in writing and signed by both parties. Any waiver by a party of its rights under these terms must be in writing and signed by that party.

We don't work for you, and you don't work for us, so let's just be friends. We're not liable if you have a bad day as a result of a hurricane, earthquake, nuclear war or other big or scary stuff that we don't control. We also don't control the Internet (we wish we did!).