END-USER LICENSE AGREEMENT FOR FUNDRASING BY NET AND MYELEADER

NOTICE TO USER: PLEASE READ THIS CONTRACT CAREFULLY. BY CHECKING THE AGREEMENT CHECKBOX BELOW AND DOWNLOADING, INSTALLING, COPYING OR OTHERWISE USING OR DISTRIBUTING ALL OR ANY PORTION OF THE FUNDRASING BY NET (FBN) AND MYELEADER (MEL) SOFTWARES ("SOFTWARE") YOU AS A USER ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT. YOU AS A USER AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT BY INSTALLING, COPYING, OR OTHERWISE USING THE PRODUCT. IF YOU DO NOT AGREE, DO NOT INSTALL OR USE THE PRODUCT; YOU MAY RETURN IT TO YOUR PLACE OF PURCHASE FOR A FULL REFUND.YOU AGREE THAT THIS AGREEMENT IS ENFORCEABLE LIKE ANY WRITTEN NEGOTIATED AGREEMENT SIGNED BY YOU. THIS AGREEMENT IS ENFORCEABLE AGAINST YOU AND ANY LEGAL ENTITY THAT OBTAINED THE SOFTWARES AND ON WHOSE BEHALF IT IS USED. IF YOU DO NOT AGREE, DO NOT USE THIS SOFTWARE.

This End-User License Agreement ("Agreement") is a legal agreement between you the user and Fundraising by Net, LLC (FBN, LLC) for FBN and MEL, that includes software and may include associated media, printed materials, "online" or electronic documentation, and Internet-based services and additional terms of service. Amendment or addendum to this EULA may accompany the software. FBN, LLC permits you to Use the Software only in accordance with this Agreement and terms of service. Use of some third party materials included in the Software may be subject to other terms and conditions typically found in a separate license agreement or terms and services.

1. SOFTWARE: As used in this Agreement, the term "Software" refers to Fundraising by Net (FBN) and MyELeader (MEL) software which you have selected to use. The term "Software" also shall include any upgrades, modified versions or updates of the Software made available to you by Fundraising by Net and MyELeader. The Software is deemed accepted by you upon use of the Software. The term "Software" also includes any third party software made available to you by Fundraising by Net and MyELeader.
   
2. Users of FBN shall pay on average an amount equal to 5 % of the total gross amounts of contributions and/or donations raised through FBN Contribution pages and 15 % MyELeader proceeds, either or both of which are received by user in accordance with this Agreement (“Commission Fee”). This fee can be altered by written agreement between users and FBN, LLC. Users will pay or reimburse FBN for any and all monthly and/or annual banking charges incurred by FBN in the course of performing the Services set forth herein. User will pay FBN for any and all annual license fees applied to each fundraising application by FBN. User will pay all fees related to sending out emails averaging the amount of $00.02 per email sent thru MLE. FBN shall invoice User for such Auxiliary Services which User may order from time to time. Auxiliary Services are subject to the pricing and availability schedule that will be provided to User by FBN at the time of User’s purchase order (“A.S. Fee”). FBN will electronically invoice user and can deduct amount from contributions with user’s permission. Principal recognizes that FBN is not responsible for the payment of any refunds of any contributions or donations made through FBN or related FBN Services, and that the payment of such contribution or donation refunds is the sole and exclusive liability of user.
   
   Protection of Proprietary Material, Intellectual Property Rights, Copyright Protection Software and Confidential Information
   
   
3. Notwithstanding any provision to the contrary herein, by virtue of this Agreement, FBN, LLC shall retain, and user shall not claim or be entitled to (i) ownership interest or title to, any or all rights to the License and Services, or any part thereof, of any techniques and ideas embedded therein, copies and derivative works thereof (by whomever produced, including all changes and improvements requested or suggested by user), and related documentation and materials, and (ii) copyrights, patent rights, logos or marks of any type, trade secret rights and other proprietary rights in the License and Services. User agrees not to copy, reproduce, reverse engineer, disassemble, decompile, customize, translate, or alter FBN and MEL, attempt to unlock or by-pass any access prevention device in FBN or MEL, or have anyone else do so. User will have no right whatsoever to use, receive, review, or otherwise have access to the source code for FBN or MEL in object code form for any purpose. The structure, organization and code of the Software are the valuable trade secrets and confidential information of FBN, LLC and its suppliers. The Software is protected by law, including without limitation the copyright laws of the United States and other countries, and by international treaty provisions. Except as expressly stated herein, this Agreement does not grant you any intellectual property rights in the Software and all rights not expressly granted are reserved by FBN, LLC and its suppliers. User may not use, register, or transfer FBN and MEL’s trademark or any type of its marks, during the term of the Agreement or after the expiration thereof, without FBN and MEL’s advanced written approval. User represents and warrants it will ensure that all others with access to FBN and MEL comply with the terms of the Agreement. User acknowledge and agree that during the course of performing under this Agreement, each will or may receive, develop and be exposed to “Proprietary Material” and “Confidential Information”. Users agree not to disclose such information or proprietary material or to make any communication or comment regarding same, whether written or oral, to any third party not bound by this Agreement, without the prior express written approval of the other Party. Neither the term “Proprietary Material” nor the term “Confidential Information” includes any information which (i) at the time of disclosure or thereafter is generally available to and known by the public (other than as a result of disclosure directly or indirectly by either Party), (ii) was available to the parties separately on a non-confidential basis from a source other than the other Party or (iii) has been independently acquired or developed by the Parties without violating any of its obligations under this Agreement.
   
   Updates
   
   
4. If the Software is an Update to a previous version of the Software, you must possess a valid license to use previous version in order to Use such Update. All Updates are provided to you on a license exchange basis. You agree that by Using an Update you voluntarily terminate your right to use any previous version of the Software. As an exception, you may continue to Use previous versions of the Software after you Use the Update but only to assist you in the transition to the Update, provided that you acknowledge that any obligation may have to support the previous versions of the Software may be ended upon availability of the Update. FBN, LLC can update software at any time it chooses.
   
   Severability and Governing Law
   
   
5. Each of the provisions of this Agreement shall be enforced independently of any other provision, claim, or cause of action. If any provision of this Agreement shall be held invalid, illegal, or unenforceable in any jurisdiction, it shall not render this entire Agreement unenforceable, but rather this Agreement shall be equitably modified, if possible, to most reasonably effectuate the intention thereof, and the invalid or unenforceable provision shall be severed and the remaining provisions of the Agreement shall continue to be binding upon the Parties. In the event of any dispute arising under this Agreement, the Parties agree that the law of the State of Illinois will govern the interpretation, validity and effect of this Agreement without regard to the place of execution or performance thereof. LAWSUITES against FBN, LLC can only be brought in Du Page County in the State of Illinois and users submit to personal jurisdiction for Illinois and DuPage County.
   
   Campaign Finance Laws
   
   
6. Political contributions are governed by campaign finance laws. FBN and MEL make its best efforts to ensure that all contributions made on the FBN and MEL site are in accordance with these laws. There is a dynamically created content with federal and state campaign laws this is not meant to be legal advice. This content may be incorrect and it is the users who should update the program. Users have the final responsibility for ensuring compliance. FBN, LLC has no way of knowing how much money has been contributed to campaigns through different avenues and is the responsibility of the user not to exceed the contribution limits.
   
   Term and (Consequences of) Termination
   
   
7. Term. This Agreement will be effective as of the Effective Date and will remain effective until terminated by FBN, LLC or user as set forth below.
   
   
   • Termination by FBN, LLC Without limiting other remedies, FBN,LLC may limit, suspend, or terminate this license and Your use of Software, prohibit access to Your contribution page, FBN, and MEL Website and delete Your User Account and/or User ID, with immediate effect, if we think that You are in breach of this Agreement, creating problems, possible legal liabilities, acting inconsistently with the letter or spirit of our policies, infringing someone else’s intellectual property rights, engaging in fraudulent, immoral or illegal activities, or for other similar reasons. FBN, LLC shall effect such termination by providing notice to You to the email address You have provided, and/or by preventing Your access to the respective User Account. FBN, LLC reserve the right to cancel User Accounts that have been inactive for more than one (1) year.
   • Termination by You. You may terminate this Agreement with immediate effect at any time, with or without cause and without recourse to the courts, provided that You will meet with the conditions as set forth in Article 7.3 below.
   • Consequences of Termination. Upon termination of this Agreement, You (a) acknowledge and agree that all licenses and rights to use the FBN, LLC Software shall terminate, and (b) will cease any and all use of the FBN, LLC Software, and (c) will remove the FBN, LLC Software from all hard drives, networks and other storage media and destroy all copies of the FBN, LLC Software in Your possession or under Your control.
   • No liability. FBN, LLC will not be liable in respect to any damage caused by the termination of this Agreement.
   
   
   Third Party Website Access
   
   
8. The Software may allow you to access third party websites ("Third Party Sites"). Your access to and use of any Third Party Sites, including any goods, services or information made available from such sites, is governed by the terms and conditions found at each Third Party Site, if any. Third Party Sites are not owned or operated by Fundraising by Net. YOUR USE OF THIRD PARTY SITES IS AT YOUR OWN RISK. FUNDRAISING BY NET MAKES NO WARRANTIES, CONDITIONS, INDEMNITIES, REPRESENTATIONS OR TERMS, EXPRESS OR IMPLIED, WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE AS TO ANY OTHER MATTERS, INCLUDING BUT NOT LIMITED TO NON-INFRINGEMENT OF THIRD PARTY RIGHTS, TITLE, INTEGRATION, ACCURACY, SECURITY, AVAILABILITY, SATISFACTORY QUALITY, MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE WITH RESPECT TO THE THIRD PARTY SITES.

INDEMNIFICATION AND WAIVER OF LIABILITY

USERS SHALL HOLD HARMLESS AND INDEMNIFY FBN, LLC AND ITS OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, FROM AND AGAINST ALL CLAIMS, DEMANDS, CAUSES OF ACTION, JUDGMENTS, LOSSES, SETTLEMENTS, AND ASSOCIATED EXPENSES AND ATTORNEY FEES, ARISING OUT OF THE LICENSE, SERVICES, OR OTHER PROVISIONS OF THIS AGREEMENT, UNLESS THE CAUSE OF SUCH CLAIMS IS FOUND BY A COURT OF COMPETENT JURISDICTION TO BE THE GROSS NEGLIGENCE, OR INTENTIONAL MISCONDUCT, OF FBN LLC. THE LICENSE AND SERVICES ARE PROVIDED BY FBN, LLC FOR THE EXCLUSIVE USE BY USER, AND SUCH LICENSE OR SERVICES SHALL NOT BE USED BY OR FOR THE BENEFIT OF ANY THIRD PARTY, INCLUDING ANY EMPLOYEE, STAFF MEMBER, OR AFFILIATE OF USER, EXCEPT AS SUCH LICENSE OR SERVICES ARE AUTHORIZED HEREIN. FBN, LLC SHALL NOT INDEMNIFY OR BE LIABLE FOR ANY ACTIONS, CLAIMS, OR LOSSES OF ANY SUCH EMPLOYEE, STAFF MEMBER, OR OTHER AFFILIATE OF PRINCIPAL FOR THE UNAUTHORIZED USE, TRANSFER, OR SALE OF THE LICENSE OR SERVICES. USER SHALL SEEK AND RECEIVE PAYMENT ONLY FROM THE ASSETS OF FBN, LLC FOR THE PAYMENT OF ANY JUDGMENTS, SETTLEMENTS, OR OTHER CLAIMS AGAINST USER ARISING UNDER THIS AGREEMENT. USER AGREES, REPRESENTS AND WARRANTS THAT IT SHALL NOT SEEK AND HEREBY WAIVES ANY AND ALL RIGHTS OR CLAIMS WHICH IT MAY HAVE IN LAW OR EQUITY, AGAINST THE PERSONAL ASSETS OF ANY FBN DIRECTOR, OFFICER, AGENT, REPRESENTATIVE, OR EMPLOYEE, FOR PAYMENT OF CONTRIBUTIONS, FEES, JUDGMENTS, SETTLEMENTS, OR OTHER CLAIMS ARISING UNDER THIS AGREEMENT.

NO WARRANTY. THE SOFTWARE IS BEING DELIVERED TO YOU "AS IS" AND FBN, LLC MAKES NO WARRANTY AS TO ITS USE OR PERFORMANCE. FBN, LLC PROVIDES NO TECHNICAL SUPPORT, WARRANTIES OR REMEDIES FOR THE SOFTWARE. FBN, LLC AND ITS SUPPLIERS DO NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE. EXCEPT FOR ANY WARRANTY, CONDITION, REPRESENTATION OR TERM TO THE EXTENT TO WHICH THE SAME CANNOT OR MAY NOT BE EXCLUDED OR LIMITED BY LAW APPLICABLE TO YOU IN YOUR JURISDICTION, FBN, LLC AND ITS SUPPLIERS MAKE NO WARRANTIES CONDITIONS, REPRESENTATIONS, OR TERMS (EXPRESS OR IMPLIED WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE) AS TO ANY MATTER INCLUDING WITHOUT LIMITATION NONINFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, INTEGRATION, SATISFACTORY QUALITY, OR FITNESS FOR ANY PARTICULAR PURPOSE. THE PROVISIONS OF SECTION SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT, HOWSOEVER CAUSED, BUT THIS SHALL NOT IMPLY OR CREATE ANY CONTINUED RIGHT TO USE THE SOFTWARE AFTER TERMINATION OF THIS AGREEMENT.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

IN NO EVENT WILL FBN, LLC OR ITS SUPPLIERS BE LIABLE TO YOU FOR ANY DAMAGES, CLAIMS OR COSTS WHATSOEVER OR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL DAMAGES, OR ANY LOST PROFITS OR LOST SAVINGS OR LOST CONTRIBUTIONS, EVEN IF AN FBN, LLC REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS, DAMAGES, CLAIMS OR COSTS OR FOR ANY CLAIM BY ANY THIRD PARTY. THE FOREGOING LIMITATIONS AND EXCLUSIONS APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAW IN YOUR JURISDICTION. FBN, LLC AGGREGATE LIABILITY AND THAT OF ITS SUPPLIERS UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT PAID FOR THE SOFTWARE, IF ANY. FBN, LLC IS ACTING ON BEHALF OF ITS SUPPLIERS FOR THE PURPOSE OF DISCLAIMING, EXCLUDING AND/OR LIMITING OBLIGATIONS, WARRANTIES AND LIABILITY AS PROVIDED IN THIS AGREEMENT, BUT IN NO OTHER RESPECTS AND FOR NO OTHER PURPOSE. THE PROVISIONS OF SECTION SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT, HOWSOEVER CAUSED, BUT THIS SHALL NOT IMPLY OR CREATE ANY CONTINUED RIGHT TO USE THE SOFTWARE AFTER TERMINATION OF THIS AGREEMENT.

YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND UNDERSTAND THE RIGHTS, OBLIGATIONS, TERMS AND CONDITIONS SET FORTH HEREIN. BY CLICKING ON THE ACCEPT BUTTON AND/OR CONTINUING TO ACCEPT FBN AND MEL SOFTWARE, YOU EXPRESSLY CONSENT TO BE BOUND BY ITS TERMS AND CONDITIONS AND GRANT TO FBN, LLC THE RIGHTS SET FORTH HEREIN.