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DIGITAL IMAGES USER AGREEMENT Please read this Digital Images User Agreement (“Agreement”) carefully for any content made available on Doppelgängerpublishing.com (collectively, “Digital Images”). 1. Use of Digital Images • You shall not modify, alter, or otherwise change any Digital Image, except for annotating or highlighting for your own personal use. • You shall not create derivative works from or of any Digital Image. • You shall not copy, reproduce, or otherwise transfer or enable the transfer of any Digital Image to any computer or other device of any other person; provided, however, that you may transfer Digital Image to your own computer or other e-reader or mobile devices for your own personal use. • You shall not share, lend, lease, rent, sell, license, sublicense, transfer, network, reproduce, display, distribute, or otherwise make any Digital Image available to any other person, to the extent that doing so requires making a copy of the Digital Image (e.g., a copy on a hard drive, RAM, flash memory, a paper copy, etc.). A Digital Image may be shared only by sharing the device containing the Digital Image. 2. Ownership of Digital Content All intellectual property rights, including without limitation, all copyrights, trademarks, and patent rights in and to the Digital Image remain the sole property of the Digital Image’s creator. No title or license right is granted to you except as expressly set forth in this Agreement. 3. Disclaimer of Warranties ALL DIGITAL IMAGES ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, DOPPELGÄNGER, ITS AFFILIATES (INCLUDING DIGITAL COMIC CREATORS), AND SUPPLIERS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE FOREGOING EXCLUSION MAY NOT APPLY TO YOU. DOPPELGÄNGER, ITS AFFILIATES, AND SUPPLIERS DO NOT WARRANT THAT ACCESS TO THE DIGITAL COMICS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. 4. Limitation of Liability UNDER NO CIRCUMSTANCES SHALL DOPPELGÄNGER OR ITS AFFILIATES OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR SPECIAL DAMAGES, INCLUDING ANY LOST PROFITS, WHETHER BASED IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO, NEGLIGENCE), OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY. DOPPELGÄNGER’S AGGREGATE LIABILITY ARISING OUT OF YOUR USE OF, OR INABILITY TO USE, ANY DIGITAL COMIC WILL NOT EXCEED THE LESSER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT ACTUALLY PAID BY YOU TO DOPPELGÄNGER FOR THE DIGITAL COMIC(S) GIVING RISE TO SUCH LIABILITY. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. 5. Indemnification You agree to defend, indemnify, and hold harmless Doppelgänger and any of its respective officers, directors, employees, subcontractors, agents, successors, assigns, affiliates, or subsidiaries, from and against any and all claims, causes of action, lawsuits, proceedings, losses, damages, costs, and expenses (including reasonable legal and accounting fees) arising or resulting from: (i) your violation of this Agreement or any other applicable terms or conditions; (ii) your unauthorized use of any Digital Comics, including, but not limited to, your unauthorized copying or distribution of any Digital Comic; or (iii) your negligence or willful misconduct. Doppelgänger reserves the right, at its discretion, to assume or participate, at your expense, in the investigation, settlement, and defense of any action or claim to which it is entitled to indemnification. No claim shall be settled without Doppelgänger’s prior written consent unless such settlement includes a complete release of Doppelgänger from all liability and does not contain or contemplate any payment by, or injunctive or other equitable relief binding upon, Doppelgänger. 6. Termination This Agreement will terminate immediately without notice from Doppelgänger if in Doppelgänger’s sole discretion you fail to comply with any term or provision of this Agreement. Upon termination, you shall no longer have access to any Digital Comics stored on Doppelgänger’s website. The other provisions of this Agreement shall survive termination and all restrictions contained therein shall remain applicable to all previously-downloaded Digital Comics. 7. Governing Law and Venue This Agreement shall be governed and interpreted in accordance with the laws of the State of California and the United States of America, without regard to principles of conflict of laws and without regard to the United Nations Convention on Contracts for the International Sale of Goods. The parties agree that any action arising out of or related to this Agreement shall be brought in state or federal court, as appropriate, in Alameda County, California, and both parties hereby waive the right to object to that choice of law, personal jurisdiction, or venue. 8. General Provisions This is the entire Agreement between the parties relating to the subject matter herein. Doppelgänger may revise this Agreement at any time without notice by updating this posting. You may not assign this Agreement or any right or obligation hereunder. If any provision of this Agreement shall be held to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.