ELDER SWAMP CLUB EXTENSION REGISTRY TERMS

PLEASE READ THESE EXTENSION REGISTRY TERMS AND CONDITIONS CAREFULLY BEFORE ACCESSING THE REGISTRY AVAILABLE AT THE FOLLOWING URL: HTTPS://SWAMP-CLUB.COM/EXTENSIONS (THE “EXTENSION REGISTRY” OR “REGISTRY”). BY DOWNLOADING, ACCESSING, SUBMITTING, OR USING AN EXTENSION, YOU ("YOU" OR "USER") AGREE TO BE BOUND BY THESE TERMS (“TERMS”) TO THE EXCLUSION OF ALL OTHER TERMS. YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO ENTER INTO THIS AGREEMENT; IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF AN ORGANIZATION OR ENTITY, REFERENCES TO "YOU" AND "USER" IN THIS AGREEMENT, REFER TO THAT ORGANIZATION OR ENTITY. IF YOU DO NOT AGREE TO ALL OF THE FOLLOWING, YOU MAY NOT DOWNLOAD, ACCESS, USE OR SUBMIT AN EXTENSION IN ANY MANNER. IF THE TERMS OF THIS AGREEMENT ARE CONSIDERED AN OFFER, ACCEPTANCE IS EXPRESSLY LIMITED TO SUCH TERMS.

1. DEFINITIONS.

"Company" means Elder Swamp Club, Inc.

"Extension" means any model, driver, vault, report, or other software component or similar material submitted by a Submitter and made available through the Extension Registry, including without limitation all versions and updates thereto.

"Extension License" means the license terms presented by a Submitter in connection with a specific Extension, and under which such Extension is made available to Users.

"Extension Registry" or "Registry" means the repository of Extensions, available at https://swamp-club.com/extensions .

"Software License Agreement" means the Elder Swamp Club, Inc. Software License Agreement governing use of Company's Licensed Software, which is a separate agreement available at the following URL https://swamp-club.com/software-license-agreement, and does not govern Extensions.

"Submitter" means any User that submits, publishes, or makes available an Extension through the Extension Registry.

2. SCOPE; RELATIONSHIP TO SOFTWARE LICENSE AGREEMENT.

2.1 Extensions Not Subject to SLA. Extensions are not licensed under, and are not subject to, the SLA. The rights and obligations of Users and Submitters with respect to Extensions, including but not limited to Extensions published by Company, are governed solely by these Terms and the applicable Extension License.

3. EXTENSION REGISTRY; LICENSE TERMS.

3.1 Registry Platform. Company makes the Extension Registry available as a repository through which Submitters may publish Extensions and Users may review and obtain the same.

3.2 Extension License Controls. Each Extension is made available under the applicable Extension License specified by the Extension Submitter. Users must review and comply with the applicable Extension License before using the Extension. Company does not grant a license to any Extension pursuant to these Terms; all use rights, and applicable limitations with respect to any Extension are solely as set forth in the applicable Extension License.

3.3 License Declaration Required. Submitters are required to include an Extension License with each Extension submitted to the Registry. Extensions submitted without a license declaration may be withheld from publication or removed from the Registry at Company's discretion.

3.4 Quality Scoring. Company may publish quality scores, ratings, or other assessments of Extensions for informational purposes only. Such scoring does not constitute a warranty, endorsement, certification, or approval of any Extension, and Company shall have no liability arising from any such scoring.

4. SUBMITTER TERMS.

4.1 Submitter Representations and Warranties. By submitting an Extension to the Registry, each Submitter represents and warrants to Company that: (a) Submitter owns or has all necessary rights, licenses, consents, and permissions to submit the Extension to the Registry and to grant the rights set forth in the applicable Extension License; (b) the Extension, and its contents do not infringe, misappropriate, or violate any third-party intellectual property rights, privacy rights, or applicable law; (c) the Extension does not contain any malicious code, malware, spyware, or other harmful components; and (d) Submitter has complied, and will continue to comply, with all applicable laws and regulations in connection with the development, submission, and maintenance of the Extension.

4.2 Submitter Liability. Each Submitter is solely responsible and liable for its Extension, including without limitation: (a) the functionality, quality, security, and accuracy of the Extension; (b) the terms and conditions of the Extension License; (c) any claims by Users or third parties arising out of or related to the Extension or its use; and (d) any breach of Submitter's representations and warranties under these Terms. Company shall have no liability for any Extension or for any failure of a Submitter to fulfill its obligations.

4.3 Submitter Indemnification. Each Submitter shall defend, indemnify, and hold harmless Company and its affiliates, officers, directors, employees, and agents from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) the Extension submitted by such Submitter; (b) Submitter's breach of any representation, warranty, or obligation under these Terms; (c) any claim that the Extension infringes or misappropriates any third-party intellectual property rights; or (d) User's use of the Extension as permitted under the applicable Extension License. [ANY OTHER RISKS CONCERNS? IMPACT TO SWAMP SOFTWARE? SECURITY/VULNERABILITIES]

4.4 Submitter Updates. Submitters are responsible for maintaining and updating their Extensions, including addressing security vulnerabilities and ensuring ongoing accuracy of the Extension License. Company has no obligation to monitor, update, or maintain any Extension submitted by a third party.

5. USER TERMS.

5.1 Use of Extensions. Users may access and use Extensions solely in accordance with the applicable Extension License and these Terms.

5.2 User Responsibility. Users are solely responsible for: (a) reviewing and complying with the applicable Extension License before using any Extension; (b) evaluating the suitability, security, and fitness of any Extension for User's intended purpose; and (c) all acts, omissions, and consequences arising from User's use of any Extension.

5.3 No Warranty from Company. COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO ANY EXTENSION, INCLUDING WITHOUT LIMITATION ANY WARRANTIES AS TO QUALITY, ACCURACY, SECURITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. ALL EXTENSIONS ARE PROVIDED ON AN "AS IS" BASIS. COMPANY'S QUALITY SCORING AND RANKING OF EXTENSIONS IN THE REGISTRY IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND SHALL NOT BE CONSTRUED AS A WARRANTY, ENDORSEMENT, OR CERTIFICATION OF ANY EXTENSION OR SUBMITTER.

6. COMPANY DISCLAIMER AND LIMITATION OF LIABILITY.

6.1 No Company Liability for Extensions. COMPANY HAS NO LIABILITY WHATSOEVER WITH RESPECT TO ANY EXTENSION OR ITS USE. WITHOUT LIMITING THE FOREGOING, COMPANY SHALL HAVE NO LIABILITY ARISING OUT OF OR RELATED TO: (A) THE FUNCTIONALITY, QUALITY, SECURITY, OR FITNESS OF ANY EXTENSION; (B) THE TERMS OF ANY EXTENSION LICENSE; (C) ANY ACTS OR OMISSIONS OF ANY SUBMITTER; (D) ANY HARM, LOSS, OR DAMAGE ARISING FROM USER'S USE OF, OR INABILITY TO USE, ANY EXTENSION; OR (E) THE REMOVAL OR DELISTING OF ANY EXTENSION FROM THE REGISTRY. ALL CLAIMS ARISING OUT OF OR RELATED TO ANY EXTENSION SHALL BE DIRECTED SOLELY TO THE APPLICABLE SUBMITTER.

6.2 Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL COMPANY BE LIABLE TO ANY USER OR SUBMITTER FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO THE EXTENSION REGISTRY, ANY EXTENSION, OR THESE TERMS, REGARDLESS OF THE CAUSE OF ACTION OR THE THEORY OF LIABILITY, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. COMPANY'S TOTAL AGGREGATE LIABILITY TO ANY USER OR SUBMITTER WITH RESPECT TO THE EXTENSION REGISTRY OR THESE TERMS SHALL NOT EXCEED ONE HUNDRED UNITED STATES DOLLARS ($100).

7. REGISTRY ADMINISTRATION; REMOVAL.

7.1 Registry Administration. Company may, in its sole discretion and without notice or liability to any Submitter or User, modify, suspend, or discontinue the Extension Registry or any portion thereof at any time.

7.2 Removal of Extensions. Company reserves the right to remove, delist, or restrict access to any Extension at any time and for any reason, in its sole discretion and without liability, including without limitation: (a) in response to a valid intellectual property infringement or takedown claim; (b) if Company reasonably determines that the Extension contains malicious code, poses a security risk, or violates applicable law; (c) if the Submitter fails to comply with these Terms; or (d) for any other reason at Company's discretion. Company shall have no liability to any Submitter or User arising from the removal or delisting of any Extension.

8. TERM AND TERMINATION.

8.1 Term. These Terms apply to Submitters for so long as they maintain an Extension in the Registry, and to Users for so long as they access the Extension Registry or use any Extension obtained therefrom.

8.2 Suspension and Termination. Company may suspend or terminate any Submitter's ability to publish Extensions, or any User's access to the Extension Registry, at any time and for any reason. Termination shall not relieve a Submitter of its obligations with respect to Extensions previously submitted, nor relieve a User of its obligations with respect to Extensions previously used.

8.3 Survival. Sections 1, 4.2, 4.3, 5.3, 6, 7, and 9 shall survive any expiration or termination of these Terms. [REVIEW WHEN FINAL]

9. MISCELLANEOUS.

9.1 Governing Law. These Terms shall be governed by the laws of the State of California, without reference to its conflict of law principles. The federal courts of the United States in the Northern District of California and the state courts of the State of California shall have exclusive jurisdiction over any dispute arising out of or relating to these Terms. Each party hereby consents to the jurisdiction of such courts and waives any right to challenge the appropriateness of such forums.

9.2 Leaderboard and Usage Data. Company may publish and display leaderboard data, download counts, quality scores, and other usage statistics associated with Extensions and Submitters (collectively, "Leaderboard Data"). By submitting an Extension, each Submitter consents to the collection and public display of Leaderboard Data in connection with its Extension, including without limitation download counts, version history, quality scoring, and Submitter handle. By using the Extension Registry, each User consents to the collection and display of aggregate usage data. Company may use, display, and distribute Leaderboard Data for any purpose, including without limitation on the Extension Registry, Company's website, and in marketing materials, without compensation to any Submitter or User.

9.3 Relationship of Parties. Company, Submitters, and Users are independent parties. These Terms do not create any partnership, joint venture, agency, employment, or franchise relationship among them.

9.4 Amendment. Company reserves the right to modify these Terms at any time. Notice of material changes will be provided by posting updated Terms to the Extension Registry or by other reasonable means. Continued access to the Extension Registry or use of any Extension following the effective date of any modification constitutes acceptance of the modified Terms.

9.5 Entire Agreement. These Terms, together with the applicable Extension License for each Extension, constitute the entire agreement between Company and each User and Submitter with respect to the Extension Registry and Extensions, and supersede all prior communications or understandings relating thereto.

9.6 Severability and Waiver. If any provision of these Terms is held invalid, illegal, or unenforceable under applicable law, such provision shall be modified only to the extent necessary to render it enforceable, and the remaining provisions shall continue in full force and effect. Failure to enforce any provision of these Terms shall not constitute a waiver of the right to enforce it in the future.

9.7 Headings. Captions and headings in these Terms are for convenience only and shall not be considered in interpreting or construing these Terms.

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