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Licensing Agreement.1. LICENSE GRANT. Kiddie Up Nannies hereby grants you the right to use its “Find-a-Nanny Toolkit” for your own personal use. You may not transfer your rights to use the “Find-a-Nanny Toolkit” or the information contained therein to any other person or entity for any purpose. As the licensee, you agree and recognize that the “Find-a-Nanny Toolkit” con- tains information created by Kiddie Up Nannies at great expense, information not possessed by other entities or individ- uals, and information which constitutes trade secrets as that terms may be used and defined under Colorado law.
2. LICENSE RESTRICTIONS. The “Find-a-Nanny Toolkit” is licensed, not sold, to you. You only have the non-exclusive right to use the Software in accordance with this Agreement. You may not (i) modify, adapt or otherwise create deriva- tive works from the “Find-a-Nanny Toolkit,” (ii) lease, share, sublicense, resell, rent, loan, redistribute, or otherwise trans- fer (except as expressly permitted above), whether for commercial purposes or otherwise, the “Find-a-Nanny Toolkit” or the information contained in the “Find-a-Nanny Toolkit”; (iii) use the “Find-a-Nanny Toolkit” or information contained in the “Find-a-Nanny Toolkit” to develop a competing product; (iv) use the “Find-a-Nanny Toolkit” for any unlawful pur- pose, and/or in any manner that breaches this Agreement. All rights not expressly granted to you by Kiddie Up Nannies under this Agreement are hereby reserved by Kiddie Up Nannies. You will not acquire such rights, whether through es- toppel, implication, or otherwise.
3. LIQUIDATED DAMAGES. You recognize that the loss incurred by Kiddie Up Nannies in the event of a breach of this License Agreement will be difficult to quantify. Accordingly, by accepting this license and use of the “Find-a-Nanny Toolkit” you agree that in the event that you breach this License Agreement, you will be liable to Kiddie Up Nannies for liquidated damages in the amount $3,500, regardless of the lack of documented damages that Kiddie Up Nannies may possess in the future.