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EULA - End User License Agreement

Software License Agreement The Software is distributed as shareware and as such can be used by you for evaluation purposes for 30 days from the date of installation. There is no cost to you to evaluate the Software. After the 30 day evaluation period, you must either uninstall the Software (by going to Windows Control Panel - Add/Remove Programs) or Register (purchase) the software for your individual or commercial use. Failure to do either of the above is Software Piracy and violates international copyright laws. Use of the Software beyond the evaluation period may bring legal, criminal and/or civil actions. If you wish to use the Software on more than one computer at a time, you must purchase a single multi-use license which will be shipped to you on a CD. A single multi-use license will allow you to install and use Software on a maximum of 3 computers you use or own. This will allow you to use copies of the software at home and/or at work. If the Software is to be used over a network or commercially, the proper number of user licenses must be purchased on CD. You cannot use the single multi-use license version commercially over a network. Commercial use is defined as more than one person accessing the same database over a network. PixelPhase site is located at http://www.pixelphase.com/ . For technical support please contact support@pixelphase.com This Software incorporates our software which includes its code (source and compiled), documentation (printed and/or electronic), appearance, structure and organization which is a proprietary product of PixelPhase and is protected by copyright and other laws. The Software is copyright 2004 PixelPhase. You may make copies of the Software and provide it to others, as long as this package is not altered or modified in any way, shape or form and they agree to abide by the terms and provisions of this license. Any attempt to decompile, disassemble or otherwise reduce the Software to a human readable form or otherwise alter the Software automatically terminates this license. You may also be liable for damages suffered by PixelPhase. Except as stated within, this license does not grant you any rights to copyrights, trade secrets, trade names, trademarks (whether registered or unregistered) or any other rights, franchises or licenses in respect to the Software. Title to and ownership of the Software, reproductions of the Software and all supporting documentation, whether in electronic or printed form, shall remain with PixelPhase. You will not adapt or use any trademark or trade name which is likely to be similar to or confusing to the Software or take any other action which impairs or reduces the trademark rights of PixelPhase. Nothing in this license shall exclude any statutory rights, warranties or conditions which are applicable to this license or the Software and which under any applicable legislation may not be excluded. If permitted by such legislation, however, PixelPhase liability for any breach of any such warranty or condition shall be and is hereby limited to either the resupply of, or the correction of any defect in the Software, as PixelPhase at his sole discretion may determine. This license is effective until terminated. This license will terminate automatically without notice if you fail to comply with any of the terms or provisions of this license. Upon termination of this license you must erase the Software and all copies in your possession. You may terminate this license at any time by erasing the Software and all copies in your possession. Upon termination of this license for whatever reason you will lose any and all rights this license may have afforded you. To the full extent permissible by law, PixelPhase hereby excludes all conditions and warranties, whether imposed by statute, operation of law or otherwise not expressly set out herein. PixelPhase does not make any express or implied warranties or conditions, including, but not limited to, the warranties of merchantability or fitness for a particular purpose with respect to the Software. No oral or written information or advice given by any person shall in any way create a warranty. PixelPhase warrants that the Software will perform substantially in accordance with the owner's manual and/or on- line help system and that the physical materials (disks and printed manual) are free from physical defects for a period of ninety (90) days from date of purchase. Any implied warranties are limited to ninety (90) days. PixelPhase's entire liability and your sole and exclusive remedy shall be at PixelPhase option to: a) correct the error, b) help you work around or avoid the error, or c) authorize a credit or exchange. The limited warranty is void if the failure of the Software results from accident, abuse, misuse or misapplication. PixelPhase developed the Software but makes no recommendations regarding their use. PixelPhase accepts no responsibility for the functioning of the Software. Except as set out in this license, in no event shall PixelPhase, or any of his agents, be liable for any damages whatsoever, including, but not limited to, damages arising from loss of business profits, business interruptions, business information, computer programs, or any sequential damages of any kind and/or amount. In the event of the invalidity of any provision of this license, the parties (PixelPhase and the software user), agree that such invalidity shall not effect the validity of the remaining portions of this license. This license contains the entire agreement between the parties hereto with respect to the all of PixelPhase's Software and supersedes all prior agreements whether oral or written. Failure or delay by PixelPhase in enforcing any right or provision herein shall not be deemed a waiver of such provision or right.