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Customer's personal evaluation purposes only. Customer will be deemed to have an
Evaluation License for all Software that has been provided to Customer by Photodex
and for which Customer has not paid the Software Fee or has not been provided with
a registration key. SOFTWARE PROVIDED UNDER AN EVALUATION LICENSE MAY NOT
BE FULLY FUNCTIONAL AND CUSTOMER ASSUMES THE ENTIRE RISK AS TO THE
RESULTS AND PERFORMANCE OF THE SOFTWARE. PHOTODEX WILL NOT UPDATE THE
SOFTWARE, NOR WILL PHOTODEX SUPPORT THE SOFTWARE. THE SOFTWARE MAY
CONTAIN CODE THAT WILL, AFTER A CERTAIN TIME PERIOD, DEACTIVATE THE
SOFTWARE AND RENDER THE SOFTWARE UNUSABLE. ALTHOUGH THE SOFTWARE
MAY WARN CUSTOMER OF THE TIME-FRAME IN WHICH IT WILL BE DISABLED,
CUSTOMER ACKNOWLEDGES AND AGREES THAT THE SOFTWARE MAY BE
DEACTIVATED OR RENDERED UNUSABLE WITH OR WITHOUT WARNING. Upon such
deactivation, this Evaluation License will be considered terminated. Prior to
deactivation of the Software, Customer may contact Photodex to convert the
Evaluation License to a License pursuant to this Agreement by paying to Photodex
the Software Fee and obtaining from Photodex the applicable registration key.
Photodex may, in its sole discretion, terminate the Evaluation License at any time,
whereupon this Agreement will be considered terminated.

2. AUTHORIZED USE.
a. MPEG2 Restriction. ANY USE OF THIS SOFTWARE OTHER THAN CONSUMER
PERSONAL USE IN ANY MANNER THAT COMPLIES WITH THE MPEG-2 STANDARD FOR
ENCODING VIDEO INFORMATION FOR PACKAGED MEDIA IS EXPRESSLY PROHIBITED
WITHOUT A LICENSE UNDER APPLICABLE PATENTS IN THE MPEG-2 PATENT
PORTFOLIO, WHICH LICENSE IS AVAILABLE FROM MPEG LA, L.L.C., 250 STEELE STREET,
SUITE 300, DENVER, COLORADO 80206.

b. No Automated Use. Customer is strictly prohibited from automated or semi-
automated use of the Software (i) on a remote server via the control of a remote
server, (ii) by means of an automated or semi-automated program that simulates the
actions of a person controlling the Computer on which the Software is executing, or
(iii) by means of any program or process that operates the Software in an automated
fashion. CUSTOMER HEREBY AGREES THAT THE DAMAGES TO PHOTODEX OF SUCH
USE SHALL BE EQUAL TO THE SOFTWARE FEE FOR THIS LICENSE MULTIPLIED BY THE
NUMBER OF UNAUTHORIZED USERS THAT ACCESSED THE SOFTWARE, PLUS ANY
LEGAL FEES INCURRED BY PHOTODEX IN CONNECTION WITH THE RECOVERY OF
SUCH DAMAGES.

c. Software Controls. The Software may contain controls intended to prevent the
unlicensed or illegal use of the Software. Customer hereby acknowledges such
controls and agrees to follow instructions provided by Photodex regarding such