Page 718 - ProShow Producer Manual

718 End User License Agreement

Documentation and all related designs, formulas, procedures, methods, apparatus,
ideas, creations, improvements, works of authorship, materials, processes, inventions,
techniques, data, know-how, show-how, algorithms, programs, subroutines, tools,
trademarks, patents and patentable materials, copyrights and copyrightable
materials, and trade secrets. The Software, Documentation and all related Intellectual
Property are protected by the copyright and other intellectual property laws of the
United States and international copyright treaties. This License is not a sale of the
Software. All materials, including but not limited to, any and all text, graphics, images,
software code, screen layout and any other content are the copyrighted materials of
Photodex Corporation. All rights reserved.
Customer's Content, including Content created using the Software, and all
Intellectual Property rights associated with the Content are and will remain
Customer's exclusive property.

6. TERM AND TERMINATION.
The term of the License to the Software is as indicated on Customer's invoice or sales
receipt or, if not otherwise specified, perpetual, subject to termination as further
provided herein. Photodex may terminate this License if Customer fails to comply
with any terms or conditions of this Agreement. In the event of termination,
Customer shall destroy all Software and Documentation, and render unusable any
backup or archival copy of the Software and Documentation. The provisions in
Sections 4, 5, 7, 8, 9 and 11(f) shall survive the termination of this License and this
Agreement.

7. NO WARRANTY.
PHOTODEX MAKES NO WARRANTY OF ANY KIND REGARDING THE SOFTWARE OR
DOCUMENTATION. PHOTODEX EXPRESSLY DISCLAIMS, TO THE EXTENT PERMITTED
BY LAW, ALL IMPLIED WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF
MERCHANTABILITY (INCLUDING, BUT NOT LIMITED TO MERCHANTABILITY OF
COMPUTER PROGRAMS), FITNESS FOR PARTICULAR PURPOSE, OR OF NON-
INFRINGEMENT, WARRANTIES OF NONINTERFERENCE WITH INFORMATION, AND
ACCURACY OF INFORMATIONAL CONTENT. COMPETING CLAIMS MAY EXIST AND
PHOTODEX GRANTS ONLY SUCH RIGHTS AS IT ACTUALLY POSSESSES. EXCEPT FOR
THE EXPRESS WARRANTIES STATED IN THIS AGREEMENT, IF ANY, THE SOFTWARE IS
PROVIDED WITH ALL FAULTS, AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY,
PERFORMANCE, AND ACCURACY IS WITH CUSTOMER. THE ONLY REPRESENTATIONS
OR WARRANTIES MADE TO CUSTOMER ARE THOSE EXPRESSLY MADE BY PHOTODEX
IN THIS AGREEMENT. OCCASIONAL SOFTWARE ERRORS OR OMISSIONS MAY OCCUR.
SOME STATES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES SO THESE
LIMITATIONS MAY NOT APPLY TO CUSTOMER. THE WARRANTIES SET FORTH HEREIN