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IMPORTANT -- PLEASE READ THIS CAREFULLY BEFORE INSTALLING THIS SOFTWARE. THIS IS
A CONTRACT. BY INDICATING YOUR ACCEPTANCE BELOW, YOU AGREE TO BE BOUND BY
THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE WITH THE TERMS
AND CONDITIONS OF THIS AGREEMENT, CHOOSE "NO" BELOW AND DO NOT INSTALL OR USE
THIS SOFTWARE.
This Pixelan Software ("Pixelan") End User License Agreement ("Agreement") is for accompanying
software and related electronic files ("Software"), including any upgrades, modified versions, updates, or
additions to the Software, and any related written Documentation. Pixelan grants to you ("End User") a
nonexclusive license to use the Software and Documentation, provided that you agree to the following:
3. Restrictions
The Software contains trade secrets in its human perceivable form and, to protect them, you may not
reverse engineer, decompile, disassemble, or in any way reduce the software to any human perceivable
form. You may not modify, adapt, translate, rent, lease, loan, resell for profit, or create derivative works
based upon the software or any part thereof.
4. Limited Warranty
Pixelan warrants to you that the Software will perform substantially in accordance with the
Documentation. If somehow you are unhappy with the Software, contact Pixelan Software within thirty
(30) days of your purchase. Pixelan, as its entire and exclusive liability and remedy, may either replace
the Software or refund the license fee you paid for the Software.
EXCEPT FOR THE ABOVE LIMITED WARRANTY, PIXELAN MAKES NO WARRANTIES, EXPRESS
OR IMPLIED, AS TO NONINFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, OR
FITNESS FOR ANY PARTICULAR PURPOSE. Some states or jurisdictions do not allow the exclusion of
implied warranties or limitations on how long an implied warranty may last, so the above limitations may
not apply to you. To the extent permissible, any implied warranties are limited to thirty (30) days. This
warranty gives you specific legal rights. You may have other rights which vary from state to state or
jurisdiction to jurisdiction. For further warranty information, please contact Pixelan.
5. Liability
In no event is Pixelan liable to you or any other party for damages of any kind, including (without
limitation) damages for loss of business profits, business interruption, or other types of loss arising out the
use or inability to use this product. Pixelan also is not liable for damages of any kind resulting from any
images created or manipulated with our software. The Software may not be used in the production of
lewd, obscene or pornographic material. The total liability that Pixelan can be held to for any cause
whatsoever is the license fee you paid for the Software.
6. Applicable Laws
Any claim arising under or relating to this Agreement shall be governed by the laws of the State of
Washington (except United States federal law governing copyrights and trademark(s)). If any part of this
Agreement is found void and unenforceable, it will not affect the validity of the balance of the Agreement,
which shall remain valid and enforceable according to its terms. You agree that the Software will not be
shipped, transferred or exported into any country or used in any manner prohibited by the United States
Export Administration Act or any other export laws, restrictions or regulations.