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Pixelan Software -- End User License Agreement

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:

1. Storage and Use of the Software


The Software is licensed to you for installation in a single storage location on ONE computer, for use on
the same computer. The primary user of the same computer may also install the Software on one home
or portable computer. However, the Software may not be used on the secondary computer by the primary
user or another person AT THE SAME TIME the Software on the primary computer is being used. To
legally place this software on a network or on several computers for use by more than one person, a site
license is required. (Pixelan Software offers generous site licensing discounts.)

2. Reproduction and Transfer


You may not rent, lease, sublicense or lend the Software or Documentation. You may, however, transfer
all of your rights to use the Software to another person or legal entity if (a) you transfer this Agreement,
the Software, including all copies, updates and prior versions, and all Documentation to such person or
entity, (b) you retain no copies, including copies stored on a computer, and (c) the recipient accepts the
terms and conditions of this Agreement.

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.

7. US Government Restricted Rights


If you are a U.S. government end user, this License conveys only restricted rights. Use, duplication, or
disclosure are subject to Federal restrictions as set forth in subparagraph (c) (1) (ii) of The Rights in
Technical Data and Computer Software clause at DFARS 252.227-7017 or subparagraphs (c) (1) and (2)
of the Commercial Computer Software-Restricted Rights at 48 CFR 52.227-19 as applicable.

8. Copyright and trademarks.


All copyrights to the Software and Documentation are exclusively owned by Pixelan. Pixelan Software,
SpiceFX, SpiceMaster, AccentFX, PerfectPIP, PanZoom, OverlayFX, TitleFX, and TranJelly are
trademarks of Pixelan Software. All other products or companies mentioned are used for identification
purposes only and may be trademarks or registered trademarks of their respective owners.

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