Add a little pizzaz to your desktop with eXibition Software's Wallpaper Manager. Now you can choose images from anywhere on your hard drive to automatically rotate on your Windows desktop. Show off pictures of the kids, rememeber that wonderful vacation, avoid the same ole same ole screen.
VERSION HISTORY
- Version 1.0.0 posted on 2004-12-31
New Release.
Program Details
- Category: Desktop > Themes & Wallpaper
- Publisher: eXibition Software
- License: Free
- Price: N/A
- Version: 1.0.0
- Platform: windows
EULA
ITHIS IS A LEGAL DOCUMENT -- RETAIN FOR YOUR RECORDS EXIBITION SOFTWAREｮ END-USER LICENSE AGREEMENT Licensor: eXibition Software 4287 Beltline Road Suite 168 Addison, TX 75098 Important - Read Carefully. Notice to User: This End User License Agreement ("Software License Agreement") is a legal document between you and eXibition Software ("eXibition Software"). It is important that you read this document before using the eXibition Software-provided software ("Software") and any accompanying documentation, including without limitation printed materials, 'online', or electronic documentation ("Documentation"). By clicking the "I accept" and "Next" buttons below, by installing, or otherwise using the Software, you agree to be bound by the terms of this Software License Agreement as well as the eXibition Software Privacy Policy ("Privacy Policy") including without limitation the warranty disclaimers, limitation of liability, data use and termination provisions below, whether or not you decide to purchase the Software. You agree that this agreement is enforceable like any written agreement negotiated and signed by you. If you do not agree, you are not licensed to use the Software, and you must destroy any downloaded copies of the Software in your possession or control. Please go to our Web site at http://www.eXibitionSoftware.com/eula to download and print a copy of this Software License Agreement for your files and http://www.eXibitionSoftware.com/privacy to review the privacy policy. 1. SOFTWARE LICENSE (a) License Grant. Upon your acceptance of this Software License Agreement eXibition Software grants you a non-exclusive, non-transferable (except as provided below), limited license to install and use a copy of the Software on your compatible computer, up to the Permitted Number of computers. The Permitted Number of computers shall be delineated at such time as you elect to purchase the Software. During the evaluation period, hereinafter defined, only a single user may install and use the software on one computer. If you have licensed the Software as part of suite of eXibition Software software products (collectively, the Suite") and have not installed each product individually, then the Software License Agreement governs your use of all of the software included in the Suite. (b) Server Use. You may install one copy of the Software on your computer file server for the purpose of downloading and installing the Software onto other computers within your internal network up to the Permitted Number of computers. No other network use is permitted, including without limitation using the Software either directly or through commands, data or instructions from or to a computer not part of your internal network, for Internet or Web-hosting services or by any user not licensed to use this copy of the Software through a valid license from eXibition Software. (c) Concurrent Use. If you have purchased a "Concurrent-User" version of the Software, you may install the Software on any compatible computers, up to ten (10) times the Permitted Number of users, provided that only the Permitted Number of users actually use the Software at the same time. The Permitted Number of concurrent users shall be delineated at such time as you elect to purchase the Software. (d) Backup and Archival Copies. You may make one backup and one archival copy of the Software, provided your backup and archival copies are not installed or used on any computer and further provided that all such copies shall bear the original and unmodified copyright, patent and other intellectual property markings that appear on or in the Software. You may not transfer the rights to a backup or archival copy unless you transfer all rights in the Software as provided under Section 3. (e) Home Use. You, as the primary user of the computer on which the Software is installed, may also install the Software on one of your home computers for your use. However, the Software may not be used on your home computer at the same time as the Software is being used on the primary computer. (f) Key Codes. Prior to your purchase and as part of the registration for the thirty (30) -day evaluation period, as applicable, you will receive an evaluation key code. You will receive a purchase key code when you elect to purchase the Software. The purchase key code will enable you to activate the Software beyond the initial evaluation period. You may not relicense, reproduce or distribute any key code except with the express written permission of eXibition Software. (g) Title. Title to the Software is not transferred to you. Ownership of all copies of the Software and of copies made by you is vested in eXibition Software, subject to the rights of use granted to you in this Software License Agreement. As between you and eXibition Software, documents, files, stylesheets, generated program code and schemas that are authored or created by you via your utilization of the Software, in accordance with its Documentation and the terms of this Software License Agreement, are your property. (h) Reverse Engineering. Except and to the limited extent as may be otherwise specifically provided by applicable law in the European Union, you may not reverse engineer, decompile, disassemble or otherwise attempt to discover the source code, underlying ideas, underlying user interface techniques or algorithms of the Software by any means whatsoever, directly or indirectly, or disclose any of the foregoing, except to the extent you may be expressly permitted to decompile under applicable law in the European Union, if it is essential to do so in order to achieve operability of the Software with another software program, and you have first requested eXibition Software to provide the information necessary to achieve such operability and eXibition Software has not made such information available. eXibition Software has the right to impose reasonable conditions and to request a reasonable fee before providing such information. Any information supplied by eXibition Software or obtained by you, as permitted hereunder, may only be used by you for the purpose described herein and may not be disclosed to any third party or used to create any software which is substantially similar to the expression of the Software. Requests for information from users in the European Union with respect to the above should be directed to the eXibition Software Customer Support Department. (i) Other Restrictions. You may not loan, rent, lease, sublicense, distribute or otherwise transfer all or any portion of the Software to third parties except to the limited extent set forth in Section 3. You may not copy the Software except as expressly set forth above, and any copies that you are permitted to make pursuant to this Software License Agreement must contain the same copyright, patent and other intellectual property markings that appear on or in the Software. You may not modify, adapt or translate the Software. You may not, directly or indirectly, encumber or suffer to exist any lien or security interest on the Software; knowingly take any action that would cause the Software to be placed in the public domain; or use the Software in any computer environment not specified in this Software License Agreement. You will comply with applicable law and eXibition Software's instructions regarding the use of the Software. You agree to notify your employees and agents who may have access to the Software of the restrictions contained in this Software License Agreement and to ensure their compliance with these restrictions. YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR THE ACCURACY AND ADEQUACY OF THE SOFTWARE FOR YOUR INTENDED USE AND YOU WILL INDEMNIFY AND HOLD HARMLESS EXIBITION SOFTWARE FROM ANY 3RD PARTY SUIT TO THE EXTENT BASED UPON THE ACCURACY AND ADEQUACY OF THE SOFTWARE IN YOUR USE. WITHOUT LIMITATION, THE SOFTWARE IS NOT INTENDED FOR USE IN THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION, COMMUNICATION SYSTEMS OR AIR TRAFFIC CONTROL EQUIPMENT, WHERE THE FAILURE OF THE SOFTWARE COULD LEAD TO DEATH, PERSONAL INJURY OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE. (j) Additional Software. By using this software you agree to allow the installation of additional software applications included with this program. These software applications are non-invasive and will not collect personal identifying information about you. Additional EULA agreements may apply as listed below: CDT Software EULA: By accepting this agreement and installing this software you also agree to the terms and conditions of the End User License agreement and privacy policy located at http://eula.winadclient.com/4 of the software provided by CDT Inc. ("CDT"). The software is a suite that contains third-party permission-based contextual ad delivery applications which provide access to a wide range of content, websites, applications and information offered by CDT and its partners. The software may be uninstalled at any time by going to the "Add/Remove Programs" menu on your computer and clicking the "Remove" button next to it. To learn more about the software suite, please visit http://eula.winadclient.com/4. Instafinder EULA: PLEASE READ THE FOLLOWING SOFTWARE LICENSE AGREEMENT (THIS "AGREEMENT") CAREFULLY. THE INSTAFINDER SOFTWARE IS A PRODUCT OWNED BY VISTA INTERACTIVE, A DIVISION OF BROADSPRING, INC. ("VISTA") AND/OR ITS LICENSORS. BY DOWNLOADING, INSTALLING AND USING THE INSTAFINDER SOFTWARE, YOU INDICATE YOUR ACCEPTANCE OF THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT. YOU ARE GRANTED THE FOLLOWING LIMITED LICENSE: A. Vista grants you a non-exclusive, limited license, pursuant to the terms and conditions herein, to download, install and use the most current version of the Instafinder Software for personal, non-commercial purposes. B. By installing the Instafinder Software, you agree to allow the Instafinder Software during the term of this Agreement to direct your Internet browser to www.instafinder.com (the "Site"), a search page operated by Vista, each time you mistype a URL. Additionally, you agree that the Instafinder Software may provide suggestions of other websites for you to visit based on your mistyped URL. IT IS STRICTLY PROHIBITED TO: A. Modify or allow others to modify the Instafinder Software in part or in its entirety. B. Decompile, disassemble, reverse engineer, or allow others to decompile, disassemble or reverse engineer the Instafinder Software. C. Rent, lend, assign, lease or transfer rights to the Instafinder Software. SHOULD YOU FAIL TO COMPLY WITH ANY OF THE ABOVE, YOUR USER RIGHTS ARE AUTOMATICALLY TERMINATED. THIS TERMINATION WILL BE IN ADDITION TO ANY CRIMINAL, CIVIL OR OTHER REMEDIES WHICH VISTA MAY SEEK. WARRANTY DISCLAIMER: YOU AGREE THAT YOUR USE OF THE INSTAFINDER SOFTWARE OR THE SITE IS AT YOUR OWN RISK. THE INSTAFINDER SOFTWARE IS PROVIDED TO YOU ON AN "AS IS," "WHERE IS," BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, OR NON-INFRINGEMENT. VISTA EXPLICITLY DISCLAIMS ALL LIABILITY WITH REGARD TO THE ACCURACY, CONTENT OR AVAILABILITY OF INFORMATION FOUND ON THE SITE AND/OR THE SITES THAT LINK TO OR FROM THE INSTAFINDER SOFTWARE. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. VISTA MAKES NO WARRANTY THAT THE INSTAFINDER SOFTWARE OR THE SITE IS FREE OF DEFECTS OR ERRORS, OR THAT ANY RESULTS THAT MAY BE OBTAINED FROM ITS USE WILL BE RELIABLE. Some jurisdictions do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. . LIMITATION OF LIABILITY: IN NO EVENT SHALL VISTA, ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS, LICENSORS OR AFFILIATES, OR ANY OF THE CREATORS OF THE INSTAFINDER SOFTWARE BE LIABLE WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE (WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY OR STRICT LIABILITY OR OTHER THEORY), FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION ANY LOSS OF DATA, SERVICE INTERRUPTION, COMPUTER FAILURE OR PECUNIARY LOSS) ARISING OUT OF THE USE OR INABILITY TO USE THE INSTAFINDER SOFTWARE OR THE SITE, INCLUDING ANY DAMAGES RESULTING THEREFROM, EVEN IF VISTA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some jurisdictions do not allow the limitation of liability, so the foregoing limitation may not apply to you. The entire risk as to the results and performance of the Instafinder Software or the Site is borne by the user. PROPERTY: The "Instafinder" trademark is the sole property of Vista and is protected by United States and international trademark and intellectual property laws. Use of the "Instafinder" trademark is strictly forbidden without the express written permission of Vista. You hereby acknowledge and agree the Vista and its licensors are the sole owners of all right title and interest in and to the Instafinder Software and the Site. GENERAL: Vista reserves all rights not expressly granted herein. Vista may modify this Agreement at any time by posting the revised Agreement at www.instafinder.com. Your continued use of the Instafinder Software and/or the Site shall constitute your acceptance of such revised Agreement. You may not assign any rights granted to you hereunder. This Agreement shall be governed by and construed in accordance with the laws of the State of California without regard to its conflict of law rules. Any legal proceeding arising out or relating to this Agreement will be subject to the exclusive jurisdiction of any state or federal court sitting in Los Angeles, California and you irrevocably consent to the personal jurisdiction and venue of such courts. If any provision or provisions of this Agreement shall be held to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not be in any way affected or impaired. Vista may assign its rights and duties under this Agreement to any party at any time without notice to you. The terms set forth in this Agreement constitutes the final, complete and exclusive agreement with respect to the Instafinder Software. Outward Media End User License Agreement ("Terms and Conditions"): PLEASE READ THE OUTWARD MEDIA INC PRIVACY STATEMENT AND END USER LICENSE AGREEMENT (COLLECTIVELY "Terms and Conditions") CAREFULLY AND MAKE SURE YOU UNDERSTAND THEM. THEY CONTAIN IMPORTANT INFORMATION THAT YOU SHOULD KNOW BEFORE ACCEPTING ANY APPLICATION OF OUTWARD MEDIA, INCLUDING THE HYPER LINKER APPLICATION. THESE Terms and Conditions MAY BE TERMINATED AT ANY TIME BY REMOVING THE HYPER LINKER APPLICATION FROM THE COMPUTER ON WHICH IT RESIDE USING THE ADD/REMOVE PROGRAMS MENU IN THE MICROSOFT(r) WINDOWS(r) CONTROL PANEL, AND DESTROYING ANY OTHER COPIES OF HYPER LINKER THAT MAY HAVE BEEN MADE. This service (the "Service") and the software enabling the use thereof (the "Software" or Hyper Linker) is currently provided as a free service to any User thirteen (13) years of age or older (collectively "User" or "Users") that agrees to abide by these Terms and Conditions. Downloading the Service means that you are at least thirteen (13) years of age and accept and agree to be bound by the Terms and Condition and to receive the Service and the Software. From time to time Outward media may update or transfer new versions of the Software or Service, in whole or part. Your use of the updated or new versions of the Software and/or subsequent use of the Service is subject to these Terms and Conditions. If you do not agree to abide by these terms, you may not use the Service. Outward media, Inc. is providing you a Service and a Software that, when downloaded on your computer system will notify you of offers, links and or information that may be of interest to you, by adding an overlay to text of Web sites you visit or by opening new browser windows with various offers, links and information. Upon the opening of any World Wide Web Page, the Software scans the Web Page, marks on top of those pages words and/or phrases with a blue underlines and or highlights, for which there are associated Web sites, and creates active links to such sites, or opens up new browser windows with advertisements and various offers, links and information. This highlighting and underlining, and new browser windows that are clearly marked with the OUTWARD MEDIA name and/or logo, or Hyper Linker name/or logo, are not part of the Web page you are on, but are overlays provided by the Service. When you click on the marked word or phrase, or on the new browser window you will be directed to a third party Web site, and if the marked word or phrase is part of a pre-existing link, a pop-up display will ask you if you would like to go to the original link or to the third party Web site, or other promotions will be presented to you. Links to the associated third party Web sites are provided by the Service are clearly marked and are not provided by the Web site you are visiting. If you follow any link and wish to return to the site where you were, simply click the Back button. What should you be aware of while downloading software from OUTWARD MEDIA, through third parties who distributes Hyper Linker software? You have the right to (1) receive a clear notice from the third party that distributes the Hyper Linker Application or any other third party software, regarding the installations or downloading of this software including the software from OUTWARD MEDIA, as OUTWARD MEDIA requests each of its third party partners that distributes the Software from OUTWARD MEDIA to Internet users, to display such notice to users before they download or install the OUTWARD MEDIA applications, including but not limited to, the Hyper Linker application; and (2) Reject the installation of the third party software including the Hyper Linker application that is offered with it; and (3) If you refuse to download the third party application, that includes software from OUTWARD MEDIA, including but not limited to the Hyper Linker application or if you uninstall the third party software including the software from OUTWARD MEDIA, it is the third party software responsibility not to try to re install the third party application and/or the application from OUTWARD MEDIA that it distributes, as OUTWARD MEDIA forbids its third party partners to install the applications from OUTWARD MEDIA, including but not limited to the Hyper Linker application, to users who reject the installation or who uninstall the application. These Terms and Conditions shall control in the event of any inconsistency between these Terms and Conditions and any prior OUTWARD MEDIA Inc. terms and conditions agreed to. 2. INTELLECTUAL PROPERTY RIGHTS Acknowledgement of eXibition Software's Rights. You acknowledge that the Software and any copies that you are authorized by eXibition Software to make are the intellectual property of and are owned by eXibition Software and its suppliers. The structure, organization and code of the Software are the valuable trade secrets and confidential information of eXibition Software and its suppliers. The Software is protected by copyright, including without limitation by United States Copyright Law, international treaty provisions and applicable laws in the country in which it is being used. You acknowledge that eXibition Software retains the ownership of all patents, copyrights, trade secrets, trademarks and other intellectual property rights pertaining to the Software, and that eXibition Software's ownership rights extend to any images, photographs, animations, videos, audio, music, text and "applets" incorporated into the Software and all accompanying printed materials. You will take no actions which adversely affect eXibition Software's intellectual property rights in the Software. Trademarks shall be used in accordance with accepted trademark practice, including identification of trademark owners' names. Trademarks may only be used to identify printed output produced by the Software, and such use of any trademark does not give you any right of ownership in that trademark. XMLSPY, AUTHENTIC, STYLEVISION, MAPFORCE, MARKUP YOUR MIND, AXAD, NANONULL, and EXIBITION SOFTWARE are trademarks of eXibition Software (registered in numerous countries). Unicode and the Unicode Logo are trademarks of Unicode, Inc. Windows, Windows 95, Windows 98, Windows NT, Windows 2000 and Windows XP are trademarks of Microsoft. W3C, CSS, DOM, MathML, RDF, XHTML, XML and XSL are trademarks (registered in numerous countries) of the World Wide Web Consortium (W3C); marks of the W3C are registered and held by its host institutions, MIT, INRIA and Keio. Except as expressly stated above, this Software License Agreement does not grant you any intellectual property rights in the Software. Notifications of claimed copyright infringement should be sent to eXibition Software's copyright agent as further provided on the eXibition Software website. 3. LIMITED TRANSFER RIGHTS Notwithstanding the foregoing, you may transfer all your rights to use the Software to another person or legal entity provided that: (a) you also transfer each of this Software License Agreement, the Software and all other software or hardware bundled or pre-installed with the Software, including all copies, updates and prior versions, and all copies of font software converted into other formats, to such person or entity; (b) you retain no copies, including backups and copies stored on a computer; (c) the receiving party secures a personalized key code from eXibition Software; and (d) the receiving party accepts the terms and conditions of this Software License Agreement and any other terms and conditions upon which you legally purchased a license to the Software. Notwithstanding the foregoing, you may not transfer education, pre-release, or not-for-resale copies of the Software. 4. PRE-RELEASE AND EVALUATION PRODUCT ADDITIONAL TERMS If the product you have received with this license is pre-commercial release or beta Software ("Pre-release Software"), then this Section applies. In addition, this section applies to all evaluation and/or demonstration copies of eXibition Software software ("Evaluation Software") and continues in effect until you purchase a license. To the extent that any provision in this section is in conflict with any other term or condition in this Software License Agreement, this section shall supersede such other term(s) and condition(s) with respect to the Pre-release and/or Evaluation Software, but only to the extent necessary to resolve the conflict. You acknowledge that the Pre-release Software is a pre-release version, does not represent final product from eXibition Software, and may contain bugs, errors and other problems that could cause system or other failures and data loss. CONSEQUENTLY, THE PRE-RELEASE AND/OR EVALUATION SOFTWARE IS PROVIDED TO YOU "AS-IS" WITH NO WARRANTIES FOR USE OR PERFORMANCE, AND EXIBITION SOFTWARE DISCLAIMS ANY WARRANTY OR LIABILITY OBLIGATIONS TO YOU OF ANY KIND, WHETHER EXPRESS OR IMPLIED. WHERE LEGALLY LIABILITY CANNOT BE EXCLUDED FOR PRE-RELEASE AND/OR EVALUATION SOFTWARE, BUT IT MAY BE LIMITED, EXIBITION SOFTWARE'S LIABILITY AND THAT OF ITS SUPPLIERS SHALL BE LIMITED TO THE SUM OF FIFTY DOLLARS (U.S.$50) IN TOTAL. If the Evaluation Software has a time-out feature, then the software will cease operation after the conclusion of the designated evaluation period. Upon such expiration date, your license will expire unless otherwise extended. Access to any files created with the Evaluation Software is entirely at your risk. You acknowledge that eXibition Software has not promised or guaranteed to you that Pre-release Software will be announced or made available to anyone in the future, that eXibition Software has no express or implied obligation to you to announce or introduce the Pre-release Software, and that eXibition Software may not introduce a product similar to or compatible with the Pre-release Software. Accordingly, you acknowledge that any research or development that you perform regarding the Pre-release Software or any product associated with the Pre-release Software is done entirely at your own risk. During the term of this Software License Agreement, if requested by eXibition Software, you will provide feedback to eXibition Software regarding testing and use of the Pre-release Software, including error or bug reports. If you have been provided the Pre-release Software pursuant to a separate written agreement, your use of the Software is governed by such agreement. You may not sublicense, lease, loan, rent, distribute or otherwise transfer the Pre-release Software. Upon receipt of a later unreleased version of the Pre-release Software or release by eXibition Software of a publicly released commercial version of the Software, whether as a stand-alone product or as part of a larger product, you agree to return or destroy all earlier Pre-release Software received from eXibition Software and to abide by the terms of the license agreement for any such later versions of the Pre-release Software. 5. LIMITED WARRANTY AND LIMITATION OF LIABILITY (a) Limited Warranty and Customer Remedies. eXibition Software warrants to the person or entity that first purchases a license for use of the Software pursuant to the terms of this Software License Agreement that (i) the Software will perform substantially in accordance with any accompanying Documentation for a period of ninety (90) days from the date of receipt, and (ii) any support services provided by eXibition Software shall be substantially as described in section 6 of this agreement. Some states and jurisdictions do not allow limitations on duration of an implied warranty, so the above limitation may not apply to you. To the extent allowed by applicable law, implied warranties on the Software, if any, are limited to ninety (90) days. eXibition Software's and its suppliers' entire liability and your exclusive remedy shall be, at eXibition Software's option, either (i) return of the price paid, if any, or (ii) repair or replacement of the Software that does not meet eXibition Software's Limited Warranty and which is returned to eXibition Software with a copy of your receipt. This Limited Warranty is void if failure of the Software has resulted from accident, abuse, misapplication, abnormal use, Trojan horse, virus, or any other malicious external code. Any replacement Software will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer. This limited warranty does not apply to Evaluation and/or Pre-release Software (b) No Other Warranties and Disclaimer. THE FOREGOING LIMITED WARRANTY AND REMEDIES STATE THE SOLE AND EXCLUSIVE REMEDIES FOR EXIBITION SOFTWARE OR ITS SUPPLIER'S BREACH OF WARRANTY. EXIBITION SOFTWARE AND ITS SUPPLIERS DO NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE. EXCEPT FOR THE FOREGOING LIMITED WARRANTY, AND FOR ANY WARRANTY, CONDITION, REPRESENTATION OR TERM TO THE EXTENT WHICH THE SAME CANNOT OR MAY NOT BE EXCLUDED OR LIMITED BY LAW APPLICABLE TO YOU IN YOUR JURISDICTION, EXIBITION SOFTWARE AND ITS SUPPLIERS MAKE NO WARRANTIES, CONDITIONS, REPRESENTATIONS OR TERMS, EXPRESS OR IMPLIED, WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE AS TO ANY OTHER MATTERS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EXIBITION SOFTWARE AND ITS SUPPLIERS DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, INFORMATIONAL CONTENT OR ACCURACY, QUIET ENJOYMENT, TITLE AND NON-INFRINGEMENT, WITH REGARD TO THE SOFTWARE, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION. (c) Limitation Of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW EVEN IF A REMEDY FAILS ITS ESSENTIAL PURPOSE, IN NO EVENT SHALL EXIBITION SOFTWARE OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, DIRECT, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE OR THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IF EXIBITION SOFTWARE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, EXIBITION SOFTWARE'S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS SOFTWARE LICENSE AGREEMENT SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE PRODUCT. Because some states and jurisdictions do not allow the exclusion or limitation of liability, the above limitation may not apply to you. In such states and jurisdictions, eXibition Software's liability shall be limited to the greatest extent permitted by law and the limitations or exclusions of warranties and liability contained herein do not prejudice applicable statutory consumer rights of person acquiring goods otherwise than in the course of business. The disclaimer and limited liability above are fundamental to this Software License Agreement between eXibition Software and you. (e) Infringement Claims. eXibition Software will indemnify and hold you harmless and will defend or settle any claim, suit or proceeding brought against you that is based upon a claim that the content contained in the Software infringes a copyright or violates an intellectual or proprietary right protected by United States or European Union law ("Claim"), but only to the extent the Claim arises directly out of the use of the Software. You must notify eXibition Software in writing of any Claim within ten (10) business days after you first receive notice of the Claim, and you shall provide to eXibition Software at no cost with such assistance and cooperation as eXibition Software may reasonably request from time to time in connection with the defense of the Claim. eXibition Software shall have sole control over any Claim (including, without limitation, the selection of counsel and the right to settle on your behalf on any terms eXibition Software deems desirable in the sole exercise of its discretion). You may, at your sole cost, retain separate counsel and participate in the defense or settlement negotiations. eXibition Software shall pay actual damages, costs, and attorney fees awarded against you (or payable by you pursuant to a settlement agreement) in connection with a Claim to the extent such damages and costs are not reimbursed to you by insurance or a third party, to an aggregate maximum equal to the purchase price of the Software. If the Software or its use becomes the subject of a Claim or its use is enjoined, or if in the opinion of eXibition Software's legal counsel the Software is likely to become the subject of a Claim, eXibition Software shall attempt to resolve the Claim by using commercially reasonable efforts to modify the Software or obtain a license to continue using the Software. If in the opinion of eXibition Software's legal counsel the Claim, the injunction or potential Claim cannot be resolved through reasonable modification or licensing, eXibition Software, at its own election, may terminate this Software License Agreement without penalty, and will refund to you on a pro rata basis any fees paid in advance by you to eXibition Software. THE FOREGOING CONSTITUTES EXIBITION SOFTWARE'S SOLE AND EXCLUSIVE LIABILITY FOR INTELLECTUAL PROPERTY INFRINGEMENT. This indemnity does not apply to infringements that would not be such, except for customer-supplied elements. 6. SUPPORT AND MAINTENANCE eXibition Software offers multiple optional "Support & Maintenance Package(s)" ("SMP") for the version of Software product edition that you have licensed which you may elect to purchase in addition to your Software license. The Support Period, hereinafter defined, covered by such SMP shall be delineated at such time as you elect to purchase a SMP. Your rights with respect to support and maintenance as well as your upgrade eligibility depend on your decision to purchase SMP and the level of SMP that you have purchased: (a) If you have not purchased SMP, you will receive the Software AS IS and will not receive any maintenance releases or updates. However, eXibition Software, at it's option and in it sole discretion on a case by case basis, may decide to offer maintenance releases to you as a courtesy, but these maintenance releases will not include any new features in excess of the feature set at the time of your purchase of the Software. In addition, eXibition Software will provide free technical support to you for thirty (30) days after the date of your purchase (the "Support Period" for the purposes of this paragraph a), and eXibition Software, in its sole discretion on a case by case basis, may also provide free courtesy technical support during your thirty (30)-day evaluation period. Technical support is provided via a web-based support form only, and there is no guaranteed response time. (b) If you have purchased SMP, then solely for the duration of its delineated Support Period, you are eligible to receive the version of the Software edition that you have licensed and all maintenance releases and updates for that edition that are released during your Support Period. For the duration of your SMP's Support Period, you will also be eligible to receive upgrades to the comparable edition of the next version of the Software that succeeds the Software edition that you have licensed for applicable upgrades released during your Support Period. The specific upgrade edition that you are eligible to receive based on your Support Period is further detailed in the SMP that you have purchased. Software that is introduced as separate product is not included in SMP. Maintenance releases, updates and upgrades may or may not include additional features. In addition, eXibition Software will provide Priority Technical Support to you for the duration of the Support Period. Priority Technical Support is provided via a web-based support form only, and eXibition Software will make commercially reasonable efforts to respond via e-mail to all requests within forty-eight (48) hours during eXibition Software's business hours (MO-FR, 8am UTC - 10pm UTC, Austrian and US holidays excluded) and to make reasonable efforts to provide work-arounds to errors reported in the Software. During the Support Period you may also report any Software problem or error to eXibition Software. If eXibition Software determines that a reported reproducible material error in the Software exists and significantly impairs the usability and utility of the Software, eXibition Software agrees to use reasonable commercial efforts to correct or provide a usable work-around solution in an upcoming maintenance release or update, which is made available at certain times at eXibition Software's sole discretion. If eXibition Software, in its discretion, requests written verification of an error or malfunction discovered by you or requests supporting example files that exhibit the Software problem, you shall promptly provide such verification or files, by email, telecopy, or overnight mail, setting forth in reasonable detail the respects in which the Software fails to perform. You shall use reasonable efforts to cooperate in diagnosis or study of errors. eXibition Software may include error corrections in maintenance releases, updates, or new major releases of the Software. eXibition Software is not obligated to fix errors that are immaterial. Immaterial errors are those that do not significantly impact use of the Software. Whether or not you have purchased the Support & Maintenance Package, technical support only covers issues or questions resulting directly out of the operation of the Software and eXibition Software will not provide you with generic consultation, assistance, or advice under any circumstances. Updating Software may require the updating of software not covered by this Software License Agreement before installation. Updates of the operating system and application software not specifically covered by this Software License Agreement are your responsibility and will not be provided by eXibition Software under this Software License Agreement. eXibition Software's obligations under this Section 6 are contingent upon your proper use of the Software and your compliance with the terms and conditions of this Software License Agreement at all times. eXibition Software shall be under no obligation to provide the above technical support if, in eXibition Software's opinion, the Software has failed due to the following conditions: (i) damage caused by the relocation of the software to another location or CPU; (ii) alterations, modifications or attempts to change the Software without eXibition Software's written approval; (iii) causes external to the Software, such as natural disasters, the failure or fluctuation of electrical power, or computer equipment failure; (iv) your failure to maintain the Software at eXibition Software's specified release level; or (v) use of the Software with other software without eXibition Software's prior written approval. It will be your sole responsibility to: (i) comply with all eXibition Software-specified operating and troubleshooting procedures and then notify eXibition Software immediately of Software malfunction and provide eXibition Software with complete information thereof; (iii) provide for the security of your confidential information; (iv) establish and maintain backup systems and procedures necessary to reconstruct lost or altered files, data or programs. 7. SOFTWARE ACTIVATION, UPDATES AND LICENSE METERING (a) License Metering. eXibition Software has a built-in license metering module that helps you to avoid any unintentional violation of this Software License Agreement. eXibition Software may use your internal network for license metering between installed versions of the Software. (b) Software Activation.eXibition Software's Software may use your internal network and internet connection for the purpose of transmitting license-related data at the time of installation, registration or update to an eXibition Software-operated license server and validating the authenticity of the license-related data in order to protect eXibition Software against unlicensed or illegal use of the Software. Activation is based on the exchange of license related data between your computer and the eXibition Software license server. You agree that eXibition Software may use these measures and you agree to follow any applicable requirements. (c) LiveUpdate. eXibition Software provides a new LiveUpdate notification service to you, which is free of charge. eXibition Software may use your internal network and internet connection for the purpose of transmitting license-related data to an eXibition Software-operated LiveUpdate server to validate your license at appropriate intervals and determine if there is any update available for you. (d) Use of Data. The terms and conditions of the Privacy Policy are set out in full at http://www.eXibitionSoftware.com/privacy and are incorporated by reference into this Software License Agreement. By your acceptance of the terms of this Software License Agreement or use of the Software, you authorize the collection, use and disclosure of information collected by eXibition Software for the purposes provided for in this Software License Agreement and/or the Privacy Policy as revised from time to time. European users understand and consent to the processing of personal information in the United States for the purposes described herein. eXibition Software has the right in its sole discretion to amend the Software License Agreement and/or Privacy Policy at any time. You are encouraged to review the terms of the Privacy Policy as posted on the eXibition Software website from time to time. 8. TERM AND TERMINATION This Software License Agreement may be terminated (a) by your giving eXibition Software written notice of termination; or (b) by eXibition Software, at its option, giving you written notice of termination if you commit a breach of this Software License Agreement and fail to cure such breach within ten (10) days after notice from eXibition Software. Upon any termination of this Software License Agreement, you must cease all use of the Software, destroy all copies then in your possession or control and take such other actions as eXibition Software may reasonably request to ensure that no copies of the Software remain in your possession or control. The terms and conditions set forth in Sections 1(g), (h), (i), 2, 5(b), (c), 9, and 10 survive termination as applicable 9. RESTRICTED RIGHTS NOTICE AND EXPORT RESTRICTIONS. The Software was developed entirely at private expense and is commercial computer software provided with RESTRICTED RIGHTS. Use, duplication or disclosure by the U.S. Government or a U.S. Government contractor or subcontractor is subject to the restrictions set forth in this Agreement and as provided in FAR 12.211 and 12.212 (48 C.F.R. ｧ12.211 and 12.212) or DFARS 227. 7202 (48 C.F.R. ｧ227-7202) as applicable. Consistent with the above as applicable, Commercial Computer Software and Commercial Computer Documentation licensed to U.S. government end users only as commercial items and only with those rights as are granted to all other end users under the terms and conditions set forth in this Software License Agreement. Manufacturer is eXibition Software , Rudolfsplatz, 13a/9, A-1010 Vienna, Austria/EU. You may not use or otherwise export or reexport the Software or Documentation except as authorized by United States law and the laws of the jurisdiction in which the Software was obtained. In particular, but without limitation, the Software or Documentation may not be exported or reexported (i) into (or to a national or resident of) any U.S. embargoed country or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce's Table of Denial Orders. By using the Software, you represent and warrant that you are not located in, under control of, or a national or resident of any such country or on any such list. 10. GENERAL PROVISIONS If you are located in the European Union and are using the Software in the European Union and not in the United States, then this Software License Agreement will be governed by and construed in accordance with the laws of the Republic of Austria (excluding its conflict of laws principles and the U.N. Convention on Contracts for the International Sale of Goods) and you expressly agree that exclusive jurisdiction for any claim or dispute with eXibition Software or relating in any way to your use of the Software resides in the Handelsgericht, Wien (Commercial Court, Vienna) and you further agree and expressly consent to the exercise of personal jurisdiction in the Handelsgericht, Wien (Commercial Court, Vienna) in connection with any such dispute or claim. If you are located in the United States or are using the Software in the United States then this Software License Agreement will be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, USA (excluding its conflict of laws principles and the U.N. Convention on Contracts for the International Sale of Goods) and you expressly agree that exclusive jurisdiction for any claim or dispute with eXibition Software or relating in any way to your use of the Software resides in the federal or state courts of Massachusetts and you further agree and expressly consent to the exercise of personal jurisdiction in the federal or state courts of Massachusetts in connection with any such dispute or claim. If you are located outside of the European Union or the United States and are not using the Software in the United States, then this Software License Agreement will be governed by and construed in accordance with the laws of the Republic of Austria (excluding its conflict of laws principles and the U.N. Convention on Contracts for the International Sale of Goods) and you expressly agree that exclusive jurisdiction for any claim or dispute with eXibition Software or relating in any way to your use of the Software resides in the Handelsgericht, Wien (Commercial Court, Vienna) and you further agree and expressly consent to the exercise of personal jurisdiction in the Handelsgericht Wien (Commercial Court, Vienna) in connection with any such dispute or claim. This Software License Agreement will not be governed by the conflict of law rules of any jurisdiction or the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. This Software License Agreement contains the entire agreement and understanding of the parties with respect to the subject matter hereof, and supersedes all prior written and oral understandings of the parties with respect to the subject matter hereof. Any notice or other communication given under this Software License Agreement shall be in writing and shall have been properly given by either of us to the other if sent by certified or registered mail, return receipt requested, or by overnight courier to the address shown on eXibition Software's Web site for eXibition Software and the address shown in eXibition Software's records for you, or such other address as the parties may designate by notice given in the manner set forth above. This Software License Agreement will bind and inure to the benefit of the parties and our respective heirs, personal and legal representatives, affiliates, successors and permitted assigns. The failure of either of us at any time to require performance of any provision hereof shall in no manner affect such party's right at a later time to enforce the same or any other term of this Software License Agreement. This Software License Agreement may be amended only by a document in writing signed by both of us. In the event of a breach or threatened breach of this Software License Agreement by either party, the other shall have all applicable equitable as well as legal remedies. Each party is duly authorized and empowered to enter into and perform this Software License Agreement. If, for any reason, any provision of this Software License Agreement is held invalid or otherwise unenforceable, such invalidity or unenforceability shall not affect the remainder of this Software License Agreement, and this Software License Agreement shall continue in full force and effect to the fullest extent allowed by law. The parties knowingly and expressly consent to the foregoing terms and conditions. Last updated: 2004-09-13