End User License Agreement (EULA)

J. Hepple, Inc. DBA Fx, Sound & Magic END-USER LICENSE AGREEMENT FOR FX, SOUND & MAGIC SOFTWARE IMPORTANT-READ CAREFULLY: This Fx, Sound & Magic End-User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and J. Hepple, Inc. DBA ("Fx, Sound & Magic") for the Fx, Sound & Magic software product which includes computer software and may include associated media, printed materials, and "online" or electronic documentation (collectively, "SOFTWARE "). By installing, copying, downloading, accessing or otherwise using the SOFTWARE, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, do not install or use the SOFTWARE PRODUCT. SOFTWARE LICENSE The SOFTWARE is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The SOFTWARE is licensed, not sold. 1. GRANT OF LICENSE. This EULA grants you the following limited, non-exclusive rights: * Installation and Use. Except as otherwise provided herein, you, as an individual, may install and use copies of the SOFTWARE on an unlimited number of computers on your premises provided that you are the only individual using the SOFTWARE. If you are an entity, you may designate one individual within your organization to have the right to use the SOFTWARE in the manner provided above. The SOFTWARE is in "use" on a computer when it is loaded into temporary memory (i.e. RAM) or installed into permanent memory (e.g., hard disk, CD-ROM, or other storage device) of that computer. * Reserved Rights. Fx, Sound & Magic and its suppliers retain title and all ownership rights to the SOFTWARE. All rights not expressly granted are reserved to Fx, Sound & Magic. 2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS. * Limitations on Reverse Engineering, Decompilation, and Disassembly. You may not reverse engineer, decompile, or disassemble the SOFTWARE, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation * Termination. Without prejudice to any other rights, Fx, Sound & Magic may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must destroy all copies of the SOFTWARE. * Transfer. You may permanently transfer all of your rights under this EULA, provided you retain no copies, you transfer all of the SOFTWARE (including all component parts, the media and printed materials, any upgrades, this EULA, and, if applicable, the Certificate of Authenticity) and the recipient agrees to the terms of this EULA. If the SOFTWARE is an upgrade, any transfer must include all prior versions of the SOFTWARE. * Rental. You may not rent, lease, or lend the SOFTWARE. * Support Services. Fx, Sound & Magic is not obligated to provide technical or other support ("Support Services") for the SOFTWARE. If Fx, Sound & Magic should provide you with Support Services, use of such Support Services is governed by the Fx, Sound & Magic polices and programs described in the user manual, in "on line" documentation and/or other Fx, Sound & Magic-provided materials. Any supplemental software code provided to you as part of the Support Services shall be considered part of the SOFTWARE and subject to the terms and conditions of this EULA. With respect to technical information you provide to Fx, Sound & Magic as part of the Support Services, Fx, Sound & Magic may use such information for its business purposes, including for product support and development. Fx, Sound & Magic will not utilize such technical information in a form that personally identifies you. 3. INTELLECTUAL PROPERTY RIGHTS. All title and intellectual property rights in and to the SOFTWARE (including but not limited to any images, photographs, animations, video, audio, music, text and "applets" incorporated into the SOFTWARE), and any copies you are permitted to make herein are owned by Fx, Sound & Magic or its suppliers. All title and intellectual property rights in and to the content which may be accessed through use of the SOFTWARE is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. All rights not expressly granted are reserved by Fx, Sound & Magic. 4. U.S. GOVERNMENT RESTRICTED RIGHTS. All SOFTWARE provided to the U.S. Government pursuant to solicitations issued on or after December 1, 1995 is provided with the commercial license rights and restrictions described elsewhere herein. All SOFTWARE provided to the U.S. Government pursuant to solicitations issued prior to December 1, 1995 is provided with "Restricted Rights" as provided for in FAR, 48 CFR 52.227-14 (JUNE 1987) or DFAR, 48 CFR 252.227-7013 (OCT 1988), as applicable. MISCELLANEOUS If you acquired this SOFTWARE in the United States, this EULA is governed by the laws of the State of Texas. If this SOFTWARE was acquired outside the United States, then local law may apply. Should you have any questions concerning this EULA, or if you desire to contact Fx, Sound & Magic for any reason, please contact J. Hepple, Inc. DBA Fx, Sound & Magic, 224 River View Drive, Waco, Texas 76712. DISCLAIMER OF WARRANTIES. To the maximum extent permitted by applicable law, Fx, Sound & Magic and its suppliers provide the SOFTWARE and any (if any) support services related to the SOFTWARE ("Support Services") AS IS AND WITH ALL FAULTS, and hereby disclaim all warranties and conditions, either express, implied or statutory, including, but not limited to, any (if any) implied warranties or conditions of merchantability, of fitness for a particular purpose, of lack of viruses, of accuracy or completeness of responses, of results, and of lack of negligence or lack of workmanlike effort, all with regard to the SOFTWARE, and the provision of or failure to provide Support Services. ALSO, THERE IS NO WARRANTY OR CONDITION OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION OR NON-INFRINGEMENT, WITH REGARD TO THE SOFTWARE. THE ENTIRE RISK AS TO THE QUALITY OF OR ARISING OUT OF USE OR PERFORMANCE OF THE SOFTWARE AND SUPPORT SERVICES, IF ANY, REMAINS WITH YOU. EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND CERTAIN OTHER DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL FX, SOUND & MAGIC OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SOFTWARE, THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS EULA, EVEN IN THE EVENT OF THE FAULT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, BREACH OF CONTRACT OR BREACH OF WARRANTY OF FX, SOUND & MAGIC OR ANY SUPPLIER, AND EVEN IF FX, SOUND & MAGIC OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. LIMITATION OF LIABILITY AND REMEDIES. Notwithstanding any damages that you might incur for any reason whatsoever (including, without limitation, all damages referenced above and all direct or general damages), the entire liability of Fx, Sound & Magic and any of its suppliers under any provision of this EULA and your exclusive remedy for all of the foregoing shall be limited to the greater of the amount actually paid by you for the SOFTWARE or U.S.$1.00. If you register a trial version you are certifying that you have tried the software, are completely satisfied and that you waive any claims for any refund as stated above. The foregoing limitations, exclusions and disclaimers shall apply to the maximum extent permitted by applicable law, even if any remedy fails its essential purpose.