TROY STUDIOS END-USER LICENSE AGREEMENT THIS IS A LEGAL AGREEMENT BETWEEN YOU (AN INDIVIDUAL OR AN ENTITY), THE END USER, AND TROY STUDIOS. WITH RESPECT TO SOFTWARE WHICH IS DELIVERED ON TANGIBLE MEDIA, IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, PROMPTLY RETURN THIS SOFTWARE AND ACCOMPANYING ITEMS (INCLUDING WRITTEN MATERIALS AND BINDERS OR OTHER CONTAINERS) TO THE PLACE YOU OBTAINED THEM FOR A FULL REFUND. WITH RESPECT TO SOFTWARE WHICH MAY BE DOWNLOADED, IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, CLICK THE "CANCEL" BUTTON AND DO NOT INSTALL THE SOFTWARE. TROY STUDIOS REQUESTS THAT YOU PRINT THIS AGREEMENT AND RETAIN A COPY FOR YOUR RECORDS. BY INSTALLING, COPYING, DOWNLOADING, OR OTHERWISE USING THE SOFTWARE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS TROY STUDIOS END-USER LICENSE AGREEMENT (HEREINAFTER REFERRED TO AS "THE LICENSE"). 1. DEFINITIONS 1.1. "Troy Studios" means Troy Studios, a California company with its principal offices located at 5543 St Francis Circle West, Loomis, CA 95650. 1.2. "Software" means all software provided to You by Troy Studios and all associated files, including, without limitation, any Documentation, in any and all versions which Troy Studios in its sole option elects to provide to You, unless such subsequent version(s) are governed by a different license agreement. 1.3. "Documentation" means the written or on-line instructions, help information, and other reference materials related to the Software, provided to You by Troy Studios. 1.4. "Registered" Software means a copy of the Software for which You have paid all applicable fees and received a registration number from Troy Studios or from an authorized reseller of the Software. 1.5. "Unregistered" Software means a copy of the Software for which You have not paid all of the applicable fees. 1.6. "Beta Software" means a copy of the Software which will expire after a period of time but is available for test or evaluation purposes. 1.7. "Free Software" means either a copy of the Software which, at the time of registration, is legally available for free from Troy Studios, or, Unregistered Software. 1.8. "Purchased Software" means a copy of the Registered Software which, at the time of registration, required money to be paid to Troy Studios. 2. GRANT OF LICENSE. 2.1 License Grant. This License is granted to you in consideration for full payment of all fees associated with the Software, in accordance with the terms defined by Troy Studios, the Software dealer, or on the site allowing for the downloading of the Software. The License permits you to: (a) use one copy of the Software on any single computer; (b) use a second copy of the Software on a second single computer; and (c) use Unregistered Software for evaluation purposes only. 2.2. Limitations On Licenses. Except as expressly authorized in Section 2.1, You and/or any person(s) acting with or for You may not: (a) directly or indirectly sell, lease, rent, license, sublicense, redistribute, lend, give, transfer or otherwise distribute the Software; (b) modify, translate, or create derivative works from the Software, assign or otherwise transfer rights to the Software or use the Software for timesharing or service bureau purposes; (c) reverse engineer, decompile, disassemble or otherwise attempt to discover the source code or underlying ideas or algorithms of the Software or any subsequent version thereof or any part thereof; (d) use Unregistered Software to develop commercial products; (e) install and run the Software from a network server, or use the Software on different computers, unless you acquire a license for each separate computer on which the Software runs. 2.3. Source Code. Nothing in this Agreement grants You and/or any person(s) acting with or for You any rights, license or interest with respect to the source code of the Software. 2.4. Software Updates. Nothing in this Agreement grants You and/or any person(s) acting with or for You the right to receive any upgrades, modifications or other enhancements to the Software at any time. 3. OWNERSHIP. 3.1. Ownership. Title, ownership rights, and intellectual property rights in and to the Software will remain in Troy Studios and is protected by United States copyright laws and international treaty provisions. There is no transfer to you of any title to or ownership of the Software and this License should not be construed as a sale of any right in the Software. 3.2. Modifications. Troy Studios reserves the right to modify or discontinue the Software at any time without prior notice to or consent by You. 4. PRICE AND PAYMENT You agree to pay all Software fees as set forth on the Troy Studios Site as of the date You register the then-available version of the Registered Software. Troy Studios reserves the right to change its prices at any time or from time to time as solely determined by Troy Studios. 5. RESTRICTED USE DURING EVALUATION PERIOD You may use an Unregistered copy of the Software for an indefinite period of time (the "Evaluation Period"). During the Evaluation Period the Unregistered Software is restricted in it's capabilities. Once You are satisfied that the Software fulfills Your requirements, You may register the Software and remove this restriction by obtaining a registration number from Troy Studios or from an authorized reseller of the Software. 6. BETA SOFTWARE Beta Software is available for test or evaluation purposes. This Beta Software may not be as reliable as normal commercial software. Beta Software will stop working after a programmed period of time. The expiration date for the Beta Software is displayed in the "About Dialog" or startup screen. 7. NO/LIMITED WARRANTY. 7.1 NO WARRANTY FOR FREE SOFTWARE. FOR FREE SOFTWARE, THERE IS NO WARRANTY FOR THE SOFTWARE, TO THE EXTENT PERMITTED BY APPLICABLE LAW. EXCEPT WHEN OTHERWISE STATED IN WRITING THE TROY STUDIOS PROVIDE THE PROGRAM "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE PROGRAM IS WITH YOU. SHOULD THE PROGRAM PROVE DEFECTIVE, YOU ASSUME THE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. 7.2 LIMITED WARRANTY FOR PURCHASED SOFTWARE. TROY STUDIOS WARRANTS THAT THE SOFTWARE WILL PERFORM SUBSTANTIALLY ACCORDING TO THE WRITTEN MATERIALS DELIVERED WITH THE SOFTWARE, WHICH MAY BE PRINTED OR DOWNLOADED, FOR NINETY (90) DAYS FROM THE DATE OF ORIGINAL PURCHASE. TROY STUDIOS DISCLAIMS ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED (INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OR MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE) CONCERNING THIS SOFTWARE AND ITS ACCOMPANYING WRITTEN MATERIALS. Some jurisdictions do not allow limitations on duration of an implied warranty, so the above limitation may not apply to you. This limited warranty gives you specific legal rights. You may have others which vary by jurisdiction. 8. REMEDIES. Troy Studios's entire liability and your exclusive remedy will be replacement of the Software by Troy Studios that does not meet Troy Studios's Limited Warranty. For this purpose, you shall, with respect to Software delivered on tangible media, return the Software and the written materials to Troy Studios or the place from which it was purchased with a copy of your receipt; with respect to Software which may be downloaded, contact Troy Studios or your dealer directly. This Limited Warranty is void if failure of the Software has resulted from accident, abuse, or misapplication. Any replacement Software will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer. 9. LIMITATION OF LIABILITY. In no event will Troy Studios or its suppliers be liable for any damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or other pecuniary loss) arising out of the use of or inability to use the Software, even if Troy Studios has been advised of the possibility of such damages. More specifically, Troy Studios will not be liable for the technical procedure for the downloading of the Software. Because some states do not allow the exclusion or limitations of consequential or incidental damages, the above limitations may not apply to you. 10. SUPPORT. You may enter into a separate support agreement with Troy Studios by paying the applicable fees. 11. EXPORT RESTRICTIONS. You may not export or reexport the Software or any underlying information or technology except in full compliance with all United States and other applicable laws and regulations. 12. U.S. GOVERNMENT RESTRICTED RIGHTS The Software and documentation may be provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the government may be subject to restrictions as set forth in subparagraph (c) (1) (ii) of the Rights in Technical Data and Computer Software clause as DFARS 252.227-7013 or subparagraphs (c) (1), and (2) of the Commercial Computer Software-Restricted Rights at 48 CFR 52.227-19, as applicable, and any amendments thereto. Contractor/manufacturer is Troy Studios, 5543 St Francis Circle West, Loomis CA, 95650 USA. 13. MISCELLANEOUS PROVISIONS. This License is governed by the laws of the State of California, USA (and not by the 1980 United Nations Convention on Contracts for the International Sale of Goods, as amended). This is the entire agreement between us relating to the Software and supersedes any purchase order, communication, advertising, or representation concerning the Software. No change or modification of this License will be valid unless it is in writing and is signed by an authorized representative of Troy Studios. If this Software was acquired outside the United States, then local law may apply. If you acquired this Software in Canada, you agree to the following: The parties to this License have expressly required that the License be drawn up in the English language./ Les parties aux présentes ont expressement exigé que la présente convention soit rédigée en langue anglaise. For more information about Troy Studios's licensing policies, please contact Customer Service at: 5543 St Francis Circle West, Loomis CA, 95650 USA, or our website at www.troystudios.com. Copyright © 2002 by Troy Studios.