te-GalleryMaker Workstation License Agreement IMPORTANT: Read this before using your copy of te-GalleryMaker software. This document is a legal agreement between you (an individual or business) and TE-Software Ltd, Coromandel, New Zealand. (TE-Software). Use of the Software indicates your acceptance of these terms. As used in this License Agreement, the term "Software" means the software included on the CD or disk media provided with this License Agreement, installed by TE-Software or downloaded from TE-Software’s Website. The term "Software" does not include any software that is covered by a separate license offered or granted by a person other than TE-Software. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, EITHER DESTROY OR RETURN, INTACT, THE SOFTWARE PACKAGE, CONTAINING THE CD OR DISK MEDIA, TOGETHER WITH THE OTHER COMPONENTS OF THE PRODUCT TO THE PLACE OF PURCHASE FOR A REFUND OF THE PURCHASE PRICE. 1. PROPRIETARY RIGHTS. The Software and any accompanying documentation are the proprietary products of TE-Software or its licensors and are protected under national laws and international treaty provisions. Ownership of the Software and all copies, modifications, translations, and merged portions thereof shall at all times remain with TE-Software or its licensors. 2. GRANT OF LICENSE. The Software and accompanying documentation are being licensed to you, which means you have the right to use the Software only in accordance with this License Agreement. The Software is considered in use on a computer when it is loaded into temporary memory or installed into permanent memory. This License may not be assigned or otherwise transferred without prior written consent from TE-Software, and any unauthorised transfer is null and void. WORKSTATION LICENSE. You are authorised to use the Software only on the number of computers for which you have paid a license fee TE-Software under this license. Your rights under this License may be exercised by multiple individuals designated by you. If you need to use the Software on more than the number of computers for which you have paid, then you must purchase additional licenses. SOFTWARE COPIES. One copy of the Software may be created for each individual designated by you to exercise your rights under this License Agreement. In addition to copies assigned to designated individuals, one backup copy of the Software may be created for archival or backup purposes. You are licensed to make only ONE backup copy, regardless of the number of licenses you have purchased. If a designated individual discontinues use of the Software, all copies of the Software must either be destroyed or transferred to another individual designated by you. All copies of the Software must include all TE-Software copyright, trademark and patent notices. UPDATES, UPGRADES AND SUPPORT. You are entitled to receive complimentary technical support as outlined in TE-Software policies. You are entitled to receive Software updates in accordance with TE-Software policies as announced from time to time on terms comparable to those offered to other users of the Software under the workstation license. TERM. This license is effective from your date of purchase and shall remain in force until terminated. You may terminate the license and this License Agreement at any time by destroying the Software and the accompanying documentation, together with all copies in any form. 3. NONPERMITTED USES. Without the express prior written permission of TE-Software, you may not (a) use, copy, modify, alter or transfer, electronically or otherwise, the Software or documentation except as expressly permitted in this License Agreement, or (b) translate, reverse program, disassemble, decompile, or otherwise reverse engineer the Software. 4. LIMITED WARRANTY. (a) TE-Software warrants to you, the original end user, (i) that the Software, other than third-party software, will perform substantially in accordance with the accompanying documentation and (ii) that the Software is properly recorded on the disk media. This Limited Warranty extends for ninety (90) days from the date of purchase. TE-Software does not warrant any third-party software that is provided with the Software, but TE-Software agrees to pass on to you any warranties of the owner or licensor to the extent permitted by the owner or licensor. (b) This Limited Warranty does not apply to any Software that has been altered, damaged, abused, mis-applied, or used other than in accordance with this license and any instructions included on the Software and the accompanying documentation. (c) TE-Software's entire liability and your exclusive remedy under this Limited Warranty shall be the repair or replacement of any Software that fails to conform to this Limited Warranty or, at TE-Software's option, return of the price paid for the Software. TE-Software shall have no liability under this Limited Warranty unless the Software is returned to TE-Software or its authorised representative, with a copy of your receipt, within the warranty period. Any replacement Software will be warranted for the remainder of the original warranty period or 30 days, whichever is longer. (d) THIS WARRANTY IS IN LIEU OF AND EXCLUDES ALL OTHER WARRANTIES NOT EXPRESSLY SET FORTH HEREIN, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR WARRANTIES ARISING FROM USAGE OF TRADE OR COURSE OF DEALING. (e) THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, YOU MAY HAVE OTHERS WHICH VARY FROM COUNTRY TO COUNTRY. (f) Your failure to return the enclosed registration card or complete the electronic registration included with the Software may result in TE-Software's inability to provide you with updates to the Software, and you assume the entire risk of performance and result in such an event. 5. LIMITATION OF LIABILITY. IN NO EVENT SHALL TE-SOFTWARE'S LIABILITY RELATED TO ANY OF THE SOFTWARE EXCEED THE LICENSE FEES ACTUALLY PAID BY YOU FOR THE SOFTWARE. EXCEPT FOR A RETURN OF THE PURCHASE PRICE UNDER THE CIRCUMSTANCES PROVIDED UNDER THE LIMITED WARRANTY, NEITHER TE-SOFTWARE NOR ITS SUPPLIERS SHALL IN ANY EVENT BE LIABLE FOR ANY DAMAGES WHATSOEVER ARISING OUT OF OR RELATED TO THE USE OF OR INABILITY TO USE THE SOFTWARE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, AND DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS, EVEN IF TE-SOFTWARE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER SUCH LIABILITY IS BASED ON CONTRACT, TORT, WARRANTY, OR ANY OTHER LEGAL OR EQUITABLE GROUNDS. BECAUSE SOME COUNRTIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. 6. NO WAIVER. Any failure by either party to this agreement to enforce a specific part of the agreement in a specific situation is not a waiver of rights under the agreement. The party may still enforce the rest of the agreement in that situation and may still enforce some or all of the agreement in other situations. 7. This License Agreement constitutes the entire agreement between you and TE-Software pertaining to its subject matter. This License Agreement is governed by the laws New Zealand. Any litigation arising from this license will be pursued only in the courts located in New Zealand. Even if part of the agreement is held invalid, the rest of the agreement is still valid, binding and enforceable. Should you have any questions concerning this Agreement, or if you desire to contact TE-Software Ltd for any reason, please write: TE-Software Ltd., 365 Lillis Lane, Coromandel, New Zealand. Copyright 2000, TE-Software Ltd. All rights reserved. The Software may be protected by patents, with other patents pending in the U.S.A. and elsewhere. TE-Software is a registered trademark of TE-Software Ltd.