Software License Agreement

1. License – By accepting delivery of any Jarrel Photography software, you accept and agree to be bound by the following User Agreement.  Subject to the terms of this Agreement, Jarrel Photography grants to you a limited, non-exclusive, non-transferable license, without right to sub-license, to use this software (“the Software”) in accordance with this Agreement.  Jarrel Photography does not transfer title to this Software to you; the license granted to you is not a sale.  This agreement is a binding legal agreement between Jarrel Photography and the purchasers or users of this Software.  If you do not agree to be bound by this agreement, do not open this envelope and promptly return.
2. Distribution – This Software and the license herein granted shall not be copied, shared, distributed, re-sold, offered for re-sale, transferred, or sub-licensed in whole or in part except that you may make one copy for archive purposes only.
3. User Agreement
   1. Use – Your license to use this Software is limited to the number of licenses purchased by you.  You shall not allow others to use, copy or evaluate copies of this Software.
   2. Use Restrictions – You shall use this Software in compliance with all applicable laws and not for any unlawful purpose.  Each licensed copy of this Software may be used on one single computer location.  “Use” of the Software means that you have loaded, installed, or run the Software on a computer or similar device.  The Software may not be installed onto a multi-user platform, server or network.  You may make one copy of this Software for backup purposes.  Other users may not use your copy of this Software.  The assignment, sublicense, networking, sale, or distribution of copies of this Software are strictly forbidden.  It is a violation of this agreement to assign, sell, share, loan, rent, lease, borrow, network or transfer the use of this Software.  If any person other than yourself uses Software registered in your name, regardless of whether it is at the same time or different times, then this agreement is being violated. This agreement does provides no rights or license to listen to any music or audio that may be provided as part of this Software.  By using this Software, you agree that you have already obtained a valid license for the music or audio in the form of a purchase of that music or audio in its original form from another source.
   3. Copyright Restriction – This Software contains copyrighted material, trade secrets and other proprietary material.  You shall not, and shall not attempt to, modify, reverse engineer, disassemble or decompile this Software.  Nor can you create any derivative works or other works that are based upon or derived from the Software in whole or in part.  Jarrel Photography's name, logo and graphics file that represents our Software shall not be used in any way to promote products developed with our Software.  Jarrel Photography retains sole and exclusive ownership of all right, title and interest in and to the Software and all Intellectual Property rights relating thereto.  Copyright law and international copyright treaty provisions protect all parts of Jarrel Photography Software, products and services.  No program, code, part, image, audio sample, or text may be copied or used in any way by the user except as intended within the bounds of the single user program.  All rights not expressly granted hereunder are reserved for Jarrel Photography.
   4. Limitation of Responsibility – You will indemnify, hold harmless, and defend Jarrel Photography, its employees, agents and distributors against any and all claims, proceedings, demand and costs resulting from or in any way connected with your use of Jarrel Photography Software.  In no event (including, without limitation, in the event of negligence) will Jarrel Photography, its employees, agents or distributors be liable for any consequential, incidental, indirect, special or punitive damages whatsoever (including, without limitation, damages for loss of profits, loss of use, business interruption, loss of information or data, or pecuniary loss), in connection with or arising out of or related to this Agreement, this Software or the use or inability to use this Software or the furnishing, performance or use of any other matters hereunder whether based upon contract, tort or any other theory including negligence.  Our entire liability, without exception, is limited to the customers' reimbursement of the purchase price of the Software (maximum being the lesser of the amount paid by you and the suggested retail price as listed by Jarrel Photography) in exchange for the return of the product, all copies, registration papers and manuals, and all materials that constitute a transfer of license from the customer back to Jarrel Photography.
   5. Warranties – Except as expressly stated in writing, Jarrel Photography makes no representation or warranties in respect of this Software and expressly excludes all other warranties, expressed or implied, oral or written, including, without limitation, any implied warranties of merchantable quality or fitness for a particular purpose.