Mediashout 4

EULA - End User License Agreement

END USER LICENSE AGREEMENT

Important! You must read and accept this agreement before proceeding with installation of the MediaShout Software.

This is an End-User Software License Agreement ("Agreement") between MediaComplete, LLC ("Company") and a single end-user ("Licensee" or "you") governing the use of the Company's proprietary MediaShout software ("Software").

The Software is a licensed software product, and your rights are limited and restricted to those set forth in this Agreement. Downloading or installing the Software constitutes your acceptance of the Software and the terms of this Agreement. If you do not agree to be bound by each of the terms and conditions of this Agreement, you may not download or install the Software.

This Agreement permits you to install the Software on up to three computers to be used solely by you for the creation, management and/or delivery of your presentations and media. Under no circumstances are you permitted to install or use the Software on more than three computers without purchasing a license to do so. This Agreement also permits you to download and/or use one copy of the printed Software instructions ("Software Documentation").

You acknowledge that all rights to the Software and Software Documentation are owned by the Company and that the Software and Software Documentation are protected by U.S. and international copyright law. The Company retains title and ownership of the Software and any authorized copy of the Software, regardless of the form or media in or on which the original and other copies may exist.

You may not distribute or copy the Software except that you may either (a) make one copy of the Software solely for backup purposes, or (b) transfer the Software to a single disk provided you keep the original solely for backup purposes. You may not sell, give, or otherwise transfer the Software to any other person or entity without the prior written consent of the Company. You may not copy the Software Documentation.

You agree not to modify, adopt, translate, reverse engineer, decompile or disassemble or create derivative works based on the Software.

The Software is covered by a limited warranty that it will operate as described by the Software Documentation. This limited warranty is effective for a period of thirty (30) days only from the date of delivery as evidenced by a copy of your receipt. The Company does not and cannot warrant the performance of results you may obtain by using the Software. This Limited Warranty is void if failure of the Software has resulted from accident, abuse, misapplication, or hardware error.

The COMPANY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SOFTWARE AND SOFTWARE DOCUMENTATION. Your sole and exclusive remedy and the Company's entire liability to you under this Agreement shall be to replace your copy of the Software or return any license fees paid to the Company for use of the Software, at the Company's option. IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSSES) ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE AND SOFTWARE DOCUMENTATION, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.

The Software and Software Documentation licensed under this Agreement may be subject to U.S. export control laws and may be subject to export or import regulations in other countries. You agree to comply strictly with these laws and all other laws and regulations applicable to the use or distribution of software. You acknowledge that you have the responsibility to obtain any licenses to export, re-export, or import as may be required after delivery of the Software to you.

By the use of the Software, you acknowledge that you have read this agreement, understand it and that it is the complete and exclusive statement of your Agreement with the Company which supersedes any prior agreement oral or written and any other communications between the Company, its suppliers, or other agents and you relating to the subject matter of this Agreement and that your obligations under this Agreement shall inure to the benefit of the Company. No variation of the terms of this Agreement will be enforceable against the Company unless the Company gives it express consent in writing signed by an authorized officer of the Company.

This Agreement will be governed by the laws of the State of Tennessee, without giving effect of the conflict of laws principles thereof. Venue for all actions arising under this Agreement shall be the courts located in Nashville, Tennessee, USA.