End-User License Agreement for MagicCamera Software



IMPORTANT-READ CAREFULLY:







This MagicCamera End-User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and ShiningMorning, Inc. for the ShiningMorning SOFTWARE identified above, which includes the User Manual, any associated SOFTWARE components, any media, any printed materials other than the User Manual, and any "online" or electronic documentation ("SOFTWARE"). By installing, copying, 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. If the SOFTWARE was mailed to you, return the media envelope, UNOPENED, along with the rest of the package to the location where you obtained it within 30 days from purchase.







1. The SOFTWARE is licensed, not sold.







2. GRANT OF LICENSE.



(a) Evaluation Copy.



You may use the SOFTWARE without charge on an evaluation basis for thirty (30) days from the day that you install the SOFTWARE. You must pay the license fee and register your copy to continue to use the SOFTWARE after the thirty (30) days. If you continue to use the SOFTWARE after the thirty (30) days without paying the license fee you will be using the SOFTWARE on an unlicensed basis.







(b) Redistribution of Evaluation Copy.



If you are using SOFTWARE on an evaluation basis you may make copies of the evaluation SOFTWARE as you wish; give exact copies of the original evaluation SOFTWARE to anyone; and distribute the evaluation SOFTWARE in its unmodified form via electronic means (Internet, BBS's, Shareware distribution libraries, CD-ROMs, etc.). You may not charge any fee for the copy or use of the evaluation SOFTWARE itself, but you may charge a distribution fee that is reasonably related to any cost you incur distributing the evaluation SOFTWARE (e.g. packaging). You must not represent in any way that you are selling the SOFTWARE itself. Your distribution of the evaluation SOFTWARE will not entitle you to any compensation from ShiningMorning. You must distribute a copy of this EULA with any copy of the SOFTWARE and anyone to whom you distribute the SOFTWARE is subject to this EULA.







(c) Registered Copy.



After you have purchased the license for SOFTWARE, and have received the serial number enabling the registered copy, you are licensed to copy the SOFTWARE only into the memory of the number of computers corresponding to the number of licenses purchased. The primary user of the computer on which each licensed copy of the SOFTWARE is installed may make a second copy for his or her exclusive use on a portable computer. Under no other circumstances may the SOFTWARE be operated at the same time on more than the number of computers for which you have paid a separate license fee. You may not duplicate the SOFTWARE in whole or in part, except that you may make one copy of the SOFTWARE for backup or archival purposes. You may terminate this license at any time by destroying the original and all copies of the SOFTWARE in whatever form. You may permanently transfer all of your rights under this EULA provided you transfer all copies of the SOFTWARE (including copies of all prior versions if the SOFTWARE is an upgrade) and retain none, and the recipient agrees to the terms of this EULA.







3. RESTRICTIONS.



You may not reverse engineer, de-compile, or disassemble the SOFTWARE, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation. You may not rent, lease, or lend the SOFTWARE. You may permanently transfer all of your rights under this EULA, provided the recipient agrees to the terms of this EULA. You may not publish or publicly distribute any serial numbers, access codes, unlock-codes, passwords, or other end-user-specific registration information that would allow a third party to activate the SOFTWARE without a valid license.







4. SUPPORT SERVICES.



ShiningMorning may provide you with support services related to the SOFTWARE. Use of Support Services is governed by the ShiningMorning polices and programs described in the user manual, in online documentation, and/or other ShiningMorning-provided materials, as they may be modified from time to time. 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. ShiningMorning may use any information you provide as part of obtaining support services for its business purposes, including product support and development.







5. TERMINATION.



Without prejudice to any other rights, ShiningMorning 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.







6. COPYRIGHT.



All title and copyrights in and to the SOFTWARE PRODUCT (including but not limited to any images, photographs, animations, video, audio, music, text, and "applets" incorporated into the SOFTWARE PRODUCT), the accompanying printed materials, and any copies of the SOFTWARE PRODUCT are owned by ShiningMorning or its suppliers. All title and intellectual property rights in and to the content that may be accessed through use of the



SOFTWARE PRODUCT is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. This EULA grants you no rights to use such content. If this SOFTWARE PRODUCT contains documentation that is provided only in electronic form, you may print one copy of such electronic documentation. You may not copy the printed materials accompanying the SOFTWARE PRODUCT.







7. INFORMATION COLLECTION.



The Software includes a feature that assigns a unique number to your computer based on system information. The Software reports this number to us. We use this information only to detect piracy of our Software, prompt you at the appropriate times to register the Software.







8. NO WARRANTIES.



TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE AND ANY SUPPORT SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. COMPUTER PROGRAMS ARE INHERENTLY COMPLEX, AND THE SOFTWARE MAY NOT BE FREE OF ERRORS. THE SOFTWARE IS PROVIDED WITH ALL FAULTS AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU.







9. LIMITATION OF LIABILITY.



IN NO EVENT SHALL ShiningMorning OR ITS SUPPLIERS BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR INDIRECT DAMAGES OF ANY KIND ARISING OUT OF THE DELIVERY, PERFORMANCE, OR USE OF THE SOFTWARE, EVEN IF ShiningMorning HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY EVENT, ShiningMorning's LIABILITY FOR ANY CLAIM, WHETHER IN CONTRACT, TORT, OR ANY OTHER THEORY OF LIABILITY WILL NOT EXCEED THE GREATER OF U.S.$1.00 OR LICENSE FEE PAID BY YOU.







10. U.S. GOVERNMENT RESTRICTED RIGHTS.



All SOFTWARE PRODUCT provided to the U.S. Government pursuant to solicitations issued on or after December 1, 1995 is provided with the commercial rights and restrictions described elsewhere herein.







11. MISCELLANEOUS.



If you acquired the SOFTWARE in the United States, this EULA is governed by the laws of the state of Washington. If you acquired the SOFTWARE outside of the United States, then local laws may apply.







If you have any questions concerning this EULA or wish to contact ShiningMorning for any reason, please send electronic mail to support@shiningmorning.com.