Tech4Learning Incorporated End-User License Agreement Notice to User: This is a contract. By opening and using this product, you accept all the terms and conditions of this agreement. If you do not agree with the terms of this agreement, return this product to Tech4Learning, Inc. or the location where you obtained it. This End-User License Agreement (the "Agreement") accompanies software ("Software"). Tech4Learning grants to you the non-exclusive license to use the Software, provided that you agree to the following: 1. Definition of an End-User. An End-User is either (i) an individual (Individual), (ii) or an Individual Qualified Educational Institution (Individual Qualified Educational Institution). An "Individual" means a person acquiring product for personal use, not for redistribution. An "Individual Qualified Educational Institution" means an organization acquiring products for its own use (the use of its own faculty, staff, or students) but not for redistribution, that is: (i) a public or private entity whose primary mission is directly involved in, or in support of, instruction rather than research, and that is a bona fide, educational institution organized and operated solely for pre-K-12 educational purposes; (ii) a division or department of a public or private institution of higher learning; or (iii) a public or private entity whose primary mission is directly involved in, or in support of instruction, organized solely for in-service teacher education. 2. Use of the Software. As an End-User, your use of the software is subject to the following conditions: - You may install the Software on a hard disk or other storage device up to the number of legally purchased licenses. - The total number of simultaneous users of the Software may not exceed the number of legally purchased licenses. - In terminal services environments, a license for the Software must be purchased for each terminal that will access the Software. - In environments where hardware and/or software is used to allow more than one user to utilize a single computer, a license must be purchased for each user station (any combination of keyboard, mouse, and/or display). If the host computer is used as a user station, a license must be also purchased for the host computer. Example: A host computer with a hardware sharing device allowing the addition of four additional user stations, enabling up to five users to use the computer at one time, must have five software licenses, regardless of how many of the users access the software at any given time. - You may display, modify, reproduce, and distribute any photographs, clip art, or other artistic works, in whole or in part, that are included with the Software, provided such photographs, clip art, or artistic works are not distributed on a stand-alone basis. Such photographs, clip art, and artistic works may not be used in the production of lewd, obscene, or pornographic material. - You may make one backup copy of the Software, provided your backup copy is not installed or used on any computer. - You may make the Software available for Home Use. Faculty and staff of the licensed Individual Qualified Educational Institution may install and use the Software on home or portable computers not owned or purchased by the Individual Qualified Educational Institution. The Software may not be loaded on a computer at another Individual Qualified Educational Institution. The total number of simultaneous users, including Home Use users, may not exceed one and one-half (1.5) times the number of legally purchased licenses. Once an individual is no longer affiliated with the Individual Qualified Educational Institution, Home Use rights no longer apply, and the Software must be removed from that individual’s home or portable computer. - You may not post the license, registration, and/or activation code(s) used to install, register, or access the Software in any location that can be accessed by the general public, such as an unsecured web site. - Your license may include additional rights and terms not specified in this License Agreement. Those rights and terms shall be explained in a separate license agreement form and supersede any conflicting rights and terms contained herein. 3. Copyright. The Software is owned by Tech4Learning and its suppliers, and its structure, organization, and code are the valuable trade secrets of Tech4Learning and its suppliers. The Software is also protected by United States Copyright Law and International Treaty provisions. You must treat the Software just as you would any other copyrighted material, such as a book. You may not copy the Software except as set forth in the "Use of the Software" section. Any copies that you are permitted to make pursuant to this Agreement must contain the same copyright and other proprietary notices that appear on or in the Software. You also agree not to reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code of the Software. Except as stated above, this Agreement does not grant you any intellectual property rights in the Software. 3.1 Pics4Learning. The Pics4Learning image collection (the Collection) is intended to provide copyright friendly images for use by students and teachers in an education setting. The original photographers retain the copyright to these images and have graciously allowed their use in the Collection. Images from the Collection may not be sold as an image collection or partial image collection. Images in the Collection may be used by teachers and students in print, multimedia, and video productions, including, but not limited to, school projects, contests, web pages, and fund raising activities for the express purpose of improving student educational opportunities. Access to the Collection is a free service provided by Tech4Learning to the educational community. Tech4Learning does not in any way warrant or guarantee access to the Collection. 3.2 Shared Media Library. The Tech4Learning Shared Media Library (Library) provides clip art, pictures, sounds, and movies for use with Software. All media in the Library is royalty-free and may be reproduced, distributed, transmitted, used, and modified for any purpose other than to be distributed as a commercial clip-art collection. Some media in the Library is in the public domain and has no restrictions on its use. 4. Transfer. You may not rent, lease, sub-license, or lend the Software. You may, however, transfer all your rights to use the Software to another person or legal entity. Such a transfer must include this Agreement and the Software (including all copies, updates, and prior versions) to such person or entity. You may not retain copies of the Software, including copies stored on a computer, after transferring your rights to another person or legal entity. 5. Multiple Environment Software/Multiple Language Software/Dual Media Software/Multiple Copies/Upgrades. If this package contains, or, in connection with the acquisition of the Software contained in this package, you receive two or more operating environment versions of the Software (e.g.. Macintosh and Windows), and/or you otherwise receive two or more copies of the Software, the total number of computers on which the Software is installed and the total number of simultaneous users of the Software may not exceed the number of legally purchased licenses. You may make one backup copy, in accordance with the terms of this Agreement, for each version of the Software you use. You may not rent, lease, sublicense, lend, or transfer versions or copies of the Software you do not use, or Software contained on any unused media, except as part of the permanent transfer of all Software as described above. If you acquire an upgrade or update for Software, you may use the previous version for ninety (90) days after you receive the new version in order to assist you in the transition to the new version after which time you no longer have a license to use the previous version, and all copies thereof, including copies installed on computers, must be destroyed. 6. Limited Warranty. Tech4Learning warrants to you that the Software will perform substantially in accordance with the documentation for the ninety (90) day period following your receipt of the Software. To make a warranty claim, you must return the Software to the location where you obtained it along with a copy of your sales receipt within such ninety (90) day period. If the Software does not perform substantially in accordance with the documentation, the entire and exclusive liability and remedy shall be limited to either, at Tech4Learning's option, the replacement of the Software or the refund of the license fee you paid for the Software. TECH4LEARNING AND ITS SUPPLIERS DO NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE. THE FOREGOING STATES THE SOLE AND EXCLUSIVE REMEDIES FOR TECH4LEARNING'S OR ITS SUPPLIERS' BREACH OF WARRANTY. EXCEPT FOR THE FOREGOING LIMITED WARRANTY, TECH4LEARNING AND ITS SUPPLIERS MAKE NO WARRANTIES, EXPRESS OR IMPLIED, AS TO NONINFRINGEMENT OF THIRD-PARTY RIGHTS, MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. Some states or jurisdictions do not allow the exclusion of implied warranties or limitations on how long an implied warranty may last, so the above limitations may not apply to you. To the extent permissible, any implied warranties are limited to ninety (90) days. This warranty gives you specific legal rights. You may have other rights, which vary from state to state or jurisdiction to jurisdiction. 7. Limitation of Liability. IN NO EVENT WILL TECH4LEARNING OR ITS SUPPLIERS BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INCIDENTAL, OR SPECIAL DAMAGES, INCLUDING ANY LOST PROFITS OR LOST SAVINGS, EVEN IF A TECH4LEARNING REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR FOR ANY CLAIM BY ANY THIRD PARTY. Some states or jurisdictions do not allow the exclusion or limitation of incidental, consequential, or special damages, so the above limitations may not apply to you. 8. Governing Law and General Provisions. This Agreement will be governed by the laws in force in the State of California excluding the application of its conflicts of law rules. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. If any part of this Agreement is found void and unenforceable, it will not affect the validity of the balance of the Agreement, which shall remain valid and enforceable according to its terms. You agree that the Software will not be shipped, transferred, or exported into any country or used in any manner prohibited by the United States Export Administration Act or any other export laws, restrictions, or regulations. This Agreement shall automatically terminate upon failure by you to comply with its terms. This Agreement may only be modified in writing signed by an authorized officer of Tech4Learning. 9. Notice to U.S. Government End Users. The Software and Documentation are "Commercial Items," as that term is defined at 48 C.F.R. §2.101. consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation," as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R, §227.7202. as applicable. Consistent with 48 C.F.R.§12.212 or 48 C.F.R.§§227.7202-1 through 227.7202 4, as applicable. The Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (A) only as Commercial Items and (B) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. 10. Evaluation Users: No license is granted, nor any warranties extended, to any user of "Evaluation" or "Trial" versions of the Software. Evaluation users must either purchase a license for the Software upon expiration of the evaluation period or remove it from the computer on which it was installed for evaluation purposes. Unpublished rights reserved under the copyright laws of the United States. Tech4Learning, Inc. PO Box 16538, San Diego, CA 92176. Frames, ImageBlender, Imagination Suite, MediaBlender, Pixie, Twist, WebBlender and Tech4Learning are trademarks of Tech4Learning Incorporated. Macintosh is a trademark of Apple Computer. Inc. registered in the U.S. and other countries. Windows is either a registered trademark or a trademark of Microsoft Corporation in the United States and/or other countries. 04/09

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