DIGITAL CURIOSITY 'ENVISION' END-USER LICENSE AGREEMENT

THIS LICENSE AGREEMENT IS A LEGAL AGREEMENT BETWEEN YOU AND DIGITAL CURIOSITY. THE SOFTWARE IS PROTECTED BY COPYRIGHT LAWS, INTERNATIONAL COPYRIGHT TREATIES, AS WELL AS OTHER INTELLECTUAL PROPERTY LAWS AND TREATIES.

WE RESERVE THE RIGHT, AT OUR DISCRETION, TO CHANGE, MODIFY, ADD, OR REMOVE PORTIONS OF THIS AGREEMENT AT ANY TIME WITHOUT NOTICE OR WITHOUT CONTACTING ANY USER. PLEASE CHECK THESE TERMS ON THE DIGITALCURIOSITY.COM WEBSITE PERIODICALLY FOR CHANGES. YOUR CONTINUED USE OF THE SOFTWARE FOLLOWING THE POSTING OF CHANGES TO THIS AGREEMENT WILL MEAN YOU ACCEPT THOSE CHANGES.

1. THE SOFTWARE MEANS 'ENVISION', WHICH INCLUDES COMPUTER SOFTWARE AND ASSOCIATED MEDIA, AND ONLINE OR ELECTRONIC DOCUMENTATION.

2. THE SOFTWARE IS LICENSED, NOT SOLD.

3. GRANT OF LICENSE
THIS LICENSE GRANTS YOU THE FOLLOWING RIGHTS:

(A) RETAIL VERSION. SUBJECT TO THE PAYMENT OF THE APPLICABLE LICENSE FEES TO DIGITAL CURIOSITY , AND SUBJECT TO THE TERMS AND CONDITIONS OF THIS AGREEMENT YOU ARE LICENSED TO:

-- INSTALL THE SOFTWARE ONLY ON 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.

(B) DEMO VERSION. YOU MAY USE THE DEMO VERSION FOR THE LIMITED PURPOSES OF DEMONSTRATIONS, TRIALS AND DESIGN TIME EVALUATIONS AND RUNNING A PRODUCT TOUR. YOU MAY NOT USE THE TRIAL VERSION TO PRODUCE COMMERCIAL WORKS.

(C) REDISTRIBUTION OF DEMO VERSION. YOU MAY MAKE COPIES OF THE DEMO SOFTWARE AS YOUR WISH; GIVE EXACT COPIES OF THE ORIGINAL DEMO SOFTWARE TO ANYONE; AND DISTRIBUTE THE DEMO 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 DEMO SOFTWARE ITSELF. YOU MUST NOT REPRESENT IN ANY WAY THAT YOU ARE SELLING THE SOFTWARE ITSELF. YOUR DISTRIBUTION OF THE DEMO SOFTWARE WILL NOT ENTITLE YOU TO ANY COMPENSATION FROM DIGITAL CURIOSITY. 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.

4. OTHER THAN AS SET FORTH IN SECTION 3, YOU MAY NOT MAKE OR DISTRIBUTE COPIES OF THE SOFTWARE, OR ELECTRONICALLY TRANSFER THE PRODUCT FROM ONE COMPUTER TO ANOTHER OR OVER A NETWORK. YOU MAY NOT DE-COMPILE, REVERSE ENGINEER, DISASSEMBLE, OR OTHERWISE ATTEMPT TO DISCOVER THE SOURCE CODE, UNDERLYING IDEAS, UNDERLYING USER INTERFACE TECHNIQUES OR ALGORITHMS OF THE SOFTWARE BY ANY MEANS WHATSOEVER, DIRECTLY OR INDIRECTLY. YOU MAY NOT MODIFY THE PRODUCT OR CREATE DERIVATIVE WORKS BASED UPON THE PRODUCT. YOU MAY NOT RENT, LEASE OR SUBLICENSE THE PRODUCT.

5. TITLE TO AND OWNERSHIP OF THIS SOFTWARE PRODUCT AND DOCUMENTATION AND ANY REPRODUCTIONS THEREOF SHALL REMAIN WITH DIGITAL CURIOSITY. THIS AGREEMENT DOES NOT GRANT YOU ANY RIGHT IN OR TO INTELLECTUAL PROPERTY WITH RESPECT TO THE PRODUCT.

6. NO WARRANTIES. DIGITAL CURIOSITY EXPRESSLY DISCLAIMS ANY WARRANTY FOR THE SOFTWARE. THE SOFTWARE AND ANY AND ALL ACCOMPANYING SOFTWARE, FILES, DATA AND MATERIALS, ARE DISTRIBUTED AND PROVIDED "AS IS" AND WITH NO WARRANTIES OF ANY KIND,, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. DIGITAL CURIOSITY DOES NOT WARRANT THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE.THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE SOFTWARE REMAINS WITH YOU.

7. LIMITATION OF LIABILITY. IN NO EVENT SHALL DIGITAL CURIOSITY OR ITS EMPLOYEES 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 SUCH DAMAGES. IN ANY EVENT, DIGITAL CURIOSITY'S LIABILITY FOR ANY CLAIM, WHETHER IN CONTRACT, TORT, OR ANY OTHER THEORY OF LIABILITY WILL NOT EXCEED THE GREATER OF GBP. £1.00 OR LICENSE FEE PAID BY YOU.

8. THIS LICENSE AGREEMENT SHALL BE GOVERNED BY JERSEY C.I LAW AND REGULATIONS. AND YOU EXPRESSLY AGREE THAT EXCLUSIVE JURISDICTION FOR ANY CLAIM OR DISPUTE WITH DIGITAL CURIOSITY OR RELATING IN ANY WAY TO YOUR USE OF THE SOFTWARE RESIDES IN THE COURTS OF JERSEY C.I. ALL QUESTIONS CONCERNING THIS AGREEMENT SHALL BE DIRECTED TO DIGITAL CURIOSITY. - CONTACT www.digitalcuriosity.com OR support@digitalcuriosity.com .