Capture Professional Sample End User License Agreement (EULA)

This Creative Softworx, Inc. End-User License Agreement ("EULA") is a legal agreement between you (either an individual or organization) and Creative Softworx, Inc. for Capture Professional V6, which includes this computer software and its associated printed and online documentation ("SOFTWARE PRODUCT"). By installing, downloading, copying, accessing, or otherwise using any portion of the SOFTWARE PRODUCT, you agree to be bound by the terms of this EULA. You further agree that the EULA is the complete and exclusive statement of agreement between Creative Softworx, Inc. and you and that this EULA supersedes any oral or written proposal, agreement or other communication relating to the subject matter of this EULA. You assume full responsibility for the use of the SOFTWARE PRODUCT and agree to use the software legally and responsibly. Georgia laws shall govern this EULA. This EULA is deemed entered into at Alpharetta, Georgia by all parties. If any provision of this EULA is declared unenforceable in any jurisdiction, then such provision shall be deemed to be severable from this EULA and shall not affect the remainder thereof.

SOFTWARE PRODUCT LICENSE

Copyright laws and international copyright treaties, as well as other intellectual property laws and treaties protect the SOFTWARE PRODUCT. The SOFTWARE PRODUCT is licensed, not sold and is wholly owned by Creative Softworx, Inc.

GRANT OF LICENSE

Creative Softworx, Inc reserves all rights not expressly granted below:

USAGE

You may install one copy of the SOFTWARE PRODUCT on a single computer or workstation ("COMPUTER"). The primary user of the COMPUTER on which the SOFTWARE PRODUCT is installed may install a second copy for his or her exclusive use on a portable OR home computer (but not both) provided that the software is not run simultaneously on both computers.

MULTIPLE USERS

If this license is a multiple user license, you may install the SOFTWARE PRODUCT on as many COMPUTERS as you have licenses. You may also make an equivalent of secondary copies for portable computer use as specified in the USAGE section above.

NETWORK INSTALLATION

You may store or install a copy of the SOFTWARE PRODUCT on a storage device, such as a network server, used only to install the SOFTWARE PRODUCT on your other COMPUTERS over an internal network; however, you must acquire and dedicate a license for each separate COMPUTER on which the SOFTWARE PRODUCT is RUN from the storage device. A license for the SOFTWARE PRODUCT may not be shared or used concurrently on different COMPUTERS.

BACKUP COPY.

After installation of one copy of the SOFTWARE PRODUCT pursuant to this EULA, you may keep the original media on which Creative Softworx, Inc. provided the SOFTWARE PRODUCT solely for backup or archival purposes. You may make one copy of the SOFTWARE PRODUCT solely for backup or archival purposes. Except as expressly provided in this EULA, you may not otherwise make copies of the SOFTWARE PRODUCT or the printed materials accompanying the SOFTWARE PRODUCT.

SPECIFIC LIMITATIONS AND EXCLUSIONS

REVERSE ENGINEERING

You may not reverse engineer, debug, decompile, or disassemble the SOFTWARE PRODUCT, except and only to the extent that applicable law expressly permits such activity.

DERIVATIVE WORKS

You may not create derivative works based upon the SOFTWARE PRODUCT.

RENTAL

You may not rent, lease, or lend the SOFTWARE PRODUCT.

TRADEMARKS

This EULA does not grant you any right to use any trademarks or service marks of Creative Softworx, Inc.

EXPORT

You acknowledge that the laws and regulations of the United States restrict the export and re-export of the SOFTWARE PRODUCT to restricted countries and agree not to export or re-export the SOFTWARE PRODUCT to restricted countries without the appropriate approval of the United States government.

LICENSE TRANSFER

The initial licensee of the SOFTWARE PRODUCT may make a one-time permanent transfer of this EULA and SOFTWARE PRODUCT only directly to an end user. This transfer must include all of the SOFTWARE PRODUCT (including all component parts, the media and printed materials, any upgrades, this EULA). Such transfer may not be by way of consignment or any other indirect transfer. The transferee of such one-time transfer must agree to comply with the terms of this EULA, including the obligation not to further transfer this EULA and SOFTWARE PRODUCT. The previous licensee of this SOFTWARE PRODUCT must notify Creative Softworx, Inc. in writing of this transfer.

TERMINATION

Without prejudice to any other rights, Creative Softworx, Inc. 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 PRODUCT and all of its component parts.

CREATIVE SOFTWORX, INC.’S COPYRIGHTS

Creative Softworx, Inc owns all title and copyrights in and to the SOFTWARE PRODUCT, the accompanying documentation and any copies of the SOFTWARE PRODUCT.

COPYRIGHTS OF OTHERS

This software is designed to help you capture, edit, create and document (“USE”) material in which you own the copyright, which you have permission from the applicable copyright holder or which there is no copyright. This EULA grants you no rights to USE materials owned by other copyright holders. USING materials owned by other copyright holders without their permission may be a violation of copyright laws and may subject you to payment of damages and/or other remedies. In you are uncertain about your rights you should contact your legal advisor.

LIMITED WARRANTY

Creative Softworx, Inc. warrants that the SOFTWARE PRODUCT will perform substantially in accordance with the accompanying written materials for a period of 90 days from the date of purchase. Creative Softworx, Inc. will make a commercially reasonable effort within 90 days to solve any problem issues.

LIMITATION OF REMEDIES

Creative Softworx, Inc.’s entire liability and your exclusive remedy shall be, at Creative Softworx, Inc.’s option, either (a) return of the price paid not including shipping and handling within 90 days or (b) repair or replacement of the SOFTWARE PRODUCT within 90 days. This Limited Warranty is void if failure of the SOFTWARE PRODUCT has resulted from accident, abuse, or misapplication. Any replacement SOFTWARE PRODUCT will be warranted for the remainder of the original warranty period.

LIMITATION OF LIABILITY

To the maximum extent permitted by applicable law, in no event shall Creative Softworx, Inc. or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of savings, loss of business information, or any other loss) arising out of the use of or inability to use the SOFTWARE PRODUCT, even if Creative Softworx, Inc. has been advised of the possibility of such damages. In any case, Creative Softworx’s entire liability under any provision of this EULA shall be limited to the amount actually paid by you for the SOFTWARE PRODUCT.

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