iView MediaPro and/or iView Media License Agreement, including iView Catalog Reader

IT IS IMPORTANT THAT YOU CAREFULLY READ THIS NOTICE BEFORE OPENING THIS PACKAGE. BY DOWNLOADING, INSTALLING, COPYING, OR OTHERWISE USING THE SOFTWARE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS LICENSE AGREEMENT (the “AGREEMENT”)WHICH CONSTITUTES A LEGALLY BINDING CONTRACT BETWEEN THE LICENSOR, (HEREAFTER "IVIEWMEDIA, LTD."), AND THE LICENSEE, (HEREAFTER "YOU")

iView Multimedia, Ltd. is a wholly owned subsidiary of Microsoft. This Agreement applies only to the Software identified above; it does not apply other Microsoft products or services.

1 THIS AGREEMENT

1.1 In this Agreement the phrase “Software” means the computer programs above and all associated media, printed materials, "online" or electronic documentation and bundled software. Your copy of the programs may include iView Multimedia Ltd.’s freeware program, iView Catalog Reader. If so, this definition of "the Software" shall be deemed to include iView Catalog Reader.

1.2 The Software is licensed, not sold, to You for use only under the terms of this Agreement, and iView Multimedia Ltd. and its licensors reserve any rights not expressly granted to You. Your rights of ownership are limited to the media on which the Software is recorded or fixed.

1.3 By installing, copying or otherwise using the Software, you agree to be bound by the terms of this Agreement. If You do not agree to the terms of this Agreement You must not use the Software and must immediately delete any and all copies of the Software in Your possession.

2 GRANT OF LICENSE

2.1 iView Multimedia hereby grants to You the following non-exclusive rights in respect of the Software subject to Your fulfillment of the relevant criteria. The rights granted to You are personal and non-transferable.

2.2 Evaluation License. You may use a copy of the evaluation version of the Software, (comprising the evaluation version of the programs and any accompanying documentation), for evaluation purposes only without charge for a period of 21 days. If You continue to use the Software after expiration of the evaluation period You must pay the License fee and obtain a full License. Until You have paid the License fee for the Software, You may only use the Software for evaluation purposes. For details of payment, please refer to the Purchase Information in the package or visit our website at: www.iview-multimedia.com. When payment has been received by iView Multimedia Ltd You will be sent a License number which will unlock any locked or disabled functionality in the evaluation version of the Software.

2.3 Single User License. You may use the Software on a single computer for Your personal, educational or business use PROVIDED THAT You have obtained from iView Multimedia Ltd a Single User License Number. Under this Single User License You may also install the Software on a second computer, for example a home computer or laptop, provided that You are the sole user of both computers and that you do not allow concurrent use of the Software by more than one individual.

2.4 Multi User License Packs or Volume Site Licenses. You may use the Software on a computer network and/or allow concurrent use of the Software by more than one individual for personal or business use PROVIDED THAT You have obtained from iView Multimedia Ltd. a Multi User License Pack or signed the Volume License Agreement which supplements this Agreement for the issue of single Site License Number(s). The maximum permissible number of concurrent users shall be specified by iView Multimedia Ltd. in the License Pack or in the Supplement Volume License Agreement at the time of issue of the License Number(s).

3 YOUR OTHER RIGHTS AND OBLIGATIONS

3.1 iView Catalog Reader is a freeware program and, if it is included in your copy of the programs, it may be copied, distributed royalty free on any CD, Web Site, FTP Site, or other "download area" without permission from iView Multimedia Ltd. and used without any restriction PROVIDED THAT You do not charge or request donations for any such distributed archives of the program. All definitions are as defined in this agreement.

3.2 Save as expressly set out in this Agreement, You may not copy, reproduce, publish, rent out, lease, modify, create derivative works from the Software nor may You remove any proprietary notice, labels, or marks on the Software. Unless permitted by law, You may not modify, adapt, reverse engineer, decompile, disassemble, create derivative works based on, or copy the Software.

3.4 You undertake not to export the Software or any part thereof to any country, person, entity or end user subject to any export restrictions applicable to You.

4 RESERVATION OF RIGHTS

Save as expressly set out in this Agreement You may not copy, reproduce, publish, transmit, rent out, lease, modify, publicly display or publicly perform the Software nor may You remove any proprietary notice, labels, or marks on the Software. Unless permitted by law, You may not modify, adapt, reverse engineer, decompile, disassemble, create derivative works based on, or copy the Software.

5 INTELLECTUAL PROPERTY RIGHTS

The Software is protected by copyright and other intellectual property laws and international treaties. Title to, ownership of, and all rights and interests in and to each and every part of the Software, (including all copyrights, trade marks, patent rights or any other intellectual property rights of whatever nature), and all copies thereof shall remain at all times vested in iView Multimedia Ltd. or its licensors.

6 LIMITATION ON AND EXCLUSION OF DAMAGES

6.1 YOU CAN RECOVER FROM IVIEW MULTIMEDIA LTD. AND ITS SUPPLIERS ONLY DIRECT DAMAGES UP TO THE AMOUNT YOU PAID FOR THE SOFTWARE. YOU CANNOT RECOVER ANY OTHER DAMAGES, INCLUDING CONSEQUENTIAL, LOST PROFITS, SPECIAL, INDIRECT OR INCIDENTAL DAMAGES.

• anything related to the Software, services, content (including code) on third party Internet sites, or third party programs; and
• claims for breach of contract, breach of warranty, guarantee or condition, strict liability, negligence, or other tort to the extent permitted by applicable law.

• repair, replacement or a refund for the Software does not fully compensate You for any losses; or
• iView Multimedia Ltd. knew or should have known about the possibility of the damages.

6.2 Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to You. They also may not apply to You because your country may not allow the exclusion or limitation of incidental, consequential or other damages.

7 LIMITED WARRANTY

7.1 LIMITED WARRANTY. If you follow the instructions, the Software will perform substantially as described in the iView Multimedia Ltd. materials that you receive in or with the Software.

7.2 TERM OF WARRANTY; WARRANTY RECIPIENT; LENGTH OF ANY IMPLIED WARRANTIES. THE LIMITED WARRANTY COVERS THE SOFTWARE FOR ONE YEAR AFTER ACQUIRED BY THE FIRST USER. IF YOU RECEIVE SUPPLEMENTS, UPDATES, OR REPLACEMENT SOFTWARE DURING THAT YEAR, THEY WILL BE COVERED FOR THE REMAINDER OF THE WARRANTY OR 30 DAYS, WHICHEVER IS LONGER. If the first user transfers the software, the remainder of the warranty will apply to the recipient.

TO THE EXTENT PERMITTED BY LAW, ANY IMPLIED WARRANTIES, GUARANTEES OR CONDITIONS LAST ONLY DURING THE TERM OF THE LIMITED WARRANTY. Some states do not allow limitations on how long an implied warranty lasts, so these limitations may not apply to You. They also might not apply to you because some countries may not allow limitations on how long an implied warranty, guarantee or condition lasts.

7.3 EXCLUSIONS FROM WARRANTY. This warranty does not cover problems caused by Your acts (or failures to act), the acts of others, or events beyond iView Multimedia Ltd.’s reasonable control.

7.4 REMEDY FOR BREACH OF WARRANTY. IVIEW MULTIMEDIA LTD. WILL REPAIR OR REPLACE THE SOFTWARE AT NO CHARGE. IF IVIEW MULTIMEDIA LTD. CANNOT REPAIR OR REPLACE IT, IVIEW MULTIMEDIA LTD. WILL REFUND THE AMOUNT SHOWN ON YOUR RECEIPT FOR THE SOFTWARE. IT WILL ALSO REPAIR OR REPLACE SUPPLEMENTS, UPDATES AND REPLACEMENT SOFTWARE AT NO CHARGE. IF IVIEW MULTIMEDIA LTD. CANNOT REPAIR OR REPLACE THEM, IT WILL REFUND THE AMOUNT YOU PAID FOR THEM, IF ANY. YOU MUST UNINSTALL THE SOFTWARE AND RETURN ANY MEDIA AND OTHER ASSOCIATED MATERIALS TO IVIEW MULTIMEDIA LTD. WITH PROOF OF PURCHASE TO OBTAIN A REFUND. THESE ARE YOUR ONLY REMEDIES FOR BREACH OF THE LIMITED WARRANTY.

7.5 CONSUMER RIGHTS NOT AFFECTED. YOU MAY HAVE ADDITIONAL CONSUMER RIGHTS UNDER YOUR LOCAL LAWS, WHICH THIS AGREEMENT CANNOT CHANGE.

7.6 WARRANTY PROCEDURES. You need proof of purchase for warranty service. United States and Canada. For warranty service or information about how to obtain a refund for the Software please write to:

• iView Multimedia Ltd., 30-40 Elcho Street, London, SW11 4AU, U.K.;
• Tel ++44 20 7223 8691;
• Fax: ++44 20 7223 8712; or
• Email: info@iview-multimedia.com

7.7 NO OTHER WARRANTIES. THE LIMITED WARRANTY IS THE ONLY DIRECT WARRANTY FROM IVIEW MULTIMEDIA LTD. IVIEW MULTIMEDIA LTD., GIVES NO OTHER EXPRESS WARRANTIES, GUARANTEES OR CONDITIONS. WHERE ALLOWED BY YOUR LOCAL LAWS, IVIEW MULTIMEDIA LTD. EXCLUDES IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. If Your local laws give you any implied warranties, guarantees or conditions, despite this exclusion, Your remedies are described in the Remedy for Breach of Warranty clause above, to the extent permitted by Your local laws.

7.8 LIMITATION ON AND EXCLUSION OF DAMAGES FOR BREACH OF WARRANTY. THE LIMITATION ON AND EXCLUSION OF DAMAGES CLAUSE ABOVE APPLIES TO BREACHES OF THIS LIMITED WARRANTY.

THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM COUNTRY TO COUNTRY.

8 TERMINATION

8.1 In the event that You fail to comply strictly with the terms and conditions of this Agreement, this Agreement shall terminate forthwith without prejudice to any other remedies which iView Multimedia Ltd. may have.

8.2 In the event that You wish to terminate this Agreement, You may do so at any time by ceasing to use the Software.

8.3 You hereby agree that, in the event of termination of this Agreement for any reason, You will forthwith destroy or irretrievably delete all copies of the Software, including modified copies, in Your possession or control.

9 UPDATE POLICY

iView Multimedia Ltd may from time to time create updated versions of the Software and may, at its option, make such updates available to You.

10 GENERAL TERMS

10.1 Irrespective of the country in which the Software was acquired the construction, validity and performance of this Agreement shall be governed in all respects by English law and You agree to submit to the exclusive jurisdiction of the English courts.

10.2 If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.

13.3 No waiver of any term of this agreement shall be deemed a further or continuing waiver of such term or any other term.

13.4 This Agreement constitutes the entire agreement between You and iView Multimedia with respect to this transaction. Any changes to this agreement must be made in writing, signed by an authorized representative of iView Multimedia.

Should You have any questions concerning this Agreement, or if You desire to contact iView Multimedia for any reason, please write to:
iView Multimedia Ltd, 30-40 Elcho Street, London, SW11 4AU, U.K.;
Tel ++44 20 7223 8691;
Fax: ++44 20 7223 8712
Email: info@iview-multimedia.com.

For ordering information, visit our website at: http://www.iview-multimedia.com/product/order.jsp