License Agreement

END-USER LICENSE AGREEMENT FOR MEDIAMAN SOFTWARE IMPORTANT—READ CAREFULLY: This End-User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and He Shiming (“The Author”) for the MediaMan software that accompanies this EULA, which includes associated media and MediaMan Internet-based services ("Software").  An amendment or addendum to this EULA may accompany the Software.  YOU AGREE TO BE BOUND BY THE TERMS OF THIS EULA BY INSTALLING, COPYING, OR USING THE SOFTWARE.  IF YOU DO NOT AGREE, DO NOT INSTALL, COPY, OR USE THE SOFTWARE; YOU MAY RETURN IT TO YOUR PLACE OF PURCHASE FOR A FULL REFUND, IF APPLICABLE.

1. GRANT OF LICENSE.

The Author grants you the following rights provided that you comply with all terms and conditions of this EULA:

1.1 Installation and use. You may:

(a) install and use a copy of the Software on one personal computer or other device; and

(b) install an additional copy of the Software on a second, portable device for the exclusive use of the primary user of the first copy of the Software.

1.2 License Grant for Media Elements. The Software may include certain photographs, clip art, shapes, animations, sounds, music and video clips that are identified in the Software for your use (together "Media Elements").  You may copy and modify the Media Elements, and license, display and distribute them, along with your modifications as part of your software products and services, including your web sites, but you are not licensed to do any of the following:

• You may not sell, license or distribute copies of the Media Elements by themselves or as part of any collection, product or service if the primary value of the product or service is in the Media Elements.

• You may not grant customers of your product or service any rights to license or distribute the Media Elements.

• You may not license or distribute any of the Media Elements that include representations of identifiable individuals, governments, logos, initials, emblems, trademarks, or entities for any commercial purposes or to express or imply any endorsement or association with any product, service, entity, or activity.

• You may not create obscene or scandalous works using the Media Elements.

1.3 License Grant for Documentation. The documentation that accompanies the Software is licensed for internal, non-commercial reference purposes only.

2. RESERVATION OF RIGHTS AND OWNERSHIP.

The Author reserves all rights not expressly granted to you in this EULA. The Software is protected by copyright and other intellectual property laws and treaties. The Author own the title, copyright, and other intellectual property rights in the Software. The Software is licensed, not sold. This EULA does not grant you any rights to trademarks or service marks of Microsoft.

3. LIMITATIONS ON REVERSE ENGINEERING, DECOMPILATION, AND DISASSEMBLY.

You may not reverse engineer, decompile, or disassemble the Software, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.

4. NO RENTAL/COMMERCIAL HOSTING.

You may not rent, lease, lend or provide commercial hosting services with the Software.

5. LINKS TO THIRD PARTY SITES.

The Author is not responsible for the contents of any third-party sites or services, any links contained in third-party sites or services, or any changes or updates to third-party sites or services. These links and access to third-party sites and services are provided to you only as a convenience.

8. ADDITIONAL SOFTWARE/SERVICES.

This EULA applies to updates, supplements, add-on components, or Internet-based services components, of the Software that The Author may provide to you or make available to you after the date you obtain your initial copy of the Software, unless they are accompanied by separate terms. The Author reserves the right to discontinue Internet-based services provided to you or made available to you through the use of the Software.

9. NOT FOR RESALE SOFTWARE.

Software identified as "Not for Resale" or "NFR," may not be sold or otherwise transferred for value, or used for any purpose other than demonstration, test or evaluation.

10. SEPARATION OF COMPONENTS.

The Software is licensed as a single product. Its component parts may not be separated for use on more than one device.

11. SOFTWARE TRANSFER.

Internal. You may transfer your copy of the Software to a different device. After the transfer, you must completely remove the Software from the former device. Transfer to Third Party. If you are the person who initially licensed the Software, you may make a one-time permanent transfer of this EULA, Software and Certificate of Authenticity (if applicable) to another end user, provided that you do not retain any copies of the Software. This transfer must include all of the Software (including all component parts, the media and printed materials, any upgrades, this EULA, and, if applicable, the Certificate of Authenticity). The transfer may not be an indirect transfer, such as a consignment. Prior to the transfer, the end user receiving the Software must agree to all the EULA terms.

13. TERMINATION.

Without prejudice to any other rights, The Author 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 and all of its component parts.

14. NO WARRANTY

MEDIAMAN IS SOLD "AS IS" AND WITHOUT ANY WARRANTY AS TO MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR ANY OTHER WARRANTIES EITHER EXPRESSED OR IMPLIED. THE AUTHOR WILL NOT BE LIABLE FOR DATA LOSS, DAMAGES, LOSS OF PROFITS OR ANY OTHER KIND OF LOSS WHILE USING OR MISUSING THIS SOFTWARE.

16. ENTIRE AGREEMENT; SEVERABILITY.

This EULA (including any addendum or amendment to this EULA which is included with the Software) is the entire agreement between you and The Author relating to the Software and the support services (if any) and they supersede all prior or contemporaneous oral or written communications, proposals and representations with respect to the Software or any other subject matter covered by this EULA. If any provision of this EULA is held to be void, invalid, unenforceable or illegal, the other provisions shall continue in full force and effect.

Should you have any questions concerning this EULA, or if you desire to contact The Author for any reason, please visit MediaMan on the World Wide Web at http://www.imediaman.com/