LICENSE AGREEMENT The software which accompanies this license ( the "Software") is the property of TechSmith Corporation (herein "TSC"). While TSC continues to own the Software, you will have certain rights to use the Software after your acceptance of this license. This license applies to all users of this Software and is divided into three sections. 1) GENERAL TERMS AND CONDITIONS apply to all users and uses of this Software. 2) TERMS AND CONDITIONS FOR REGISTERED COPIES OF THE SOFTWARE apply to REGISTERED copies of this Software. 3) TERMS AND CONDITIONS FOR EVALUATION COPIES OF THE SOFTWARE apply only to users of UNREGISTERED copies of this Software. 1) GENERAL TERMS AND CONDITIONS TITLE Title, ownership rights, and intellectual property rights in and to the Software and the associated documentation shall remain with TSC and/or its suppliers. This agreement does not include the right to sublicense the Software and is personal to you and therefore may not be assigned (by operation of law or otherwise) or transferred without the prior written consent of TSC. You acknowledge that the Software in source code form remains a confidential trade secret of TSC and/or its suppliers; therefore, you agree not to attempt to decipher, decompile, disassemble or reverse engineer the Software or allow others to do so, except to the extent applicable laws specifically prohibit such restriction. You further agree not to modify or create derivative works of the Software. DISCLAIMER OF WARRANTY The Software is provided on an "AS IS" basis, without warranty of any kind, including without limitation the warranties of merchantability, fitness for a particular purpose and non-infringement. The entire risk as to the quality and performance of the Software is borne by you. Should the Software prove defective, you and not TSC assume the entire cost of any service and repair. TSC does not warrant that the Software will meet your requirements or that operation of the Software will be uninterrupted or that the Software will be error-free. This disclaimer of warranty constitutes an essential part of the agreement. Some states do not allow exclusions of an implied warranty, so this disclaimer may not apply to you and you may have other legal rights that vary from state to state or by jurisdiction. LIMITATION OF LIABILITY Under no circumstances and under no legal theory, tort, contract, or otherwise, shall TSC or its suppliers or resellers be liable to you or any other person for any indirect, special, incidental, or consequential damages of any character including, without limitation, damages for loss of goodwill, work stoppage, computer failure or malfunction, or any and all other commercial damages or losses. This limitation of liability shall not apply to liability for death or personal injury to the extent applicable law prohibits such limitation. Furthermore, some states do not allow the exclusion or limitation of incidental or consequential damages, so this limitation and exclusion may not apply to you. EXPORT CONTROLS You may not download or otherwise export or reexport the Software or any underlying information or technology except in full compliance with all United States and other applicable laws and regulations. In particular, but without limitation, none of the Software or underlying information or technology may be downloaded or otherwise exported or reexported (i) into or to a national or resident of any other country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the Software, you are agreeing to the foregoing terms, and you are representing and warranting that you are not located in, under the control of, or a national or resident of any such country or on any such list. MISCELLANEOUS This Agreement represents the complete and exclusive statement of the agreements concerning this license between the parties and supersedes all prior agreements and representations between them. It may be amended only by written addendum executed by both parties. If any provision of this agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable, and such decision shall notaffect the enforceability (i) of such provision under othercircumstances or; (ii) of the remaining provisions hereof under all circumstances. Headings shall not be considered in interpreting this agreement. This agreement shall be governed by and construed under Michigan law as such law applies to agreements between Michigan residents entered into and to beperformed entirely within Michigan, except as governed by Federal law. This agreement will not be governed by the United NationsConvention of Contracts for the International Sale of Goods, the application of which is hereby expressly excluded. 2) TERMS AND CONDITIONS FOR REGISTERED COPIES OF THE SOFTWARE REGISTERING By registering this Software, additional rights to this Software are granted and defined in this section. You may use one copy of the Software on a single computer. If you have registered for a multi-pack you may use the Software on multiple computers not to exceed the number of licenses paid for. The connection time limit is removed for registered copies of the Software. DISTRIBUTION The right to distribute or redistribute this Software is expressly denied. You may not copy, sublicense, rent, or lease any portion of the Software to another entity. UPDATES This Software may be updated by TSC on a periodic basis to fix previously reported problems. Registered users of this Software may download the updated Software and use it in place of the previous version. The previously issued product registration key will work with updated Software. UPGRADES From time to time, TSC may offer for sale complete and significant upgrades of this Software. If an upgraded license is purchased as a replacement for a previous version, all copies and use of the prior version must be destroyed, except for copies retained for archival purposes. The previously issued product registration key may no longer work with ugraded Software and a new key may be required. Enhancements and updates, if available, may be obtained through TSC at current pricing, terms, and conditions. The acceptance of any purchase order placed by you is expressly made conditional on your assent to the terms set forth herein, and TSC agrees to furnish the software and documentation only upon these terms and not those contained in your purchase order. 3) TERMS AND CONDITIONS FOR EVALUATION COPIES OF THE SOFTWARE Unregistered copies of this Software may be used only for the purpose of evaluating this Software for suitability to fulfill the customer's need. Subject to the provisions contained herein TSC hereby grants you a non-exclusive right to use this Software free of charge if your use of the Software is for the purpose of evaluating whether to purchase an ongoing license to the Software. You may evaluate the Software for not more than 30 days. At the end of 30 days you must purchase a license in order to continue using the Software. DISTRIBUTION. You may freely distribute the unregistered Software in its entirety. None of the files may be excluded. The Software is protected by the copyright laws of the United States and international copyright treaties.