LICENSE AGREEMENT AND LIMITED WARRANTY IMPORTANT: PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING THIS SOFTWARE. BY USING THIS SOFTWARE AND ACCOMPANYING MATERIAL ("SOFTWARE PRODUCT") YOU ACCEPT THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT ACCEPT THE TERMS OF THIS AGREEMENT DO NOT INSTALL OR USE THE SOFTWARE PRODUCT AND RETURN IT TO YOUR PLACE OF PURCHASE FOR A FULL REFUND. COPYRIGHT/OWNERSHIP. The Software Product is owned by Pixel Planet Corporation and is protected by copyright and other laws. Pixel Planet retains all right, title, and interest, including all intellectual property rights, in the Software Product. You aquire only the right to use the Software Product, and do not acquire any rights, express or implied, in the Software Product other than those rights specified in this Agreement. LICENSE. You may use the Software Product for personal use on one computer at a time. You must run the Software from the CD-ROM (although the Software itself may copy a portion of the Software onto your hard drive during installation in order to run more efficiently). You may not make copies of the Software Product. You may not distribute the Software to others or electronically transfer the Software from one computer to another over a network. You may not use the Software from multiple locations of a multiuser or networked system at any time. You may not reverse-engineer, disassemble, or decompile the Software. You may not rent, lease, license or otherwise transfer the Software Product without written consent of Pixel Planet, except that you may transfer the entire Software Product on a permanent basis, provided the recipient agrees to the terms of this Agreement. TERM. You may terminate this Agreement at any time by destroying the Software Product along with any portions copied onto your hard drive. This license is automatically terminated if you fail to comply with any term or condition of this Agreement. Upon such termination you agree to destroy the Software Product along with any portions copied onto your hard drive. U.S. GOVERNMENT RESTRICTED RIGHTS. This Software Product is provided with restricted rights. Use, duplication, or disclosure by the Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software - Restricted Rights at 48 CFR 52.227-19, as applicable. The manufacturer is Pixel Planet Corporation, PO Box 85778, Seattle WA 98145-1778. LIMITED WARRANTY. Pixel Planet warrants that the Software will perform substantially in accordance with the accompanying documentation for a period of ninety (90) days following the original purchase. Pixel Planet's and its suppliers' entire liability and your exclusive remedy shall be, at Pixel Planet's option, either the repair or replacement of the Software Product, or a refund of the price paid for the Software Product. NO OTHER WARRANTIES. PIXEL PLANET AND ITS SUPPLIERS DISCLAIM ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, WITH REGARD TO THE SOFTWARE PRODUCT. This limited warranty gives you specific legal rights. You may have others which vary from state to state. LIMITATION OF LIABILITY. IN NO EVENT SHALL PIXEL PLANET OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE PRODUCT, EVEN IF PIXEL PLANET HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. PIXEL PLANET'S AND ITS SUPPLIERS' ENTIRE LIABILITY SHALL NOT EXCEED THE LICENSE FEES PAID BY YOU FOR THE SOFTWARE PRODUCT. Because some states do not allow the exclusion or limitation of liability, the above limitation may not apply to you. GENERAL. This license constitutes the entire agreement between you and Pixel Planet regarding your use of the Software Product. This Agreement is governed by the laws of the State of Washington.