LICENSE Simply Media Inc., and its licensors (the "Company") provides this Software to you and grants to you a non-exclusive, non-transferable license to: a. use the Software on a single computer of the type identified on the package; b. make one copy of the Software in machine-readable format solely for back-up purposes; and c. use the Software for your personal use or in your business or profession. This disc may contain the proprietary property of the Company, or of others which has been licensed to the Company, such as fonts, sound effects, music, animations, and clip art ("ClipMedia"). There are no additional usage fees for the ClipMedia, provided, however, that you may reproduce the ClipMedia only as a graphic design element of a personal or professional Web site or other multimedia application. Republication, reproduction or any other distribution or sale of the ClipMedia in any other way, whether in print or electronic form, is strictly prohibited. If you are unsure whether or not your intended use complies with this agreement, please write to us via email to simplymediacds@aol.com, or via postal mail to the address below. We'll probably say that it is OK to do what you want, but it's better for you to be safe than sorry. TERM This license is effective until terminated. You may terminate it at any time by destroying the Software and ClipMedia together with all copies in any form. This license will also terminate upon conditions set forth elsewhere in this agreement or if you fail to comply with any term or condition of this agreement. You agree that upon such termination you will destroy the Software and ClipMedia together with all copies in any form. LIMITED WARRANTY The Company warrants the physical CD-ROM on which the Software is furnished to be free from defects in materials and workmanship under normal use for a period of sixty (60) days from the date of purchase as evidenced by a copy of your receipt. DISCLAIMER AND LIMITATIONS OF REMEDIES THE SOFTWARE IS PROVIDED "AS IS" AND COMPANY SPECIFICALLY DISCLAIMS ALL WARPANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT WILL COMPANY BE LIABLE TO YOU FOR ANY DAMAGES, INCLUDING ANY LOSS OF PROFIT OR OTHER INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. COMPANY DOES NOT WARRANT, GUARANTY OR MAKE ANY REPRESENTATIONS REGARDING THE USE, OR THE RESULTS OF THE USE, OF THE SOFTWARE IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, CURRENTNESS, OR OTHERWISE AND DOES NOT WARRANT THAT THE OPERATION OF ANY SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE. COMPANY EXPRESSLY DISCLAIMS ANY WARRANTIES NOT STATED HEREIN. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN COMPANY OR OTHERS SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THE FOREGOING WARRANTY, AND NEITHER SUBLICENSEE NOR PURCHASER MAY RELY ON ANY SUCH INFORMATION OF ADVICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS AND/OR LIMITATIONS MAY NOT APPLY TO YOU. The Company's entire liability and your exclusive remedy shall be: 1. the replacement of such CD-ROM if you return a defective disc during the limited warranty period, or 2. if the Company is unable to deliver a replacement CD-ROM that is free of defects in materials or workmanship, you may terminate this Agreement by returning the Software. GENERAL The Software is owned or licensed by the Company and is protected by United States copyright laws and international treaty provisions. You may not sublicense, assign, or transfer the license or the Software or make or distribute copies of the Software. Any attempt to sublicense, assign, or transfer any of the rights, duties, or obligations hereunder is void. As licensee, you own the media on which the Software is recorded or fixed, but the Company or its licensors retain ownership of the Software. You may not translate, reverse engineer, decompile, disassemble, modify or create derivative works based on, the Software, and except for the single backup copy permitted hereunder, you may not copy the Software. Further, you may not copy the written materials accompanying the Software. Should you have any questions concerning this Agreement or technical support, you may contact the Company by writing to: Simply Media Inc. 75 Main Street, #135 Plymouth, NH 03264-1548 YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. YOU FURTHER AGREE THAT IT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN US THAT SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN US RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.