\f1\b0 IMPORTANT \'d1 READ CAREFULLY BEFORE USING THE SOFTWARE: This Circus Ponies Software License Agreement (\'d2AGREEMENT\'d3) is a legal agreement between you (either an individual or a single entity) and Circus Ponies Software, Inc. (\'d2CIRCUS PONIES\'d3) covering your use of the Circus Ponies software product identified above. IF YOU ARE ACCESSING THE SOFTWARE ELECTRONICALLY, SIGNIFY YOUR AGREEMENT TO BE BOUND BY THE TERMS OF THIS LICENSE BY CLICKING THE "ACCEPT" BUTTON. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, DO NOT USE THE SOFTWARE AND RETURN THE SOFTWARE TO THE PLACE WHERE YOU OBTAINED IT FOR A REFUND OR, IF THE SOFTWARE WAS ACCESSED ELECTRONICALLY, CLICK "DECLINE" AND DESTROY ALL COPIES IN YOUR POSSESSION.\
\f0\b \
IMPORTANT NOTE: To the extent this software may be used to reproduce materials, it is licensed to you only for reproduction of materials you are authorized or legally permitted to reproduce. \
1. GENERAL
\f1\b0 \
1.1 The software, documentation and any fonts accompanying this AGREEMENT whether on disk, in read only memory, on any other media or in any other form (collectively the "Software") are licensed, not sold, to you by Circus Ponies for use only under the terms of this AGREEMENT, and Circus Ponies reserves all rights not expressly granted to you. The rights granted herein are limited to Circus Ponies\'d5 and its licensors' intellectual property rights in the Software and do not include any other patents or intellectual property rights. You own the media on which the Software is recorded but Circus Ponies and/or Circus Ponies\'d5 licensor(s) retain ownership of the Software itself. The rights granted under the terms of this AGREEMENT include any software upgrades that replace and/or supplement the original Circus Ponies Software product, unless such upgrade contains a separate license. \
1.2 Nothing in this Agreement shall affect the exclusive ownership by Circus Ponies, or by a third party from whom Circus Ponies has acquired license rights, of the Software or any patents, trademarks, copyrights or other property rights pertaining to the Software. No license, right or interest in any trademark, trade name or service mark of Circus Ponies is granted under this Agreement.\
1.3 The Software is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The Software is licensed, not sold.\
\f0\b 2. GRANT OF LICENSE
\f1\b0 \
This AGREEMENT grants you the following rights:\
\f0\b 2.1 Permitted Uses and Restrictions.
\f1\b0 You may install, use, access, display, run, or otherwise interact with (\'d2RUN\'d3) one copy of the Software on a single computer at a time. The primary user of the Computer on which the Software is installed may make a second copy of the Software in machine-readable form for backup purposes only; provided that the backup copy must include all copyright or other proprietary notices contained on the original. The primary user of the computer on which the Software is installed may make a second copy for his or her exclusive use on a portable computer. Except as and only to the extent expressly permitted in this AGREEMENT or by applicable law, you may not copy, decompile, reverse engineer, disassemble, modify, or create derivative works of the Software or any part thereof. THE CIRCUS PONIES SOFTWARE IS NOT INTENDED FOR USE IN THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL SYSTEMS, LIFE SUPPORT MACHINES OR OTHER EQUIPMENT IN WHICH THE FAILURE OF THE CIRCUS PONIES SOFTWARE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE.\
\f0\b \
2.2 Storage/Network Use.
\f1\b0 You may also store or install a copy of the Software on a storage device, such as a network server, used only to run the Software on your other Computers over an internal network; however, you must acquire from Circus Ponies and dedicate a license for each separate Computer on which the Software is run from the storage device. A license for the Software may not be shared or used concurrently on different Computers. Each license provides for the usage of the Software by only one user subject to this limitation.\
\f0\b 2.3 Reservation of Rights.
\f1\b0 All rights not expressly granted are reserved by Circus Ponies.\
\f0\b 3. TRANSFER.
\f1\b0 You may not rent, lease, lend or sublicense the Software. You may, however, make a one-time permanent transfer of all of your license rights to the Software to another party, provided that: (a) the transfer must include all of the Software, including all its component parts, original media, printed materials and this AGREEMENT; (b) you do not retain any copies of the Software, full or partial, including copies stored on a computer or other storage device; and (c) the party receiving the Software reads and agrees to accept the terms and conditions of this AGREEMENT.
\f0\b NFR (Not for Resale) Copies:
\f1\b0 Notwithstanding other sections of this AGREEMENT, Circus Ponies Software labeled or otherwise provided to you on a promotional basis may only be used for demonstration, testing and evaluation purposes and may not be resold or transferred.\
\f0\b 4. TERMINATION.
\f1\b0 This AGREEMENT is effective until terminated. Your rights under this AGREEMENT will terminate automatically without notice from Circus Ponies if you fail to comply with any term(s) of this AGREEMENT. Upon the termination of this AGREEMENT, you shall cease all use of the Software and destroy all copies, full or partial, of the Software.\
\f0\b 5. LIMITED WARRANTY ON MEDIA
\f1\b0 . Circus Ponies warrants the media on which the Software is recorded and delivered by Circus Ponies to be free from defects in materials and workmanship under normal use for a period of ninety (90) days from the date of original retail purchase. Your exclusive remedy under this Section shall be, at Circus Ponies\'d5 option, a refund of the purchase price of the product containing the Software or replacement of the Software which is returned to Circus Ponies or a Circus Ponies authorized representative with a copy of the receipt. THIS LIMITED WARRANTY AND ANY IMPLIED WARRANTIES ON THE MEDIA INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, OF SATISFACTORY QUALITY, AND OF FITNESS FOR A PARTICULAR PURPOSE, ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF ORIGINAL RETAIL PURCHASE. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. THE LIMITED WARRANTY SET FORTH HEREIN IS THE ONLY WARRANTY MADE TO YOU AND IS PROVIDED IN LIEU OF ANY OTHER WARRANTIES (IF ANY) CREATED BY ANY DOCUMENTATION OR PACKAGING. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY BY JURISDICTION.\
\f0\b 6. DISCLAIMER OF WARRANTIES
\f1\b0 . YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE CIRCUS PONIES SOFTWARE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. EXCEPT FOR THE LIMITED WARRANTY ON MEDIA SET FORTH ABOVE AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE CIRCUS PONIES SOFTWARE IS PROVIDED "AS IS", WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND CIRCUS PONIES AND CIRCUS PONIES\'d5 LICENSORS (COLLECTIVELY REFERRED TO AS "CIRCUS PONIES" FOR THE PURPOSES OF SECTIONS 6 AND 7) HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE CIRCUS PONIES SOFTWARE, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. CIRCUS PONIES DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE CIRCUS PONIES SOFTWARE, THAT THE FUNCTIONS CONTAINED IN THE CIRCUS PONIES SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE CIRCUS PONIES SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE CIRCUS PONIES SOFTWARE WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY CIRCUS PONIES OR A CIRCUS PONIES AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE CIRCUS PONIES SOFTWARE PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU. \
\f0\b 7. LIMITATION OF LIABILITY.
\f1\b0 TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL CIRCUS PONIES BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE CIRCUS PONIES SOFTWARE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF CIRCUS PONIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall Circus Ponies\'d5 total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.\
\f0\b 8. EXPORT LAW ASSURANCES.
\f1\b0 You may not use or otherwise export or reexport the Software except as authorized by United States law and the laws of the jurisdiction in which the Software was obtained. In particular, but without limitation, the Software may not be exported or re-exported (a) into (or to a national or resident of) any U.S. embargoed countries (currently Cuba, Iran, Iraq, Libya, North Korea, Sudan and Syria) or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person\'d5s List or Entity List. By using the Software, you represent and warrant that you are not located in, under control of, or a national or resident of any such country or on any such list.\
\f0\b 9. Government End Users.
\f1\b0 The Circus Ponies Software and related documentation are deemed to be "Commercial Items", as that term is defined at 48 C.F.R. \'a42.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation", as such terms are used in 48 C.F.R. \'a412.212 or 48 C.F.R. \'a4227.7202, as applicable. Consistent with 48 C.F.R. \'a412.212 or 48 C.F.R. \'a4227.7202-1through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished rights are reserved under the copyright laws of the United States.\
\f0\b 10. Controlling Law and Severability
\f1\b0 . This AGREEMENT will be governed by and construed in accordance with the laws of the State of California, as applied to agreements entered into and to be performed entirely within California between California residents. This AGREEMENT shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of this AGREEMENT shall continue in full force and effect. \
\f0\b 11. Complete Agreement; Governing Language.
\f1\b0 This AGREEMENT constitutes the entire agreement between the parties with respect to the use of the Software licensed hereunder and supersedes all prior or contemporaneous understandings regarding such subject matter. No amendment to or modification of this AGREEMENT will be binding unless in writing and signed by Circus Ponies. Any translation of this AGREEMENT is done for local requirements and in the event of a dispute between the English and any non-English versions, the English version of this AGREEMENT shall govern.\
Circus Ponies Software, Inc. P.O. Box 31417 San Francisco CA 94131-0417 USA\
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