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EULA - End User License Agreement

TRIAL SOFTWARE PRODUCT LICENSE

This is a legal agreement between you, the "end user," and Flashbulb Studios ("Flashbulb Studios"). Use of the enclosed software indicates your acceptance of these terms. As used in this License Agreement, the term "SOFTWARE" means the Flashbulb Studios software included with this License Agreement.

IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT USE THE SOFTWARE.

1. GRANT OF LICENSE. This AGREEMENT grants you the following rights: Installation and Use. You may install and use one copy of the TRIAL SOFTWARE PRODUCT for 14 days or less. Reproduction and Distribution. You may NOT reproduce and distribute the TRIAL SOFTWARE PRODUCT. Copies of the TRIAL SOFTWARE PRODUCT are available from Flashbulb Studios, only. The SOFTWARE is considered in use on a computer when it is loaded into temporary memory or installed into permanent memory. If the SOFTWARE is installed on a network server or multi-user system, the SOFTWARE may be accessed only by one user at a time at a single working location.

2. COPYRIGHT. All title and copyrights in and to the TRIAL SOFTWARE PRODUCT (including but not limited to any images, photographs, animations, video, audio, music, text, and "applets" incorporated into the TRIAL SOFTWARE PRODUCT), the accompanying printed materials, and any copies of the TRIAL SOFTWARE PRODUCT are owned by Flashbulb Studios. The TRIAL SOFTWARE PRODUCT is protected by copyright laws and international treaty provisions. Therefore, you must treat the TRIAL SOFTWARE PRODUCT like any other copyrighted material except that you may install the TRIAL SOFTWARE PRODUCT on a single computer provided you keep the original solely for backup or archival purposes. 4. U.S. GOVERNMENT RESTRICTED RIGHTS. The TRIAL SOFTWARE PRODUCT and documentation are 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.

3. PROPRIETARY RIGHTS. The SOFTWARE and any accompanying documentation are proprietary products of Flashbulb Studios or its licensors and are protected under U.S. copyright laws and international treaty provisions. Ownership of the SOFTWARE, and all copies, modifications, and merged portions thereof shall at all times remain with Flashbulb Studios or its licensors.

4. NON PERMITTED USES. You may not (a) use, copy, modify, alter or transfer, electronically or otherwise, the SOFTWARE or documentation except as expressly permitted in this License Agreement, or (b) translate, reverse program, disassemble, decompile or otherwise reverse engineer the SOFTWARE. You may not rent or lease the SOFTWARE, but you may transfer the SOFTWARE and accompanying documentation on a permanent basis, provided that you retain no copies and the recipient agrees to the terms of this License Agreement. If the SOFTWARE is an update or has been updated, any transfer must include the most recent update and all prior versions.

5. TERM. This license is effective from your date of purchase and you may terminate this License Agreement at any time by destroying the SOFTWARE and the accompanying documentation, together with all copies in any form.

6. EXPORT CONTROLS. Certain uses of the SOFTWARE by you may be subject to restrictions under U.S. regulations relating to exports and ultimate end uses of computer software. You agree to fully comply with all applicable U.S. laws and regulations, including but not limited to the Export Administration Act of 1979 as amended from time to time and any regulations promulgated thereunder.

7. U.S. GOVERNMENT RESTRICTED RIGHTS. If you are acquiring the SOFTWARE on behalf of any unit or agency of the United States Government, the following provision applies: It is acknowledged that the SOFTWARE and the documentation were developed at private expense and that no part is in the public domain and that the SOFTWARE and documentation are 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.

8. NO WARRANTY. THERE IS NO WARRANTY FOR THE SOFTWARE, TO THE EXTENT PERMITTED BY APPLICABLE LAW. EXCEPT WHEN OTHERWISE STATED IN WRITING THE COPYRIGHT HOLDERS AND/OR OTHER PARTIES PROVIDE THE PROGRAM "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE PROGRAM IS WITH YOU. SHOULD THE PROGRAM PROVE DEFECTIVE, YOU ASSUME THE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.

IN NO EVENT UNLESS REQUIRED BY APPLICABLE LAW OR AGREED TO IN WRITING WILL ANY COPYRIGHT HOLDER, BE LIABLE TO YOU OR OTHERS FOR DAMAGES, OF ANY KIND OR AMOUNT, INCLUDING, WITHOUT LIMITATION, ANY GENERAL, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE INSTALLATION, USE OR INABILITY TO USE THE PROGRAM (THE AFORESAID FREEDOM OF LIABILITY SHALL APPLY TO ANY ADVERSE CONSEQUENCE, INCLUDING BUT NOT LIMITED TO, LOSS OF DATA, DATA BEING RENDERED INACCURATE, LOSSES SUSTAINED BY YOU, THIRD PARTIES OR A FAILURE OF THE PROGRAM TO OPERATE WITH ANY OTHER PROGRAMS), WHETHER OR NOT SUCH HOLDER OR OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.

9. LIMITATION OF LIABILITY. IN NO EVENT SHALL FLASHBULB STUDIOS'S LIABILITY RELATED TO ANY OF THE SOFTWARE EXCEED THE LICENSE FEES ACTUALLY PAID BY YOU FOR THE SOFTWARE. EXCEPT FOR A RETURN OF THE PURCHASE PRICE UNDER THE CIRCUMSTANCES PROVIDED UNDER THE LIMITED WARRANTY, NEITHER FLASHBULB STUDIOS NOR ITS SUPPLIERS SHALL IN ANY EVENT BE LIABLE FOR ANY DAMAGES WHATSOEVER ARISING OUT OF OR RELATED TO THE USE OF OR INABILITY TO USE THE SOFTWARE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, EVEN IF FLASHBULB STUDIOS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

10. This License Agreement constitutes the entire agreement between you and Flashbulb Studios pertaining to its subject matter. This License Agreement is governed by the laws of the State of California. Any litigation arising from this license will be pursued only in the state or federal courts located in the State of Ohio.

11. Contractor/manufacturer is Flashbulb Studios, 100 Bayberry Drive, Springboro OH 45066 (USA).