Julien Chaplier (JC)

END-USER SOFTWARE LICENSE AGREEMENT

The Software delivered is intended for individual personal use only. Redistribution is not allowed.

1. GRANT OF LICENSE:

Copy and Use. Julien Chaplier (JC) grants to Recipient a limited, non-exclusive License to use 1 (one) copy of the accompanying Software on a single computer located on the Recipient's premises. All remaining rights are reserved to JC and its suppliers. JC and its suppliers retain all ownership and title to the Software at all times.

Support and Updates. This License does not grant Recipient any right to technical or Software support of any kind, bug fixes, or any enhancement or update, nor to any extension of time protected Software.

This License applies to any updates or extensions of time protected Software which may be supplied to Recipient by JC.

Redistribution and Content Use. This License prohibits the Recipient from redistributing of any part of the Software Product, including images, models, applets, documents, icons and programs, both for commercial or non-commercial purposes.

This License grants to the Recipient the right to use images and models created through using the Software for either commercial or non-commercial purposes. At no time may the Recipient redistribute images or 3D models that are delivered with the Software. The Recipient may not re-license or re-distribute the images, models or clip art that are delivered with the Software.

2. RESTRICTIONS:

Copyright, Title, ownership rights, and intellectual property rights in and for the Software shall remain with JC and its suppliers. The Software is protected by the copyright laws of the United States and international copyright treaties. Title, ownership rights, and intellectual property rights in and to the content accessed through the Software is the property of the applicable content owner and may be protected by applicable copyright or other law. This License does not provide any rights to Recipient for such content.

Recipient must maintain all copyright notices on all copies of the Software Product.

Recipient shall not attempt to reverse-engineer, decompile or take actions to disassemble the Software.

3. 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 Recipient.

Should the Software prove defective, Recipient, and not JC, assume the entire cost of any service and repair. In addition, the security mechanism implemented by the Software has inherent limitations, and Recipient must determine that the Software sufficiently meets Recipient requirements. 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 Recipient AND Recipient MAY HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE OR BY JURISDICTION.

4. LIMITATION OF LIABILITY:

UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL JC OR ITS SUPPLIERS OR RESELLERS BE LIABLE TO Recipient 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. IN NO EVENT WILL JC BE LIABLE FOR ANY DAMAGES IN EXCESS OF JC 'S LIST PRICE FOR A License TO THE SOFTWARE, EVEN IF JC SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. 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 RECIPIENT.

5. TERMINATION:

This License will terminate automatically if Recipient fails to comply with the limitations described within this Agreement. On termination, Recipient must remove the Software from all computers onto which it is installed, and must destroy or return all copies of the Software.

6. EXPORT CONTROLS:

None of the Software or underlying information or technology may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, Yugoslavia (Serbia and Montenegro), North Korea, Iran, Syria or 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, Recipient agrees to the foregoing and Recipient is representing and warranting that Recipient is not located in, under the control of, or a national or resident of any such country or on any such list.

7. MISCELLANEOUS:

This Agreement represents the complete agreement concerning this License between the parties and supersedes all prior agreements and representations between them. It may be amended only by a writing 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.

The rights and obligations of the party's under this Agreement shall NOT be governed by the U N Convention on Contracts for the International Sales of Goods; rather such rights and obligations shall be governed and construed under the laws of France, without reference to conflict of laws principles.

Contractor/manufacturer is Julien Chaplier, julien_chaplier@yahoo.com.