End User License Agreement

CD Shopping Cart 1.2 Eval End User License Agreement

CD Shopping CartÖ 1.2 for Win 98/2000/ME/XP

CD SHOPPING CARTÖ 1.2

END USER LICENSE AGREEMENT

E-BOOK SYSTEMS, INC.

CD SHOPPING CARTÖ 1.2 IS NEITHER SHAREWARE NOR FREEWARE.

REDISTRIBUTION IS EXPRESSLY PROHIBITED.

IMPORTANT -- READ CAREFULLY: This End-User License Agreement ("EULA") is a legal agreement between you (either an individual person or a single legal entity, who will be referred to in this EULA as "You" and "Your") and E-Book Systems, Inc. (ôE-Bookö) for E-BookÆs CD Shopping CartÖ software product that accompanies this EULA, including any associated media, printed materials and electronic documentation (the "Software"). The Software also includes any software updates, add-on components, web services and/or supplements that E-Book may provide to You or make available to You after the date You obtain Your initial copy of the Software to the extent that such items are not accompanied by a separate license agreement or terms of use. By clicking the ôI Acceptö button or installing, copying, downloading, accessing or otherwise using the Software, You agree to be bound by the terms of this EULA. If You do not agree to the terms of this EULA, click the ôI Do Not Acceptö button, and do not install, access or use the Software; instead, You should return it to Your place of purchase for a full refund.

1. GRANT OF LICENSE

E-Book grants You a non-exclusive, non-transferable license to use one copy of the Software on a single standalone computer only in conjunction with Your use of E-Book's FlipAlbum« 6 Pro software product (ôFlipAlbum« Proö) for the sole purpose of including catalog and order-taking capability for digital content created using FlipAlbum« Pro on storage media such as CD-ROM, CD-R, Zip Disk or similar media (the ôMediaö). You may reproduce and distribute, including for commercial purposes, any number of copies of such created Media. This includes the right to install such Media on a drive which is connected to a network for access and viewing by users on the network. You may make only one copy of the Software for backup purposes. The same copyright and proprietary notices of the original Software must appear on the backup copy. You may not remove these notices from either the original Software or backup copy. If the Software contains documentation that is provided only in electronic form, You may print one copy of such electronic documentation. You may not copy the printed materials accompanying the Software.

2. LIMITATIONS

YOU MAY NOT USE THE SOFTWARE WITH ANY SOFTWARE PRODUCT OTHER THAN FLIPALBUM« PRO.

You are expressly prohibited from sublicensing, selling, transferring, renting, leasing or otherwise distributing copies of the Software or rights to use the Software. You may not use the Software for any use prohibited by law.

You may not disassemble, modify, reverse-engineer, adapt, decompile, translate or create derivative works based upon the Software or any part thereof.

Except as expressly permitted in this Agreement, You may not separate any parts of the Software for use on more than one computer.

You may not create obscene, scandalous or infringing works, as defined by any applicable federal, state or local law at the time the work is created, using the Software.

This Agreement does not automatically grant You any right to any enhancements or updates to the Software.

3. COPYRIGHT

All title and intellectual property rights in and to the Software are owned by E-Book or its licensors. The Software is protected by the copyright laws of the United States and international copyright treaties.

4. LIMITED WARRANTY; DISCLAIMERS

E-Book warrants that the Software will perform substantially in accordance with E-Book's published specifications for the Software for a period of ninety (90) days from the date You acquire the Software. Your exclusive remedy, and E-Book's entire liability, for any breach of this limited warranty shall be, in E-Book' sole discretion, to replace the Software with functionally equivalent software or refund the license fees paid by You for the Software, upon return of the nonconforming Software. Any replacement Software will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer.

E-BOOK MAKES NO OTHER WARRANTY, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. SOME JURISDICTIONS DO NOT ALLOW EXCLUSIONS OF AN IMPLIED WARRANTY, SO THIS DISCLAIMER MAY NOT APPLY TO YOU AND YOU MAY HAVE OTHER LEGAL RIGHTS THAT VARY BY JURISDICTION. NO E-BOOK AGENT OR EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS, OR ADDITIONS TO THIS WARRANTY. The foregoing warranty shall not apply to any non-conformities caused by any modifications made to the Software by You; by accident, abuse or improper use; or by Your violation of the terms of this EULA.

E-BOOK DOES NOT WARRANT THAT YOUR REQUIREMENTS WILL BE MET WITH THE SOFTWARE FUNCTIONS OR THAT THE SOFTWAREÆS OPERATION WILL BE ERROR-FREE OR UNINTERRUPTED OR THAT DEFECTS WILL BE CORRECTED. E-BOOK SHALL ALWAYS RESERVE ITS RIGHTS AND DISCRETION TO CORRECT ANY DEFECTS AS IT SEES FIT AND TO MAKE AVAILABLE FURTHER RELEASES AND UPGRADES AS AND WHEN IT DEEMS NECESSARY.

5. LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL E-BOOK OR ITS SUPPLIERS OR RESELLERS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER, EVEN IF E-BOOK SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL E-BOOK'S TOTAL LIABILITY, WHETHER IN TORT, CONTRACT OR OTHERWISE, ARISING OUT OF OR RELATING TO THIS EULA OR THE SOFTWARE EXCEED THE AMOUNT PAID BY YOU FOR THE SOFTWARE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.

6. U.S. GOVERNMENT LICENSE RIGHTS

All Software provided to the U.S. Government pursuant to solicitations issued on or after December 1, 1995 is provided with the commercial license rights and restrictions described elsewhere herein. All Software provided to the U.S. Government pursuant to solicitations issued prior to December 1, 1995 is provided with RESTRICTED RIGHTS as provided for in FAR, 48 CFR 52.227-14 (JUNE 1987), or DFAR, 48 CFR 252.227-7013 (OCT 1988), as applicable.

7. EXPORT RESTRICTIONS

You acknowledge that the Software is subject to U.S. export restrictions. You agree to comply with all applicable provisions of the U.S. Export Administration Act and regulations promulgated thereunder, as well as end-user, end-use and destination restrictions issued by U.S. and other governments.

8. TERMINATION

Your license to use the Software is terminated if You violate this EULA. Upon termination, You must destroy the original and all copies of the Software and related documentation in your possession or control.

9. GENERAL PROVISIONS

This EULA is the exclusive agreement between You and E-Book concerning the Software and supersedes any and all prior or contemporaneous oral or written agreements, representations, negotiations or other dealings between You and E-Book. This EULA will be governed by the laws of the State of California applicable to contracts executed and performed entirely in California by residents of that state. If any part of this EULA is found to be void, unenforceable or invalid, it shall not affect the other provisions of this EULA. This EULA can only be modified by a paper writing signed by both parties. Failure by either party to enforce any provision of this EULA will not be deemed a waiver of future enforcement of that or any other provision.

For further information regarding the Software or this EULA, contact E-Book at supportbiz@flipalbum.com.