License Agreement Copyright (c) 1999-2007 ashampoo GmbH & Co. KG All Rights Reserved October 2007 PLEASE READ THE ENTIRE TEXT OF THIS LICENSE AGREEMENT CAREFULLY AND MAKE SURE YOU AGREE WITH ALL THE TERMS AND CONDITIONS BEFORE USING THIS SOFTWARE. The accompanying computer program ("Software") is licensed to the user by ashampoo GmbH & Co. KG subject to the terms and conditions of this License Agreement. By clicking on "Agree" or "Accept" during installation of the electronically distributed version or by installing and using this Software or by opening the sealed package of the retail version you agree to be bound by these terms and conditions. If you do not agree to any of the terms of this License do not install or use this Software. The Software is licensed, not sold, to the user by ashampoo GmbH & Co. KG for use exclusively under the terms and conditions of this License Agreement. ashampoo GmbH & Co. KG reserves all and any rights not expressly granted to the user. The user owns the physical media upon which the Software is distributed or recorded but ashampoo GmbH & Co. KG retains ownership of the Software itself and the accompanying data and documentation. 1. License: (a) This non-exclusive License allows one registered user to install and use the Software on one (1) computer or local workstation only, subject to the terms and conditions of this License Agreement. Multiple users may use the Software non- simultaneously if it is not installed on more than one computer. The Software may be transferred to another computer if it is then deleted from the original computer and is never used on more than one computer simultaneously. (b) If the Software is licensed as an update or upgrade said update or upgrade does not constitute a second grant of license. The update or upgrade may only be used to replace the original, legally licensed version and the original version may not be transferred to another user or other third parties. (c) If the License is transferred to another user the original user must erase the program from the computer on which it was installed and surrender to the new licensee both the original and all copies of the program and its documentation. The new licensee must then register the program with ashampoo GmbH & Co. KG and agree to be bound by the terms and conditions of this License Agreement. (d) If the Software is a time-limited version (shareware) it may not be used after the end of the trial period. Manipulation of the program itself or the operating system and/or the use of any software that enables continued use of the program after the end of the trialperiod is expressly prohibited and will be subject to prosecution. All contents of Ashampoo Clipfinder and also third party contents which is made available within the software underlie the terms of use as well as the license agreements and copyrights conditions of the respective video portal content provider. The user declares that he accepts the respective terms of use of the respective video portal content provider. 2. Copyright and Other Rights: (a) The Software, all accompanying data and text files and all its documentation in printed and electronic form are protected by national and international copyright and other proprietary rights. You may make no more than one copy of the Software for personal backup purposes only. Such backup copies must remain in the possession of the original registered user, may not be used to create additional installations on further computers for use by other users and must include all copyright notices of ashampoo GmbH & Co. KG and any other applicable copyright notices. Any and all other forms of reproduction or copying of the Software and its accompanying data and documentation, including copying the Software or parts thereof to any and all network, Internet and/or online devices and/or services, constitute infringement of copyright and other rights. (b) Any images, graphics and other audio and/or visual material included with the Software may be protected by additional copyrights and other rights of the respective authors or owners. By agreeing to be bound by the terms of this License Agreement you also agree to observe the rights subsisting in such additional material and any regulations pertaining thereto. (c) The Software embodies and contains secret proprietary technologies and information. Reverse engineering, disassembly, decompilation and any and all other methods capable of providing access to the trade secrets contained in the Software are all strictly and expressly prohibited. 3. Other Restrictions: (a) You may not modify, adapt, translate or produce derivative works based upon the Software or any part of the Software in any form whatsoever. (b) Unless otherwise specifically indicated in the manual and/or other documentation you may only use the Software for private, non-commercial purposes. You may not market, loan, rent, lease or advertise the Software without the express prior written consent of ashampoo GmbH & Co. KG. Distribution of shareware, freeware and public domain software is also only permitted with the express, prior written consent of ashampoo GmbH & Co. KG. (c) You may not use the Software or any of the data or material or documentation distributed with the Software for any illegal or immoral purposes or for any purposes which could be construed as illegal or immoral or for purposes which infringe upon legal or commercial rights of any parties under any circumstances. 4. Limited Warranty: (a) ashampoo GmbH & Co. KG warrants the physical media upon which the Software is distributed (floppy disk, CD, DVD etc.) but not the program recorded on the physical media to be free of defects in materials and workmanship for a period of 30 (thirty) days from the date of purchase as documented by the purchase receipt. Media found to be faulty within this thirty-day period will be replaced by ashampoo GmbH & Co. KG free of charge unless the faults are due to willful damage, negligence or improper use. Such replacement will be your only and exclusive remedy in the event of fault or defect. The program itself is provided "as is" without any warranty of any kind, express or implied, including but not restricted to warranties of merchantability and fitness for a specific purpose. (b) Under no circumstances will ashampoo GmbH & Co. KG, its officers, agents, employees, affiliates or associates be liable for any consequential, incidental, indirect or special damages whatsoever (including but not restricted to damages for loss of business income or profits, interruption of business, financial losses, loss of data or information etc.), deriving from use of, improper use of or inability to use the Software or any of the material, documentation or information included or distributed with the Software, regardless of the nature and foundation of the individual claim or claims. The liability of ashampoo GmbH & Co. KG will under all circumstances be limited to the purchase price of the Software. All other liabilities and remedies express or implied, including but not restricted to any express or implied warranties of merchantability and fitness for a specific purpose, are expressly excluded. These limitations may not apply in jurisdictions that do not permit the exclusion or limitation of implied warranties. 5. Product Modifications and Improvements: ashampoo GmbH & Co. KG reserves the right to change, modify and improve its products at any time and without notice in the normal course of product development. This right includes but is not restricted to changes and modifications that add new functions or features or remove functions or features mentioned in the product advertising or documentation. 6. Termination: This License is effective to all registered users until terminated. Failure to comply with any of the terms or conditions of this License Agreement will terminate the License automatically, immediately and without notice from ashampoo GmbH & Co. KG. All copies of the Software and its documentation must be destroyed immediately upon termination of the License. All regulations of this License Agreement, particularly Sections 4 and 7, shall continue to apply and be legally binding following termination. 7. General Provisions: This License will be construed under the laws of the Federal Republic of Germany. If any term or provision of this License should be or prove to be legally ineffective or contrary to law, said term or provision will be enforced to the maximum extent permissible, and the remaining terms and provisions will not be prejudiced by this and shall remain in full force and effect. Copyright (c) 1999-2007 ashampoo GmbH & Co. KG