THIS IS A CONTRACT. BY INSTALLING THIS SOFTWARE YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT.
This Aureate Media Corporation (Aureate Media) End User License Agreement accompanies an Aureate Media software product and related explanatory written materials
("Software"). The term "Software" shall also include any upgrades, modified versions or updates of the Software licensed to you by Aureate Media.
This copy of the Software is licensed to you as the end user. Please read this Agreement carefully.
Aureate Media grants to you a nonexclusive license to use the Software, provided that you agree to the following:
1. Use of the Software.
a.You may make unlimited copies of the SOFTWARE and give copies to other persons or entities as long as the copies contain this Agreement and the same copyright
and other proprietary notices that appear on or in the SOFTWARE.
b.You may not reverse engineer, decompile or disassemble the SOFTWARE.
2. Copyright. The Software is owned by Aureate Media and its suppliers, and its structure, organization and code are the valuable trade secrets of Aureate Media and its suppliers. The
Software is also protected by United States Copyright Law and International Treaty provisions. You agree not to modify, adapt, translate, reverse engineer,
decompile, disassemble or otherwise attempt to discover the source code of the Software. You may use trademarks only to identify printed output produced by the
Software, in accordance with accepted trademark practice, including identification of trademark owner's name. Such use of any trademark does not give you any
rights of ownership in that trademark. Except as stated above, this Agreement does not grant you any intellectual property rights in the Software.
3. No Warranty. The Software is being delivered to you AS IS and Aureate Media makes no warranty as to its use or performance. AUREATE MEDIA AND ITS SUPPLIERS DO NOT
AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE OR DOCUMENTATION. AUREATE MEDIA
AND ITS SUPPLIERS MAKE NO WARRANTIES, EXPRESS OR IMPLIED, AS TO NONINFRINGEMENT OF THIRD PARTY RIGHTS,
MERCHANTABILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE. IN NO EVENT WILL AUREATE MEDIA OR ITS SUPPLIERS BE LIABLE TO YOU FOR
ANY CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, INCLUDING ANY LOST PROFITS OR LOST SAVINGS, EVEN IF A GIZMONET
REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY. Some
states or jurisdictions do not allow the exclusion or limitation of incidental, consequential or special damages, or the exclusion of implied warranties or limitations on
how long an implied warranty may last, so the above limitations may not apply to you.
4. Governing Law and General Provisions. This Agreement will be governed by the laws of the State of Indiana, U.S.A., excluding the application of its conflicts of
law rules. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is
expressly excluded. If any part of this Agreement is found void and unenforceable, it will not affect the validity of the balance of the Agreement, which shall remain
valid and enforceable according to its terms. You agree that the Software will not be shipped, transferred or exported into any country or used in any manner
prohibited by the United States Export Administration Act or any other export laws, restrictions or regulations. This Agreement shall automatically terminate upon
failure by you to comply with its terms. This Agreement may only be modified in writing signed by an authorized officer of GizmoNet.
Unpublished-rights reserved under the copyright laws of the United States.
