CaptureWiz 7.50

EULA - End User License Agreement

FREE-TRIAL LICENSES
PixelMetrics grants you a license to install one copy of this
software on any one machine and use it for the duration of the
free-trial. After that, you may pay for the software, uninstall
it or use it in expired mode with reduced capabilities.

SINGLE MACHINE LICENSES
PixelMetrics grants you a license to install the purchased
version of this software, and any free updates, on up to two
machines and use them forever. You may move the software to
another machine if the previous machine no longer runs or
after uninstalling it from the previous machine.

SITE LICENSES
PixelMetrics grants you a license to install the purchased
version of this software on one machine for each license
purchased. Each machine must be the property of the specific
organization or person listed on the receipt.

"Use" means storing, loading, installing, executing or displaying
the SOFTWARE. You may not modify the SOFTWARE or disable
any licensing or control features of the SOFTWARE except as an
intended part of the SOFTWARE's programming features.

OWNERSHIP.
The SOFTWARE is owned and copyrighted by PixelMetrics.
Your license confers no title or ownership in the SOFTWARE
and should not be construed as a sale of any right in the
SOFTWARE.

COPYRIGHT.
The SOFTWARE is protected by United States copyright law
and international treaty provisions. You acknowledge that no
title to the intellectual property in the SOFTWARE is transferred
to you. You further acknowledge that title and full ownership
rights to the SOFTWARE will remain the exclusive property of
PixelMetrics and you will not acquire any rights to the
SOFTWARE except as expressly set forth in this license. You
agree that any copies of the SOFTWARE will contain the same
proprietary notices which appear on and in the SOFTWARE.

UNAUTHORIZED USE.
You may not use, copy, rent, lease, sell, modify, decompile,
disassemble, otherwise reverse engineer, or transfer the
SOFTWARE except as provided in this agreement. Any such
unauthorized use shall result in immediate and automatic
termination of this license.

U.S. GOVERNMENT INFORMATION.
Use, duplication, or disclosure by the
U.S. Government of the computer software and
documentation in this package shall be subject to restrictions as
set forth in subparagraph (c)(1)(ii) of the Rights in Technical
Data and Computer Software clause at DFARS 252.277-7013
(Oct 1988) and FAR 52.227-19 (Jun 1987). The Contractor is
PixelMetrics, Aurora CO.

LIMITED WARRANTY.
THIS SOFTWARE IS PROVIDED ON AN "AS IS" BASIS.
PIXELMETRICS DISCLAIMS ALL WARRANTIES
RELATING TO THIS SOFTWARE, WHETHER EXPRESSED
OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY
IMPLIED WARRANTIES OF MERCHANTABILITY OR
FITNESS FOR A PARTICULAR PURPOSE. NEITHER
PIXELMETRICS NOR ANYONE ELSE WHO HAS BEEN
INVOLVED IN THE CREATION, PRODUCTION, OR
DELIVERY OF THIS SOFTWARE SHALL BE LIABLE FOR
ANY INDIRECT, CONSEQUENTIAL, OR INCIDENTAL
DAMAGES ARISING OUT OF THE USE OR INABILITY TO
USE SUCH SOFTWARE, EVEN IF PIXELMETRICS HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES OR CLAIMS. THE PERSON USING THE
SOFTWARE BEARS ALL RISK AS TO THE QUALITY AND
PERFORMANCE OF THE SOFTWARE.

SOME JURISDICTIONS DO NOT ALLOW LIMITATION OR
EXCLUSION OF INCIDENTAL OR CONSEQUENTIAL
DAMAGES, SO THE ABOVE LIMITATIONS OR
EXCLUSION MAY NOT APPLY TO YOU TO THE EXTENT
THAT LIABILITY IS BY LAW INCAPABLE OF
EXCLUSION OR RESTRICTION.

IN NO EVENT SHALL ANY THEORY OF LIABILITY
EXCEED THE LICENSE FEE PAID TO PIXELMETRICS.

SEVERABILITY.
In the event of invalidity of any provision of this license, the
parties agree that such invalidity shall not affect the validity of
the remaining portions of this license.

LIABILITY.
NO LIABILITY FOR CONSEQUENTIAL DAMAGES. IN NO
EVENT SHALL PIXELMETRICS OR ITS SUPPLIERS BE
LIABLE TO YOU FOR ANY CONSEQUENTIAL, SPECIAL,
INCIDENTAL OR INDIRECT DAMAGES OF ANY KIND
ARISING OUT OF THE DELIVERY, PERFORMANCE OR
USE OF THE SOFTWARE, EVEN IF PIXELMETRICS HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. IN NO EVENT WILL PIXELMETRICS'S
LIABILITY FOR ANY CLAIM, WHETHER IN CONTRACT,
TORT OR ANY OTHER THEORY OF LIABILITY, EXCEED
THE LICENSE FEE PAID BY YOU, IF ANY.

GOVERNING LAW.
This agreement shall be governed by the laws of the State of
Colorado excluding the application of its conflicts of law rules
and shall inure to the benefit of PixelMetrics and any successors,
administrators, heirs and assigns. Any action or proceeding
brought by either party against the other arising out of or related
to this agreement shall be brought only in a STATE or
FEDERAL COURT of competent jurisdiction located in
Arapaho County, Colorado. The parties hereby agree to the
jurisdiction of said courts. The United Nations
Convention on Contracts for the International Sale of Goods is
specifically disclaimed.

INSPECTION AND TESTING.
You agree and acknowledge that you will thoroughly inspect and
test the SOFTWARE for all of your purposes upon
commencement of your use. Any suit or other legal action, claim
or any arbitration relating in any way to this agreement or
software covered by it must be officially filed or officially
commenced no later than three months (90 days) after your first
use of the software.

ENTIRE AGREEMENT.
This is the entire agreement between you and PixelMetrics which
supersedes any prior agreement or understanding, whether
written or oral, relating to the subject matter of this license.

RESERVED RIGHTS.
All rights not expressly granted here are reserved to
PixelMetrics.