End User License Agreement

Ariea HDR MAX End User License Agreement

IMPORTANT-READ CAREFULLY: This End-User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and Ariea Corporation for the Ariea HDR MAX software product, including all upgrades thereto ("Software"), and may include associated media, printed materials, and "online" or electronic documentation ("Product"). By accessing, downloading, copying, installing 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, do not install or use the Software.

1. LICENSE
The Software, including the software, data and information included therein, is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The Software is licensed, not sold, solely in accordance with this EULA.

Ariea grants you the following rights provided that you comply with all terms and conditions of this EULA. You may install, use, access, display, run, or otherwise interact with ("RUN") one copy of the Software, only on a single computer or computerized display device ("Computer") at a time and only by one user at a time. A license for the Software may not be shared or used concurrently on different Computers and may not be accessed off a network server. You may use the Software, and all information and data contained therein, only for your own use and purposes.

A "Multiple License", or "Volume License" allows you to install, use, access, display and run additional copies of the Software up to the number of "Licensed Copies" specified. You may not use the Software concurrently on different COMPUTERS, unless the Device has a separate license for the Software. You may store or install a copy of the Software on a storage device, such as a network server, used only to install or run the Software on your other Computers over an internal network; however, you must acquire and dedicate an additional license for each separate Computer on which the Software is installed, used, accessed, displayed or run.

2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS
You may not copy, retransmit, redistribute, lease, charge fees for access to, sublicense, resell or transfer the Software or any parts or components thereof to any other person at any time. You shall not create any derivative works from the Software or any parts thereof. You shall not grant any others access to the Software. Without prejudice to any other rights, Ariea may terminate your access to the Software immediately if you fail to comply with the terms and conditions of this EULA.

3. LIMITATIONS ON REVERSE ENGINEERING, DECOMPILATION, AND DISASSEMBLY
You shall not modify, reverse-engineer, disassemble or decompile the Software and shall not remove any copyright or proprietary notices on the Software or associated documentation. Without prejudice to any other rights, Ariea may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such an event, you must immediately destroy all copies of the Software and cease accessing or using the Software.

4. COPYRIGHT, INTELLECTUAL PROPERTY, AND RESERVATION OF RIGHTS AND OWNERSHIP
Ariea reserves all rights not expressly granted to you in this EULA. All title and copyrights in and to the Software are owned by Ariea or its suppliers. All title and intellectual property rights in and to the Software and content that may be accessed through the use of the Software are the property of Ariea or its licensors and may be protected by applicable copyright or other intellectual property laws and treaties. This EULA grants you no rights to copy or use such software or content, apart from your licensed use to the Software. The Product is licensed, not sold.

5. UPGRADES
If the Software is labeled as an upgrade or new version or release ("Upgrade"), you must be properly licensed to use the Software to use the Upgrade. A software product labeled as an Upgrade replaces and/or supplements, and may disable, the product that formed the basis for your eligibility for the Upgrade. You may use the resulting upgraded product only in accordance with the terms of this EULA.

6. DISCLAIMER OF WARRANTIES
THE SOFTWARE IS PROVIDED "AS IS". ARIEA MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE OR INTENDED USE OR OF MERCHANTABILITY (WHICH ARE DISCLAIMED). ARIEA ASSUMES NO RESPONSIBILITY WITH RESPECT TO THE USE BY THE YOU OF THE SOFTWARE. THERE IS NO WARRANTY OR CONDITION OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION OR NON-INFRINGEMENT WITH REGARD TO THE PRODUCT.

Ariea hereby disclaims all other warranties and conditions, whether express, implied or statutory, including, but not limited to, any (if any) implied warranties, duties or conditions of merchantability, of fitness for a particular purpose, of reliability or availability, of accuracy or completeness of responses, of results, of workmanlike effort, of lack of viruses, and of lack of negligence, all with regard to the Software, and the provision of or failure to provide support or other services, information, software, and related content through the Software or otherwise arising out of the use of the Software.

7. LIMITATION ON REMEDIES; NO CONSEQUENTIAL OR OTHER DAMAGES
The exclusive remedy available to YOU for any breach of this Limited Warranty is as set forth below. Except for any refund elected by Ariea, YOU ARE NOT ENTITLED TO ANY DAMAGES, INCLUDING BUT NOT LIMITED TO CONSEQUENTIAL DAMAGES, if the Product does not meet Ariea's Limited Warranty, and, to the maximum extent allowed by applicable law, even if any remedy fails of its essential purpose. The terms of the section below ("EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND CERTAIN OTHER DAMAGES") are also incorporated into this Limited Warranty. Some states/jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to YOU. This Limited Warranty gives YOU specific legal rights. YOU may have others which vary from state/jurisdiction to state/jurisdiction.

8. YOUR EXCLUSIVE REMEDY
Ariea's and its suppliers' entire liability and the exclusive remedy that shall be available to YOU, at Ariea's option from time to time exercised subject to applicable law, (a) return of the price paid (if any) for the Product if it was a retail purchase or the price of a retail product that Ariea offers that is closest in feature set to the Product as determined by Ariea, (b) repair of the Product, (c) replacement of the Product with a newer version of the Product, (d) replacement of the Product with a different product that allows the achievement of the same feature set originally specified for the Product. This Limited Warranty is void if failure of the Product has resulted from accident, abuse, misapplication, abnormal use, a virus, or a bug or defect in the software provided by someone other than Ariea. Any replacement Product will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer.

9. EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND CERTAIN OTHER DAMAGES
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ARIEA OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SOFTWARE, THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT OR OTHER SERVICES, INFORMATON, SOFTWARE, AND RELATED CONTENT THROUGH THE SOFTWARE OR OTHERWISE ARISING OUT OF THE USE OF THE SOFTWARE, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS EULA, EVEN IN THE EVENT OF THE FAULT, TORT (INCLUDING NEGLIGENCE), MISREPRESENTATION, STRICT LIABILITY, BREACH OF CONTRACT OR BREACH OF WARRANTY OF ARIEA OR ANY SUPPLIER, AND EVEN IF ARIEA OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

10. LIMITATION OF ARIEA LIABILITY
IN NO EVENT SHALL ARIEA BE LIABLE TO YOU FOR ANY DAMAGES, CLAIMS OR COSTS WHATSOEVER OR FOR SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES OR LOST PROFITS OR DAMAGES FROM LOSS OR USE OF DATA (DESPITE THE FACT THAT THE POSSIBILITY OF SUCH DAMAGES ARE OR MAY BE KNOWN TO ARIEA), WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT OR ANY OTHER CAUSE OF ACTION RELATING TO THE PERFORMANCE OR NON-PERFORMANCE OF THIS EULA. NOTWITHSTANDING ANYTHING CONTAINED HEREIN, OR THE FORUM IN WHICH ANY LEGAL OR EQUITABLE ACTION MAY BE BROUGHT BY YOU,THE CUSTOMER, AGAINST ARIEA, YOU AGREE THAT ARIEA'S LIABILITY, IF ANY, TO YOU FOR ANY LOSS, DAMAGE, CLAIM, LIABILITY OR EXPENSE, OF ANY KIND CAUSED DIRECTLY OR INDIRECTLY BY THE PERFORMANCE OR NONPERFORMANCE OF OBLIGATIONS PURSUANT TO THIS EULA OR BY THE SOFTWARE, HOWEVER ARISING, SHALL BE LIMITED TO THE GREATER OF THE AMOUNT ACTUALLY PAID BY YOU FOR THE PRODUCT OR U.S. $5.00.

11. GOVERNING LAW
This EULA will be governed by the laws of the State of California, United States of America, excluding its conflict of law provisions.

12. SEVERABILITY
If any provision of this EULA shall be held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions hereof shall not in any way be affected or impaired.

13. NO WAIVER
No waiver of any breach of any provision of this EULA shall constitute a waiver of any prior, concurrent or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.

14. ENTIRE AGREEMENT
This EULA (including any addendum or amendment to this EULA which is included with the Ariea Product) is the entire agreement between you and Ariea relating to the Software Product and it supersedes all prior or contemporaneous oral or written communications, proposals and representations with respect to the Software Product or any other subject matter covered by this EULA. To the extent the terms of any Ariea policies or programs for support services conflict with the terms of this EULA, the terms of this EULA shall control.