Software License and Limited Warranty

PLEASE READ THIS DOCUMENT CAREFULLY! IT CONTAINS VERY IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND RESPONSIBILITIES.

These terms and conditions apply (i) unless the customer has signed a separate purchase agreement with CAMSIGHT, in which case the separate agreement shall govern; or (ii) unless other CAMSIGHT standard terms apply to the transaction.

These terms and conditions are subject to change without prior written notice at any time, in CAMSIGHT's sole discretion.

1. SCOPE OF USE. In this agreement, Software shall mean the machine readable software programs and associated files in this package, and any modified version, upgrades and other copies of such programs and files. The term Product shall mean the Software, hardware components, the user's manual(s), and other printed materials accompanying the Software. This License provides you with the right to install the Software with a single database at a single location. You may not use the Software on a network system unless you have paid the workgroup-user license fee. You may not rent, loan, lease, reverse assemble, or reverse compile the Software. You may not use, copy, modify, merge, or transfer copies of the Software except as provided for in this agreement.

2. ASSIGNMENT. You may transfer this License together with the original Product on a permanent basis only after the following conditions are met: 1) You have received written permission from CamSight to transfer the License; 2) The recipient has signed and submitted a new License Agreement; 3) Applicable Transfer Fee, determined by CamSight, has been fully paid; and 4) You return all copies of the Software that you do not transfer to the recipient. Except as provided above, you may not sublicense, assign or transfer the License for the Product. Any attempt to do so shall terminate the License. You are responsible for notifying CamSight in the event of a change of address.

3. COPIES, MODIFICATIONS OR MERGER. You may not make any other copies or modify all or any portion of the Software or Documentation or merge it into another program unless expressly authorized in writing by CamSight. You shall use your best efforts to prevent any unauthorized copying of the Software.

IF YOU COPY, MODIFY OR MERGE ANY PORTION OF THE SOFTWARE OTHER THAN WITH CAMSIGHT'S WRITTEN AUTHORIZATION OR IF YOU TRANSFER POSSESSION OF ANY COPY, MODIFICATION OR MERGED PORTION OF THE SOFTWARE TO ANOTHER PARTY WITHOUT OBTAINING THE TRANSFEREE'S AGREEMENT REQUIRED UNDER SECTION 2 ABOVE, YOUR LICENSE IS AUTOMATICALLY TERMINATED.

4. TERM. The License hereunder is effective until terminated. CamSight may terminate this agreement at any time if you are in breach of any of its terms and conditions. Upon termination, you shall return the media (e.g., CD, diskettes) containing the Software together with all Documentation to CamSight and destroy any copies of the Software or any portions of it that have not been returned to CamSight, including copies resident in computer memory.

5. LIMITED WARRANTY. CamSight warrants that for thirty (30) days from the date of original purchase of the media (e.g., CD, diskettes) on which the Software is contained, the media will be free from defects in materials and workmanship and warrants that the Software will perform in accordance with the accompanying written material. YOU MUST ASSUME FULL RESPONSIBILITY FOR THE SELECTION OF THE PRODUCT TO ACHIEVE YOUR INTENDED PURPOSES, FOR THE PROPER INSTALLATION AND USE OF THE PRODUCT AND FOR VERIFYING THE RESULTS OBTAINED FROM ITS USE. CAMSIGHT DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE PRODUCT ARE FIT FOR ANY PARTICULAR PURPOSE OR THAT THE OPERATIONS OF THE SOFTWARE ARE FIT FOR ANY PARTICULAR PURPOSE OR THAT THE OPERATIONS OF THE SOFTWARE WILL BE INTERRUPTION- OR ERROR-FREE.

If you discover a defect in the Product (CamSight warrants the Software to operate substantially as described in the Documentation for 30 days), you should return the defective Product to CamSight within such period together with the receipt showing the price and date of purchase of this License. CamSight will, upon verification of the defect or error, either repair or replace the defective Product.

Except for the limited warranty set forth herein, THE SOFTWARE IS PROVIDED "AS IS AND WITH ALL FAULTS" TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CAMSIGHT DISCLAIMS ALL WARRANTIES, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT WITH RESPECT TO THE SOFTWARE AND THE ACCOMPANYING DOCUMENTATION. YOU ASSUME RESPONSIBILITY FOR SELECTING THE SOFTWARE TO ACHIEVE YOUR INTENDED RESULTS, AND FOR THE INSTALLATION OF, USE OF, AND RESULTS OBTAINED FROM THE SOFTWARE. WITHOUT LIMITING THE FOREGOING PROVISIONS, CAMSIGHT MAKES NO WARRANTY THAT THE SOFTWARE WILL BE ERROR-FREE OR FREE FROM INTERRUPTIONS OR OTHER FAILURES OR THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS. SOME STATES AND JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. The foregoing provisions shall be enforceable to the maximum extent permitted by applicable law.

6. EXTENDED WARRANTY. Extended warranties for years two through five may be available from CAMSIGHT. Products delivered for warranty service under an extended warranty must be accompanied with proof that the Product was purchased with an extended warranty or extended warranty was purchased before its original warranty expiration date. Extended warranty information must be on record at CAMSIGHT (registration number of product under warranty and Customer) or extended warranty service will not be honored. Extended warranties are only extended to original Customer and are not transferable to anyone else. Coverage under extended warranties is the same, and is subject to the same restrictions and conditions, as set forth herein. CAMSIGHT may not send warranty expiration notices; it is Customer's responsibility and option to contact CAMSIGHT and to purchase Extended warranties.

7. LIMITATION OF LIABILITIES. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER IN TORT, CONTRACT, OR OTHERWISE, SHALL CAMSIGHT OR ITS SUPPLIERS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR FOR ANY AND ALL OTHER DAMAGES OR LOSSES. IN NO EVENT WILL CAMSIGHT BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE LIST PRICE CAMSIGHT CHARGES FOR A LICENSE TO THE SOFTWARE OR US$5.00, EVEN IF CAMSIGHT SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY TO THE EXTENT THAT APPLICABLE LAW PROHIBITS SUCH LIMITATION. FURTHERMORE, SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU. The foregoing provisions shall be enforceable to the maximum extent permitted by applicable law.

8. THIRD PARTY PRODUCTS. The decision to acquire hardware, software (in any form), supplies or service from parties other than CamSight (Third Party Products) is yours, even if CamSight helps you identify, evaluate or select them. EXCEPT AS SPECIFICALLY AGREED TO IN WRITING, CAMSIGHT IS NOT RESPONSIBLE FOR, AND EXPRESSLY DISCLAIMS LIABILITY FOR, PERFORMANCE OR QUALITY OF THIRD PARTY PRODUCTS OR THEIR SUPPLIERS, AND THEIR FAILURE WILL NOT AFFECT YOUR OBLIGATIONS TO CAMSIGHT; any claim that you have in connection with the Third Party Products and any remedies for such claim will be against the supplier of such Third Party Products.

9. SERVICE. CamSight-branded Software (the "CDM, CDMi, CDMx, and CDM anywhere") products come with a one-year technical support and software updates*.

*Update is the extension of Software that helps you to keep your Software up-to-date. New content is added to the Update, so you can get the updates and fixes to protect your Software and keep it running smoothly. New Features and Functions are not a part of an Update.

NOTE: Some Updates may require that you restart your computer. Save your work & close any open programs before beginning of uninstall of update.

10. FORCE MAJEURE. CamSight shall have no liability for delays, failure in performance or damages due to: fire, explosion, lightning, pest damage, power surges or failures, strikes or labor disputes, water, acts of God, the elements, war, civil disturbances, acts of military authorities or the public enemy, inability to secure raw materials, transportation facilities, fuel or energy shortages, acts or omissions of communications carriers, unauthorized use of the Product, or other causes beyond CamSight's control, whether or not similar to the foregoing.

11. GENERAL. You agree that this agreement constitutes the entire agreement between you and CamSight and supersedes any prior agreement or any other communications relating to the use of the Product. It shall not be modified except by written agreement dated subsequent to the date of this agreement and signed by an authorized representative from the CamSight corporate headquarters. CamSight is not bound by any provision of any purchase order, receipt, acceptance, confirmation, correspondence, or otherwise, unless CamSight specifically agrees to the provision in writing. If any provision of this Agreement is not enforceable, all others will remain in effect. This Agreement is governed by the laws of the State of California and the United States of America, including U.S. copyright laws. The Federal and State Courts resident in Los Angeles, California shall have exclusive jurisdiction to adjudicate any dispute arising under or out of this Agreement.

12. U.S. GOVERNMENT RESTRICTED RIGHTS. This Product is provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013, subparagraph (c)(1) and (2) of the Commercial Computer Software - Restricted Rights clause at 48 FAR 52.227-19 as applicable. This Software is owned by CamSight and its structure, organization and code are the valuable trade secrets of CamSight. The Software also protected by United States Copyright Law and International Treaty provisions. You may use trademarks only insofar as required to comply with Section 1 of this Agreement and 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.

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