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WildTangent Software End User License Agreement (EULA)

Welcome to the WildTangent License Agreement ("License"), which describes the terms and conditions which apply to your use of WildTangent software and related services and documentation ("Software"). Please note that this License is a legally binding agreement between you and WildTangent, Inc. ("WildTangent"), by using this Software, you agree to be bound by this License. If you do not agree with the License, please do not install the Software or discontinue using the Software and uninstall it pursuant to the procedures identified below.

Also note that this License is subject to revision by WildTangent from time-to-time and that your continued use of the Software will be subject to any such terms and conditions revisions. Accordingly, please review the License periodically (which is available on WildTangent's website at http://www.wildtangent.com/eula ) to ensure that you are familiar with any revisions and that they are acceptable to you.

1. Grant of Limited License.

Subject to the terms and conditions of this License, WildTangent hereby grants to you a non-exclusive, non-transferable, non-sublicenseable, personal and limited license solely to install and use the Software on a single computer to view or interact with content, such as artwork, pictures, text, video, audio, media files, programs, or applications, accessed by the Software including without limitation, any files in a WildTangent file format ("Content").

2. Restrictions on Limited License.

Please note that this License does not authorize you to use the Software or any Content in any manner other than as expressly set forth in this License. You also specifically agree to not:

  • use the Software or any Content for any commercial purpose.
  • install or use any Content on more than one computer at a time. You may make one copy of the Content in machine-readable form for backup purposes only. The backup copy must include all copyright information contained on the original.
  • view any Content by any means other than by use of the Software.
  • decompile, reverse engineer, disassemble or otherwise deconstruct the Software, or any Content, except to the extent expressly mandated by applicable law or authorized by WildTangent's prior written agreement.
  • modify, rent, lease, loan, sublicense, distribute, transmit, share (over a network or otherwise) or create derivative works based upon, the Software or any Content, or assign or otherwise transfer your rights under this License, except pursuant to a WildTangent Distribution License Agreement executed by WildTangent.
  • disable, uninstall or otherwise impair the functionality of the Software, in whole or in part, except through implementation of the uninstall instructions provided below.

3. Updates.

The Software makes use of your computer's most advanced hardware accelerated media capabilities, and as such its stability is vulnerable to changes in your computer's configuration such as operating system patches, video driver changes, browser updates, etc. To ensure a consistent and high quality experience, the Software will periodically prompt users to check online with WildTangent support databases for software updates and patches. After installation, users may uninstall Software from the Windows Control Panel – Uninstall a Program. WildTangent may choose not to support Software that does not contain all available updates, in which case you may not be able to view all Content and Software functionality may be compromised. WildTangent may, but is not required to, provide you updates to the Software, and to the extent WildTangent does provide updates to the Software, the updates and the updated Software will be subject to all the terms and conditions of this License, as revised from time-to-time, or any additional License accompanying the updates.

4. Title.

Title, ownership, rights, and intellectual property rights, including any patent rights, in and to the Software, will remain in WildTangent and its licensors or suppliers, and title, ownership rights and intellectual property rights in and to the Content will be retained by the applicable owner of the Content. WildTangent and its licensors and suppliers reserve all rights not expressly granted to you, including without limitation copyright and other intellectual property rights. WildTangent's licensors and suppliers are intended third party beneficiaries of this License and have the express right to rely upon and directly enforce its terms.

5. Warranty.

WildTangent warrants to you that the media or computer file that contains the Software or Content will be uncorrupted when you receive it. If any portion of the Software, WildTangent Files or Content is corrupted when you receive it, your exclusive remedy, and WildTangent's entire liability in contract, tort, or otherwise, will be to use commercially reasonable efforts to provide uncorrupted media or an uncorrupted file to you or, in WildTangent's sole discretion, to reimburse you the amount paid by you to WildTangent for the Software.

6. Limitations of Liability.

Disclaimer of Consequential Damages. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT, WILDTANGENT AND ITS PARTNERS, LICENSORS AND SUPPLIERS WILL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE TO YOU FOR CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE OR OTHER DAMAGES ARISING OUT OF OR RELATED TO THE SOFTWARE, WILDTANGENT FILES OR CONTENT, INCLUDING BUT NOT LIMITED TO LOST PROFITS OR LOSS OF BUSINESS, EVEN IF WILDTANGENT OR ITS PARTNERS, LICENSORS AND/OR SUPPLIERS HAVE BEEN APPRISED OF THE POSSIBILITY OF SUCH DAMAGES OCCURRING. WILDTANGENT'S AND ITS PARTNERS’, LICENSORS’ AND SUPPLIERS’ TOTAL LIABILITY ARISING OUT OF OR RELATED TO THIS LICENSE (REGARDLESS OF WHETHER ANY ACTION OR CLAIM IS BASED ON CONTRACT, TORT OR OTHERWISE) SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU TO WILDTANGENT FOR THE SOFTWARE AND CONTENT.

7. Termination.

Your rights under this License will terminate automatically if you fail to comply with any of the terms and conditions of this License. No notice will be required from WildTangent to effectuate such termination. Upon termination, you must destroy all copies of the Software.

8. Export Controls.

You are responsible for complying with all trade regulations and laws both foreign and domestic. None of the Software or underlying information or technology may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iran, Libya, North Korea, Sudan, Syria or any other country in violation of the laws and administrative regulations of the United States or any other applicable jurisdiction; or (ii) to anyone on the U.S. Treasury Department's List of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading, installing, or using the Software, you are agreeing to the foregoing and you are representing and warranting that (i) you are not located in, under the control of, acting on behalf of, or a national or resident of any such country or on any such list and (ii) you will not export or re-export the Software to any prohibited county, or to any prohibited person, entity, or end-user as specified by U.S. export controls.

9. Indemnification.

You agree to indemnify, defend and hold WildTangent and its officers, directors and employees harmless from and against any losses, damages, fines and expenses (including attorneys' fees and costs) arising out of or relating to any claims that you have violated any term or condition of this License or have breached any representation made by you in connection with the grant of this License. If you are importing the Software from the United States, you will indemnify and hold WildTangent harmless from and against any import and export duties or other claims arising from such importation or exportation.

10. U.S. Government End Users.

The Software is a "commercial item," as that term is defined at 48 C.F.R. 2.101 (Oct. 1995), consisting of "commercial computer software" and "commercial computer software documentation," as such terms are used in 48 C.F.R. 12.212, and all U.S. Government End Users acquire the Software with only those rights set forth in this License.

11. Feedback.

Any comments or materials sent to WildTangent including feedback data, such as questions, comments, suggestions, or the like regarding the Software, Content or any other products or programs of WildTangent, or proposed products or programs (collectively "Feedback"), will be deemed to be non-confidential. WildTangent will have no obligation of any kind with respect to Feedback and will be free to reproduce, use, disclose, exhibit, display, transform, create derivative works, and distribute the Feedback to others without limitation. Further, WildTangent will be free to use any ideas, concepts, know-how or techniques contained in Feedback for any purpose, including but not limited to developing, manufacturing, and marketing products incorporating Feedback.

12. Privacy.

Our policies regarding personal and other information collection are available for review at:

http://www.wildtangent.com/privacy

WildTangent's Privacy Policies may be updated from time to time and by your election to use the Software you indicate your acceptance of their terms, as so revised, so please review the Policies carefully and regularly check the WildTangent website to review updates.

13. Miscellaneous.

This License Agreement constitutes the complete and exclusive agreement between you and WildTangent, and supersedes any proposal or prior agreement, oral or written, and any other communications between us relating to the subject matter of this License. Any rights not expressly granted in this License are reserved. If any provision of this License is held to be unenforceable for any reason, the provision will be reformed only to the extent necessary to make it enforceable, and the decision will not affect the enforceability of the remaining provisions. This License will be governed by the laws of the State of Washington, without regard to conflicts of law provisions, and you hereby consent to the exclusive jurisdiction of the state and federal courts sitting in King County, Washington, USA. Any and all unresolved disputes arising under this License will be submitted to arbitration in King County, Washington, USA. The arbitration will be conducted under the rules then prevailing of JAMS/Endispute. The arbitrator's award will be binding and may be entered as a judgment in any court of competent jurisdiction. You acknowledge that a violation of this License may cause irreparable harm to WildTangent, and you agree that, in addition to any other remedies provided by law, WildTangent will be entitled to seek injunctive relief against any such violation without having to post a bond. This License will not be governed by the United Nations Convention of Contracts for the International Sale of Goods, the application of which is hereby expressly excluded.

© 2005 WildTangent, Inc. and/or its suppliers. 18578 NE 67th Court, Building 5, Redmond, WA 98052 U.S.A. All rights reserved. WildTangent and the WildTangent logo are trademarks of WildTangent, Inc.

YOU ACKNOWLEDGE THAT YOU HAVE READ THIS LICENSE, UNDERSTAND IT AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. YOU FURTHER AGREE THAT IT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN US WHICH SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN US RELATING TO THE SUBJECT MATTER OF THIS LICENSE.

Version: WT-09-12-05