PentaSuite DigiPhoto

PentaSuite DigiPhoto End User License Agreement

1. THE USER`S RIGHTS: Through this User License PentaWare, Inc, a New Hampshire, U.S.A. Corporation, grants the end user (the "Licensee") the right to use a copy of PentaSuite DigiPhoto (herein after also called the "SOFTWARE") on any single computer provided that PentaSuite DigiPhoto be in use on one single computer at a time. Should the Licensee be authorized to make use of PentaSuite DigiPhoto on more than one computer, that same Licensee is authorized to have in use as many duplicate copies of PentaSuite DigiPhoto as the Licensee has been granted authorization for. PentaSuite DigiPhoto is intended to be "in use" on a given computer when it has been loaded in RAM memory or has been loaded in the permanent memory (i.e. hard disk) of that computer. A copy installed on a network server with the sole purpose of performing authorized distribution of copies on THAT network is not to be considered "in use". Should there be a likelihood that the potential number of users of PentaSuite DigiPhoto will exceed the authorized number, the Licensee must equip himself with a software process or procedure that will guarantee that the number of simultaneous users of PentaSuite DigiPhoto will remain within the granted number of authorized users.

2. COPYRIGHT: PentaSuite DigiPhoto is the property of C.H. Ostfeld that has licensed PentaWare Inc. to publish PentaSuite DigiPhoto in North America and other parts of the world. PentaSuite DigiPhoto is protected by United States of America copyright laws, European Union copyright laws and various international copyright treaties. Consequently the Licensee is required to treat PentaSuite DigiPhoto in the same manner any other copyrighted object (such as a book or a music record or a music score) would be dealt with. The Licensee is not authorized under any circumstances to reproduce or duplicate the user manual (or manuals) or any of the written materials that are an integral part of the PentaSuite DigiPhoto package.

3. OTHER RESTRICTIONS: The Licensee MAY NOT rent or lease PentaSuite DigiPhoto. The Licensee MAY, however, sell to a third party the rights acquired in virtue of this user license, but only if at the same time all the related copies of PentaSuite DigiPhoto get transferred as well along with all the materials (written or not) that compose the PentaSuite DigiPhoto package and subject to the binding condition that the purchasing party integrally accepts the conditions and terms of this User License. The Licensee MAY NOT convert, decode, decrypt, decompile or disassemble PentaSuite DigiPhoto. Any sales transaction or license transfer must include the most recent version of PentaSuite DigiPhoto in the consignor`s possession along with any previous versions of the same software.

4. WARRANTY: PentaWare, Inc. guarantees that PentaSuite DigiPhoto will perform in accordance with the user manual and the written materials that compose the PentaSuite DigiPhoto package. This warranty lasts 90 days. The warranty on magnetic media is one year. This warranty will be null and void should there be abnormal usage or usage not according to the written recommendations that accompany PentaSuite DigiPhoto. Should there be an ascertained functionality defect, PentaWare, Inc will be obliged to repair or replace PentaSuite DigiPhoto if the same is returned to PentaWare, Inc. with a copy of the purchase invoice and only if PentaSuite DigiPhoto will have been licitly acquired. This warranty will be null and void should it be proved that the functionality defect will derive from accidental, improper or erroneous use of PentaSuite DigiPhoto. Every replacement copy of PentaSuite DigiPhoto will have a warranty period that will last for the duration of the original warranty period. The minimum warranty period is 30 days.

EXCLUSION OF ANY ADDITIONAL WARRANTIES: PENTAWARE, INC DOES NOT RECOGNIZE ANY FURTHER WARRANTY, EXPRESSED OR IMPLIED, INCLUDING, AMONG OTHERS, SUITABILITY FOR RESALE OR SUITABILITY FOR ANY PARTICULAR PURPOSE, OF PentaSuite DigiPhoto AND THE WRITTEN MATERIALS THAT COMPOSE THE PentaSuite DigiPhoto PACKAGE. LIMITATION OF LIABILITY FOR CONSEQUENTIAL DAMAGES: UNDER NO CIRCUMSTANCES WILL PENTAWARE, INC BE RESPONSIBLE FOR ANY DIRECT OR INDIRECT CONSEQUENTIAL DAMAGES DERIVING FROM THE USE OF PentaSuite DigiPhoto (WITHOUT LIMITATION, OF EVENTUAL LOST INCOME OR LOST PROFITS, HAMPERING OR INTERRUPTION OF THE END USERS MAIN OR DERIVED ACTIVITIES BUSINESS OR OTHERWISE, LOSS OF DATA OR ANY OTHER EVENTUAL ECONOMIC OR FINANCIAL LOSS). THIS LIMITATION OF LIABILITY REMAINS IN EFFECT EVEN IN THE EVENTUALITY THAT PENTAWARE, INC HAS BEEN INFORMED OF THE POSSIBILITY THAT SUCH DAMAGES MIGHT OCCUR. IN ANY CASE THE LIABILITY OF PENTAWARE, INC UNDER THE TERMS OF THIS USER LICENSE WILL BE LIMITED TO, AND WILL NOT EXCEED, THE AMOUNT PENTAWARE, INC ACTUALLY CHARGED AND WAS PAID FOR THE COPY OF PentaSuite DigiPhoto OBJECT OF THE CONTROVERSY.


EXPORT RESTRICTIONS (EXCLUSIVELY FOR CRYPTOGRAPHIC SOFTWARE)

5. EXPORT RESTRICTIONS - If PentaSuite DigiPhoto is shipped or otherwise distributed to the Licensee from the United States of America: The Licensee acknowledges that PentaSuite DigiPhoto and the maintenance and support services including without limitation technical services and technical data (e.g., manuals, blueprints, plans, diagrams, models, formulae, tables, engineering designs and specifications and instructions written or recorded and any other such technical services and technical data ("the Services") are of U.S. origin for purposes of U.S. export control laws, regulations, administrative acts or Executive Orders, and any amendments thereof, including without limitation the Export Administration Act of 1979, as amended (the "Act"), and the regulations promulgated there under (the "U.S. Export Control Laws"). The Licensee agrees to comply with all applicable U.S. Export Control Laws and any applicable international laws and regulations that apply to PentaSuite DigiPhoto and to the Services, including without limitation the Act as well as end-user, end-use and destination restrictions issued by the U.S. and other governments.

6. RESTRICTIONS - If PentaSuite DigiPhoto is shipped or otherwise distributed to the Licensee from a country other than the United States of America: The Licensee agrees to comply with the local regulations regarding exporting and/or using cryptographic software. In all cases, PentaWare, Inc. will not be liable for the illegal export and/or use of its cryptographic software or portions thereof by the Licensee.

7. U.S. GOVERNMENT RIGHTS If PentaSuite DigiPhoto is licensed for or on behalf of the United States of America, its agencies and/or instrumentalities ("U.S. Government") pursuant to solicitations issued on or after December 1, 1995, PentaSuite DigiPhoto is provided with the commercial rights and restrictions described elsewhere herein. If PentaSuite DigiPhoto is licensed for or on behalf of the U.S. Government pursuant to solicitations issued prior to December 1, 1995, PentaSuite DigiPhoto is provided with RESTRICTED RIGHTS as provided for in FAR, 48 CFR 52.227-14 (JUNE 1987) or DFAR, 48 CFR 252.227-7013 (OCT 1988), as applicable.

8. HIGH RISK ACTIVITIES: PentaSuite DigiPhoto is not fault-tolerant and is not designed, manufactured or intended for use or resale as on-line control equipment in hazardous environments requiring fail-safe performance, such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines, or weapons systems, in which the failure of PentaSuite DigiPhoto could lead directly to death, personal injury, or severe physical or environmental damage ("High Risk Activities"). PentaWare, Inc. and its suppliers specifically disclaim any express or implied warranty of fitness for High Risk Activities.

9. GENERAL: These License Terms are effective from April 1st 2003 until further notice. This license will terminate immediately without notice if the Licensee should act in any manner in breach of any of its terms and conditions. For evaluation copies of PentaSuite DigiPhoto, the license will terminate automatically: 1) if the Licensee fails to comply with the limitations described herein; 2) 30 days from the first installation of PentaSuite DigiPhoto; or 3) at the expiration of the allocated evaluation time taking account of extensions or limitations of use. Upon termination of this License, the Licensee agrees to destroy PentaSuite DigiPhoto and all copies thereof. If the Licensee purchased PentaSuite DigiPhoto before the expiration of the evaluation time and registered PentaSuite DigiPhoto, the Licensee has a valid license and the Licensee does not need to destroy PentaSuite DigiPhoto. The Licensee shall not be entitled to a refund from PentaWare, Inc or any of its resellers as a result of termination. The terms and conditions concerning confidentiality and restrictions on use shall continue in force even after any termination.

PentaWare, Inc. may revise these terms at any time and the revised terms shall automatically apply to the corresponding versions of PentaSuite DigiPhoto distributed with the revised terms. If any part of these License Terms is found void and unenforceable, it will not affect the validity of rest of the License Terms, which shall remain valid and enforceable according to its terms. These License Terms may be modified in writing only by PentaWare, Inc. In case of controversy or inconsistency between translations of these License Terms to other languages, the English version issued by PentaWare shall prevail. These terms can be complemented with other documentation issued by Pentaware, Inc. or agreed both by Pentaware, Inc and the Licensee and its license provider.
These terms shall be governed under the Laws of the State of New Hampshire (United States of America) without regard to conflict of laws rules and principles and without regard to the United Nations Convention of Contracts for the International Sales of Goods. The courts of the State of New Hampshire shall have the exclusive jurisdiction and venue to adjudicate any dispute arising out of these License Terms. Notwithstanding the foregoing, in the case of purchases made within or on behalf of licensees residing within or operating under the laws of the United States the governing law of these terms shall be the laws of the State of New Hampshire without regard to conflict of laws rules and principles and without regard to the United Nations Convention of Contracts for the International Sales of Goods. The exclusive jurisdiction and venue to adjudicate any dispute arising out of these License Terms shall be of the federal and state courts of New Hampshire.
All correspondence regarding these License Terms should be addressed to:

PentaWare, Inc.
One New Hampshire Avenue, Suite 125
Portsmouth, NH 03801
U.S.A.
Tel 1-603-929-9828 fax 1-603-218-6044
http://www.pentazip.com - email: info@pentazip.com

This user license is governed by United States law. Any controversy will be subject to hearing in a court of law within the State of New Hampshire, U.S.A.