CompuPic

THIS IS A LEGAL AGREEMENT ("Agreement") BETWEEN YOU AND PHOTODEX CORPORATION ("Photodex"). YOU HAVE SIGNIFIED YOUR AGREEMENT TO THE FOLLOWING TERMS AND CONDITIONS BY CLICKING ON THE "I Agree`` BUTTON WHEN THIS SOFTWARE WAS INSTALLED. IF YOU DO NOT AGREE WITH THE FOLLOWING TERMS AND CONDITIONS OF THIS AGREEMENT, EXIT THIS SOFTWARE AND REFRAIN FROM USING IT. 1. Photodex and/or its affiliates own all files included in this software (this "Software"). This Software is protected by United States copyright laws and international treaty provisions. You may use this Software only as stated in this Agreement. This Agreement is governed by the laws of the State of Texas. 2. Under this Agreement you may: (1) try this software in an unlicensed form and for evaluation purposes only; (2) purchase a license to use this Software for other than evaluation purposes; and (3) make one copy of the Software for backup purposes only. 3. You may freely reproduce and share this unlicensed Software with others providing you comply with all the terms and conditions of this Agreement. YOU MAY NOT: (1) use, copy, modify, merge, and/or transfer copies of this Software except as provided in this Agreement; (2) reverse engineer, reverse assemble or reverse compile this Software or any component thereof; (3) sublicense, rent, lease, sell, or assign this Software; (4) distribute this Software in any incomplete or altered form; (5) distribute this software for profit or fee in excess of duplication or transmission costs; or (6) incorporate this Software as part or all of a product to be sold to others for fees in excess of duplication or transmission costs without prior written permission from Photodex. 4. Under this Agreement, you may be given a password to register this Software by Photodex or authorized affiliate. Passwords are unique to each individual or organization, and are matched with your name and phone number. YOU MAY NOT: disclose or transmit your password to any other party without prior permission from Photodex. Unauthorized disclosure of your password constitutes a federal copyright violation, and is punishable by fines of up to $100,000 per infraction and/or prison sentence. 5. Under this agreement, you agree to allow this software and associated software to store small amounts of information necessary to protect the software against unauthorized use, and you acknowledge that Photodex Corporation will not disclose any information related to removing or overcoming such anti-piracy information stored in your system at any time. 6. LIMITED WARRANTY: THIS SOFTWARE IS LICENSED "AS IS." THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES EXPRESSED OR IMPLIED, INCLUDING, BY WAY OF EXAMPLE THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Some jurisdictions do not allow the exclusion or limitation of implied warranties, so the above exclusions and limitations may not apply to you. 7. Photodex and its affiliates entire liability and your exclusive remedy under this Agreement is limited to no more than you paid for this Software. For any claim (including fundamental breach), in any form, related in any way to this Agreement, Photodex`s liability will be for actual damages only and will be limited to the purchase price, if any, you paid for this Software. 8. Photodex and/or its affiliates will not be liable for any lost profits, lost savings, or any incidental damages or other economic consequential damages (including loss of information), even if Photodex or its affiliates have been advised of the possibility of such damages. Photodex will not be liable for any damages claimed by you based on any third party claim. This limitation of remedies also applies to any developer of Software supplied to Photodex. Photodex and the developer`s limitation of remedies are not cumulative. Such developer is an intended beneficiary of this Section. This limitation of remedies also applies to any licensor of content supplied to Photodex. Photodex and the licensor`s limitation of remedies are not cumulative. Such licensor is an intended beneficiary of this Section. If you have further questions regarding this Software, please contact: Photodex Corporation 925 Westbank Drive, Austin TX 78746 Voice: (512) 419-7000 Fax: (512) 452-6825