All Other CrystalGraphics or PowerPlugs Products - End User License Agreement

This is a legal agreement between you and CrystalGraphics, regarding any and all CrystalGraphics or PowerPlugs products not covered by a more specific end user license agreement (the "Product"). The term "Product" shall be understood to include everything and anything included with the deliverables (audio, images, video, graphics, data, effects, presentations, files, text, documentation, hardware, software, packaging, usernames, passwords, etc.) that comes with the Product. By using the Product, you agree to be bound by this agreement. If you do not agree, promptly discontinue use.

Agreement is as follows:

This is a perpetual single-user License at will and can be terminated by CrystalGraphics at any time. Your right of usage under this Agreement is the non-exclusive, non-transferable right to use the Product in whole or in part in connection with Microsoft PowerPoint. All equipment accessing the Product must be at one physical location and be operating under one organization by a single individual.

You may install and use one copy of the Product. You may not make copies, reproductions, translations or modifications of or to the Product except you may make a single archive copy of the Product for backup purposes. The same copyright notice and proprietary markings as appears on the original Product must be contained on the archive copy. You may not create derivative works, modify, disassemble, reverse engineer, adapt, or de-compile the Product.

Neither the Product nor any portion thereof may be distributed, rented, sold, given away, leased, sub-licensed or loaned in any form. Additionally, you agree to take all steps necessary to prevent any third party from duplicating or distributing the Product. Use of logos or trademarks without authorization from the owner is denied.

This license will terminate automatically without notice from CrystalGraphics if you fail to comply with any provision of this license. Upon termination, you shall destroy the Product or copies thereof. If any provision of this Agreement is held invalid, the remainder of the Agreement shall remain in full force and effect. All rights not specifically granted to you by this Agreement are reserved. Questions on usage or rights should be directed to CrystalGraphics, Inc.

This Agreement shall be governed by and construed in accordance with the laws of the State of California, without regard to conflict of law principles. Each of the parties hereto submits to the jurisdiction of the state or federal courts located in or near Santa Clara County, in any action or proceeding arising out of or relating to this Agreement and agrees that all such claims may be heard and determined in any such court.

LIMITED WARRANTY

CRYSTALGRAPHICS INC. IS NOT RESPONSIBLE FOR THE INSTALLATION, USE OF OR RESULTS OBTAINED FROM THE PRODUCT. THE LICENSOR DOES NOT WARRANT YOUR REQUIREMENTS WILL BE MET WITH THE PRODUCT'S FUNCTIONS OR THAT THE PRODUCT'S OPERATION WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT DEFECTS WILL BE CORRECTED.

THE LICENSOR HAS USED REASONABLE EFFORTS TO MINIMIZE ERRORS OR DEFECTS IN THE PRODUCT. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE, OR INABILITY TO USE THE PRODUCT.

THE PRODUCT IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE OR COUNTRY TO COUNTRY.

IN NO EVENT WILL THE LICENSOR OR ITS AUTHORIZED REPRESENTATIVES BE LIABLE TO YOU FOR ANY DAMAGES, INCLUDING LOSS OF PROFITS, LOST SAVINGS, OR OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR THE USE OF OR INABILITY TO USE THE PRODUCT EVEN IF THE LICENSOR OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY.

SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE IMITATIONS OR EXCLUSION MAY NOT APPLY TO YOU.

EXCLUSIVE LIMITATION AND REMEDIES LIABILITIES:

THE LICENSOR'S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY AGAINST THE LICENSOR OR ITS AUTHORIZED REPRESENTATIVES FOR LOSS OR DAMAGE CAUSED BY ANY FAILURE OR DEFECT OF THE PRODUCT, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, SHALL BE THE REPLACEMENT OF THE PRODUCT. CONTACT YOUR ORIGINAL SOURCE OF PURCHASE TO RECEIVE INSTRUCTIONS ON OBTAINING REPLACEMENT PRODUCT. THIS WILL BE EXCLUSIVE OF ALL OTHER REMEDIES AGAINST THE LICENSOR OR ITS AUTHORIZED REPRESENTATIVES, EXCEPT FOR YOUR RIGHT TO CLAIM DAMAGES FOR BODILY INJURY TO ANY PERSON.

CrystalGraphics and PowerPlugs are trademarks of CrystalGraphics Inc. Product copyright © CrystalGraphics, Inc. PowerPoint is a registered trademark of Microsoft, Inc. All other trademarks are the property of their respective owners. All rights not specifically granted to you by this Agreement are reserved.