END USER LICENSE AGREEMENT (EULA) FOR MEDIALAB™ v2016
© 1999-2016 EMPIRISOFT CORPORATION
www.empirisoft.com
send inquiries to service@empirisoft.com
CAREFULLY READ THE FOLLOWING LICENSE AGREEMENT. YOU ACCEPT AND AGREE TO BE BOUND BY THIS
LICENSE AGREEMENT BY CLICKING THE BUTTON LABELED "YES" THAT IS DISPLAYED BELOW. IF YOU DO NOT
AGREE TO THIS LICENSE, CLICK THE ICON LABELED "NO" AND YOUR ORDER WILL BE CANCELED, THE SOFTWARE
WILL NOT BE INSTALLED AND YOU WILL NOT BE CHARGED.
LICENSE GRANT
"You" means the person, company, organization or other entity who is being licensed to use the Software or
Documentation. "We," "us" and "our" means Empirisoft Corporation.
We hereby grant you a nonexclusive license to use one copy of the Software on any single computer, provided the
Software is in use on only one computer at any time. The Software is "in use" on a computer when it is loaded into
temporary memory (RAM) or installed into the permanent memory of a computer--for example, a hard disk, CDROM or other storage device.
TITLE
We remain the owner of all right, title and interest in the Software and related explanatory written materials
("Documentation").
ARCHIVAL OR BACKUP COPIES
You may copy the Software for back-up and archival purposes, provided that the original and each copy is kept in
your possession and that your installation and use of the Software does not exceed that allowed in the "License
Grant" section above.
THINGS YOU OUGHT, IOHO, AND MAY NOT DO
The Software and Documentation are protected by United States copyright laws and international treaties. You
must treat the Software and Documentation like any other copyrighted material--for example a book. You may not:


print, copy, modify or distribute the Documentation except for your own personal use,



copy the Software except to make archival or backup copies as provided above,



modify or adapt the Software or merge it into another program,



reverse engineer, disassemble, decompile or make any attempt to discover the source code of the
Software,



place the Software onto a server so that it is accessible via a pubic network such as the Internet,



sublicense, rent, lease or lend any portion of the Software or Documentation,



anything else that’s just not right.

TRANSFERS
You may transfer all your rights to use the Software and Documentation to another person or legal entity provided
you transfer this Agreement, the Software and Documentation, including all copies, update and prior versions to
such person or entity and that you retain no copies, including copies stored on computer. If you are granted an
academic, educational, government or other financial discount for this license, then it may not be transferred to
another person or entity who does not also qualify for the same discount. In such cases, where the other person
or entity does not qualify for the discount you received, they will be required to pay the amount of the discount to
us before transfer can occur.
LIMITED WARRANTY
We warrant that for a period of 90 of days after delivery of this copy of the Software to you:


the media on which this copy of the Software is provided to you, will be free from defects in materials and

workmanship under normal use (does not apply to software that is downloaded), and


the Software will perform in substantial accordance with the Documentation.

To the extent permitted by applicable law, THE FOREGOING LIMITED WARRANTY IS IN LIEU OF ALL OTHER
WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, AND WE DISCLAIM ANY AND ALL IMPLIED WARRANTIES
OR CONDITIONS, INCLUDING ANY IMPLIED WARRANTY OF TITLE, NONINFRINGEMENT, MERCHANTABILITY OR
FITNESS FOR A PARTICULAR PURPOSE, regardless of whether we know or had reason to know of your particular
needs. No employee, agent, dealer or distributor of ours is authorized to modify this limited warranty, nor to make
any additional warranties.
SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR
CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
LIMITED REMEDY
Our entire liability and your exclusive remedy for breach of the foregoing warranty shall be, at our option, to
either:


return the price you paid, or



repair or replace the Software or media that does not meet the foregoing warranty if it is returned to us
with a copy of your receipt.

IN NO EVENT WILL WE BE LIABLE TO YOU FOR ANY DAMAGES, INCLUDING ANY LOST DATA, LOST PROFITS, LOST
SAVINGS, OR OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING FROM THE USE OR THE INABILITY TO
USE THE SOFTWARE (EVEN IF WE OR AN AUTHORIZED DEALER OR DISTRIBUTOR HAS BEEN ADVISED OF THE
POSSIBILITY OF THESE 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 LIMITATION MAY NOT APPLY TO YOU.
TERM AND TERMINATION
This license agreement takes effect upon your use of the software and remains effective until terminated. You may
terminate it at any time by destroying all copies of the Software and Documentation in your possession. It will also
automatically terminate if you fail to comply with any term or condition of this license agreement. You agree on
termination of this license to destroy all copies of the Software and Documentation in your possession.
CONFIDENTIALITY
The Software contains trade secrets and proprietary know-how that belong to us and it is being made available to
you in strict confidence. ANY USE OR DISCLOSURE OF THE SOFTWARE, OR OF ITS ALGORITHMS, PROTOCOLS OR
INTERFACES, OTHER THAN IN STRICT ACCORDANCE WITH THIS LICENSE AGREEMENT, MAY BE ACTIONABLE AS A
VIOLATION OF OUR TRADE SECRET RIGHTS.
GENERAL PROVISIONS
1.

This written license agreement is the exclusive agreement between you and us concerning the Software
and Documentation and supersedes any prior purchase order, communication, advertising or
representation concerning the Software.

2.

This license agreement may be modified only by a writing signed by you and us.

3.

In the event of litigation between you and us concerning the Software or Documentation, the prevailing
party in the litigation will be entitled to recover attorney fees and expenses from the other party.

4.

This license agreement is governed by the laws of the State of New York.

5.

You agree that the Software will not be shipped, transferred or exported into any country or used in any
manner prohibited by the United States Export administration Act or any other export laws, restrictions or
regulations.

