End User License Agreement

§ 7.38 Form: Individual or Network Use Shrink-Wrap License Agreement

This is a contract between you, the end user (either an individual, or a legal entity such as a corporation), and Discs Corporation. By opening this sealed package you are agreeing to be bound by the terms of this agreement. If you do not agree to the terms of this agreement, promptly return this package unopened to the place you obtained them for a full refund.

1. Grant of License

(a) Single Computer. This Agreement permits you to use the copy of the enclosed product (the “Product”) on a single computer. Once you have run that portion of the Product called the “setup” or “install” program on your computer, you may use the Product on a different computer only if you first delete the files installed by the setup program from the first computer (if any). You may not copy the Product from the enclosed media to a computer hard disk or other permanent electronic storage device (except as occurs when you run the setup/install program or use other features of the Product on your single computer).

(b) Computer Network Use. If you wish to use the Product over a computer network, you may do so as follows: (i) you may install the setup/install program on any or all computers on your network, and (ii) you may make the Product available over your network either by a drive connected to a network server or by installing the entire Product on the hard disk of your network server, provided that (iii) you have a mechanism in place to restrict the number of concurrent users of the Product (i.e., the total number of users accessing the Product over the network at any one time) to the number of licenses you have purchased for the Product. Note that if you have multiple copies of the Product and you are counting such copies as licenses for your use of the Product over a computer network, you must archive such copies and not make any other use of them for as long as you are counting them as network copies.

2. Copyright

The Product, including any software, images, graphics, photographs, animation, video, audio, music, and text incorporated in the Product or included in any material accompanying the Product, is owned by Discs Corporation or its suppliers and is protected by United States copyright laws and international treaty provisions. The copying of the Product, any portion of the Product, or any of the printed materials accompanying the Product is strictly prohibited by such laws and treaty provisions.

3. Other Restrictions

You may not rent or lease the Product, but you may transfer the Product and accompanying written materials on a permanent basis to another end user provided you delete the setup files from your computer, and the recipient agrees to the terms of this Agreement. You may not reverse engineer, decompile, or disassemble the Product. Any transfer of the Product must include the most recent upgrade and all prior versions.

4. Limited Warranty

4.1. Performance and Term

Discs warrants that (a) the Product will perform substantially in accordance with the accompanying printed materials for a period of ninety (90) days from the date of receipt, and (b) any hardware accompanying the Product will be free from defects in materials and workmanship under normal use and service for a period of one (1) year from the date of receipt. Any implied warranties on the Product and hardware are limited to ninety (90) days and one (1) year, respectively. Some state jurisdictions do not allow limitations on duration of an implied warranty, so the above limitation may not apply to you.

4.2. Customer Remedies

Discs Corporation’s entire liability and your exclusive remedy shall be, at Discs Corporation’s option, either (a) return of the price paid or (b) repair or replacement of the Product or hardware that does not meet Discs Corporation’s Limited Warranty and that is returned to Discs Corporation with a copy of your receipt. The Limited Warranty is void if failure of the Product or hardware has resulted from accident, abuse, or misapplication. Any replacement Product will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer. Outside the United States, neither these remedies nor any product support services offered by Discs Corporation are available without proof of purchase from an authorized non-U.S. source.

4.3. No Other Warranties

To the maximum extent permitted by applicable law, Discs Corporation disclaims all other warranties, either express or implied, including, but not limited to implied warranties of merchantability and fitness for a particular purpose, with respect to the Product, the accompanying written materials, and any accompanying hardware. This limited warranty gives you specific legal rights. You may have others, which vary from jurisdiction to jurisdiction.

4.4. No Liability for Consequential Damages

To the maximum extent permitted by applicable law, in no event shall Discs Corporation or its suppliers be liable for any damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or other pecuniary loss) arising out of the use or inability to use this Product, even if Discs Corporation has been advised of the possibility of such damages. Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.

5. U.S. Government Restricted Rights

The Product and documentation are provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227.7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software—Restricted Rights at 48 C.F.R. § 52.227-19, as applicable. Manufacturer is Discs Corporation, 200 Broadway, Jackson Hole, Wyoming 12345.