Software End User License Agreement PLEASE READ THIS LICENSE CAREFULLY BEFORE USING THE SOFTWARE. BY USING THE SOFTWARE, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, PROMPTLY RETURN THE UNUSED SOFTWARE AND ANY PAYMENTS FOR SUCH SOFTWARE WILL BE REFUNDED. 1. License. The application and data accompanying this License, whether on disk, in read only memory, or on any other media (the "Software"), and the related documentation are licensed to you by Wildcard Design, Incorporated and its Licensors. You own the media (if any) on which the Software are recorded but Wildcard Design, Incorporated and its Licensors retain title to the Software. This License allows you to use the Software on a single computer. You may use a copy of the software on a home or portable computer, as long as the extra copy is never loaded at the same time the software is loaded on the primary computer on which you use the Software. You may make one copy of the Software in machine-readable form for backup purposes. You must reproduce on such copy the copyright notice and any other proprietary legends that were on the original copy of the Software. You may also transfer all your license rights in the Software, the backup copy of the Software, the related documentation and a copy of this License to another party, provided the other party reads and agrees to accept the terms and conditions of this License. 2. Restrictions. The Software contains copyrighted material, trade secrets and other proprietary material. In order to protect them, and except as permitted by applicable legislation, you may not decompile, reverse engineer, disassemble or otherwise reduce the Software to a human-perceivable form or seek to obtain a disclosure of any portion of the Software's source code. You may not modify, network, rent, lease, loan, distribute or create derivative works based upon the Software in whole or in part. You may not electronically transmit the Software from one computer to another or over a network. (Except insofar as to download from BuyDirect if this is an electronic download purchase.) 3. Software Redistribution. In all cases of software redistribution and in order to protect Wildcard Design, Incorporated and its Licensors', intellectual property rights in the Software and Materials herein, you must reproduce on each copy a copyright notice that clearly states "Copyright (c) by Wildcard Design, Incorporated and it's Licensors", and distribute such Software and Materials pursuant to a valid agreement that is at least as protective of Wildcard Designn, Incorporated and its Licensors' rights in the Software and Materials as this License. 4. Termination. This License is effective until terminated. You may terminate this License at any time by destroying the Software, related documentation and all copies thereof. This License will terminate immediately without notice from Wildcard Design, Incorporated if you fail to comply with any provision of this License. Upon termination you must destroy the Software, related documentation and all copies thereof. No termination of this license entitles you to a refund of any fee or other amount paid to this license. 5. Export Law Assurances. You agree and certify that neither the Software nor any other technical data received from Wildcard Design, Incorporated, nor the direct product thereof, will be exported outside the United States except as authorized and as permitted by the laws and regulations of the United States. If the Software has been rightfully obtained by you outside of the United States, you agree that you will not re-export the Software nor any other technical data received from Wildcard Design, Incorporated, nor the direct product thereof, except as permitted by the laws and regulations of the United States and the laws and regulations of the jurisdiction in which you obtained the Software. 6. Limited Warranty on Media. (if applicable) Wildcard Design, Incorporated warrants the compact disc on which the Software are recorded to be free from defects in materials and workmanship under normal use for a period of thirty (30) days from the date of purchase as evidenced by a copy of the receipt. Wildcard Design Incorporated's entire liability and your exclusive remedy will be replacement of the compact disc not meeting Wildcard Design, Incorporated limited warranty which is returned to Wildcard Design, Incorporated within the 30 day warranty period with a copy of the receipt. Wildcard Design, Incorporated will have no responsibility to replace a disc damaged by accident, abuse or misapplication. ANY IMPLIED WARRANTIES ON THE COMPACT DISC, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE LIMITED IN DURATION TO THIRTY (30) DAYS FROM THE DATE OF DELIVERY. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY BY JURISDICTION. 8. Disclaimer of Warranty. You expressly acknowledge and agree that use of the Software is at your sole risk. The Software, related documentation are provided "AS IS" and without warranty of any kind and Wildcard Design, Incorporated and its Licensors EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WILDCARD DESIGN INCORPORATED AND ITS LICENSORS DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. FURTHERMORE, WILDCARD DESIGN INCORPORATED AND LICENSORS DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SOFTWARE OR RELATED DOCUMENTATION IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY WILDCARD DESIGN INCORPORATED, ITS LICENSORS, OR ANY DISTRIBUTOR OR RESELLER SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. SHOULD THE SOFTWARE PROVE DEFECTIVE, YOU (AND NOT WILDCARD DESIGN INCORPORATED OR ITS LICENSORS) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. 9. Limitation of Liability. UNDER NO CIRCUMSTANCES INCLUDING NEGLIGENCE, SHALL WILDCARD DESIGN INCORPORATED OR ANY OF ITS LICENSORS BE LIABLE FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OR INABILITY TO USE THE SOFTWARE OR RELATED DOCUMENTATION, EVEN IF WILDCARD DESIGN INCORPORATED OR A WILDCARD DESIGN INCORPORATED AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. In no event shall Wildcard Design Incorporated's total liability to you for all damages, losses, and causes of action (whether in contract, tort (including negligence) or otherwise) exceed that portion of the amount paid by you which is fairly attributable to the Software. 10. Controlling Law and Severability. To the fullest extent allowed by applicable law, this License shall be governed by and construed in accordance with the laws of the United States and the State of California, as applied to agreements entered into and to be performed entirely within California between California residents. If for any reason a court of competent jurisdiction finds any provision of this License, or portion thereof, to be unenforceable, that provision of the License shall be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of this License shall continue in full force and effect. 11. Complete Agreement. This License constitutes the entire agreement between the parties with respect to the matters it purports to cover and supersedes all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. No amendment to or modification of this License will be binding unless in writing and signed by a duly authorized representative of Wildcard Design Incorporated.