SOFTWARE LICENSE AGREEMENT

PLEASE CAREFULLY READ THIS LICENSE AGREEMENT BEFORE PROCEEDING TO OPERATE THIS SOFTWARE.  RIGHTS IN THE SOFTWARE ARE OFFERED ONLY ON THE CONDITION THAT THE CUSTOMER AGREES TO BE BOUND BY ALL TERMS AND CONDITIONS OF THE LICENSE AGREEMENT.  PROCEEDING TO OPERATE THE SOFTWARE INDICATES YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS.  IF YOU DO NOT AGREE TO THE LICENSE AGREEMENT, YOU MAY RETURN THE UNUSED SOFTWARE.


In return for payment of the applicable fee, Symmetry Entertainment, Inc. grants the Customer a license in the software, subject to the following:

1.	USE.   Customer may use the software on any one computer.  Customer may not network the software or otherwise use it on more than one computer. Customer may not reverse assemble or decompile the software unless authorized by law.

2.  	COPIES AND ADAPTATIONS.   Customer may make copies or adaptations of the software (a) for archival purposes or (b) when copying or adaptation is an essential step in the use of the software with a computer so long as the copies and adaptations are used in no other manner.

3.  	OWNERSHIP.   Customer agrees that it does not have any title or ownership of the software, other than ownership of the physical media. Customer acknowledges and agrees that the software is copyrighted and protected under the copyright laws. Customer acknowledges and agrees that the software may have been developed by a third party software supplier named in the copyright notices included with the software, who shall be authorized to hold the Customer responsible for any copyright infringement or violation of this Agreement.

4. 	TRANSFER OF RIGHTS IN SOFTWARE.  Customer may transfer rights in the software to a third party only as part of the transfer of all rights and only if Customer obtains the prior agreement of the third party to be bound by the terms of this License Agreement. Upon such a transfer, Customer agrees that its rights in the software are terminated and that it will either destroy its copies and adaptations or deliver them to the third party.

5.  	SUBLICENSING AND DISTRIBUTION.   Customer may not lease, sublicense the software or distribute copies or adaptations of the software to the public in physical media or by telecommunication without the prior written consent of Symmetry Entertainment, Inc.

6.  	TERMINATION.   Symmetry Entertainment, Inc. may terminate this software license for failure to comply with any of these terms provided Symmetry Entertainment, Inc. has requested Customer to cure the failure and Customer has failed to do so within thirty (30) days of such notice.

7.  	UPDATES AND UPGRADES.   Customer agrees that the software does not include updates and upgrades which may be available from Symmetry Entertainment, Inc. under a separate support agreement.

8. 	EXPORT CLAUSE.   Customer agrees not to export or re-export the software or any copy or adaptation in violation of the U.S. Export Administration regulations or other applicable regulation.


LIMITED WARRANTY

SOFTWARE:  Symmetry Entertainment, Inc. warrants for a period of THIRTY (30) DAYS from the date of the purchase that the software product will execute its programming instructions when properly installed.  Symmetry Entertainment, Inc. does not warrant that the operation of the software will be uninterrupted or error free.  In the event that this software product fails to execute its programming instructions during the warranty period, Customer's remedy shall be a refund or replacement.  Should Symmetry Entertainment, Inc. be unable to replace the media within a reasonable amount of time, Customer's alternate remedy shall be a refund of the purchase price upon return of the product and all copies.

MEDIA:  Symmetry Entertainment, Inc. warrants the media upon which this product is 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.  In the event any media prove to be defective during the warranty period, Customer's remedy shall be to return the media to Symmetry Entertainment, Inc. for replacement.  Should Symmetry Entertainment, Inc. be unable to replace the media within a reasonable amount of time, Customer's alternate remedy shall be a refund of the purchase price upon return of the product and all copies.

NOTICE OF WARRANTY CLAIMS:  Customer must notify Symmetry Entertainment, Inc. in writing of any warranty claim not later than thirty (30) days after the expiration of the warranty period.

LIMITATION OF WARRANTY:  Symmetry Entertainment, Inc. makes no other express warranty, whether written or oral with respect to this product.  Any implied warranty of merchantability or fitness for a particular purpose is limited to the 30-day duration of this written warranty.  Some states or provinces do not allow limitations on how long an implied warranty lasts, so the above limitation or exclusion may not apply to you.

This warranty gives specific legal rights, and you may also have other rights which vary from state to state, or province to province.

EXCLUSIVE REMEDIES:  THE REMEDIES PROVIDED ABOVE ARE CUSTOMER'S SOLE AND EXCLUSIVE REMEDIES. IN NO EVENT SHALL SYMMETRY ENTERTAINMENT, INC. BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFIT) WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY.  Some states or provinces do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

WARRANTY SERVICE:  Warranty service may be obtained from the location indicated in the owner's manual. 

To contact us, please write:

Symmetry Entertainment, Inc.
Attn.: Customer Service
P.O. Box 4010
Beverly Hills, CA 90213-4010
