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License Agreement

      The following license agreement applies to downloaded copies of Triscape software, including for evaluation or for plugging into your web browser.

The software program along with all data and documentation (the "Software") is licensed by Triscape, Inc. ("Triscape") for use by you (the "Licensee") on a single computer. "Viewer" refers software available at triscape.com that is described as "free" or recorded by FxFoto on CD-ROM and that shows but does not create FxFoto slide show and collage presentations. "Plug-In" refers to client software available at triscape.com that is described as "free" and that downloads and adds into a web browser. "Registration Number" refers to a personalized alphanumeric key which is entered into the Software.

Only one copy of the Software may be made, except that one additional copy may be made for backup purposes only. The Licensee may copy the Software onto additional computers or removable media provided that the Software is used only on one computer at a time and always by the same person and that no other person ever uses the Software. Otherwise, a separate license is required for each single computer on which the Software will be used.

Triscape retains title and ownership of the Software recorded on the original media and all subsequent copies of the Software, regardless of the form or media in which or on which the original or other copies may exist. This license is not a sale of the Software or any copy.

The license may be permanently transferred to another licensee if you retain no copies of the Software and if the recipient agrees to all terms. However the license may not be rented or leased or otherwise transferred on a temporary basis.

The Licensee agrees not to disclose the Software or any Registration Numbers provided for the Software to any third party and to take all reasonable precautions to preclude access of unauthorized persons to the Software and Registration Numbers. The Licensee agrees not to reverse engineer, de-compile, disassemble, or modify the Software.

A copy of the Software marked "Deluxe" or "Creative", with full features, requires a Registration Number and is licensed for an agreed fee for an unlimited period of time. A copy of the Software marked "Standard Edition", with limited features, is licensed without charge for an unlimited period but may require on-line registration. An unregistered copy of the Software marked "Evaluation Edition", with full features, may only be used for a period of fifteen consecutive days and this license expires fifteen days after the Software is first installed or used as an evaluation copy. Viewer and Plug-In software, also not registered, are automatically licensed without a time limit and free of charge.

Some editions of FxFoto include extra scrapbook backgrounds and clipart embellishments in folders with designer credits and copyright restrictions. If included, these images are copyright by their designers and may be used for non-commercial purposes only. The Licensee may use this art work in collages and slide shows, but may only distribute the images as part of larger works that are for home use and that are not sold commercially.

This license shall terminate immediately if the Licensee fails to comply with any of the terms of this agreement. If this license was purchased, it shall terminate immediately if Triscape is not fully compensated for the agreed purchase price in a timely manner. Otherwise, this license shall remain in force until terminated by the Licensee upon one month's prior written notice.

SOFTWARE DISCLAIMER OF WARRANTY and HARDWARE LIMITED WARRANTY

Triscape makes no representations or warranties with regard to this Software including, but not limited to any implied warranties of merchantability and fitness for a particular purpose. Triscape does not warrant, guarantee, or make any representations regarding the use, or the results of use, of the Software in terms of correctness, accuracy, reliability, currentness, or otherwise. Triscape shall not be liable for errors or omissions contained in this Software, any interruptions of service, loss of business or anticipatory profits and/or for incidental or consequential damages in connection with furnishing, performance or use of the Software even if Triscape has been advised of the possibility of such damages. The Software is licensed as is. The Licensee assumes the entire risk as to the results and performance of the Software.

Triscape warrants to the original Licensee that any media on which the Software is distributed are free from defects under normal use and service for a period of ninety (90) days from the date of delivery. Triscape's entire liability and Licensee's exclusive remedy as to the media shall be, at Triscape's option, either (a) return of any purchase price or (b) replacement of the media that does not meet this Limited Warranty.

The above are the only warranties of any kind, either express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose, that are made by Triscape on this product. Because some states do not allow the exclusion or limitation of liability or consequential or incidental damages, the above limitation may not apply to you.