SHRINK WRAP LICENSE AGREEMENT

READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE OPENING THIS PACKAGE OR EITHER USING OR INSTALLING THE ENCLOSED CD-ROM. OPENING THIS PACKAGE, USE OR INSTALLATION INDICATES YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, PROMPTLY RETURN THIS PACKAGE UNOPENED TO ADDICTIVE CONTENT AND YOUR MONEY WILL BE REFUNDED.

1. License

       1.1. ADDICTIVE CONTENT (hereinafter referred to as "Licensor") owns or controls all intellectual property and other rights in the computer programs or software, information, documentation and photographic materials (hereinafter collectively referred to as the "Licensed Product") stored on the enclosed CD-ROM. In this license agreement (hereinafter referred to as the "License Agreement"), you, the purchaser of the license rights granted by this Agreement, are referred to as "Licensee" or "You." In accordance with the terms and conditions of this License Agreement, Licensor grants Licensee the nonexclusive, non-transferable, worldwide license to use the Licensed Product only in the country where acquired from your supplier (Supplier), if any, and subject to the terms and conditions set forth in this License Agreement. Licensee may not, and may not permit any other person or entity to, sublicense, rent, sell, assign, pledge, or otherwise transfer the Licensed Product or install, distribute, provide access to, or use the CD-ROM or Licensed Product on or by means of an intranet, extranet, internet system or by means of networked computers. This Agreement shall automatically terminate in the event of such a transfer or distribution without the prior express written permission of Licensor.

       1.2. All rights to and in the Licensed Product, including, but not limited to, copyrights and trade secret rights, belong to Licensor and Licensor holds title to each copy of the Licensed Product. Licensee shall not copy or modify the Licensed Product, except that Licensee may copy the Licensed Product for the sole purpose of backup as long as all copyright and other notices are reproduced and included on the backup copy.

2. Term
This License Agreement is effective until terminated. Licensee may terminate this License Agreement by returning the Licensed Product to Licensor. Licensor may terminate this License Agreement if Licensee breaches any of the terms and conditions. Upon termination of this License Agreement for any reason, Licensee shall return the Licensed Product to Licensor. All provisions of this Agreement relating to disclaimers of warranties, limitation of liability, remedies, or damages, and Licensor's proprietary rights shall survive termination.

3. Object Code and Owner Identification Information
The License Product is delivered, where applicable, in object code only. Licensee shall not reverse compile or otherwise reverse engineer the Licensed product. Licensee may make minor alterations to the photographs so as to affect file size or to crop to fit as needed for use. Licensee may not alter pixel arrangement or mix Licensed Product with other photographic elements not part of Licensed Product. Licensee may not remove any watermark inserted by Licensor, 1x1 pixel identifier or any other identifier that would permit Licensor to track Licensee's use of its intellectual property on the Internet.

4. Limited Warranty

       4.1. Licensor does not warrant that the functions contained in the Licensed Product will meet Licensee's requirements or that the operation of the CD-ROM will be uninterrupted or error free. Licensor does warrant that the media on which the Licensed Product is furnished will be free from defects in materials and workmanship under normal use for a period of thirty (30) days from the date of delivery (Warranty Period). Any other software and any hardware furnished with or accompanying the CD-ROM is not warranted by Licensor. Licensee's exclusive remedy under this limited warranty is the replacement of any defective physical media on which the Licensed Product is furnished, as provided below. To receive a replacement for defective media under this limited warranty, return the defective media to Supplier or Addictive Content during the Warranty Period, with proof of payment.

       4.2. EXCEPT AS PROVIDED ABOVE, THE LICENSED PRODUCT IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE LICENSED PRODUCT IS WITH LICENSEE.

5. Limitation of Liability
LICENSOR'S SOLE OBLIGATION OR LIABILITY UNDER THIS AGREEMENT IS THE REPLACEMENT OF DEFECTIVE MEDIA ACCORDING TO THE LIMITED WARRANTY ABOVE. IN NO EVENT SHALL LICENSOR BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY LOSS OF DATA, OR LOSS OF PROFITS OR LOST SAVINGS, ARISING OUT OF USE OF OR INABILITY TO USE THE SOFTWARE OR DOCUMENTATION, EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY. IN NO EVENT SHALL LICENSOR BE LIABLE FOR ANY DAMAGES.

6. General
Any CD-ROM provided to Licensee by Licensor and its contents therein shall not be exported or re-exported in violation of any export provisions of the United States or any other applicable jurisdiction. Any attempt to sublicense, assign or transfer any of the rights, duties or obligations hereunder is void. This Agreement shall be governed by and interpreted under the laws of the Commonwealth of Pennsylvania, United States of America, without regard to conflicts of law provisions. In the case of the United States Government or an agency thereof as Licensee, the following additional terms apply: Restricted Computer Software, as defined in the Rights in Data-General clause at Federal Acquisition Regulations 52.227-14; and the following legend, as applicable:
RESTRICTED RIGHTS LEGEND
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.

Addictive Content, P.O. Box 29, Morrisville, Pennsylvania 19067

LICENSEE, INTENDING TO BE LEGALLY BOUND, ACKNOWLEDGES THAT IT HAS READ AND UNDERSTANDS THIS AGREEMENT AND AGREES TO BE BOUND BY ITS TERMS. LICENSEE FURTHER AGREES THAT THIS AGREEMENT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN LICENSEE AND LICENSOR, AND SUPERCEDES ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.