Scala software licensing agreementThis License Agreement is between Scala, Inc. ("Scala") and usersand/or purchasers of the Scala Software ("the Licensee").Please carefully read this license Agreement before installing theScala Software. The rights in the Scala Software granted herein areoffered on the condition that the Licensee agrees to all terms andconditions of this License Agreement. If you do not agree to the termsand conditions of this License Agreement, you may request a refund ofyour sale price from your Electronic Distribution Partner. Installingand/or using the Scala Software indicates the Licensee's acceptance ofthe terms and conditions of this License Agreement.Scala SoftwareThe Scala Software ("the Software") includes collectively object codesoftware and graphical, textual, and audio information ("Scala Data").Scala retains sole and exclusive ownership of the Software, includingany modifications, additions or enhancements thereto, excluding anyLicensee Works as defined below. Except as expressly provided herein,Licensee agrees that under no circumstance shall it, or shall it causeor permit any third party to, (a) reproduce, modify or copy the Softwareand associated documentation; (b) provide, rent, sell, lease or otherwisetransfer the Software or any copy or part thereof or use it for thebenefit of a third party; or (c) reverse assemble, reverse compile orreverse engineer the Software, or otherwise attempt to discover anySoftware source code or underlying confidential information. TheSoftware is protected by copyrights, trademarks and other rights ownedby Scala, Inc.Microsoft SoftwareIncluded with the Scala Software is Microsoft Software includingDirectX 6.1 and the Windows Media Player ("Redistributable Code")which is the property of Microsoft Corporation and its suppliersand is protected by copyright law and international treaty provisions.Licensee is hereby granted a limited, non-exclusive, revocable,non-sublicensable, non-transferable right to use the RedistributableCode on only one single-user computer and only in conjunction withMicrosoft operating system products. Except as expressly providedin the foregoing sentence, Licensee is not authorized to reproduceand distribute the Redistributable Code. Microsoft reserves allrights not expressly granted. Licensee may not reverse engineer,decompile, or disassemble the Redistributable Code, except andonly to the extent that such activity is expressly permitted byapplicable law notwithstanding this limitation.THE REDISTRIBUTABLE CODE IS PROVIDED TO THE LICENSEE"AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS ORIMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIEDWARRANTIES OF MERCHANTABILITY AND/OR FITNESS FOR APARTICULAR PURPOSE. YOU ASSUME THE ENTIRE RISK AS TOTHE ACCURACY AND THE USE OF THE REDISTRIBUTABLE CODE.MICROSOFT SHALL NOT BE LIABLE FOR ANY DAMAGESWHATSOEVER ARISING OUT OF THE USE OF OR INABILITY TOUSE THE REDISTRIBUTABLE CODE, EVEN IF MICROSOFT HASBEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.Software Upgrade:If the Software is an upgrade from another Scala product("Eligible Previous Software"), you must be a valid licensee ofthat Eligible Previous Software. You may not transfer yourlicense to the Eligible Previous Software unless you also transferto the same party your license to this Software. You may nottransfer your license to this Software unless you either alsotransfer to the same party your license to the Eligible PreviousSoftware or destroy all copies of the Eligible Previous Software.A single license of an Eligible Previous Software may only be usedfor a single upgrade license.If the Software is an upgrade of a Scala product, you may only usethat Eligible Previous Software in accordance with this Scalasoftware license agreement.If the software is an upgrade of a component of a package of softwareprograms that you licensed as a single product, the product may beused and transferred only as part of the single product package andmay not be separated for use on more than one computer.Licensee's Rights to the SoftwareA. The SoftwareScala hereby grants to Licensee a limited, non-exclusive, revocable,non-sublicensable, non-transferable right to use the Software ononly one single-user computer.If the Software is provided as a trial version, the grant of thelicense to use the Software shall be on an "AS IS" basis andsubject to the stated or enforced limitations of the trial.Licensee agrees to cease use and destroy all copies upon theexpiration of any trial period, use limitation, or passage of theexpiration date. Scala grants to Licensee the license solely forthe purpose of evaluation of the Software in order to determinewhether Licensee would like to enter into a permanent license forthe Software.B. The Scala DataScala hereby grants to Licensee a limited, non-exclusive, revocable,non-sublicensable, non-transferable right to use the Scala Data ononly one single-user computer and to create derivative works of theScala Data ("Licensee Works"). Licensee shall own the Licensee Workssubject to Scala's rights in the Scala Data. Licensee hereby grantsto Scala an unlimited, fully transferable, sublicensable, irrevocable,fully paid-up license to any Licensee Works which Licensee provides toScala.Transfer of Rights in SoftwareLicensee may not transfer or sublicense any rights to use thisSoftware without the prior written consent of Scala, Inc. and any suchattempted transfer or sublicense shall be null and void.Scala Services and InformationScala also hereby grants to Licensee revocable, limited, non-exclusiveaccess and rights to use the Scala's internet web site and relatedmaterials ("Scala Network"). Scala expressly reserves the right tomodify, terminate, limit, or alter the Scala Network, the contentsthereof, any materials related thereto, or Licensee's access thereto.Licensee expressly agrees and acknowledges that:1) Any information posted on the Scala Network, including withoutlimitation information posted during the registration procedure isavailable and freely accessible by the public and Scala may grant,license, assign or disclose such information in its sole discretion;2) Scala may gather and disclose or distribute in its sole discretionstatistics and other information concerning the Software, the ScalaNetwork, Scala's websites, their use or any information provided byany users thereof, including without limitation software andconfiguration, provided that if published will be done only inaggregate form;3) Scala may use, grant, license or disclose any information gatheredby or disclosed to Scala as provided above for commercial purposesprovided that an individual Licensee shall have a reasonableopportunity to 'opt-out' of any such advertising;4) It shall indemnify and hold harmless Scala, its officers,directors, employees, subsidiaries, suppliers and affiliates for anyaction taken or statement made by Licensee on or in connection withthe Scala Network including, without limitation, any claims ofdefamation or intellectual property infringement.If you acquired this software in Canada, you agree to the following:The parties hereto have expressly required that the present Agreementand its Exhibits be drawn up in the English language. / Les partiesaux prsentes ont expressment exig que la prsente convention et sesAnnexes soient rediges en langue anglaise.Limited WarrantySCALA WARRANTS ONLY THAT THE SOFTWARE WILL PERFORMSUBSTANTIALLY IN ACCORDANCE WITH THE ACCOMPANYING WRITTENMATERIALS FOR A PERIOD OF 90 DAYS FROM THE DATE OF RECEIPTOF THE SOFTWARE BY LICENSEE. THE SCALA NETWORK AND ANYINFORMATION PROVIDED THEREIN, WHETHER BY SCALA OR BY ANYTHIRD PARTY IS PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS.SCALA DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIEDINCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OFTITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.Customer RemediesSCALA AND ITS SUPPLIERS' ENTIRE LIABILITY AND YOUR EXCLUSIVEREMEDY SHALL BE, AT SCALA'S SOLE OPTION: A. RETURN OF THEPRICE PAID BY LICENSEE ; OR B. REPAIR OR REPLACEMENT OFSOFTWARE WHICH IS RETURNED TO SCALA WITH A COPY OF THEINVOICE OR RECEIPT. THIS LIMITED WARRANTY IS VOID IF FAILUREOF THE SOFTWARE OR HARDWARE HAS RESULTED FROM ACCIDENT,ABUSE, OR MISAPPLICATION. ANY REPLACEMENT SOFTWARE ORHARDWARE WILL BE WARRANTED FOR THE REMAINDER OF THE ORIGINALWARRANTY AGREEMENT PERIOD (OR FOR 30 DAYS, WHICHEVER ISLONGER). OUTSIDE OF THE UNITED STATES AND CANADA, NEITHEROF THESE REMEDIES NOR ANY PRODUCT SUPPORT SERVICES OFFEREDBY SCALA ARE AVAILABLE WITHOUT PROOF OF PURCHASE FROM ANAUTHORIZED RESELLER.No Liability for Consequential DamageTO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NOEVENT SHALL SCALA OR ITS SUPPLIERS BE LIABLE FOR ANY DAMAGESWHATSOEVER (INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSSOF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESSINFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THEUSE OF OR INABILITY TO USE THIS SCALA PRODUCT EVEN IF SCALAHAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSESOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OFLIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTALDAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.U.S. Government Restricted RightsTHE SOFTWARE, HARDWARE AND DOCUMENTATION PROVIDED WITH THISPRODUCT BEAR RESTRICTED RIGHTS. USE, DUPLICATION, ORDISCLOSURE BY THE GOVERNMENT IS SUBJECT TO RESTRICTIONS ASSET FORTH IN SUBPARAGRAPH (c)(1)(ii) OF THE RIGHTS INTECHNICAL DATA AND COMPUTER SOFTWARE CLAUSE AT DFARS252.227-7013 OR SUBPARAGRAPHS (c)(1) AND (2) OF THECOMMERCIAL COMPUTER SOFTWARE RESTRICTED RIGHTS AT 48 CFR52.277-19, AS APPLICABLE. MANUFACTURER IS SCALA, INC., 26672AGOURA ROAD, CALABASAS, CALIFORNIA 91302 USA.THIS AGREEMENT IS GOVERNED BY THE LAWS OF THE STATE OFCALIFORNIA.SHOULD YOU HAVE ANY QUESTIONS CONCERNING THIS AGREEMENT, ORIF YOU DESIRE TO CONTACT SCALA FOR ANY REASON, PLEASECONTACT YOUR LOCAL SCALA SUBSIDIARY OR WRITE TO SCALA AT THECORPORATE OFFICE LISTED BELOW:Scala, Inc.26672 Agoura Rd.Calabasas, CA 91302USAPhone & Web:(818) 673-1300(818) 673-1399 FAXhttp://www.scala.com