Software License Agreement

END-USER LICENSE AGREEMENT FOR TECHSMITH SOFTWARE -- Snagit

IMPORTANT-READ CAREFULLY: This TechSmith Software License Agreement
("TSLA") is a legal agreement between you (either an individual or a single
entity) and TechSmith Corporation for the TechSmith software product
identified above, which includes computer software and associated media and
printed materials, and may include "online" or electronic documentation
("SOFTWARE PRODUCT" or "SOFTWARE").  By installing, copying, or otherwise
using the SOFTWARE PRODUCT, you agree to be bound by the terms of this
TSLA. If you do not agree to the terms of this TSLA, promptly return the
unused SOFTWARE PRODUCT to the place from which you obtained it for a full
refund.

SOFTWARE PRODUCT LICENSE

The SOFTWARE PRODUCT is protected by copyright laws and international
copyright treaties, as well as other intellectual property laws and
treaties.  The SOFTWARE PRODUCT is licensed, not sold.

1. GRANT OF LICENSE
This TSLA grants you the following rights:

The following section, Systems Software applies to all versions of the 
SOFTWARE PRODUCT unless the Help > About dialog in the SOFTWARE PRODUCT 
specifies a Multi-user version.

Systems Software -  You may install and use one copy of the SOFTWARE
PRODUCT on a single computer at a time and only by one user at a time.

Systems Software (Multi-user) -  You may install and use copies of the 
SOFTWARE PRODUCT, up to, but not to exceed, the number of licenses shown on
your purchase record ("primary copy").

Each primary user of the SOFTWARE PRODUCT specified above, may also install
and use an additional copy of the SOFTWARE PRODUCT on a portable device or 
home computer ( not both ), providing this copy is not used concurrently with
the primary copy.

Network Storage/Use -  You may also store or install a copy of the SOFTWARE
PRODUCT on a storage device, such as a network server, used only to install
or run the SOFTWARE PRODUCT on your other computers over an internal
network; however, you must acquire and dedicate a license for each separate
computer on which the SOFTWARE PRODUCT is installed or run from the storage
device.  

Concurrent Use - A license for the SOFTWARE PRODUCT may not be used
concurrently on different computers.

2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.
Limitations on Reverse Engineering, Decompilation, and Disassembly -  You
may not reverse engineer, decompile, or disassemble the SOFTWARE PRODUCT.

Separation of Components -  The SOFTWARE PRODUCT is licensed as a single
product.  Its component parts may not be separated for use on more than one
computer.

Rental -  You may not rent or lease the SOFTWARE PRODUCT.

Software Transfer -  You may not permanently transfer all of your rights under
this TSLA without the prior written consent of TechSmith.

Termination -  Without prejudice to any other rights, TechSmith may
terminate this TSLA if you fail to comply with the terms and conditions of
this TSLA.  In such event, you must destroy all copies of the SOFTWARE
PRODUCT and all of its component parts.

Development License Restrictions - These restrictions apply to a licensee who
develops Application Software that utilizes SOFTWARE PRODUCT in a 
commercially distributed application.
(i)   Must purchase a license of SOFTWARE PRODUCT for each copy of the 
      Application Software sold;
(ii)  SOFTWARE PRODUCT is not the sole or primary component of such 
      Application Software; 
(iii) You must give proper acknowledgment of the copyright of TECHSMITH; 
(iv)  Must not be used to create a software application that competes with 
      or is intended to compete with, directly or indirectly, the 
      SOFTWARE PRODUCT; 
(v)   The Application Software must add significant value to the 
      SOFTWARE PRODUCT 
All other uses that fall outside the scope of the TSLA must receive the 
prior written permission of TechSmith.

3. UPGRADES
If the SOFTWARE PRODUCT is an upgrade from another product,
whether from TechSmith or another supplier, you may use or transfer the
SOFTWARE PRODUCT only in conjunction with that upgraded product, unless you
destroy the upgraded product.  If the SOFTWARE PRODUCT is an upgrade of a
TechSmith product, you now may use that upgraded product only in accordance
with this TSLA.  If the SOFTWARE PRODUCT is an upgrade of a component of a
package of software programs that you licensed as a single product, the
SOFTWARE PRODUCT may be used and transferred only as part of that single
product package and may not be separated for use on more than one computer.

4. COPYRIGHT
All title and copyrights in and to the SOFTWARE PRODUCT (including but not
limited to any images, photographs, animations, video, audio, music, text,
and "applets," incorporated into the SOFTWARE PRODUCT), the accompanying
printed materials, and any copies of the SOFTWARE PRODUCT, are owned by
TechSmith or its suppliers.  The SOFTWARE PRODUCT is protected by copyright
laws and international treaty provisions.  Therefore, you must treat the
SOFTWARE PRODUCT like any other copyrighted material except that you may
either (a) make one copy of the SOFTWARE PRODUCT solely for backup or
archival purposes, or (b) install the SOFTWARE PRODUCT on a single computer
provided you keep the original solely for backup or archival purposes.  You
may not copy the printed materials accompanying the SOFTWARE PRODUCT.  
Copyrights and trademarks may not be used on online auction sites without 
the express prior written permission of TechSmith.


5. INJUNCTIVE RELIEF
The parties agree that if you utilize or otherwise uses any of the Software
Product in an unauthorized manner, or breach the remaining terms and 
conditions of this TSLA, that such use or breach would have a devastating 
and serious impact on TechSmith’s continuing ability to compete profitably 
and would, therefore, result in immediate and irreparable injury, loss or 
damage to TechSmith.  The parties agree that in such event, in addition to
TechSmith’s  right to recover damages for a breach of this TSLA, TechSmith
would be entitled to obtain a temporary restraining order or a preliminary
injunction from a court of competent jurisdiction to prevent the You, your
employees, agents, consultants, or independent contractors from engaging
in any further use of the Software Product or the continued breach of the 
remaining terms and conditions of this TSLA.


6. DUAL-MEDIA SOFTWARE
You may receive the SOFTWARE PRODUCT in more than one medium.  Regardless
of the type or size of medium you receive, you may use only one medium that
is appropriate for your single computer.  You may not use or install the
other medium on another computer.  You may not loan, rent, lease, or
otherwise transfer the other medium to another user.


7. U.S. GOVERNMENT RESTRICTED RIGHTS
The SOFTWARE PRODUCT and documentation are provided with RESTRICTED RIGHTS.
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 or
subparagraphs (c)(1) and (2) of the Commercial Computer Software-Restricted
Rights at 48 CFR 52.227-19, as applicable.  Manufacturer is:
TechSmith Corporation
2405 Woodlake Drive           
Okemos, MI, 48864-5910 USA


8. MISCELLANEOUS
This TSLA is governed by the laws of the State of Michigan, and the parties
to this Agreement waive personal service of any and all process upon them 
and consent that all such service of process be made by registered mail and
shall be deemed to be completed five (5) business days after the same shall
have been deposited in the United States mail, postage prepaid.  You waive
any objection based on forum non conveniens and any objection to venue of
any action instituted under this Agreement by TechSmith in any jurisdiction.  


Should you have any questions concerning this TSLA, or if you desire to
contact TechSmith for any reason, please contact the TechSmith subsidiary
serving your country, or write:

TechSmith Corporation
2405 Woodlake Drive
Okemos, MI 48864-5910 USA

Phone:   +1 517-381-2300
Fax:     +1 800-576-7339 (USA Only)
Sales:   sales@techsmith.com
Support: http://support.techsmith.com
WWW:     http://www.techsmith.com

9. LIMITED WARRANTY
TechSmith warrants that (a) the SOFTWARE PRODUCT will perform substantially
in accordance with the accompanying written materials for a period of
ninety (90) days from the date of receipt, and (b) any hardware
accompanying the SOFTWARE PRODUCT will be free from defects in materials
and workmanship under normal use and service for a period of one (1) year
from the date of receipt.  Some states and jurisdictions do not allow
limitations on duration of an implied warranty, so the above limitation may
not apply to you.  To the extent allowed by applicable law, implied
warranties on the SOFTWARE PRODUCT and hardware, if any, are limited to
ninety (90) days and one year, respectively.


10. CUSTOMER REMEDIES
TechSmith's and its suppliers' entire liability and your exclusive remedy
shall be, at TechSmith's option, either (a) return of the price paid, or
(b) repair or replacement of the SOFTWARE PRODUCT or hardware that does not
meet TechSmith's Limited Warranty and which is returned to TechSmith with a
copy of your receipt.  This Limited Warranty is void if failure of the
SOFTWARE PRODUCT or hardware has resulted from accident, abuse, or
misapplication. Any replacement SOFTWARE PRODUCT or hardware will be
warranted for the remainder of the original warranty period or thirty (30)
days, whichever is longer. Outside the United States, neither these
remedies nor any product support services offered by TechSmith are
available without proof of purchase from an authorized international
source.


11. NO OTHER WARRANTIES
To the maximum extent permitted by applicable law, TechSmith and it’s
suppliers disclaim all other warrantees, either express or implied,
including, but not limited to, implied warrantees of merchantability and
fitness for a particular purpose, with regard to the software product, and
any accompanying hardware.  This limited warranty gives you specific legal
rights.  You may have others, which vary from state/jurisdiction to
state/jurisdiction.


12. NO LIABILITY FOR CONSEQUENTIAL DAMAGES
To the maximum extent permitted by applicable law, in no event shall
TechSmith or it’s suppliers be liable for any special, incidental,
indirect, or consequential damages whatsoever (including, without
limitation, damages for loss of business profits, business interruption,
loss of business information, or any other pecuniary loss) arising out of
the use of or inability to use the software product, even if TechSmith has
been advised of the possibility of such damages.  Because some states and
jurisdictions do not allow the exclusion or limitation of liability for
consequential or incidental damages, the above limitation may not apply to
you.


13.  SURVIVAL
The restrictions and obligations as contained in this TSLA which You have
voluntarily agreed to shall survive any expiration, termination or 
cancellation of this TSLA , and shall continue and remain in effect for 
one year, said period commencing on the day and year first written above 
to bind You, and your employees, agents, successors, heirs and assigns.


14. INTEGRATION
This TSLA sets forth the entire Agreement and understanding between the
parties as to the subject matter of this Agreement and supersedes all
prior discussions, representations, and amendments of understandings of 
every kind and nature between them.


15. AMENDMENTS
Except as otherwise provided in this TSLA, this Agreement may not be 
amended, altered, or any of its provisions waived on behalf of ether 
party, except in writing executed by both parties’ duly authorized agent.


16. ASSIGNABILITY
This Agreement and the rights and duties under this Agreement may not be
assigned by you without prior written consent of TechSmith.


17. BENEFIT
This TSLA shall be binding upon and inure to the benefit of TechSmith 
and its successors and permitted assigns.


18. COUNTERPARTS
This TSLA may be executed in one or more counterparts, each of which 
shall be enforceable against the party actually executing the 
counterparts, and all of which together shall constitute one instrument.


19. CAPTIONS
Captions contained in this Agreement are inserted for reference and in 
no way define, limit, extend or describe the scope of the TSLA or intent
of any provision in the TSLA.


20. SEVERABILITY
If any provision of this TSLA becomes or is declared by a court of 
competent jurisdiction to be illegal, unenforceable, or void, this TSLA 
shall continue in full force and effect without said provision; provided,
however, that no such severability shall be effective if it materially 
changes the economic benefit of the TSLA to the other party.


21. AUTHORITY TO EXECUTE
You warrant and represent to TechSmith that this TSLA shall be binding 
upon You once executed, and that the individual executing this document
is authorized or has been empowered to do so.



 
