THIS AGREEMENT EXPRESSES THE TERMS AND CONDITIONS ON WHICH YOU MAY USE THIS SOFTWARE PROGRAM AND ASSOCIATED DOCUMENTATION THAT SHANE GOLDBERG / PRO PHOTO SECRETS (hereinafter referred to as "THE AUTHOR") IS FURNISHING OR MAKING AVAILABLE TO YOU WITH THIS AGREEMENT (COLLECTIVELY, THE "SOFTWARE"). PLEASE REVIEW THE FOLLOWING TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT CAREFULLY BEFORE INSTALLING OR USING THE SOFTWARE. BY INSTALLING, COPYING OR OTHERWISE USING THE SOFTWARE, YOU AND YOUR COMPANY (COLLECTIVELY, "YOU") ARE ACCEPTING AND AGREEING WITH THE TERMS OF THIS LICENSE AGREEMENT. IF YOU ARE NOT WILLING TO BE BOUND BY THIS AGREEMENT, DO NOT INSTALL OR USE THE SOFTWARE. VARIOUS COPYRIGHTS AND OTHER INTELLECTUAL PROPERTY RIGHTS PROTECT THE SOFTWARE. THIS AGREEMENT IS A LICENSE AGREEMENT THAT GIVES YOU LIMITED RIGHTS TO USE THE SOFTWARE AND NOT AN AGREEMENT FOR SALE OR FOR TRANSFER OF TITLE. THE AUTHOR RETAINS ALL RIGHTS NOT EXPRESSLY GRANTED BY THIS AGREEMENT. The author forbids, under any circumstances, the unauthorized reproduction of the Software or use of illegally obtained software. Making illegal copies of the Software is prohibited. Individuals who violate copyright law and software licensing agreements may be subject to criminal or civil action by the owner of the copyright.

GENERAL INFORMATION

Pro Photo Secrets (Pro Photo Secrets Video Tutorials) is supplied under the terms of a software licence agreement.

In all cases, we respect the privacy requirements regarding all information supplied to us, and we undertake not to pass any information on to any third parties.

LICENCE CONDITIONS
Multi Computer, Single Computer, Professional and Educational licences are available for Pro Photo Secrets. The following conditions apply to these licence types.
The Pro Photo Secrets software licence is non-transferable. It cannot be passed on to another office (site) of an organisation.

Educational Licence
The Educational licence applies to recognised educational institutions. It does not allow the use of Pro Photo Secrets in any way for commercial gain or profit. This restriction applies to any research under contract for commercial gain, including such research undertaken by educational institutions. There is no restriction in terms of software capabilities in this version.

A separate Professional Licence must be purchased for use of the Software for any professional (non-educational) purposes.

An Educational Licence discount is available for new software licence (not for upgrades). Upgrade from Educational licence to Professional Licence is available upon request.

Site (Office) Definition
The Pro Photo Secrets software licence is given per institution and available for use within that educational institutions geographical boundaries dependant upon the amount of actual licenses purchased for concurrent use at anyone time.

No Additional Services
The Customer agrees that there are to be no programming services or any other services of any nature or kind whatsoever to be provided under this License Agreement by the Supplier in relation to the Licensed Programs, including, without limitation, any services in relation to any errors, malfunctions or defects which may arise during the term of this License Agreement, except where these services are rendered through a further agreement between the parties and, in that event, at such rates and for such fees and other amounts as are agreed upon between the parties at the time such further agreement is entered into.

1. LICENCE GRANT
Upon the terms and conditions of this Agreement, the Author grants you a nonexclusive, nontransferable license to use the Software on a computer server and only for purposes of operating an electronic commerce store on the Internet.

2. PROPERTY RIGHTS AND RESTRICTIONS

2.1 Ownership. The Software and all modifications or enhancements to, or derivative works based on the Software, whether created by the Author or you, and all copyrights, patents, trade secrets, trademarks and other intellectual property rights protecting or pertaining to any aspect of the Software or any such modification, enhancement or derivative work are and shall remain the sole and exclusive property of the Author. This Agreement does not convey title or ownership to you but instead gives you only the limited rights set forth in this Agreement.

2.2 Limited Rights. Pursuant to this Agreement, It is strictly prohibited under this Agreement to transfer the Software and license to any party, residing / incorporated in the territories set out in the Schedule "A" without Author's written permission. Except as expressly set forth in this Agreement, you have no right to use, make, sublicense, modify, transfer or copy either the original or any copies of the Software or to permit anyone else to do so. You may not allow any third party to use or have access to the Software. It is illegal to copy the Software and install that single program for simultaneous use on multiple machines unless it is expressly stated in your agreement.

2.3 Proprietary Notices. You may not remove, disable, modify, or tamper with any copyright, trademark or other proprietary notices and legends contained within the code of the Software.

2.4 Confidentiality. The Software and the templates contain valuable trade secrets and proprietary information belonging to Author. You must keep confidential and protect from unauthorized disclosure all that program code, all templates and all information that Author expressly designates as confidential or that you reasonably should understand to be confidential or proprietary.

3. WARRANTIES, DISCLAIMERS AND EXCLUSIVE REMEDIES

3.1 We warrant that the Soft will substantially operate as described in the applicable program documentation for 1 year after you install on your intranet. If ordered, technical support can be provided based on the then current policies for the applicable services ordered. This Software/tutorials are provided "as is" and these warranties do not guarantee that the Soft will perform error-free or uninterrupted, or that we will correct all program errors. These warranties are exclusive and take the place of all other express or implied warranties or conditions including warranties or conditions of merchantability, satisfactory quality, and fitness for a particular purpose. If we cannot substantially correct a breach of our warranties, in a commercially reasonable manner, you may end your program license and recover the license fees or technical support fees paid to us under this license agreement, as applicable. This is your exclusive remedy.

4. LIMITATION OF LIABILITY

Neither party shall be liable for any indirect, incidental, special, punitive, or consequential damages, or any loss of profits, revenue, data, or data use. Our maximum liability for any damages whether in contract or tort will not exceed the fees which you have paid to us or are payable to us for this order, and if such damages result from your use of the Soft or technical support, the liability shall be limited to the fees paid or payable for the Soft or technical support.

5. TERM

The license is effective until terminated. You may terminate it at any other time by deleting the Soft together with all copies, modifications and merged portions in any form. It will also terminate upon conditions set forth elsewhere in this Agreement or if you fail to comply with any term or condition of this Agreement. You agree upon such termination to delete the Soft together with all copies, modifications and merged portions in any form.

6. GENERAL

If any provision of this Agreement is declared void or unenforceable by any judicial authority, this shall not nullify the remaining provisions of the Agreement which shall remain in full force and effect. You may not sublicense, assign or transfer the license or the Soft except as expressly provided in this Agreement. Any attempt to otherwise sublicense, assign or transfer any of the rights, duties or obligations hereunder is null and void. This Agreement is governed by English law. Any dispute arising out or in connection with this agreement including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration under the Rules of the Australian Legal System which Rules are deemed to be incorporated by reference into this clause. The place of arbitration shall be Adelaide, Australia.

The Initial Developer of the Original Code is SHANE GOLDBERG / Pro Photo Secrets Portions created by SHANE GOLDBERG / Pro Photo Secrets are © Copyright 2005 All Rights Reserved.

6. COPYING MEDIA

You may make 1 (one) single back up copy of the DVD for your own personal use. This is not permitted to be then used by other people(s) or entities. It is for the sole purpose of back up only.

If you or your organisation is found guilty of making copies for sale then criminal charges will be laid, the license will be revoked with no further licenses issued. The Pro Photo Secrets media is protected by Copyright law both within Australia and internationally and heavy penalties apply for breach of that law.

SCHEDULE A: export restrictions

It is strictly prohibited under this Agreement to transfer the Software and license to any party, residing/incorporated in any of the following territories:

1. Armenia;
2. Azerbaijan;
3. Belarus;
4. China;
5. Georgia;
6. India;
7. Indonesia;
8. Kazakhstan;
9. Kyrgyzstan;
10. Republic of Moldova;
11. Russian Federation;
12. Tajikistan;
13. Turkmenistan;
14. Ukraine;
15. Uzbekistan;
16. Viet Nam;

By paying for your licence(s) you agree to the terms and conditions set out in the “Software licence agreement”.

Have a great day!
Kind Regards,