FxFoto distribution permissions and end-user license agreement

License Agreement

This 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 a 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 as follows. One additional copy may be made for backup purposes only. The Licensee may also copy the Software onto one additional computer 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. Versions of the Software intended for portable media devices may be installed on a single device only and used with only one computer at a time.

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", "Creative" or "Media", 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" is licensed without charge for an unlimited period but may require on-line registration. Viewer and Plug-In software do not require registration and 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.

Distributor may make and distribute copies of FxFoto Standard Edition without charge, given that:

1. Distributor agrees not to bundle or associate FxFoto with other software or media which is spy-ware, ad-ware, virus infected, pornography or which would otherwise significantly detract from Triscape Inc`s or FxFoto`s reputation.

2. Distributor agrees to take reasonable precautions to protect Triscape Inc`s copyrights and trademarks. FxFoto and Triscape are registered trademarks of Triscape Inc. FxFoto is copyright by Triscape Inc and Triscape Inc retains all rights not expressly granted and retains ownership of all copies.

3. Distributor agrees to copy the latest FxFoto version found on the web at http://www.fxfoto.com/download/FxFotoSetup.exe and to update to future versions of FxFoto when Distributor can reasonably do so.

4. Distributor agrees not to modify or omit any part of the FxFoto software including the FxFoto user license (which can also be found at http://www.fxfoto.com/tslicense.htm). Distributor acknowledges that FxFoto is provided to users "as is" without warranty.

5. Distributor acknowledges that Triscape Inc expects to derive income by encouraging FxFoto users to purchase FxFoto upgrades directly from Triscape Inc. Distributor agrees to a reasonable extent not to take any action or make any public statement that would discourage FxFoto users from upgrading or hamper their ability to contact Triscape Inc.

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