MT Thumbnail Generator distribution permissions and end-user license agreement

BY INSTALLING THE SOFTWARE YOU ARE CONSENTING TO BE BOUND BY AND ARE BECOMING A PARTY TO THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, DO NOT INSTALL THE SOFTWARE. Sustained Hits MT THumbnail Generator Software END USER LICENSE AGREEMENT REDISTRIBUTION OR RENTAL NOT PERMITTED As used in this Agreement, "Sustained Hits" shall refer to Sustained Hits International Technologies Corp. LICENSE GRANT. Sustained Hits grants you a non-exclusive license to use the accompanying proprietary software product ("Software") subject to the terms of the type of license. This License does not entitle you to hard-copy documentation, support or telephone assistance except as noted. Sustained Hits will provide assistance in installing the software. Sustained Hits will maintain and operate a mailing list for peer support. TRIAL LICENSE A Trial License is provided without charge; however, this evaluation license is not free software. A Trial License may be used to evaluate the performance and functionality of Sustained Hits PerlEx as if there was a Server License. All rights and licenses to the trial version automatically expire after 15 days, after which you must purchase a license to continue using the software. For details on purchasing, please refer to the the Software provider page at FULL LICENSE With the purchase of this software you have access to support options and services. You are also entitled to all upgrades, patches or hotfixes that may come out. This license is on a permenant basis. You may only install this on one machine. If you make hardware changes you must notify us to reset your key to allow for another install. LIMITATIONS. You may not: Modify, translate, reverse engineer, decompile, disassemble (except to the extent applicable laws specifically prohibit such restriction), or create derivative works of (except as provided otherwise herein) the Software; copy or use the Software other than as specified above; rent, lease, grant a security interest in, or otherwise transfer rights to the Software; publish or provide any results of benchmark tests run on the Software to a third party without Sustained Hits`s prior written consent; or remove any proprietary notices or labels on the Software. LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL Sustained Hits OR ITS SUPPLIERS OR RESELLERS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES. IN NO EVENT WILL Sustained Hits BE LIABLE FOR ANY DAMAGES EVEN IF Sustained Hits SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM Sustained Hits`S NEGLIGENCE TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU. INDEMNIFICATION. You defend, indemnify and hold harmless Sustained Hits, its suppliers and its resellers from and against liabilities, costs, damages and expenses (including settlement costs and reasonable attorneys` fees) arising from any claims that result from or relate to the use, reproduction or distribution of your application. HIGH RISK ACTIVITIES. The Software is not fault-tolerant and is not designed, manufactured or intended for use or resale as on-line control equipment in hazardous environments requiring fail-safe performance, such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines, or weapons systems, in which the failure of the Software could lead directly to death, personal injury, or severe physical or environmental damage ("High Risk Activities"). Sustained Hits and its suppliers specifically disclaim any express or implied warranty of fitness for High Risk Activities. MISCELLANEOUS. This Agreement represents the complete agreement concerning the license granted hereunder and may be amended only by a writing executed by both parties. If any provision of this Agreement is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable. This Agreement shall be governed by British Columbia law, excluding conflict of law provisions (except to the extent applicable law, if any, provides otherwise). The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. U.S. GOVERNMENT END USERS. The Software is a "commercial item," as that term is defined in 48 C.F.R. 2.101 (Oct. 1995), consisting of "commercial computer software" and "commercial computer software documentation," as such terms are used in 48 C.F.R. 12.212 (Sept. 1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4 (June 1995), all U.S. Government End Users acquire the Software with only those rights set forth herein. TRADEMARKS. The following are trademarks of Sustained Hits International Technologies Corp.: Sustained Hits,,, Software and all future releases Copyright 2000 by Sustained Hits International Technologies Corp. All rights reserved. Rev 1.4 (06/2005)

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