Mixtur Interactive, Inc.
Software License Agreement for Pixel Show

Single Use License

PLEASE READ THIS SOFTWARE LICENSE AGREEMENT ("LICENSE") CAREFULLY BEFORE USING THIS SOFTWARE. BY USING THE SOFTWARE, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO THE TERMS OF THE LICENSE, DO NOT USE THE SOFTWARE. IF THIS SOFTWARE WAS ACCESSED ELECTRONICALLY, CLICK "DISAGREE/DECLINE" TO ABORT THE INSTALLATION PROCESS.

1. General. The software and documentation accompanying this License (collectively the "Mixtur Software") are licensed, not sold, to you by Mixtur Interactive, Inc. ("Mixtur") for use only under the terms of this License, and Mixtur reserves all rights not expressly granted to you. The rights granted herein are limited to Mixtur's intellectual property rights and proprietary technologies that are present in the Mixtur Software and exclude any other patents or intellectual property rights. The terms of this License will govern any software upgrades provided by Mixtur that replace and/or supplement the original Mixtur Software product, unless such upgrade is accompanied by a separate license, in which case the terms of that license will govern.

2. Permitted License Uses and Restrictions. This License allows you to install and use one copy of the Mixtur Software, with a corresponding encoded serial key ("ESN"), if required, on a single computer at a time. This License does not allow the Mixtur Software to exist on more than one computer at a time if more than one computer will use the same ESN. You may not make the Mixtur Software available over any network where it could be used by more than one computer at a time. You may make backup copies of the Mixtur Software in machine-readable form as required to fulfill a backup strategy provided that the backup copies include all documentation, copyright or other proprietary notices distributed with the original. Except as and only to the extent expressly permitted in this License or by applicable law, you may not copy, decompile, reverse engineer, disassemble, modify, or create derivative works of the Mixtur Software or any part thereof.

THE MIXTUR SOFTWARE IS NOT INTENDED FOR USE IN THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL SYSTEMS, LIFE SUPPORT MACHINES OR OTHER EQUIPMENT IN WHICH THE FAILURE OF THE MIXTUR SOFTWARE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE.

3. Transfer. You may not rent, lease, lend or sublicense the Mixtur Software, nor may you transfer the rights granted to you in the license to a third party either temporarily or permanently.

4. Termination. This License is effective until terminated. Your rights under this License will terminate automatically without notice from Mixtur if you fail to comply with any term(s) of this License. Upon the termination of this License, you agree to stop using the Mixtur Software governed by this License.

5. General Warranty. Mixtur products are sold or offered subject to limited warranties. Particular Mixtur products may be offered with the addition of different warranties. Mixtur reserves the right to modify or alter its warranties at any time, without notice to the Customer.

6. Applicability. Mixtur products contain proprietary intellectual property owned by Mixtur and/or third parties. Particular Mixtur Software may be sold with the addition of different software license terms.

7. Changes in Terms and Conditions. Mixtur reserves the right to modify or alter its software license terms at any time, and without notice to the Customer.

8. Disclaimer of Warranties. EXCEPT AS PROVIDED IN THE WARRANTY STATEMENTS SET OUT ABOVE, OR IN WARRANTIES PROVIDED WITH MIXTUR PRODUCTS, MIXTUR MAKES NO OTHER WARRANTIES, AND SPECIFICALLY DISCLAIMS ANY OTHER WARRANTIES. THE WARRANTY STATEMENTS SET OUT ABOVE, AND THE WARRANTIES PROVIDED WITH MIXTUR PRODUCTS, ARE IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF MERCHANTIBILITY OF FITNESS FOR A PARTICULAR PURPOSE.

9. Limitation of Liability and Remedies. IN NO EVENT WILL MIXTUR OR ITS SUBSIDIARIES, AFFILIATES, SUBCONTRACTORS OR SUPPLIERS BE LIABLE FOR ANY OF THE FOLLOWING:

ACTUAL LOSS OR DIRECT DAMAGE THAT IS NOT LISTED IN THE PARAGRAPH ABOVE; DAMAGES FOR LOSS OF DATA, OR SOFTWARE RESTORATION; OR INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING DOWNTIME COSTS OR LOST PROFITS).

THE REMEDIES IN THIS AGREEMENT ARE CUSTOMER'S SOLE AND EXCLUSIVE REMEDIES.

10. Export Law Assurances. You may not use, export, or re-export the Mixtur Software except as authorized by United States law and the laws of the jurisdiction in which the Mixtur Software was obtained. In particular, but without limitation, the Mixtur Software not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By using the Mixtur Software, you represent and warrant that you are not located in, under control of, or a national resident of any such country or on any such list.

11. Governing Law/Exclusive forum. The interpretation, construction, and enforcement of the License will be governed by the domestic laws of the State of Washington as applied to agreements entered into and to be performed entirely within Washington between residents of Washington. Any action requiring the interpretation, construction, or enforcement of the License must be brought in a state or federal court in the federal judicial district where the Customer resides or in Kitsap County, Washington. This License shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.

12. Severability. If any provision of the License is deemed to be unenforceable, illegal, or otherwise invalid by a court of competent jurisdiction, that provision and all remaining provisions will be enforced to the greatest extent possible.

13. Complete Agreement. This License constitutes the entire agreement between the parties with respect to the use of the Mixtur Software licensed hereunder and supersedes any prior or contemporaneous agreement or representation regarding the subject matter. Any attempt to alter, supplement or amend the License will not be binding unless otherwise agreed to in writing and signed by both the Customer and an authorized representative of Mixtur.

14. Governing Language. Any translation of this License is done for local requirements and in the event of a dispute between the English and any non-English versions, the English version of this License shall govern.