User guide

KeylightThe Foundry

APPENDIX C

End User License Agreement

Finally, if the Software is an "Educational Version," Licensee may use it only for the purpose of training and instruc-

tion, and for no other purpose. Educational Versions of the Software may not be used for commercial, professional or

for-profit purposes.

SECTION 3. BACK-UP COPY.

Notwithstanding Section 2, Licensee may store one copy of the Software and Documentation off-line and off-site in

a secured location owned or leased by Licensee in order to provide a back-up in the event of destruction by fire,

flood, acts of war, acts of nature, vandalism or other incident. In no event may Licensee use the back-up copy of the

Software or Documentation to circumvent the usage or other limitations set forth in this Agreement.

SECTION 4. OWNERSHIP.

Licensee acknowledges that the Software and Documentation and all intellectual property rights relating thereto are

and shall remain the sole property of The Foundry and the Third Party Licensors. Licensee shall not remove, or allow

the removal of, any copyright or other proprietary rights notice included in and on the Software or Documentation or

take any other action that could adversely affect the property rights of The Foundry or any Third Party Licensor. To

the extent that Licensee is authorized to make copies of the Software or Documentation under this Agreement,

Licensee shall reproduce in and on all such copies any copyright and/or other proprietary rights notices provided in

and on the materials supplied by The Foundry hereunder. Nothing in this Agreement shall be deemed to give Licensee

any rights in the trademarks, service marks, patents, trade secrets, copyrights or other intellectual property rights of

The Foundry or any Third Party Licensor, and Licensee shall be strictly prohibited from using the name, trademarks or

service marks of The Foundry or any Third Party Licensor in Licensee's promotion or publicity without The Foundry's

express written approval.

SECTION 5. LICENSE FEE.

Licensee understands that the benefits granted to Licensee hereunder are contingent upon Licensee's payment in full

of the license fee payable in connection herewith (the "License Fee").

SECTION 6. TAXES AND DUTIES.

Licensee agrees to pay, and indemnify The Foundry from claims for, any local, state or national tax (exclusive of taxes

based on net income), duty, tariff or other impost related to or arising from the transaction contemplated by this

Agreement.

SECTION 7. LIMITED WARRANTY.

The Foundry warrants that, for a period of ninety (90) days after delivery of the Software: (a) the machine readable

electronic files constituting the Software and Documentation shall be free from errors that may arise from the elec-

tronic file transfer from The Foundry and/or its authorized reseller to Licensee; and (b) to the best of The Foundry's

knowledge, Licensee's use of the Software in accordance with the Documentation will not, in and of itself, infringe

any third party's copyright, patent or other intellectual property rights. Except as warranted, the Software and Doc-

umentation is being provided "as is." THE FOREGOING LIMITED WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES

OR CONDITIONS, EXPRESS OR IMPLIED, AND The Foundry DISCLAIMS ANY AND ALL IMPLIED WARRANTIES OR CON-

DITIONS, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF TITLE, NON-INFRINGEMENT, MERCHANT-