1. IMPORTANT, PLEASE READ CAREFULLY:
YOU SHOULD READ THE FOLLOWING TERMS AND CONDITIONS BEFORE CHECKING "I AGREE" ON THE DOWNLOAD WEB PAGE. THIS END-USER LICENSE AGREEMENT ("EULA") IS A LEGAL AGREEMENT BETWEEN YOU (EITHER AN INDIVIDUAL OR A SINGLE ENTITY), THE END USER, AND CYAN CANYON FOR THE CYAN CANYON SOFTWARE PRODUCT WHICH INCLUDES COMPUTER SOFTWARE AND MAY INCLUDE ASSOCIATED MEDIA, PRINTED MEDIA, AND "ON-LINE" OR ELECTRONIC DOCUMENTATION (COLLECTIVELY, "SOFTWARE PRODUCT"). BY INSTALLING, COPYING, OR OTHERWISE USING THE SOFTWARE PRODUCT, YOU AGREE TO BE BOUND BY THE TERMS OF THIS EULA. IF YOU DO NOT AGREE TO THE TERMS OF THIS EULA, YOU MAY NOT INSTALL, COPY, DOWNLOAD OR USE THE SOFTWARE PRODUCT. IF YOU DO NOT AGREE, DO NOT CHECK "I AGREE." YOU AGREE THAT YOUR USE OF THE SOFTWARE ACKNOWLEDGES THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.

By downloading, installing or using any software obtained via the CYAN CANYON, then the legal notices, site terms, and privacy policy as posted on the CYAN CANYON Website are expressly incorporated herein by reference and shall govern your downloading, installation, and any usage of the software.

2. OWNERSHIP
It is hereby understood and agreed that CYAN CANYON, a Florida business with offices at Port Charlotte, Florida 33981 (Licensor) is the owner of all right title and interest to the Software Product, regardless of the media or form of the original download, whether by the World Wide Web, disk or otherwise. You, as licensee (Licensee) through your downloading, installing, copying or use of this product do not acquire any ownership rights to the Software Product.

3. GENERAL
The Software Product is licensed, not sold, to you by Cyan Canyon for use only under the terms of this EULA. The Software Product is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The rights granted herein are limited to Cyan Canyon's and its licensors' intellectual property rights in the Software Product and do not include any other patents or intellectual property rights. The terms of this EULA will govern any software upgrades provided by Cyan Canyon that replace and/or supplement the original Software Product, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern.

4. SOFTWARE PRODUCT

The Software Product, as used in this EULA, means, collectively and/or as applicable:
1. The Software Product package;
2. Any and all contents, components, attachments, software, media, and code with which this Agreement is provided and delivered via the Web Site;
3. Any and all images, photographs, art, art work, clip art, fonts or other artistic works (the "Art Work");
4. Related explanatory written materials and instructions, and any other possible documentation related thereto ("Documentation"); and
5. Upgrades, modified versions, updates, additions and copies of the Software Product (the "Upgrades"), if any, licensed to by Cyan Canyon under this EULA.

5. GRANT OF LICENSE AND RESTRICTIONS
A. Cyan Canyon grants you a non-exclusive, non-transferable End-User license right to install the Software Product on the local hard disk(s) or other permanent storage media of one computer and use the Software Product on a single computer or terminal at a time. Licensee may physically transfer the Program between computers provided that it is used on only one computer at any given time.

B. Cyan Canyon authorizes the End-User to make one (1) copy of the Software Product as an archival backup copy, provided End-User's backup copy is not installed or used on any computer. Any other copies you make or authorize are in violation of this EULA.

C. Unless provided otherwise in the Documentation or by prior express written consent of Cyan Canyon, you shall not display, modify, reproduce and distribute any Art Work, or portion(s) thereof, included with or relating to the Software Product, if any. Any such authorized display, modification, reproduction and distribution shall be in full accord with this EULA. Under no circumstances will your use, display, modification, reproduction and distribution of the Art Work give you any Intellectual Property or Proprietary Rights of the Art Work. All rights, title, and interest belong solely to Cyan Canyon.

D. Except for the initial loading of the Software Product on a hard disk or other permanent storage media for archival/backup purposes as provided for above, you shall not, without Cyan Canyon's express written consent:

1. Copy or reproduce the Software Product;
2. Electronically transfer the Software Product through a LAN (local area network) or other network system or "bulletin board" systems; or
3. Modify, adapt, or create derivative works based on the Software Product or any accompanying materials.

6. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS
A. From time to time, at Cyan Canyon's sole discretion, Cyan Canyon may provide you with support services related to the Software Product ("Support Services"). Cyan Canyon reserves the right to alter, suspend, and terminate the Support Services at any time and for any reason. Use of Support Services is governed by this EULA and Cyan Canyon's Policies and Guidelines, available for download and viewing on the Cyan Canyon Corporate Web Site.

B. Any supplemental software, code, content, or media provided to you in the course of Support Services shall be considered part of the Software Product and subject to the terms and conditions of this EULA.

C. Cyan Canyon retains all right, title, and interest in and to the Software Product, and any rights not granted to you herein are reserved by Cyan Canyon. You hereby expressly agree not to extract information, reverse engineer, disassemble, decompile, or translate the Software Product, or otherwise attempt to derive the source code of the Software, except to the extent allowed under any applicable law. In the event that such activities are permitted by applicable law, any information you, or your authorized agent, discover shall be promptly disclosed to Cyan Canyon and shall be deemed the confidential information of Cyan Canyon.

D. You shall not modify, sublicense, assign, or transfer the Software Product or any rights under this EULA, except as expressly provided in this EULA. Any attempt to other sublicense, assign, or transfer any of the rights, duties, or obligations will be void.

E. You may permanently transfer all of your rights under this EULA, provided you retain no copies, you transfer all of the Software Product (including all component parts, the media and printed materials, any upgrades, this EULA, and all modifications and portions of the program contained or merged into other provisions). The other party must agree to accept the terms and conditions of the EULA.

7. ALL RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE RESERVED BY CYAN CANYON
Reserved by Cyan Canyon

8. TERM
A. This License is effective until terminated. Licensee may terminate it at any time by destroying the Software Product with all copies, full or partial, and removing all of its component parties.

B. Your rights under this EULA will terminate automatically without notice from Cyan Canyon if you fail to comply with any term(s) or condition(s) of this EULA. In such event, no notice shall be required by Cyan Canyon to effect such termination.

C. Upon termination of this EULA, you shall cease all use of the Software Product and destroy all copies, full or partial, together with all backup copies, modifications, printed or written materials, and merged portions in any form and remove all component parts of the Software Product.

9. INTELLECTUAL PROPERTY RIGHTS
A. Cyan Canyon shall retain all right, title, and interest in the Software Product and to any modifications or improvements made thereto, and any upgrades, updates or Documentation provided to End-User. End-User will not obtain any rights in the Software Product, its updates, upgrades, and Documentation, as a result of its responsibilities hereunder.

B. End-User acknowledges Cyan Canyon's exclusive rights in the Software Product and that the Software Product is unique and original to Cyan Canyon and that Cyan Canyon is owner thereof. Unless otherwise permitted by law, End-User shall not, at any time during or after the effective Term of the Agreement, dispute or contest, directly or indirectly, Cyan Canyon's exclusive right and title to the Software Product or the validity thereof.

C. End-User shall not attempt to develop any Software Product that contains the "look and feel" of any of the Software Product.

10. U.S. GOVERNMENT END USERS
The Software Product and related documentation are "Commercial Items," as that term is defined at 48 C.F.R. ' 2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation," as such terms are used in 48 C.F.R. ' 12.212 or 48 C.F.R. ' 227.7202-1 through 227.7202-4, as applicable. The Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States.

11. EXPORT LAW ASSURANCES
You may not use or otherwise export or re-export the Software Product except as authorized by United States law and the laws of the jurisdiction in which the Software Product was obtained. In particular, but without limitation, the Software Product may not be exported or re-exported (a) into (or to a nation or resident of) 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 installing or using any component of the Software Product, you represent and warrant that you are not located in, under control of, or a national or resident of any such country or on any such list.

12. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SOFTWARE PRODUCT IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE PRODUCT IS PROVIDED "AS IS," WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND CYAN CANYON AND CYAN CANYON'S AFFILIATES (COLLECTIVELY REFERRED TO AS "CYAN CANYON" FOR THE PURPOSES OF SECTIONS 10 AND 11) HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SOFTWARE PRODUCT, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. CYAN CANYON DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SOFTWARE PRODUCT, THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE PRODUCT WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SOFTWARE PRODUCT WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE PRODUCT WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY CYAN CANYON OR A CYAN CANYON AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE SOFTWARE PRODUCT PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.

13. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CYAN CANYON, ITS AFFILIATES OR LICENSEES, BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE PRODUCT OR THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IF CYAN CANYON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, CYAN CANYON'S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS EULA SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE PRODUCT; PROVIDED HOWEVER, IF YOU HAVE ENTERED INTO A SUPPORT SERVICES AGREEMENT, CYAN CANYON'S ENTIRE LIABILITY REGARDING SUPPORT SERVICES SHALL BE GOVERNED BY THE TERMS OF THAT AGREEMENT. BECAUSE SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

14. CONTROLLING LAW AND SEVERABILITY
This EULA shall be governed by and construed in accordance with the laws of the State of Florida, without giving effect to any principles of conflicts of law. You agree to submit to the jurisdiction of Florida for any and all disputes, claims and actions arising from or in connection with any materials on this Web site. This EULA shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. If any provision of this Agreement is held to be unlawful, illegal or unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. This EULA is the entire agreement between you and Cyan Canyon and its licensors including their licensors and suppliers relating to the subject matter herein. It may not be modified except in writing, signed by all applicable parties and supersedes in their entirety any and all written or oral agreements previously existing between us with respect to such subject matter.

For further information relating to the legal issues contained in this terms of use agreement, contact us.