Capture One Software License Agreement Updated: March 2006 PLEASE READ THIS SOFTWARE LICENSE AGREEMENT CAREFULLY BEFORE USING THE 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 THIS LICENSE, PROMPTLY RETURN THE SOFTWARE TO THE PLACE WHERE YOU OBTAINED IT FOR A REFUND 1. License. The software and any parts accompanying this License whether on disk, in read only memory or any other media (the Software) are licensed, not sold, to you for use only under the terms of this license agreement. You own the media on which the Software is recorded but Phase One and/or Phase One's licensor(s) retain title to the Software. The Software in this package and any copies, which this License authorizes you to make, are subject to this License. 2. Grant of License. 2.1 Phase One hereby grants to you the following non-exclusive rights in respect of the Software subject to your fulfillment of the relevant criteria. The rights granted to you are personal and non-transferable. 2.2 Evaluation License. You may use a copy of the evaluation version of the Software, (comprising the evaluation version of the programs and any accompanying documentation), for evaluation purposes only without charge for a period of up to 30 days. If you wish to continue to use the Software after expiry of the evaluation period you must pay the License fee and obtain a full License. For details of payment, please refer to the Purchase Information in the package or visit our website at: www.phaseone.com. When Phase One has received payment you will receive a License Number, with which you can unlock any locked or disabled functionality in the evaluation version of the Software. 2.3 Single User License. This License is for one person to use, provided that you have obtained from Phase One a Single User License Number. The Single User License can only be used on one computer at a time. However, it may be installed on up to 2 computers. You are allowed to create one copy of the Software in machine-readable form for backup purposes only. The backup copy must include all copyright information contained on the original. Except as permitted by applicable law and this License, you may not decompile, reverse engineer, disassemble, modify, rent, lease, loan, distribute, sub-license, create derivative works from the Software or transmit the Software over a network. Your rights under this License will terminate automatically without notice from Phase One if you fail to comply with any term(s) of this License. 2.4 Multi User License. You may install the Software on each of your company’s computers/server(s), up to the Permitted Number provided that you have obtained from Phase One a Multi User License. Multi user Limitations and Restrictions: You may not permit any user outside your company’s internal network or computer property of your company to install using your company’s product code. Nor are you allowed to emulate your Software from their Computer (e.g. multi-user authorizing). To request additional Software usage rights, please contact Phase One. 3. Limited Warranty on Media. Phase One warrants the media on which the Software is recorded to be free from defects in materials and workmanship under normal use for a period of ninety (90) days from the date of original retail purchase. Your exclusive remedy under this paragraph shall be, at Phase One's option, a refund of the purchase price of the product containing the Software or replacement of the Software, which is returned to Phase One, or a Phase One authorized representative with a copy of the receipt. This Limited Warranty and any implied warranties on the media including the implied warranties of merchantability and fitness for a particular purpose are limited in duration to ninety (90) days from the date of original retail purchase. Some jurisdictions do not allow limitation on how long an implied warranty last, so this limitation may not apply to you. The limited warranty set forth herein is exclusive and in lieu of all others, whether oral or written, express or implied. Phase One specifically disclaims all other warranties. This limited warranty gives you specific legal rights, and you may also have other rights, which vary by jurisdiction. 4. Disclaimer of Warranty on Software. You expressly acknowledge and agree that use of the Software is at your sole risk. The Software is provided "AS IS" and without warranty of any kind and Phase One and Phase One's licensor(s) (for the purpose of provisions 4 and 5, Phase One and Phase One's licensor(s) shall be collectively referred to as "Phase One") expressly disclaim all warranties, express or implied, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose. Phase One does not warrant or make any representations regarding the use or the results of the software or related documentation in terms of their correctness, accuracy, reliability, or otherwise. No oral or written information or advice given by Phase One or a Phase One authorized representative shall create a warranty. Should the software prove defective, you (and not Phase One or a Phase One authorized representative) assume the entire cost of all necessary servicing, repair or correction. Some jurisdictions do not allow the exclusion so this limitation may not apply to you. 5. Limitation of Liability. Under no circumstances, including negligence, shall Phase One be liable for any incidental special, indirect or consequential damages arising out of or relating to this license. Some jurisdictions do not allow this limitation of incidental or consequential damages so this limitation may not apply to you. In no event shall Phase One's total liability to you for all damages exceed the amount paid for this License to the Software. 6. Controlling Law and Severability. This License shall be governed by the laws of the Kingdom of Denmark. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of this License shall continue in full force effect. 7. Complete Agreement. This License constitutes the entire agreement between the parties with respect to the use of the Software and supersedes all prior or contemporaneous understandings regarding such matter. No amendment to or modification of this License will be binding unless in writing and signed by Phase One.