POSTERWORKS VERSION 5.0 DEMONSTRATION READ THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT CAREFULLY BEFORE INSTALLING OR RUNNING THE POSTERWORKS(r) VERSION 5.0 PROGRAM. THE POSTERWORKS VERSION 5.0 PROGRAM IS DISTRIBUTED BY DIGITAL DOWNLOAD AND ON A SINGLE CD-ROM DISK PRINTED WITH IDENTIFICATION OF THE PROGRAM, VERSION AND LICENSOR, S. H. PIERCE & CO. IF YOU ARE NOT IN POSSESSION OF THE ORIGINAL CD-ROM DISK, OR HAVE NOT DOWNLOADED AN ORIGINAL DEMONSTRATION PROGRAM INSTALLER FROM THE S. H. PIERCE & CO. WEBSITE, NO LICENSE IS GRANTED AND YOU MUST PROMPTLY CANCEL INSTALLATION. LICENSE AGREEMENT THE POSTERWORKS DEMO PROGRAM (THE "PROGRAM") IS COPYRIGHTED AND LICENSED, NOT SOLD. BY CONTINUING WITH THIS INSTALLATION, YOU ARE ACCEPTING AND AGREEING TO THE TERMS OF THIS LICENSE AGREEMENT. IF YOU ARE NOT WILLING TO BE BOUND BY THE TERMS OF THIS LICENSE AGREEMENT, YOU SHOULD PROMPTLY QUIT THE INSTALLATION PROGRAM, RETURN THE PROGRAM CD-ROM DISK, IF ANY, ALONG WITH THE CONTENTS OF THE ORIGINAL PACKAGE, AND YOU WILL RECEIVE A REFUND OF YOUR LICENSE FEE. THE TERMS OF A PRINTED LICENSE AGREEMENT INCLUDED BY S. H. PIERCE & CO. ("LICENSOR") WITH THE ORIGINAL PACKAGE SUPERCEDES THIS AGREEMENT. IN THE ABSENCE OF A PRINTED AGREEMENT, THIS DIGITAL LICENSE AGREEMENT REPRESENTS THE ENTIRE AGREEMENT CONCERNING THE PROGRAM BETWEEN YOU AND LICENSOR. 1. LICENSE GRANT. This License Agreement shall have no force or effect unless you are in possession of an original copy of the Program, provided to you on CD-ROM or by digital download from http://www.posterworks.com. By continuing with installation of the Program, you accept a nonexclusive license to use the Installation Program and the computer programs contained therein in machine-readable, object code form only (collectively referred to as the "Software"), and the accompanying User Documentation, only as authorized in this License Agreement. The Software may be used only on a single computer owned, leased, or otherwise controlled by you; or in the event of the inoperability of that computer, on a backup computer selected by you. Neither concurrent use on two or more computers nor use in a local area network or other network is permitted without separate authorization and the payment of other license fees. You agree that you will not assign, sublicense, transfer, pledge, lease, rent, or share your rights under this License Agreement. You agree that you may not reverse assemble, reverse compile, or otherwise translate the Software. Upon loading the Software into your computer, you may retain the Installation Program for backup purposes. In addition, you may make one copy of the Software for the purpose of backup in the event the Installation Program is damaged or destroyed. Any such copies of the Software or documentation shall include Licensor's copyright and other proprietary notices. Except as authorized under this paragraph, no copies of the Program or any portions thereof may be made by you or any person under your authority or control. 2. Licensor's Rights. You acknowledge and agree that the Software and the User's Manual are proprietary products of Licensor protected under U.S. copyright law. You further acknowledge and agree that all right, title, and interest in and to the Program, including associated intellectual property rights, are and shall remain with Licensor. This License Agreement does not convey to you an interest in or to the Program, but only a limited right of use revocable in accordance with the terms of this License Agreement. 3. Blank. 4. Term. This License Agreement is effective upon installation of the Program. Once effective, the license continues until terminated. You may terminate this License Agreement at any time by removing all copies of the Demonstration Program from your workstation. Licensor may terminate this License Agreement upon the breach by you of any term hereof. Upon such termination by Licensor, you agree to remove all copies of the Program from your workstation. 5. Limited Warranty. Licensor warrants, for your benefit alone, for a period of 90 days from the date of commencement of this License Agreement (referred to as the "Warranty Period") that the Program Disk on which the Software is contained is free from defects in material and workmanship. Licensor further warrants, for your benefit alone, that during the Warranty Period the Program shall operate substantially in accordance with the functional specifications in the User's Manual. If during the Warranty Period a defect in the Program appears, you may return the Program to Licensor for either replacement or, if so elected by Licensor, refund of amounts paid by you under this License Agreement. You agree that the foregoing constitutes your sole and exclusive remedy for breach by Licensor of any warranties made under this Agreement. EXCEPT FOR THE WARRANTIES SET FORTH ABOVE, THE PROGRAM, AND THE SOFTWARE CONTAINED THEREIN, ARE LICENSED "AS IS," AND LICENSOR DISCLAIMS ANY AND ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. 6. Limitation of Liability. Licensor's cumulative liability to you or any other party for any loss or damages resulting from any claims, demands, or actions arising out of or relating to this Agreement shall not exceed the license fee paid to Licensor for the use of the Program. In no event shall Licensor be liable for any indirect, incidental, consequential, special, or exemplary damages or lost profits, even if Licensor has been advised of the possibility of such damages. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. 7. Trademark. PosterWorks, the PosterWorks logo, FlipBook, the FlipBook logo and FlipPaper are registered trademarks of Licensor. No right, license, or interest to such trademarks are granted hereunder, and you agree that no such right, license, or interest shall be asserted by you with respect to such trademarks. 8. Patents. No right, license, or interest to patents of Licensor are granted hereunder, and you agree that no such right, license, or interest shall be asserted by you with respect to such patents. 9. Governing Law. This License Agreement shall be construed and governed in accordance with the laws of the State of Massachusetts. 10. Costs of Litigation. If any action is brought by either party to this License Agreement against the other party regarding the subject matter hereof, the prevailing party shall be entitled to recover, in addition to any other relief granted, reasonable attorney fees and expenses of litigation. 11. Severability. Should any term of this License Agreement be declared void or unenforceable by any court of competent jurisdiction, such declaration shall have no effect on the remaining terms hereof. 12. No Waiver. The failure of either party to enforce any rights granted hereunder or to take action against the other party in the event of any breach hereunder shall not be deemed a waiver by that party as to subsequent enforcement of rights or subsequent actions in the event of future breaches. PosterWorks(r) 5.0 (c) 1989-2013 S. H. Pierce & Co.