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End-User License Agreement

MACROMEDIA® BREEZE™ PRESENTER ADD-IN END-USER LICENSE AGREEMENT

Please read this document carefully before proceeding.   This Agreement between you and Macromedia, Inc. (“Macromedia”) licenses certain software to you and contains warranty and liability disclaimers.   By selecting the "Accept" button, you are confirming your acceptance of the Software and agreeing to become bound by the terms of this Agreement.   If you do not wish to do so, select the "Cancel" button and do not install the Software.

1. DEFINITIONS

(a) "Macromedia Software" or “Software” means the software program covered by this Agreement, and all related updates supplied by Macromedia.

(b) "Macromedia Product" means the Macromedia Software and any related documentation, models and multimedia content (such as animation, sound and graphics), and all related updates supplied by Macromedia.

2. LICENSE

Subject to the terms and conditions of this Agreement, you may:

(a) Install and use the Macromedia Software on a network server under your control accessible only to users of your network and on any desk-top computer you have provided to an employee or contractor.   Installation of the Software may take place from a central server accessible only to users of your network or directly from the installation CD provided by Macromedia; provided, however, that, notwithstanding anything contrary contained herein, you may not install or use the Macromedia Software on any non-PC product, including, but not limited to, a web appliance, set top box (STB), handheld, phone, or web pad device; and

(b) Make one copy of the Macromedia Product in machine-readable form solely for backup purposes. You must reproduce on any such copy all copyright notices and any other proprietary legends found on the original; and

(c) Make or print copies of any included documentation up to the authorized number of installations of the Software.

Your rights under this Agreement are non-exclusive.

3. RESTRICTIONS, AUDIT RIGHT, AND TERMINATION

(a) Except as set forth in Section 2(a) you may not make or distribute copies of the Macromedia Product, or electronically transfer the Macromedia Product from one computer to another or over a network.

(b) You may not decompile, reverse engineer, disassemble, or otherwise reduce the Macromedia Software to a human-perceivable form.

(c) You may not modify, rent, resell for profit, or create derivative works based upon the Macromedia Product or any part thereof.

(d) You may not import, export, or reexport, directly or indirectly, the Macromedia Product into any country if prohibited by applicable law, including the United States Export Administration Act and the regulations issued thereunder.

(e) You agree that Macromedia may audit your use of the Macromedia Product for compliance with these terms at any time, upon reasonable notice.

(f)   In the event that you fail to fully comply with this Agreement, Macromedia may terminate the license granted herein, and you must destroy all copies of the Macromedia Product (with all other rights of either party and all other provisions of this Agreement surviving any such termination).

4. OWNERSHIP

The foregoing license gives you limited rights to use the Macromedia Product.   You do not become the owner of, and Macromedia retains title to, the Macromedia Product, and all copies thereof.   All rights not specifically granted in this Agreement, including Federal and International Copyrights, are reserved by Macromedia.

5. DISCLAIMER OF WARRANTIES AND OF TECHNICAL SUPPORT

(a) THE MACROMEDIA PRODUCT IS PROVIDED TO YOU FREE OF CHARGE, AND ON AN "AS IS" BASIS.   MACROMEDIA PROVIDES NO TECHNICAL SUPPORT OR WARRANTIES FOR THE SOFTWARE.

(b) MACROMEDIA AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES AND REPRESENTATIONS, WHETHER EXPRESS, IMPLIED, OR OTHERWISE, INCLUDING THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ALSO, THERE IS NO WARRANTY OF NON-INFRINGEMENT AND TITLE OR QUIET ENJOYMENT. MACROMEDIA DOES NOT WARRANT THAT THE MACROMEDIA PRODUCT IS ERROR-FREE OR WILL OPERATE WITHOUT INTERRUPTION. NO RIGHTS OR REMEDIES REFERRED TO IN ARTICLE 2A OF THE UCC WILL BE CONFERRED ON YOU UNLESS EXPRESSLY GRANTED HEREIN. THE MACROMEDIA PRODUCT IS NOT DESIGNED, INTENDED OR LICENSED FOR USE IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE CONTROLS, INCLUDING WITHOUT LIMITATION, THE DESIGN, CONSTRUCTION, MAINTENANCE OR OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, AND LIFE SUPPORT OR WEAPONS SYSTEMS. MACROMEDIA SPECIFICALLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR SUCH PURPOSES.

(c) IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE MACROMEDIA PRODUCT, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF DELIVERY.

(d) NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY MACROMEDIA, ITS DEALERS, DISTRIBUTORS, AGENTS OR EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF ANY WARRANTY PROVIDED HEREIN.

(e) SOME LEGAL JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.

6. LIMITATION OF LIABILITY

(a) NEITHER MACROMEDIA NOR ITS SUPPLIERS SHALL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, COVER OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR THE INABILITY TO USE EQUIPMENT OR ACCESS DATA, LOSS OF BUSINESS, LOSS OF PROFITS, BUSINESS INTERRUPTION OR THE LIKE), ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE MACROMEIDA PRODUCT AND BASED ON ANY THEORY OF LIABILITY INCLUDING BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF MACROMEDIA OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE .

(b) MACROMEDIA'S TOTAL LIABILITY TO YOU FOR ACTUAL DAMAGES FOR ANY CAUSE WHATSOEVER WILL BE LIMITED TO THE GREATER OF $50 OR THE AMOUNT PAID BY YOU FOR THE MACROMEDIA PRODUCT THAT CAUSED SUCH DAMAGE.

(c) SOME LEGAL JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OF CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.

(d) THE FOREGOING LIMITATIONS OF LIABILITY ARE INTENDED TO APPLY TO THE WARRANTIES AND DISCLAIMERS ABOVE AND ALL OTHER ASPECTS OF THIS AGREEMENT.

7. BASIS OF BARGAIN

The Disclaimer of Warranties and of Technical Support and Limitation of Liability set forth above are fundamental elements of the basis of the agreement between Macromedia and you. Macromedia would not be able to provide the Macromedia Product on an economic basis without such limitations. Such Disclaimer of Warranties and of Technical Support and Limitation of Liability inure to the benefit of Macromedia's licensors.

8. GOVERNMENT END USERS

RESTRICTED RIGHTS LEGEND The Macromedia Software is "Restricted Computer Software."   Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in this Agreement and as provided in DFARS 227.7202-1(a) and 227.7202-3(a) (1995), DFARS 252.227-7013 (OCT 1988), FAR 12.212(a )( 1995), FAR 52.227-19, or FAR 52.227-14, as applicable."   Manufacturer: Macromedia, Inc., 601 Townsend, San Francisco, CA 94103 .

9 . (Outside of the USA ) CONSUMER END USERS ONLY

The Disclaimer of Warranties and of Technical Support and Limitation of Liability contained in this Agreement do not affect or prejudice the statutory rights of a consumer (i.e., a person acquiring goods otherwise than in the course of a business).

The Disclaimer of Warranties and of Technical Support and Limitation of Liability contained in this Agreement shall apply to you only to the extent such limitations or exclusions are permitted under the laws of the jurisdiction where you are located.

10.   GENERAL

(a) This Agreement shall be governed by the internal laws of the State of California . This Agreement contains the complete agreement between the parties with respect to the subject matter hereof, and supersedes all prior or contemporaneous agreements or understandings, whether oral or written. All questions concerning this Agreement shall be directed to: Macromedia, Inc., 601 Townsend Street, San Francisco, CA 94103, Attention : General Counsel.

(b) This Agreement contains the complete agreement between the parties with respect to the subject matter hereof, and supersedes all prior or contemporaneous agreements or understandings, whether oral or written. You agree that any varying or additional terms contained in any purchase order or other written notification or document issued by you in relation to the Macromedia Software licensed hereunder shall be of no effect. The failure or delay of Macromedia to exercise any of its rights under this Agreement or upon any breach of this Agreement shall not be deemed a waiver of those rights or of the breach.   No Macromedia dealer, agent or employee is authorized to make any amendment to this Agreement.

(c) If any provision of this Agreement shall be held by a court of competent jurisdiction to be contrary to law, that provision will be enforced to the maximum extent permissible, and the remaining provisions of this Agreement will remain in full force and effect .