License Agreement

This is a legal agreement (the "Agreement") between you (either an individual or an entity), the end-user, and Pixeology.com (Pixeology).  By installing the computer software in this package ("Software"), by loading or running the Software, or by placing or copying the Software onto your computer hard drive, you are agreeing to be bound by the terms of this Agreement.  

1.  GRANT OF LICENSE.  Pixeology grants to you the right to use one (1) copy of the enclosed Software on a single specific computer.  For purposes of this section, "use" means installing the Software into RAM, as well as installation on a hard disk or other storage device.  You may make multiple installations of the Software on a single computer.  You may not:  rent, lease, distribute, modify, translate, disassemble, decompile, reverse engineer, or create derivative works based upon the Software.  

2.  COPYRIGHT.  The Software is owned by Pixeology, and is protected by United States copyright laws and international treaty provisions.  You must treat the Software like any other copyrighted material, except that you may  make one copy of the Software solely for back-up or archival purposes.  You may not otherwise reproduce, copy or disclose to others, in whole or in any part, the Software.  You may not copy the written materials accompanying the Software.

4.  OTHER RESTRICTIONS.  This Agreement is your proof of license to exercise the rights granted herein and must be retained by you.  You may not rent or lease the Software. 

5.  GENERAL PROVISIONS.  Should any provision of this Agreement be held to be void, invalid, unenforceable or illegal by a court, the validity and enforceability of the other provisions shall not be affected thereby.  If any provision is determined to be unenforceable, you agree to a modification of such provision to provide for enforcement of the provision's intent, to the extent permitted by applicable law.  Failure of a party to enforce any provision of this Agreement shall not constitute or be construed as a waiver of such provision or of the right to enforce such provision.  If you fail to comply with any terms of this Agreement, YOUR LICENSE IS AUTOMATICALLY TERMINATED.

LIMITED WARRANTY

LIMITED WARRANTY.  Pixeology warrants that if properly installed and operated on a computer for which it is designed, the Software will perform substantially in accordance with the accompanying written materials.

CUSTOMER REMEDIES.  Pixeology's entire liability and  your exclusive remedy shall be, at Pixeology's option, either (a) return of the price paid or (b) repair or replacement of the Software that does not meet Pixeology's Limited Warranty.  To make a warranty claim, return the Software to the point of purchase, accompanied by proof of purchase, your name, your address, and a statement of defect, or return the Software with the above information to Pixeology.  This Limited Warranty is void if failure of the Software has resulted in whole or in part from accident, abuse, misapplication or violation of this Agreement.  

NO OTHER WARRANTIES.  PIXEOLOGY DISCLAIMS ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE SOFTWARE AND THE ACCOMPANYING WRITTEN MATERIALS.  THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS.  YOU MAY HAVE OTHERS WHICH VARY FROM JURISDICTION TO JURISDICTION. PIXEOLOGY DOES NOT WARRANT THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED, ERROR FREE OR MEET LICENSEE'S SPECIFIC REQUIREMENTS.  THE WARRANTY SET FORTH ABOVE IS IN LIEU OF ALL OTHER EXPRESS WARRANTIES WHETHER ORAL OR WRITTEN.  THE AGENTS, EMPLOYEES, DISTRIBUTORS, AND DEALERS OF PIXEOLOGY ARE NOT AUTHORIZED TO MAKE MODIFICATIONS TO THIS WARRANTY, OR ADDITIONAL WARRANTIES ON BEHALF OF PIXEOLOGY SOFTWARE.  ADDITIONAL STATEMENTS SUCH AS DEALER ADVERTISING OR PRESENTATIONS, WHETHER ORAL OR WRITTEN, DO NOT CONSTITUTE WARRANTIES BY PIXEOLOGY AND SHOULD NOT BE RELIED UPON.

EXCLUSIVE REMEDIES.  You agree that your exclusive remedy against PIXEOLOGY, its affiliates, contractors, suppliers, and agents for loss or damage caused by any defect or failure in the Software regardless of the form of action, whether in contract, tort, including negligence, strict liability or otherwise, shall be the return of the purchase price paid or replacement of the Software.  This Agreement shall be construed in accordance with and governed by the laws of the State of North Carolina.  Copyright and other proprietary matters will be governed by United States laws and international treaties.  IN ANY CASE, PIXEOLOGY SHALL NOT BE LIABLE FOR LOSS OF DATA, LOSS OF PROFITS, LOST SAVINGS, SPECIAL, INCIDENTAL, CONSEQUENTIAL, INDIRECT OR OTHER SIMILAR DAMAGES ARISING FROM BREACH OF WARRANTY, BREACH OF CONTRACT, NEGLIGENCE, OR OTHER LEGAL THEORY EVEN IF PIXEOLOGY SOFTWARE OR ITS AGENT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY.  Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

VIOLATION OF AGREEMENT.  If you breach the provisions of this Agreement, you will be liable to Pixeology for all damages, losses, cash, and expenses incurred by Pixeology as a result of such breach, including lost profits and all the incidental and consequential damages.
