End-User License Agreement.

FIDELITY MEDIA, INC.

SOFTWARE LICENSE AGREEMENT FOR MEGASEG

This End-User License Agreement (“EULA”) is a legal agreement between you (either an individual or a single entity) and Fidelity Media, Inc. (“Fidelity Media”) for the software product identified above, which includes online or electronic documentation and may include computer software and associated media and printed materials (“SOFTWARE PRODUCT” or “SOFTWARE”), as well as related or supporting services provided (“SERVICES”). By installing, copying, or otherwise using the SOFTWARE PRODUCT or SERVICES, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, you are not authorized to use the SOFTWARE PRODUCT or SERVICES.

SOFTWARE PRODUCT LICENSE

The SOFTWARE PRODUCT is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The SOFTWARE PRODUCT is licensed, not sold.

1. GRANT OF LICENSE.

This EULA grants you the following rights:

• Installation and Use. You may install and use copies of the SOFTWARE PRODUCT on a single computer.
• Backup copy. You may make one copy of the SOFTWARE PRODUCT solely for backup or archival purposes.

You may use the SOFTWARE PRODUCT free of charge for thirty (30) days after it is first installed and launched. At the end of such thirty (30) day period, your license to use the SOFTWARE PRODUCT is automatically terminated unless you have purchased a license and received a serial number from Fidelity Media.

2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.

• Limitations on Reverse Engineering, Decompilation, and Disassembly. You may not reverse engineer, decompile, or disassemble the SOFTWARE PRODUCT, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
• Copyright Notices. You must maintain all copyright notices on all copies of the SOFTWARE PRODUCT.
• Distribution. You may distribute copies of the SOFTWARE PRODUCT demo version to third parties provided you do not supply any serial number to the third party, and the software was not modified in any way from how you received it from Fidelity Media.
• Rental. You may not rent, lease or lend the SOFTWARE PRODUCT.
• Software Transfer. You may permanently transfer all of your rights under this EULA, provided the recipient agrees to the terms of this EULA.
• Termination. Without prejudice to any other rights, Fidelity Media may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must destroy all copies of the SOFTWARE PRODUCT and all of its component parts.

3. COPYRIGHT AND TRADEMARKS OWNERSHIP.

All title and copyrights in and to the SOFTWARE PRODUCT and any copies thereof are owned by Fidelity Media or its suppliers. All title and intellectual property rights in and to the content which may be accessed through use of the SOFTWARE PRODUCT is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. This EULA grants you no rights to use such content.

The Fidelity Media and MegaSeg names and logos and all related names, logos, products and service names, designs and slogans are trademarks of Fidelity Media. Other names, logos, products and service names, designs and slogans that may appear on the SOFTWARE PRODUCT and SERVICES are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us.

4. FEEDBACK AND UNSOLICITED IDEA OWNERSHIP.

You may choose to or we may invite you to submit comments, feedback, suggestions, proposals, or ideas about the SOFTWARE PRODUCT or SERVICES, including without limitation to improvements of the SOFTWARE PRODUCT or SERVICES (“Ideas”). By submitting any Ideas, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place Fidelity Media under any fiduciary or other obligation, and that we are free to use the Ideas without any additional compensation to you, and/or to disclose the Ideas on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, Fidelity Media does not waive any rights to use similar or related Ideas previously known to Fidelity Media, or developed by its employees, or obtained from sources other than you.

5. U.S. GOVERNMENT RESTRICTED RIGHTS.

The SOFTWARE PRODUCT and documentation are provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software Restricted Rights at 48 CFR 52.227-19, as applicable. Manufacturer is Fidelity Media, Inc./PO Box 6478/Champaign, IL 61826.

6. EXPORT CONTROL.

You may not use or otherwise export or reexport 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 reexported (a) into 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 using the SOFTWARE PRODUCT, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use the SOFTWARE PRODUCT for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture or production of missiles, nuclear, chemical or biological weapons.

7. NO WARRANTIES.

Fidelity Media expressly disclaims any warranty for the SOFTWARE PRODUCT. The SOFTWARE PRODUCT and any related documentation is provided “as is” without warranty of any kind, either express or implied, including, without limitation, the implied warranties or merchantability, fitness for a particular purpose, or noninfringement. The entire risk arising out of use or performance of the SOFTWARE PRODUCT remains with you.

8. NO LIABILITY FOR DAMAGES.

In no event shall Fidelity Media or its suppliers be liable for any 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 this Fidelity Media product, even if Fidelity Media has been advised of the possibility of such damages. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.

9. MISCELLANEOUS.

If you acquired this product in the United States, this EULA is governed by the laws of the State of Illinois.

10. THIRD PARTY LICENSES.

11. INQUIRY.

Should you have any questions concerning this EULA, or if you desire to contact Fidelity Media for any reason, please write: Fidelity Media, Inc./PO Box 6478/Champaign, IL 61826.