TERMS-OF-SERVICE AND LICENSE AGREEMENT, Oct 1, 2011

PLEASE READ THIS FIRST. THIS IS A LICENSE AGREEMENT and TERMS OF SERVICE.

CRAYENS IS WILLING TO LICENSE THE ACCOMPANYING SOFTWARE TO YOU ONLY UPON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS CONTAINED IN THIS LICENSE AGREEMENT AND ANY SUPPLEMENTARY OR UNIQUE LICENSE TERMS INCLUDED HEREWITH ("AGREEMENT").

READ THE TERMS AND CONDITIONS OF THIS AGREEMENT CAREFULLY BEFORE CONTINUING WITH THE LOADING OF THIS SOFTWARE. BY SELECTING THE "NEXT" or "INSTALL" BUTTON, YOU ARE CONSENTING TO BE BOUND BY ALL THE TERMS OF THE LICENSE AGREEMENT AND THE SOFTWARE WILL BE INSTALLED.

IF YOU ARE NOT WILLING TO BE BOUND BY THIS AGREEMENT AND YOU DO NOT AGREE TO ALL ITS TERMS AND CONDITIONS, DO NOT DOWNLOAD AND INSTALL THE SOFTWARE.

YOUR USE OF THE SOFTWARE INDICATES YOUR ASSENT TO BE BOUND BY THE LICENSE TERMS SET FORTH BELOW.

YOUR REPRESENTATION
You represent and warrant that you have the adequate legal capacity to enter into this Agreement. You further represent and warrant that you will use the Software only for lawful purposes and in accordance with this Agreement, and that you will not use the Software to violate any law, regulation or ordinance or any right of Crayens or any third party, including, without limitation, any right of privacy, publicity, copyright, patent or trademark.

In case of contradiction between any provision of this Agreement and any provision in any of the Crayens Terms of Service documents, the provision of this Agreement shall prevail.

Crayens grants to you a nonexclusive limited license to use and copy the Software, provided that you agree to the following:

USE OF THE SOFTWARE.
You may install the Software in a single location on a single hard disk or other storage device; post and make available the software on a network file server for the purpose of installation onto hard disks or other storage devices or use of the software over such network; and make backup copies of the software. You may make unlimited copies of the software and give copies to other persons or entities, including downloading the software from the Internet or similar on-line source, so long as all such copies contain this Agreement and the same copyright and other proprietary notices that appear on or in the software.

COPYRIGHT/PROPRIETARY RIGHTS.
The Software is owned by Crayens, and its structure, organization and code are the valuable trade secrets of Crayens. The Software is also protected by copyright law and international treaty provisions. CRAYENS, THE KIDS LOGO or the KID LOGO, are trademarks and/or servicemarks and/or will be applied for Trademark/Service mark of Crayens. No license is granted to you in this Agreement, either expressly or implicitly, to use any trademark and/or servicemark and/or names and/or or logos and/or copywrited materials which belongs to Crayens.

RESTRICTIONS.
You agree not to rent, lease, modify, adapt, translate, reverse engineer, decompile, or disassemble the Software or otherwise attempt to discover the source code of the Software except to the extent permitted by law where this is indispensable to obtain the information necessary to achieve interoperability of an independently created program with the Software or with another program and such information is not readily available from Crayens.

You understand and acknowledge that this Agreement provides for the copying and distribution of the Software in its entirety and does not allow for partial distribution of any of the components (.dlls or other files) that make up the Software. Creating derivatives of the Software is strictly prohibited. Redistribution of: (i) the Software that is integrated with other technology as a component or standalone product and does not provide end user access to the complete Crayens Painter install process, including this Agreement; (ii) incomplete, modified, reverse engineered, or otherwise altered copies of the Software, is not permitted and will result in termination of this Agreement, in addition to any other rights or remedies of Crayens.

COPYING THE SOFTWARE EXCEPT AS PERMITTED BY THIS END USER LICENSE AGREEMENT IS COPYRIGHT INFRINGEMENT UNDER THE LAWS OF YOUR COUNTRY. IF YOU COPY THE SOFTWARE IN VIOLATION OF THIS END USER LICENSE AGREEMENT THEN YOU ARE VIOLATING THE LAW. YOU MAY BE LIABLE TO CRAYENS FOR DAMAGES AND YOU MAY BE SUBJECT TO CRIMINAL PENALTIES.

NO WARRANTY.
The Software is provided to you "AS IS," and you acknowledge that it may contain errors. Crayens disclaims any warranty or liability obligations to you of any kind.

CRAYENS DO NOT AND CANNOT WARRANT THE RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE. CRAYENS MAKE NO WARRANTIES, EXPRESS OR IMPLIED, AS TO NONINFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE. IN NO EVENT WILL CRAYENS BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY.

Some states or jurisdictions do not allow the exclusion or limitation of incidental, consequential or special damages, or the exclusion of implied warranties or limitations on how long an implied warranty may last, so the above limitations may not apply to you.

DISCLAIMER.
COMPUTER PAINTER SOFTWARE IS A TOOL INTENDED TO BE USED BY TODDLER AND KIDS. THEY ARE NOT SUBSTITUTES FOR YOUR PROFESSIONAL JUDGMENT AS AN ADULT. DUE TO THE LARGE VARIETY OF POTENTIAL APPLICATIONS AND ENVIROMENTS FOR THE SOFTWARE, THE SOFTWARE HAS NOT BEEN TESTED IN ALL SITUATIONS UNDER WHICH IT MAY BE USED. CRAYENS SHALL NOT BE LIABLE IN ANY MANNER WHATSOEVER FOR THE RESULTS OBTAINED THROUGH THE USE OF THE SOFTWARE. THE PARENT OR ADULT SUPERVISOR IS RESPONSIBLE FOR THE SUPERVISION AND CONTROL OF THE SOFTWARE AND THE PROPER USE OF IT. THIS RESPONSIBILITY INCLUDES, BUT IS NOT LIMITED TO, THE DETERMINATION OF APPROPRIATE USES FOR THE SOFTWARE BY THE USER. CRAYENS DOES NOT RECOMMEND OR EMBRACE USAGE OF THE SOFTWARE BY MINORS WITHOUT ADULT SUPERVISION AND GUIDANCE, AND WILL NOT BE HELD LIABLE IN ANY CASE TO ANY DAMAGES ACCRUED BY MISUSE OF THE COMPUTER AND/OR OPERATING SYSTEM AND/OR 3RD PARTY SOFTWARE ACCRUED BY THE USER.

LIMITATION OF LIABILITY.
IN NO EVENT WILL CRAYENS BE LIABLE FOR ANY LOSS OR DAMAGES OF ANY KIND, INCLUDING LOSS OF DATA, DAMAGED HARDWARE, DAMAGED OPERATING SYSTEM, DAMAGED 3RD PARTY SOFTWARE, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, COST OF COVER OR OTHER SPECIAL, DAMAGE OR HARM CAUSED TO THE END USER, INCIDENTAL, CONSEQUENTIAL OR INDIRECT DAMAGES ARISING OUT OF THE USE OF THE SOFTWARE, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY. THIS LIMITATION WILL APPLY EVEN IF CRAYENS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. YOU ACKNOWLEDGE THAT THE NO CHARGE LICENSE FEE REFLECTS THIS ALLOCATION OF RISK.

In no event will Crayens liability with respect to this Agreement exceed the greater of the amount you paid (if you paid) to Crayens for the Software

TRANSFER OF RIGHTS.
Crayens may transfer, assign sublicense or pledge in any manner whatsoever, any of its rights and obligations under this Agreement to a subsidiary, affiliate, successor thereof or to any third party whatsoever, without notifying you or receiving your consent.

SURVIVAL.
The provisions of this Agreement addressing restrictions on use, disclaimers of representations and warranties, indemnity obligations, intellectual property, and governing law shall survive the termination of this Agreement, your use of the CRAYENS Software.

GOVERNING LAW AND GENERAL PROVISIONS.
This Agreement will be governed by the laws of the country in which you acquired the Software, excluding the application of its conflicts of law rules. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. If any part of this Agreement is found void and unenforceable, it will not affect the validity of the balance of the Agreement, which shall remain valid and enforceable according to its terms. You agree that the Software will not be shipped, transferred or exported into any country or used in any manner prohibited by the United States Export Administration Act or any other applicable export control law, restriction or regulation. This Agreement shall automatically terminate upon failure by you to comply with its terms. This Agreement may only be modified in writing signed by an authorized officer of Crayens.

Copyright (c) 2010 - 2012 Crayens. ALL RIGHTS RESERVED

Crayens - Copyright © 2012 Crayens. All Rights Reserved.