MACROMEDIA WEB PLAYER LICENSE AGREEMENT

1. Definitions

(a) "Macromedia 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 This Agreement allows you to:

(a) Use the Macromedia Product on a single computer.

(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.

(c) Certain rights are not granted under this Agreement, but may be available under a separate agreement. If you would like to enter into a Site or Network License, please contact Macromedia.

3. Restrictions

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. You may not decompile, reverse engineer, disassemble, or otherwise reduce the Macromedia Software to a human-perceivable form. You may not modify, sell, rent, transfer, resell for profit, distribute or create derivative works based upon the Macromedia Product or any part thereof. You will not export or reexport, directly or indirectly, the Macromedia Product into any country prohibited by the United States Export Administration Act and the regulations thereunder.

4. Ownership

The foregoing license gives you limited rights to use the Macromedia Product. You do not become the owner of, and Macromedia and its suppliers retain 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

The Macromedia Product is provided to you free of charge, and on an "AS IS" basis, without any technical support or warranty of any kind from Macromedia including, without limitation, a warranty of merchantability, fitness for a particular purpose and non-infringement. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS WHICH VARY FROM STATE TO STATE. These limitations or exclusions of warranties and liability 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.

6. Limitation of damages

NEITHER MACROMEDIA NOR ITS SUPPLIERS SHALL BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR LOSS (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF MACROMEDIA OR ITS REPRESENTATIVES HAVE 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 THIS LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. The limited warranty, exclusive remedies and limited liability set forth above are fundamental elements of the basis of the bargain between Macromedia and you. You agree that Macromedia would not be able to provide the Macromedia Software on an economic basis without such limitations.

7. Government end users (USA only) 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., 600 Townsend, San Francisco, CA 94103.

8. General

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., 600 Townsend Street, San Francisco, CA 94103, Attention: General Counsel.

Macromedia Web Player End-User License Agreement 06/08/2000

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