SOFTWARE LICENSE FOR DIGITAL PICSHARE (the "License Agreement")

Read the terms and conditions of the following license carefully before using the Digital PicShare software. Use of the Digital PicShare software indicates your acceptance of the terms and conditions of this license. If you do not agree with it, you should promptly remove the Digital PicShare software from your computer.

DIGITAL PICSHARE SOFTWARE LICENSE

1. Grant of License. You are granted a license to use the Digital PicShare software program subject to the license restrictions set forth below.

2. Restrictions on Use. You may use the Digital PicShare software on any number of computers. You may make as many copies of the Digital PicShare software as you wish, as long as each copy includes ALL components of the software.

3. Copyright. The Digital PicShare software is Copyright © 2003, Sean P. Gardner. All Rights Reserved. Ownership is protected by copyright laws and international treaties.

4. Foundation software. Digital PicShare was developed using the Microsoft.NET Framework, and requires the Microsoft.NET Runtime to operate. You must install the Microsoft.NET Runtime before you can install Digital PicShare. The Microsoft.NET Runtime is proprietary software owned by Microsoft Corporation and is governed under a separate license. When you install the Microsoft.NET Runtime, you must agree to its End User License Agreement, which is a separate agreement from this License Agreement.

5. Transfer of the Digital PicShare software. You may permanently transfer the Digital PicShare software to another party if the other party agrees to accept the terms and conditions of this license.

6. Redistribution. You may freely distribute copies of the Digital PicShare software, provided the copies meet the requirements in the Restrictions on Use above, to other parties if the other parties agree to accept the terms and conditions of this license.

7. Source code. You may obtain Digital PicShare source code from the Digital PicShare web site at http://www.DigitalPicShare.com. You may redistribute the original source. You may modify the source code, so long as your modifications are clearly marked, including your name. Your source modifications may not remove any notice of original authorship by Sean P. Gardner. Your source modifications may not remove any notice of modification by subsequent developers. You must make your modified source code freely available to other developers.

8. Term. This license is effective until terminated. You may terminate it at any time by destroying the Digital PicShare software together with all copies in any form. It will also terminate if you fail to comply with any term or condition of this license. You agree upon such termination to destroy the Digital PicShare software together with all copies in any form.

LIMITED WARRANTY

Author does not warrant that the functions contained in the Digital PicShare software will meet your requirements or that the operation of the Digital PicShare software will be uninterrupted or error free. You assume responsibility for operation of the Digital PicShare software to achieve your intended results, and for the installation, use, and results obtained from the Digital PicShare software.

The Digital PicShare software may contain hypertext links to third party web sites or information. The author does not make any warranty, endorsement, sponsorship, or recommendation of the third party, the third-party web site, or the information contained therein. The author is not responsible for the availability of any such web site or liable for the content thereon. You need to make your own decisions regarding your interactions or communications with any other web site.

Subject to any applicable legislation which prohibits the following exclusions, THE AUTHOR MAKES NO OTHER WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Some states and countries, including England and Australia, do not allow the exclusion of implied warranties, or have legislation that imposes certain statutory warranties that cannot be excluded, so the above exclusion may not apply to you. This warranty gives you specific legal rights and you may also have other rights.

LIMITATIONS OF REMEDIES

Subject to any applicable legislation which prohibits the following limitations, the author's entire liability and your exclusive remedy shall be the replacement of the Digital PicShare software. This remedy is not available if failure of the Digital PicShare software or media is the result of misuse, abuse, or a failure to follow the operating instructions in the accompanying written materials.

IN NO EVENT WILL THE AUTHOR BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, INCLUDING ANY LOST PROFITS, LOST SAVINGS, OR OTHER DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some states and countries, including England and Australia, do not allow the limitation or exclusion of liability for incidental or consequential damages, or have legislation which restricts the limitation or exclusion of liability, so the above limitation may not apply to you.

GENERAL

This license is governed by the laws of the State of Minnesota, United States of America.

U.S. GOVERNMENT RESTRICTED RIGHTS

The Digital PicShare Software and documentation are provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the Government is subject to restrictions as set forth in subdivision (b)(3)(ii) of The Rights in Technical Data and Computer Software clause 252.227-7013. Contractor/manufacturer is Sean P. Gardner, 138 West 43rd Street, Minneapolis, Minnesota, 55409.

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