Persony Software Evaluation License Agreement

This Persony Software Evaluation License Agreement (“Agreement”) is an agreement between you and Persony, Inc. (“Company”). Company is willing to license an evaluation version of its proprietary software, including “Persony VShow LE”, “Persony VShow”, and “Persony VShow Professional” (“Software”), to you only upon the condition that you accept all the terms contained in this Agreement. Please read this Agreement carefully before installing or using the software. By installing or using the software you indicate that you agree to be bound by the terms of this Agreement.

1. License and Restrictions

 a. Company grants to you a nonexclusive, nonassignable, non-sublicensable, revocable, time-limited license for use of the Software. You acknowledge that the Software may expire, time-out, have limited functionality, contain bugs, errors, and other problems.

 b. Company reserves the right to add additional features, updates, or to provide programming fixes to the Software. You acknowledge and agree that Company has no obligation to make available to you any subsequent versions of the Software. You further acknowledge that subsequent versions of the Software may not be compatible with any data you create with the Software. You also agree that you may have to enter into a renewed version of this Agreement in the event you want to install or use a new version of the Software.

 c. You will not sell, assign, rent, lease, distribute, export, import, act as an intermediary or provider, or otherwise grant rights to third parties with regard to the Software, unless you have obtained written permission from Company.

 d. You will not undertake, cause, permit or authorize the modification, creation of derivative works, translation, reverse engineering, decompiling, disassembling or hacking of the Software.

 e. The Software is the sole and exclusive property of Persony, Inc., including all applicable rights to patents, copyrights, trademarks and trade secrets and is provided for your exclusive use for the purposes of this Agreement.

 f. You will not remove any designation mark from any supplied material that identifies such material as belonging to or developed by Company or their respective copyright holders.

 g. All title and intellectual property rights in and to the content which may be accessed through use of the Software are the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties.

 h. You acknowledge and agree to use the Software solely for lawful purposes. Transmission or storage of any information, data or material in violation of any US Federal or State regulation or law is prohibited. This includes, but is not limited to, material protected by copyright, trade secret, or any other statute, threatening material, or obscene material. You agree to indemnify and hold harmless Company any claims resulting from your use of the Software which damages either you or another party or parties.

2. Termination and Transfer of Agreement

a. Company may terminate this Agreement at any time by providing notice on its corporate website and/or by discontinuing your access to the Software.

b. You may terminate this Agreement at any time by destroying all copies of the Software, including any updates, in your possession.

c. Company reserves the right to assign or transfer this Agreement, to an affiliate or a third-party. In the event Company does so, it will place a notice of the transfer on its corporate website.

3. Disclaimer of Warranty

a. NO WARRANTIES. THE SOFTWARE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PERSONY, INC. DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTY AGAINST INFRINGEMENT, WITH REGARD TO THE SOFTWARE.

b. NO LIABILITY FOR DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PERSONY, INC. 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 OR INABILITY TO USE THE SOFTWARE, EVEN IF PERSONY, INC. 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.

This Agreement shall be governed by and construed in accordance with the laws of the State of California without regard to the conflicts of laws provisions thereof.