VeprIT SOFTWARE LICENSE AGREEMENT PLEASE READ THIS SOFTWARE LICENSE AGREEMENT ("LICENSE") CAREFULLY BEFORE INSTALLING OR USING THE VEPRIT SOFTWARE ("SOFTWARE"). BY INSTALLING OR USING THE VEPRIT SOFTWARE, YOU ARE AGREEING TO BE BOUND BY THIS AGREEMENT, UNLESS THE SOFTWARE IS PURCHASED IN THE APPLE MAC APP STORE, IN WHICH CASE THE SOFTWARE IS COVERED BY THE STANDARD MAC APP STORE LICENSE AGREEMENT. IF YOU DO NOT AGREE TO ALL THE TERMS OF THIS LICENSE (OR OF THE MAC APP STORE LICENSE AGREEMENT IF THE SOFTWARE IS PURCHASED ON MAC APP STORE), YOU CANNOT INSTALL OR USE THE VEPRIT SOFTWARE, AND YOU MUST REMOVE ANY COPIES OF THE PRODUCT YOU HAVE. 1. General. VeprIT grants to you a non-exclusive and non-transferable license to use the VeprIT software ("Software"). The Software is licensed, not sold, to you for use only under the terms of this License. VeprIT owns the Software, as well as all possible future enhancements, modifications and updates of the Software, and reserves all rights not expressly granted to you. You have no license or right to use any additional copies or upgrades unless you, at the time of acquiring such copy or upgrade, already hold a valid license to the original software, and have paid the applicable fee for the upgrade or additional copies. Unless the Software is purchased in Apple Mac App Store, a license code is required to enable all the Software features. You receive a private license code electronically after purchasing the license. You agree that after the license code has been sent to you, you cannot request a refund. To evaluate the Software before purchasing, you can use a demo version of the Software which is freely available on the product website. You agree that you cannot share the license code with any third party. It is your full responsibility to protect the application package and the license code adequately and secure it against loss and disappearance. If your license code becomes available to a third party, you agree to immediately notify VeprIT, in which case you will be provided with a new private license code. VeprIT has the right to disable, without notice and without any compensation to you (unless you notify VeprIT promptly), license codes that become available to any third parties. Moreover, you agree that you are liable to VeprIT for any damages which VeprIT might suffer as a result of the fact that any unauthorised third party is able to use the application package which is hereby licensed to you. 2. Permitted Use and Restrictions. You can install and use one copy of the Software on a single (stationary) computer at a time. In addition to one stationary computer, you may install and use the Software on one portable computer, provided that the two Software copies are only used by you, and are not used simultaneously. This License does not allow the Software to exist on more than two computers (one stationary and one portable) at a time. It is also not allowed to make the Software available over a network where it could be used by multiple users simultaneously. The Software (including any images, icons, graphics, animations, video, audio, music and text incorporated into the Software) is protected by copyright laws. You may not and you agree not to, or enable others to, copy, in whole or in part (except as explicitly permitted by this License), reverse engineer, disassemble, or modify the Software. You may not, and you specifically agree not to, rent, lease, distribute, sell, lend, sub-license, or create derivative works of the Software without a special written agreement with VeprIT. You agree to remove the Software from your computer before selling the computer to a third party. If you use the VeprIT Photo Sense software, you understand and agree that the results it produces may not always satisfy your needs or expectations. VeprIT Photo Sense does not guarantee that it will improve any given photograph. Instead, VeprIT Photo Sense provides you a way to choose what results you like. 3. Use of Data. You agree that VeprIT may collect and use technical and related information, including but not limited to technical information about your system and application software, that might be gathered to improve the future releases of the Software, to facilitate the product support and other services, and to verify compliance with the terms of this License. VeprIT may use this information, as long as it is in a form that does not personally identify you, to improve its products or to provide services. 4. Limitation of Liability. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE VEPRIT SOFTWARE AND SERVICES IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE VEPRIT SOFTWARE AND SERVICES ARE PROVIDED "AS IS", WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. IN NO EVENT DOES VEPRIT WARRANT THAT THE SOFTWARE IS ERROR FREE OR THAT YOU WILL BE ABLE TO OPERATE THE SOFTWARE WITHOUT PROBLEMS OR INTERRUPTIONS, OR THAT FUNCTIONS CONTAINED IN THE SOFTWARE WILL OPERATE IN COMBINATIONS OF SOFTWARE OR HARDWARE THAT MAY BE SELECTED FOR USE BY YOU. VEPRIT DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE VEPRIT SOFTWARE OR SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, OR THAT DEFECTS IN THE VEPRIT SOFTWARE WILL BE CORRECTED. YOU FURTHER ACKNOWLEDGE THAT THE VEPRIT SOFTWARE AND SERVICES ARE NOT INTENDED OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE THE FAILURE OF, OR ERRORS OR INACCURACIES IN VEPRIT SOFTWARE OR SERVICES COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL VEPRIT BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE VEPRIT SOFTWARE OR SERVICES, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY AND EVEN IF VEPRIT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 5. Termination. This License is effective until terminated. Your rights under this License will terminate automatically without notice from VeprIT if you fail to comply with any terms of this License. You may terminate this License at any time. Upon termination of this License, you shall cease all use of the Software and destroy all its copies and parts. 6. Applicable Laws. The Software is protected by the Dutch copyright laws, European Regulations and Directives, and international treaties. This License shall be governed by and construed in accordance with the laws of the Netherlands. If any portion hereof is found to be void or unenforceable, the remaining provisions of this License shall remain in full force and effect. This License constitutes the entire License between the parties with respect to the use of the Software. 7. Competent Court. Unless provided otherwise by law, all disputes which arise out of this agreement will be brought before the High Court of The Hague; VeprIT reserves the right to bring a case before the Court that is competent in the licensee's domicile.