The Rumbolo Family 2002 Christmas Greeting License

THE SOFTWARE IS COPYRIGHTED AND LICENSED. BY PROCEEDING WITH THE INSTALLATION PROCEDURES FOR THE SOFTWARE, YOU ARE ACCEPTING AND AGREEING TO THE TERMS OF THIS LICENSE AGREEMENT. IF YOU ARE NOT WILLING TO BE BOUND BY THE TERMS OF THIS LICENSE AGREEMENT, YOU SHOULD ABANDON THE INSTALLATION PROCEDURES FOR THE SOFTWARE. THIS LICENSE AGREEMENT REPRESENTS THE ENTIRE AGREEMENT CONCERNING THE SOFTWARE BETWEEN YOU AND RUMBOLO FAMILY PRODUCTIONS, PART OF CR DESIGNS (REFERRED TO AS "LICENSOR"), AND IT SUPERSEDES ANY PRIOR PROPOSAL, REPRESENTATION, OR UNDERSTANDING BETWEEN THE PARTIES.

1. License Grant. Licensor hereby grants to you, and you accept, a nonexclusive license to use the software and content of the CD-ROM and/or DVD and of the computer programs contained therein in machine-readable, object code form only and the imbedded images, photographs, animation, video, audio, music and text (collectively referred to as the "Software") only as authorized in this License Agreement.

You may make multiple copies of the Software and content for your use, subject to the terms of this License Agreement. Any copies of the software and content shall include Licensor's and/or valid third party copyright and other proprietary notices, as well as this complete License Agreement. You agree that you may not reverse assemble, reverse compile, or otherwise translate the software and content.

2. Licensor's Rights. You acknowledge and agree that the Software and content of the CD-ROM or DVD is a proprietary product of Licensor protected under U.S. copyright law. You further acknowledge and agree that all right, title, and interest in and to the Software, including associated intellectual property rights, are and shall remain with Licensor. This License Agreement does not convey to you an interest in or right to the Software, but only a limited right of use revocable in accordance with the terms of this License Agreement.

3. License Fees. The Software and other content may be only provided without charge, you may not under any circumstances charge a fee for the use or distribution of this software.

4. Term. This License Agreement is effective upon your acceptance of the License Agreement by the installation of the Software, and shall continue until terminated. You may terminate this License Agreement at any time by returning the Software and all copies thereof and extracts there from to Licensor. Licensor may terminate this License Agreement upon a breach by you of any term hereof. Upon such termination by Licensor, you agree to return to Licensor the Software and all copies and portions thereof in your possession.

5. No Warranties. The Software is provided "AS IS, WHERE IS," without any representation or warranty whatsoever, including without limitation the warranties of merchantability, fitness for a particular purpose and non-infringement, all of which are disclaimed. The entire risk as to the quality and performance of the Software is borne by you. Should the Software prove defective, you assume all costs of any service or repair. While Licensor will make reasonable efforts to ensure that the Software contains no virus at the time of delivery to you, the Licensor expressly disclaims any warranty, express or implied, that the Software is or will be free from viruses. The disclaimers contained herein constitute an essential part of the License Agreement.

Licensor DISCLAIMS ANY AND ALL LIABILITY for the performance, effect or failure of any third party products that may accompany the Software or that may interact with the Software for any reason. Licensor DISCLAIMS ANY AND ALL LIABILITY for damages arising from use of the Software in connection with a LAN, WAN or global computer network. YOU ASSUME ALL RISKS AND/OR LIABILITIES associated with such uses, and with the publication or distribution of images and/or text in any medium. Additional Disclaimers may apply.

Please remember that any use of computers is subject to a likelihood of human and machine errors, omissions, delays, and losses, including loss or corruption of data or media. You should adopt such measures as you believe proper to limit the impact of those problems, including backing up data and verifying the accuracy of input data; examining and confirming results prior to use; and adopting procedures to identify and correct errors and omissions, replace lost or damaged media, and reconstruct data. UNDER NO CIRCUMSTANCES WILL THE LICENSOR BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, INCLUDING ANY LOSS OR DESTRUCTION OF DATA ON YOUR COMPUTER, WHETHER IN AN ACTION IN CONTRACT, BREACH OF WARRANTY OR TORT, AND EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

6. Trademark. The Rumbolo Family Christmas Greeting™, and CR Designs™, are trademarks of Licensor. Valid third party marks may appear in connection with the sale, manufacture or distribution of the Software. No right, license, or interest in or to Licensor's trademarks, or in or to any third party trademarks, is granted hereunder, and you agree that no such right, license, or interest shall be asserted by you with respect to such trademarks.

7. Severability. Should any term of this License Agreement be declared void or unenforceable by any court of competent jurisdiction, such declaration shall have no effect on the remaining terms hereof.

8. No Waiver. The failure of either party to enforce any rights granted hereunder or to take action against the other party in the event of any breach hereunder shall not be deemed a waiver by that party as to subsequent enforcement of rights or subsequent actions in the event of future breaches.

9. Governing Law, Forum. This Agreement will be governed by the laws of the State of North Carolina in the United States of America, County of Cabarrus, applicable to agreements executed and performed entirely therein, except that the parties exclude application of the U.N. Convention on Contracts for the International Sale of Goods if otherwise applicable. At Licensor's sole discretion, any controversy or claim arising out of or relating to this License Agreement, or the breach thereof, may be settled by arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association, and, subject to the requirements of this paragraph, judgment upon the award may be entered in any court having jurisdiction. Any arbitration under this clause shall take place in Cabarrus County, North Carolina. The parties irrevocably consent to submit to the jurisdiction of the Federal and State Courts located in the State of North Carolina, County of Cabarrus in any action which may arise out of this License Agreement and all matters related thereto. The parties waive any right to institute or try any action or proceeding elsewhere, or to attempt to transfer any action or proceeding elsewhere.

10. Violations of the LICENSE agreement may result in severe penalty, including but not limited to early male pattern baldness, having Santa Claus leave coal and sticks under your Christmas tree instead of presents or a leather-winged demon of the night dining on your liver some dark stormy evening or any other really nasty bad things. Additional legal remedies may also apply.