License Agreement

END-USER LICENSE AGREEMENT FOR WAVE ARTS SOFTWARE

IMPORTANT-READ CAREFULLY: This Wave Arts End-User License Agreement (“EULA”) is a legal agreement between you (either an individual or a single entity) and Wave Arts, Inc. (“Wave Arts”) for the Wave Arts software accompanying this EULA, which includes computer software and may include associated media, printed materials, and “on-line” or electronic documentation (“SOFTWARE PRODUCT” or “SOFTWARE”). By exercising your rights to make and use copies of the SOFTWARE PRODUCT, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, you may not use the SOFTWARE PRODUCT.

SOFTWARE PRODUCT LICENSE

The SOFTWARE PRODUCT is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The SOFTWARE PRODUCT is licensed, not sold.

GRANT OF LICENSE This EULA grants you the following rights: Installation and Use.

A license must be acquired for each concurrent user of the SOFTWARE PRODUCT. If using the Wave Arts licensing method, you may install and use the SOFTWARE PRODUCT on up to three computers. If using the PACE/iLok licensing method, you may assign the license to a single computer or to an iLok dongle.

Reproduction and Distribution.

You may not reproduce or distribute the SOFTWARE PRODUCT except to make backup copies, or to install as provided for above.

DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS

Limitations on Reverse Engineering, Decompilation, and Disassembly.

You may not reverse engineer, decompile, or disassemble the SOFTWARE PRODUCT, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limtation.

Software Transfer.

You may permanently transfer all of your rights under this EULA, provided you retain no copies, you transfer all of the SOFTWARE PRODUCT, and the recipient agrees to the terms of this EULA.

Termination.

Without prejudice to any other rights, Wave Arts may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must destroy all copies of the SOFTWARE PRODUCT and all of its component parts.

COPYRIGHT

All title and copyrights in and to the SOFTWARE PRODUCT (including but not limited to any images, text, and “applets” incorporated into the SOFTWARE PRODUCT), the accompanying printed materials, and any copies of the SOFTWARE PRODUCT are owned by Wave Arts or its suppliers. The SOFTWARE PRODUCT is protected by copyright laws and international treaty provisions. Therefore, you must treat the SOFTWARE PRODUCT like any other copyrighted material.

LIMITED WARRANTY

NO WARRANTIES. Wave Arts expressly disclaims any warranty for the SOFTWARE PRODUCT. The SOFTWARE PRODUCT and any related documentation is provided “as is” without warranty of any kind, either express or implied, including, without limitation, the implied warranties or merchantability, fitness for a particular purpose, or noninfringement. The entire risk arising out of use or performance of the SOFTWARE PRODUCT remains with you.

NO LIABILITY FOR CONSEQUENTIAL DAMAGES. In no event shall Wave Arts or its suppliers 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 of or inability to use this Wave Arts product, even if Wave Arts 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.

MISCELLANEOUS

If you acquired the SOFTWARE on the Avid Marketplace, then the Avid Marketplace Terms and Conditions also apply.

If you acquired this product in the United States, this EULA is governed by the laws of the State of Massachusetts.

If this product was acquired outside the United States, then local laws may apply.