These terms apply to the software known as the Eyetide Media Viewer:

PLEASE READ THE FOLLOWING USER AGREEMENT BEFORE YOU DOWNLOAD THE EYETIDE MEDIA VIEWER SOFTWARE (THE "PRODUCT"). BY INSTALLING THE PRODUCT, THE INDIVIDUAL OR ENTITY LICENSING (THE "USER") AGREES TO THE TERMS AND CONDITIONS SET FORTH BELOW. IF THE USER DOES NOT AGREE TO ALL THE TERMS AND CONDITIONS SET FORTH BELOW, THE USER MUST NOT INSTALL THE PRODUCT.

1. Scope of License Agreement. As used in this Agreement, "Eyetide Media" shall mean Eyetide Media Inc., a Delaware corporation. Any third-party software product or content included in the Product is outside the scope of these terms and conditions and is governed by a separate third party's license agreement.

2. License Grant. Eyetide Media hereby grants and User accepts a nonexclusive license to use the Product in accordance with the terms of this Agreement (the "License"). This License does not entitle User to receive from Eyetide Media hard-copy documentation, technical support, telephone assistance, or enhancements or updates to the Product.

3. Content Use. All rights to all the images, textual content, design, and advertisements in the Product (the "Content") are owned by Eyetide Media or its licensors and respective owners, and are protected by United States copyright laws, trademark laws, international treaty provisions, and other applicable laws. Eyetide Media and its licensors retain all rights not expressly granted by this Agreement. The Content may not be transferred or sublicensed, or converted to any other file format for any reason. The Content cannot be used outside of the Product and is intended for personal screensaver and desktop wallpaper use only. Exporting the Content into ANY OTHER SOFTWARE product is expressly prohibited. No other distribution of the Content is authorized.

4. Eyecard Use. Use of the Product's electronic greeting card (the "Eyecard") is restricted to personal, noncommercial use only. User agrees to comply with all applicable laws and regulations when using the Eyecard functionality. User may not use the Eyecard to send chain letters, commercial solicitation, mass mailing, or any form of "spam." User is solely responsible for the content of any messages included within Eyecards sent. User may not use the Eyecard to send messages that are illegal, obscene, threatening, abusive, invasive of privacy or publicity rights, profane, defamatory, or that infringe upon or violate the rights of any third party. User agrees to defend, indemnify, and hold Eyetide and its affiliates, directors, officers, employees, and agents harmless against any and all claims asserted against Eyetide and its affiliates, directors, officers, employees, and agents as a result of User's use of the Eyecard, including without limitation any claims relating to the content of any messages that User sends using the Eyecard. Eyetide retains the right to remove any User for abuse of the acceptable Eyecard use outlined in this Agreement.

5. Reservation of Rights. All rights not expressly granted to User by this License Agreement are hereby reserved by Eyetide Media or its licensors.

6. Restrictions. Except as otherwise expressly authorized by this Agreement, User may not: (i) modify or create any derivative works of the Product or documentation, including translation or localization; (ii) decompile, disassemble, reverse engineer, or otherwise attempt to derive the source code for the Product (except to the extent applicable laws specifically prohibit such restriction); (iii) encumber, sell, rent, lease, sublicense, or otherwise transfer rights to the Product; (iv) remove or alter any trademark, logo, copyright, or other proprietary notice, legend, symbol, or label in the Product; (v) publish any results of benchmark tests run on the Product to a third party without Eyetide Media's prior written consent; or (vi) sublicense, assign, or transfer the License or the Product or any rights under this Agreement without the prior written consent of Eyetide Media. Any attempt to sublicense, assign, or transfer any of the rights, duties, or obligations hereunder is void.

7. Fees. There is no license fee for the Product. If User wishes to receive the Product on media, there may be a small charge for the media and for shipping and handling. User is responsible for any and all taxes.

8. Termination. Without prejudice to any of its rights and remedies, Eyetide Media may terminate this Agreement if User breaches any of the terms and conditions. Upon termination, User shall destroy all copies of the Product.

9. Content Updates. User hereby grants Eyetide Media permission to download new Content updates for user in the Product on a regular basis, as specified within the Product settings.

10. Product Updates and New Versions. In the event that updates or new versions of the Product are developed, Eyetide Media may, at its discretion, make such updates and new versions available to User. User hereby grants Eyetide permission to update User's version of the Product at any time, at Eyetide's full discretion. If the Product is updated and made available to you, you may use the Product update in accordance with the terms and conditions of this License Agreement. Additional restrictions may apply to updates or new versions of the Product.

11. Dual Media. User may receive the Product in more than one storage medium. User may only use one medium that is appropriate for User's single computer. User may not use, copy, transmit, lease, rent, sell, assign, or otherwise transfer the other medium to another user.

12. Proprietary Rights. All right, title, and interest in and to the Product and Content, including but not limited to all ownership and intellectual property rights in the Product and Content, shall remain the property of Eyetide Media and/or its suppliers and licensors. User acknowledges such ownership, intellectual property rights, and interests and will not take any action to jeopardize, limit, or interfere in any manner with Eyetide Media's or its suppliers' or licensors' ownership of or rights with respect to the Product or Content. The Product and Content are protected by copyright, trademark, and other intellectual property laws and by international treaties. Title and related rights in the Content accessed through the Product and Content are the property of the applicable Content owner and are protected by applicable law. The License granted under this Agreement gives User no rights to such Content.

13. DISCLAIMER OF WARRANTY. THE PRODUCT IS PROVIDED FREE OF CHARGE, AND, THEREFORE, ON AN "AS IS" BASIS, WITHOUT WARRANTY OF ANY KIND, INCLUDING WITHOUT LIMITATION THE WARRANTIES THAT IT IS FREE OF DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE, OR NON-INFRINGING. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE PRODUCT IS BORNE BY USER. SHOULD THE PRODUCT PROVE DEFECTIVE IN ANY RESPECT, USER AND NOT EYETIDE MEDIA OR ITS SUPPLIERS OR RESELLERS ASSUMES THE ENTIRE COST OF ANY SERVICE AND REPAIR. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. NO USE OF THE PRODUCT IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER.

14. LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL EYETIDE OR ITS SUPPLIERS OR RESELLERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNATIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE PRODUCT, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT, OR OTHERWISE) UPON WHICH ANY CLAIM MAY BE BASED. IN ANY CASE, EYETIDE MEDIA'S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS AGREEMENT SHALL NOT EXCEED IN THE AGGREGATE THE SUM OF THE FEES USER PAID FOR THIS LICENSE (IF ANY) AND FEES FOR SUPPORT OF THE PRODUCT RECEIVED BY EYETIDE MEDIA UNDER A SEPARATE SUPPORT AGREEMENT (IF ANY). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT BE APPLICABLE. EYETIDE MEDIA IS NOT RESPONSIBLE FOR ANY LIABILITY ARISING OUT OF CONTENT PROVIDED BY USER OR A THIRD PARTY THAT IS ACCESSED THROUGH THE PRODUCT AND/OR ANY MATERIAL LINKED THROUGH SUCH CONTENT.

15. MISCELLANEOUS. (a) This Agreement constitutes the entire agreement between the parties concerning the subject matter hereof. (b) This Agreement may be amended as described in section 17. (c) Except to the extent applicable law, if any, provides otherwise, this Agreement shall be governed by the laws of the State of California, U.S.A., excluding its conflict of law provisions. (d) This Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods. (e) If any provision in this Agreement should be held illegal or unenforceable by a court having jurisdiction, such provision shall be modified to the extent necessary to render it enforceable without losing its intent, or severed from this Agreement if no such modification is possible, and other provisions of this Agreement shall remain in full force and effect. (f) The controlling language of this Agreement is English. If User has received a translation into another language, it has been provided for User's convenience only. (g) A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, shall not waive such term or condition or any subsequent breach thereof. (h) The provisions of this Agreement, which require or contemplate performance after the expiration or termination of this Agreement, shall be enforceable notwithstanding said expiration or termination. (i) User may not assign or otherwise transfer by operation of law or otherwise this Agreement or any rights or obligations herein except in the case of a merger or the sale of all or substantially all of User's assets to another entity. (j) This Agreement shall be binding upon and shall inure to the benefit of the parties, their successors, and permitted assigns. (k) Neither party shall be in default or be liable for any delay, failure in performance (excepting the obligation to pay) or interruption of service resulting directly or indirectly from any cause beyond its reasonable control. (l) The relationship between Eyetide Media and User is that of independent contractors, and neither User nor its agents shall have any authority to bind Eyetide Media in any way. (m) The headings to the sections of this Agreement are used for convenience only and shall have no substantive meaning.

16. USER OUTSIDE THE U.S. If User is located outside the U.S., then User is responsible for complying with any local laws in its jurisdiction which might impact its right to import, export, or use the Product, and User represents that it has complied with any regulations or registration procedures required by applicable law to make this license enforceable.