Artisans Gardens—End-User License Agreement

END-USER LICENSE AGREEMENT

COPYRIGHT AND INTELLECTUAL PROPRIETARY RIGHTS The Products and Documentation involve United States and foreign copyright of Artisans Gardens. Artisans Gardens reserves all rights to the Product (Artisans Landscape Design Symbols and Swatches) and Documentation. No title to or ownership of the Products or proprietary rights related to the Products or Documentation is transferred to Licensee under this Agreement. Unauthorized copying, publication, sale, distribution, rental, lending, sublicensing or use of any part of those materials, or failure to comply with the terms of this License, will constitute a breach of this License and result in its automatic termination. Such unauthorized copying, publication, sale, distribution, rental, lending, sublicensing or use may constitute copyright infringement, which may subject you to criminal and/or civil liability under federal law in the United States and in other jurisdictions. UNDER THIS LICENSE, YOU ARE PERMITTED TO: • Use your license on one main computer and one portable only; you may make one copy of the Products for backup or archival purposes. • Use the Products for your personal work only. YOU ARE NOT PERMITTED TO: • Modify, copy, duplicate, reproduce, resell, lease, license or sublicense the Products, or transfer or convey the Products or any right in the Product to anyone else without the prior written consent of Artisans Gardens. • Modify the Products and merge them into another program; create Derivative Works for use or distribution separately or detached from your personal work. • Place either modified or unmodified Products or their parts onto a server so that they are accessible via public network such as the Internet. LIMITED WARRANTY AG warrants that the storage media on which the Product is provided to you will be free from defects in materials and workmanship for 90 days from the date you purchased it. The entire liability of AG and your only remedy under this warranty will be, at AG´s option, to attempt to correct or work around errors, replace the storage media or refund the purchase price and terminate this License. This remedy is subject to the return of the Product to its purchase place with proof of purchase. DISCLAIMER OF WARRANTIES Except for the above express limited warranties, AG makes no warranties, express or implied. AG hereby disclaims and excludes all implied warranties, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and title. AG does not warrant that the product is error free and it will meet your particular needs. LIMITATION OF LIABILITY In no case will AG be liable for any lost profits, lost data, special, incidental consequential or indirect damages or losses associated with the use or inability to use the product, even if AG or any representative of AG has been advised of or is aware of the possibility of such damage or loss. Your acceptance of this license acknowledges this allocation of risk. AG´s liability is limited to the amount of money you paid for the Products. In some countries/states the above exclusions may not apply to you because they may not allow the exclusion of implied warranties or liability for incidental or consequential damages or losses. In addition to the above warranty rights, you may have other rights that vary depending on your location. PRICE & PAYMENT The prices for Products are stated on the AG web site. Prices are subject to change without prior notice. Terms of payment are within the discretion of the AG. Unless stated otherwise, the AG must receive payment at the time the order is placed. AGREEMENT This Agreement will be effective as of the date you first install any Products (Artisans Landscape Design Symbols and Swatches) and will remain effective until terminated by either Artisans Gardens or you. You may terminate the license at any time by removing the Artisans Landscape Design Symbols and Swatches from your computer and destroying the original files and any copies. GOVERNING LAW The laws of the State of Missouri shall govern this License. This License is the entire agreement between you and Artisans Gardens and supersedes any prior communications or advertising with respect to the Product. SUPPORT For questions or returns, please contact Artisans Gardens: contact@artisansgardens.com www.artisansgardens.com Copyright © 2008 Artisans Gardens. All rights reserved. Artisans Landscape Design Symbols and Swatches is a trademark of Artisans Gardens.