THE DAVIS & JONES COMPANY SCREENSAVER

END-USER LICENSE AGREEMENT

IMPORTANT – READ CAREFULLY

THIS END-USER LICENSE AGREEMENT (EULA) IS A LEGAL AGREEMENT BETWEEN YOU (EITHER AN INDIVIDUAL OR A SINGLE ENTITY) AND THE DAVIS & JONES COMPANY, A COLORADO COMPANY (THE DAVIS & JONES COMPANY), FOR A SCREENSAVER SOFTWARE PROGRAM WHICH INCLUDES COMPUTER SOFTWARE, ASSOCIATED MEDIA, ART IMAGES AND DOCUMENTATION (COLLECTIVELY SCREENSAVER). BY CLICKING "I ACCEPT" OR DOWNLOADING, INSTALLING, ACCESSING OR USING THE SCREENSAVER WHETHER ONLINE OR FROM A DISK, YOU AGREE TO BE BOUND BY THE TERMS OF THIS EULA. IF YOU DO NOT AGREE WITH THE TERMS OF THIS EULA, PROMPTLY RETURN THE UNUSED SCREENSAVER TO THE PLACE FROM WHICH YOU OBTAINED IT FOR A REFUND.

Ownership. The Screensaver is protected by copyright and other intellectual property laws and treaties. You are granted a license only to use the Screensaver subject to the terms of this EULA but do not own the Screensaver. The Davis & Jones Company or a third party retains all title to and ownership of the Screensaver and all copies of and modifications to the Screensaver. The Screensaver includes trade secrets and information that is confidential and proprietary to The Davis & Jones Company or third parties and you agree to take all necessary actions to protect the confidentiality of such information.

Grant and Scope of License. Subject to the terms of this EULA and payment of the license fee, The Davis & Jones Company hereby grants to you a perpetual, nontransferable and nonexclusive right to install and use an executable (no source code) copy of the Screensaver as follows: (a) an end-user purchasing the Screensaver for use at home may use one license for the entire household, otherwise a license is required for each unique individual who is authorized to use the Screensaver; (b) the Screensaver may be installed only on one personal computer and on a second portable device for the exclusive use of the primary user; and (c) the Screensaver is for your own internal use for replacing the image on a computer screen when the screen is not in use. The art images embedded in the Screensaver may not be used separately from the Screensaver and you agree not to copy, print or otherwise duplicate, extract or distribute any of the art images.

Restrictions. The Screensaver is "Not for Resale" and you may not resell or otherwise transfer for value the Screensaver. You may not sublicense, transfer or assign your rights under this EULA without The Davis & Jones Company's prior written consent. You agree not to copy the Screensaver except for backup and disaster recovery purposes. If you make backup copies of the Screensaver, the original copy and all backup copies may not leave your control and are owned by The Davis & Jones Company. You agree not to disclose, modify, decompile, translate, disassemble or reverse engineer the Screensaver, except and only to the extent such activity is expressly permitted by applicable law notwithstanding this limitation. You agree not to distribute, rent, lease or lend the Screensaver. You are responsible for paying all applicable taxes related to the licensing of the Screensaver and, if necessary, will provide The Davis & Jones Company written evidence of exemption.

No Warranty/Limitation of Liability. To the maximum extent permitted by applicable law, THE DAVIS & JONES COMPANY MAKES NO WARRANTY OR REPRESENTATION, EITHER EXPRESSED OR IMPLIED WITH RESPECT TO THE SCREENSAVER, ITS NON-INFRINGEMENT, QUALITY, PERFORMANCE, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. AS A RESULT, THE SCREENSAVER IS LICENSED “AS IS” AND YOU ASSUME THE ENTIRE RISK AS TO ITS QUALITY AND PERFORMANCE. No The Davis & Jones Company reseller, dealer, agent or employee is authorized to enter into any representation, warranty or guaranty with respect to the Screensaver.

The Davis & Jones Company's entire liability under this EULA is limited to the amount actually paid by you for the Screensaver. IN NO EVENT WILL THE DAVIS & JONES COMPANY BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE SCREENSAVER, even if advised of the possibility of such damages.

Export Control. You may not export, ship, transmit, or re-export the Screensaver in violation of any applicable law or regulation, including, without limitations, the Export Administration Regulations issued by the U.S. Department of Commerce.

Notice to U.S. Government Users. The Screensaver is a commercial item consisting of commercial computer software and commercial computer software documentation developed solely at private expense. Use, duplication, or disclosure by the federal government is in accordance with 48 CFR 12.212, DFAR 227.7202, and FAR 52.227-19, as applicable. To the maximum extent permitted by applicable Federal law, the Screensaver is licensed to U.S. Government end-users with only those rights as granted to all other end-users pursuant to the terms and conditions of this EULA. Unpublished-rights reserved under the copyright laws of the United States.

Termination. Your right to use the Screensaver will automatically terminate if you fail to comply with the material terms of this EULA or fail to make payment for the Screensaver. Upon any termination, you agree to remove the Screensaver from your computers, destroy all copies of the Screensaver, and, upon request from The Davis & Jones Company, certify in writing your compliance herewith.

General Provisions. If any of the terms, or portions thereof, of this EULA are invalid or unenforceable under any applicable statute or rule of law, the court will reform the contract to include an enforceable term as close to the intent of the original term as possible; all other terms will remain unchanged. The waiver or failure of either party to exercise in any respect any right provided for in this EULA will not be deemed a waiver of any further or future right under this EULA. This EULA will inure to the benefit of, and is freely assignable to, The Davis & Jones Company's successors and assignees of rights in the Screensaver. This Agreement is governed by and construed in accordance with the laws of State of Colorado, without regard to its conflict of law provisions, and the United States, including trademark, patent and copyright laws, without reference to the United Nations Convention on Contracts for the International Sales of Goods. The exclusive venue for all cases arising out of or related to this Agreement will be the federal and state courts in the State of Colorado.

Entire Agreement. This EULA constitutes the entire agreement between you and The Davis & Jones Company relating to the Screensaver, and any additions to, or modifications of, this EULA will be binding upon the parties only if in writing and signed by you and by a duly authorized officer of The Davis & Jones Company. If you purchased the Screensaver through a reseller, you acknowledge that the reseller is not The Davis & Jones Company's agent and is not authorized to alter, amend or modify the terms of this EULA or to otherwise grant any license or other rights relating in any way to the Screensaver.