THIS AGREEMENT INCLUDES THE FOLLOWING:

END USER LICENSE AGREEMENT FOR ALL RED GIANT SOFTWARE

PRODUCTS
VOLUME SOFTWARE LICENSE AGREEMENT FOR ALL RED GIANT
SOFTWARE PRODUCTS

END USER LICENSE AGREEMENT FOR ALL RED GIANT

PRODUCTS

SOFTWARE

THIS AGREEMENT BETWEEN YOU AND RED GIANT, LLC ("RED GIANT") GOVERNS
YOUR USE OF ALL RED GIANT SOFTWARE PRODUCTS.
READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE EITHER
REMOVING THE DISK FROM THE PACKAGE OR INSTALLING THE SOFTWARE
PRODUCTS. BY INSTALLING THE SOFTWARE YOU AGREE TO BE BOUND BY THE
TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT. IF YOU DO NOT
AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT,
YOU MUST REFRAIN FROM INSTALLING THE SOFTWARE PRODUCTS AND, IF
YOU OBTAINED THE SOFTWARE BY MEANS OF A DISC OR OTHER TANGIBLE
MEDIA, PROMPTLY RETURN SUCH DISC, OTHER TANGIBLE MEDIA AND ITS
PACKAGE TO RED GIANT WITHOUT USING IT.
The Red Giant software products and software developed by third-party developers (Third-Party
Products) (collectively, Red Giant Software Store Product(s)) made available by Red Giant,
LLC are licensed, not sold, to you. Your license to each Red Giant Software Store Product is
subject to your prior acceptance of this Licensed Software End User License Agreement
(Standard EULA), and you agree that the terms of this Standard EULA will apply to each Red
Giant Software Store Product that you license, whether through the Red Giant websites download
functionality (the Red Giant Software Store Services) or that you obtain on disc or other tangible
media, unless that Red Giant Software Product is covered by a valid end user license agreement
between you and the Software Provider of that Red Giant Software Store Product, in which case
the terms of that separate end user license agreement will govern. Your license to any Red Giant
Product under this Standard EULA or separate end user license agreement is granted by Red Giant,
and your license to any Third-Party Product under this Standard EULA or separate end user
license agreement is granted by the Software Provider of that Third-Party Product. Any Red Giant
Software Store Product that is subject to the license granted under this Standard EULA is referred
to herein as the Licensed Software. The Software Provider or Red Giant as applicable
(Licensor) reserves all rights in and to the Licensed Software not expressly granted to you under
this Standard EULA.
a. Scope of License: This license granted to you for the Licensed Software by Licensor is limited to
a nontransferable non-exclusive license to (i) use the Licensed Software on any central processing
unit (computer) that you own or control and as permitted by the usage rules set forth in the Red
Giant Software Store Terms and Conditions (the Usage Rules) during the term of this
Agreement, and to use the documentation during the term of this Agreement in support of your use
of the License Software .
b. Restrictions: This license does not allow you to use the Licensed Software on any computer that
you do not own or control, and you hereby agree that you may not and will not do (or permit any
other person or entity to do) any of the following:
(i) distribute or make the Licensed Software available over a network where it could be
used by multiple devices at the same time;
(ii) rent, lease, lend, sell, transfer redistribute, or sublicense the Licensed Software and, if
you sell your computer to a third party, you must remove the Licensed Software from the computer

before doing so;

(iii) copy (except as expressly permitted by this license and the Usage Rules), decompile,
reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative
works of the Licensed Software, any updates, or any part thereof (except as and only to the extent
that any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by
the licensing terms governing use of any open-sourced components included with the Licensed
Software);
(iv) make or have made any copies of the Licensed Software, documentation, or any
portion thereof, except one copy solely for backup purposes;
(v) sublicense, disclose or transfer any copy of the Licensed Software or the
documentation in whole or in part, to any third party
(vi) use the Licensed Software, documentation or any portion thereof after any expiration,
termination or cancellation of this Agreement or any license granted hereunder.
(vii) modify, adapt, translate, decompile, reverse engineer, disassemble or otherwise derive
a source code for the Licensed Software;
(viii) alter, change or remove any proprietary notices or confidentiality legends placed on
or contained in the Licensed Software; or
(ix) use the trademarks contained on or in the Licensed Software except as in accordance
with accepted trademark practice.
Any attempt to do any of the items referred to in this paragraph (b) is a violation of the rights of the
Licensor and its licensors. If you breach this restriction, you may be subject to prosecution and
damages.
The terms of this license will govern any upgrades provided by Licensor that replace and/or
supplement the original Licensed Software, unless such upgrade is accompanied by a separate
license in which case the terms of that license will govern.
c. Consent to Use of Data: You agree that Licensor may collect and use technical data and related
informationincluding but not limited to technical information about your computer, system and
application software, and peripheralsthat is gathered periodically to facilitate the provision of
software updates, product support, and other services to you (if any) related to the Licensed
Software. Licensor may use this information, as long as it is in a form that does not personally
identify you, to improve its products or to provide services or technologies to you.
d. Termination. The license is effective until terminated by you or Licensor. Your rights under this
license will terminate automatically without notice from the Licensor if you fail to comply with any
term(s) of this license. Upon termination of the license, you shall cease all use of the Licensed
Software and destroy all copies, full or partial, of the Licensed Software.
e. External Services. Third-Party Materials. The Licensed Software may enable access to
Licensors and/or third-party services and websites (collectively and individually, "External
Services"). Use of the External Services requires Internet access and use of certain External
Services requires you to accept additional terms. By using this software in connection with an Red
Giant Software Store account, you agree to the latest Red Giant Software Store Terms and
Conditions and Usage Rules, which you may access and review at http://www.redgiant.com/store/
session/termsandconditions/.
You understand that by using any of the External Services, you may encounter content that may be
deemed offensive, indecent, or objectionable, which content may or may not be identified as having
explicit language, and that the results of any search or entering of a particular URL may
automatically and unintentionally generate links or references to objectionable material.
Nevertheless, you agree to use the External Services at your sole risk and that neither the Licensor

nor its agents shall have any liability to you for content that may be found to be offensive, indecent,
or objectionable.
Certain External Services may display, include or make available content, data, information,
software or materials from third parties (Third Party Materials) or provide links to certain third
party web sites. By using the External Services, you acknowledge and agree that neither the
Licensor nor its agents is responsible for examining or evaluating the content, accuracy,
completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other
aspect of such Third Party Materials or web sites. Neither the Licensor nor its agents warrant or
endorse and does not assume and will not have any liability or responsibility to you or any other
person for any third-party services, Third Party Materials or web sites, or for any other materials,
products, or services of third parties. Third Party Materials and links to other web sites are
provided solely as a convenience to you.
You agree that the External Services contain proprietary content, information and material that is
owned by Licensor and/or its agents or licensors, and is protected by applicable intellectual
property and other laws, including but not limited to copyright, and that you will not use such
proprietary content, information or materials in any way whatsoever except for permitted use of the
External Services or in any manner that is inconsistent with the terms of this Standard EULA or
that infringes any intellectual property rights of a third party or Red Giant. No portion of the
External Services may be reproduced in any form or by any means. You agree not to modify, rent,
lease, loan, sell, distribute, or create derivative works based on the External Services, in any
manner, and you shall not exploit the External Services in any unauthorized way whatsoever,
including but not limited to, using the External Services to transmit any computer viruses, worms,
trojan horses or other malware, or by trespass or burdening network capacity. You further agree
not to use the External Services in any manner to harass, abuse, stalk, threaten, defame or
otherwise infringe or violate the rights of any other party, and that neither Licensor nor its agents is
in any way responsible for any such use by you, nor for any harassing, threatening, defamatory,
offensive, infringing or illegal messages or transmissions that you may receive as a result of using
any of the External Services.
To the extent you choose to use or access such External Services and Materials, you do so at your
own initiative and are responsible for compliance with any applicable laws, including but not
limited to applicable local laws. Licensor reserves the right to change, suspend, remove, or disable
access to any External Services at any time without notice. In no event will Licensor be liable for
the removal of or disabling of access to any such External Services. Licensor may also impose
limits on the use of or access to certain External Services, in any case and without notice or
liability.
f. LIMITED WARRANTY. THE LICENSED SOFTWARE PRODUCT IS WARRANTED
FOR A PERIOD OF NINETY (90) DAYS AFTER YOUR RECEIPT OF THE LICENSED
SOFTWARE TO BE FREE FROM DEFECTS IN MATERIAL AND WORKMANSHIP AND
TO CONFORM TO RED GIANTS SPECIFICATIONS. YOUR SOLE AND EXCLUSIVE
REMEDY, AND RED GIANT'S SOLE LIABILITY SHALL BE THAT RED GIANT
SOFTWARE WILL EITHER (A) PERMIT A RE-DOWNLOAD OF THE LICENSED
SOFTWARE IF ORIGINALLY DELIVERED BY MEANS OF A DOWNLOAD, OR (B) IF
DELIVERED VIA COMPACT DISC OR OTHER TANGIBLE MEDIA, REPLACE ANY
SUCH COMPACT DISC(S) OR OTHER MEDIA NOT MEETING RED GIANTS
SPECIFICATIONS. YOU MUST REPORT ALL DEFECTS AND RETURN THE
SOFTWARE TO RED GIANT WITHIN NINETY DAYS FOLLOWING THE DATE YOU
RECEIVED THE LICENSED SOFTWARE PRODUCT.
g. NO OTHER WARRANTY: YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT
USE OF THE LICENSED SOFTWARE IS AT YOUR SOLE RISK AND THAT THE ENTIRE
RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT
IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE
LICENSED SOFTWARE AND ANY SERVICES PERFORMED OR PROVIDED BY THE
LICENSED SOFTWARE ARE PROVIDED "AS IS" AND AS AVAILABLE, WITH ALL
FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND LICENSOR HEREBY
DISCLAIMS ALL WARRANTIES AND CONDITIONS OTHER THAN THE WARRANTY

EXPRESSLY SET FORTH IN PARAGRAPH (g) ABOVE WITH RESPECT TO THE

LICENSED SOFTWARE AND ANY SERVICES, EITHER EXPRESS, IMPLIED, OR
STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES
AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF
FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT,
AND OF NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. LICENSOR DOES NOT
WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE LICENSED
SOFTWARE, THAT THE FUNCTIONS CONTAINED IN OR SERVICES PERFORMED OR
PROVIDED BY THE LICENSED SOFTWARE WILL MEET YOUR REQUIREMENTS,
THAT THE OPERATION OF THE LICENSED SOFTWARE OR SERVICES WILL BE
UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE LICENSED
SOFTWARE OR SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN
INFORMATION OR ADVICE GIVEN BY LICENSOR OR ITS AUTHORIZED
REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE LICENSED
SOFTWARE OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF
ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. SOME JURISDICTIONS
DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON
APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION
AND LIMITATIONS MAY NOT APPLY TO YOU. YOU ASSUME THE ENTIRE
LIABILITY FOR THE SELECTION AND USE FOR THE LICENSED SOFTWARE
PRODUCT AND DOCUMENTATION, AND RED GIANT SHALL HAVE NO
LIABILITIES FOR ANY ERRORS, MALFUNCTIONS, DEFECTS OR LOSS OF DATA
FROM OR RELATING TO THE USE OF THE LICENSED SOFTWARE AND/OR
DOCUMENTATION.
h. Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT
SHALL LICENSOR BE LIABLE FOR PERSONAL INJURY OR ANY INCIDENTAL,
SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING,
WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA,
BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES,
ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE
LICENSED SOFTWARE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF
LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF LICENSOR HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS
DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF
INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT
APPLY TO YOU. In no event shall Licensors total liability to you for all damages (other than as
may be required by applicable law in cases involving personal injury) exceed the amount of one
hundred dollars ($100.00). The foregoing limitations will apply even if the above stated remedy
fails of its essential purpose.
i. Export. You may not use or otherwise export or re-export the Licensed Software except as
authorized by United States law and the laws of the jurisdiction in which the Licensed Software
was obtained. In particular, but without limitation, the Licensed Software may not be exported or
re-exported (a) into any U.S.-embargoed countries or (b) to anyone on the U.S. Treasury
Department's Specially Designated Nationals List or the U.S. Department of Commerce Denied
Persons List or Entity List. By using the Licensed Software, you represent and warrant that you are
not located in any such country or on any such list. You also agree that you will not use these
products for any purposes prohibited by United States law, including, without limitation, the
development, design, manufacture, or production of nuclear, missile, or chemical or biological
weapons.
j. Government Licensees. The Licensed Software and related documentation are "Commercial
Items", as that term is defined at 48 C.F.R. 2.101, consisting of "Commercial Computer
Software" and "Commercial Computer Software Documentation", as such terms are used in 48
C.F.R. 12.212 or 48 C.F.R. 227.7202, as applicable. Consistent with 48 C.F.R. 12.212 or 48
C.F.R. 227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and
Commercial Computer Software Documentation are being licensed to U.S. Government end users
(a) only as Commercial Items and (b) with only those rights as are granted to all other end users
pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws

of the United States.

k. Governing Law. The laws of the State of Utah, excluding its conflicts of law rules, govern this
license and your use of the Licensed Software without regard to that states conflicts of laws
principles. Your use of the Licensed Software may also be subject to other local, state, national, or
international laws. This Agreement shall not be governed by the United Nations Convention on
Contracts for the International Sale of Goods, the application of which is expressly excluded. You
agree to the personal jurisdiction by and venue in the state and federal courts in Washington
County, Oregon, and waive any objection to such jurisdiction or venue. The preceding provision
regarding venue does not apply if you are a consumer based in the European Union. If you are a
consumer based in the European Union, you may make a claim in the courts of the country where
you reside. No recovery may be sought or received for damages other than out-of-pocket expenses,
except that the prevailing party will be entitled to costs and attorneys fees. In the event of any
controversy or dispute between Red Giant and you arising out of or in connection with your use of
the Licensed Software, the parties shall attempt, promptly and in good faith, to resolve any such
dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty
(30) days), then either party may submit such controversy or dispute to mediation. If the dispute
cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy
available to them under applicable law.
l. Term of License and Agreement. The term of the license granted by this Agreement, and the
term of this Agreement granted to you pursuant to paragraph a shall commence upon your
downloading the Licensed Software Product or opening of any package in which the Licensed
Software Product was delivered to you. The license and all obligations of Red Giant shall
terminate upon your discontinuing the use of the Licensed Software unless earlier terminated by
Red Giant in accordance with paragraph m. All of your obligations under this Agreement and the
rights of Red Giant under this Agreement shall survive any termination of the license for the
longest time permitted by law.
m. Termination and Cancellation. This Agreement and the license granted by this Agreement may
be terminated and/or canceled by Red Giant in the event you are in breach of any provision of this
Agreement.
n. General.
(i) This Agreement is the complete agreement and understanding of the parties with respect
to the Software and documentation and supersedes all prior oral, written and other representations
and agreements concerning such subject matter. This Agreement may only be amended by the
express written consent of Red Giant.
(ii) Title in and to the Licensed Software and documentation remains exclusively in Red
Giant , subject to express, limited and non-exclusive license granted to you pursuant to paragraph
a.
(iii) Any translation of this Agreement is done for local requirements and in the event of a
dispute between the English and any non-English versions, the English version of this Agreement
shall govern, to the extent not prohibited by local law in your jurisdiction.
(iv) If any provision of this Agreement is determined to be invalid or unenforceable that
provision shall be deemed severed from the remainder of this Agreement and the remaining
provisions of this Agreement shall remain in full force and effect.
Last Updated: March 12, 2012
YOUR USE OF THE LICENSED SOFTWARE IS GOVERNED BY THE RED GIANT
ONLINE PRIVACY POLICY
Your privacy is important to Red Giant. Red Giant has developed an Online Privacy Policy that
covers how we collect, use, disclose, transfer, and store your information. Please take a moment to
familiarize yourself with our privacy practices and let us know if you have any questions. The
Red Giant Online Privacy Policy is set forth at http://www.redgiant.com/support/buyers-guide/

privacy-policy/.

ND: 4815-4456-5774, v. 2

The Red Giant Volume Software License Agreement is set forth

VOLUME SOFTWARE LICENSE AGREEMENT FOR ALL RED GIANT
SOFTWARE PRODUCTS

IMPORTANT NOTICE
Read Before Opening
IF YOU BREAK THE SEAL ON THIS PACKAGE OR PROCEED WITH ELECTRONIC INSTALLATION YOU
AGREE TO ALL OF THE TERMS OF THIS LICENSE AGREEMENT
THIS IS A VOLUME SOFTWARE LICENSE AGREEMENT BETWEEN YOU AND RED GIANT, LLC. PLEASE READ IT
CAREFULLY BEFORE INSTALLING OR USING THE SOFTWARE. BY INSTALLING OR USING THE SOFTWARE, YOU
ARE AGREEING TO BE LEGALLY BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO THESE
TERMS, DO NOT INSTALL OR USE THE SOFTWARE. PROMPTLY RETURN THE PACKAGE AND UNUSED
SOFTWARE, ALONG WITH ALL MANUALS, DOCUMENTATION OR OTHER ASSOCIATED ITEMS, WITHIN THIRTY
DAYS TO RED GIANT SOFTWARE FOR A FULL REFUND.
1. PERMITTED USE. Red Giant, LLC (Red Giant) hereby grants you a non-transferable and non-exclusive right to use this
software product and all associated software utilities (collectively, the Software) and documentation provided with it (the
Documentation) solely for your own internal business in a single facility or location and only on the number of computer
systems authorized under the volume license purchase. This license supersedes and replaces any single-user license agreements
included with product installers when accompanied by a volume license certificate from Red Giant.
2. RESTRICTIONS. You hereby agree that you will not:
2.1. make, have made or allow any third party to make any copies of the Software, or any portion thereof, except that
you may make one copy solely for backup purposes;
2.2. make, have made or allow any third party to make any copies of the Documentation for any reason;
2.3. sublicense, distribute, disclose, transfer, lease, loan, resell or otherwise assign or transfer the Software or the
Documentation, in whole or in part, to any third party, or allow any other party to do so;
2.4. allow the Software to be concurrently installed or simultaneously used on more than the number of systems
purchased under the volume license;
2.5. use the Software, Documentation or any portion thereof after any expiration, termination or cancellation of this
agreement or any license granted hereunder, or allow any other party to do so;
2.6. modify, adapt, translate, decompile, reverse engineer, disassemble, create a derivative work of or otherwise derive a
source code for the Software, or allow any other party to do so;
2.7. alter, change or remove any proprietary notices or confidentiality legends placed on or contained in the Software, or
allow any other party to do so; or
2.8. use the trademarks contained on or in the Software except as expressly permitted by Red Giant and in accordance
with accepted trademark practice.
3. OWNERSHIP AND COPYRIGHT. The Software is licensed, not sold, to you. You agree that Red Giant owns all rights, title
and interest, including but not limited to copyright, patent, trade secret, and all other intellectual property rights, in and to the
Software, Documentation, trade marks, logos, names and other support materials furnished in this package. No title to the
intellectual property in the Software, the Documentation, the magnetic or optical media or any other material provided therewith
is transferred to you by this Agreement.
4. PROPRIETARY INFORMATION. The Software contains proprietary and confidential information representing trade secrets
of Red Giant. You shall not use, disclose, nor permit any person to obtain such proprietary information, except to the extent such
information is necessary for the normal use of the Software.
5. LIMITED WARRANTY.
5.1. Red Giant warrants to you that the media on which the Software is recorded shall be free from defects in materials
and workmanship under normal use for a period of ninety (90) days from the date of delivery. Red Giant will replace nonperforming Software due to defective magnetic media at no charge, provided you return the item to Licensor within 90 days of
the date of delivery.
5.2. Red Giant warrants that the Software will perform in substantial compliance with the Documentation supplied with
this package.
5.3. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SOFTWARE IS AT YOUR SOLE
RISK. RED GIANT DOES NOT AND CANNOT WARRANT THE RESULTS YOU MAY OBTAIN BY USING THE
SOFTWARE OR DOCUMENTATION.

5.4. Red Giant is not responsible for problems which may occur as a result of any incompatibility between the Software
and any other software or hardware. You assume responsibility for the selection of the Software to achieve your intended
purposes, for making backups of your data regularly, and for choosing, maintaining and matching your hardware, operating
system software and other application software. Red Giant cannot guarantee you uninterrupted service or the correction of any
errors.
5.5. THE SOFTWARE AND DOCUMENTATION ARE PROVIDED AS IS WITHOUT WARRANTY OR
CONDITION OF ANY KIND, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OR CONDITIONS
OF MERCHANTABLE QUALITY AND FITNESS FOR A PARTICULAR PURPOSE. RED GIANT DOES NOT
WARRANT THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR THAT ITS OPERATION WILL BE
ERROR FREE.
5.6. IN NO EVENT SHALL RED GIANT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY
DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES, EXEMPLARY DAMAGES, LOST PROFITS OR
DATA LOSS, WHETHER FORESEEABLE OR NOT, EVEN IF ADVISED OF THE POSSIBILITY THEREOF. THIS
LIMITATION AND EXCLUSION APPLIES IRRESPECTIVE OF THE CAUSE OF ACTION, INCLUDING BUT NOT
LIMITED TO BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT OR ANY OTHER LEGAL
THEORY AND SHALL SURVIVE A FUNDAMENTAL BREACH.
5.7. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you. In
that event, any implied warranties are limited in duration to ninety (90) days from the date of delivery of the software. This
warranty gives you specific legal rights, and you may have other rights which vary from jurisdiction to jurisdiction.
6. LIMITATION OF REMEDIES. Your primary remedy under this limited warranty is replacement of the Software. Should this
remedy fail of its essential purpose, THE TOTAL LIABILITY OF RED GIANT, UNDER ANY CIRCUMSTANCE, WILL
NOT EXCEED THE AMOUNT PAID BY YOU FOR THE PURCHASE OF THE SOFTWARE.
7. ENHANCEMENTS. From time to time, Red Giant may, in its sole discretion, advise you of updates, upgrades, enhancements
or improvements to the Software and/or new releases of the Software (collectively, Enhancements), and may license you to use
such Enhancements upon payment of prices as may be established by Red Giant from time to time. All such Enhancements to the
Software provided to you shall also be governed by the terms of this License Agreement. IN ORDER FOR YOU TO BE
ASSURED THAT YOU WILL BE ADVISED OF AND LICENSED TO USE ANY ENHANCEMENTS TO THE
SOFTWARE, YOU MUST COMPLETE, SIGN AND RETURN THE ATTACHED REGISTRATION CARD.
8. TERM AND TERMINATION. The term of this Agreement and the License granted to you hereunder shall commence upon
your opening of this package and shall terminate upon your discontinuing the use of the Software. This Agreement and the
License granted herein may be terminated by Red Giant in the event you are in breach of any provision of this Agreement.
9. GENERAL. This Agreement is the complete agreement and understanding of the parties with respect to the Software and
Documentation and supersedes all prior oral, written and other representations and agreements. This Agreement may only be
amended by the express written consent of Red Giant. This Agreement and the License granted hereunder shall be governed by
and construed in accordance with the laws of the State of California. Any action commenced relating to the terms and conditions
of this Agreement or the License granted hereunder must be brought within one (1) year after such action accrues and must be
commenced in the State of California. If any provision of this license is determined to be invalid or unenforceable that provision
shall be deemed severed from the remainder of this license and the remaining provision of this license shall remain in full force
and effect.
10. ACKNOWLEDGEMENT. BY INSTALLING THIS SOFTWARE YOU ACKNOWLEDGE THAT YOU HAVE READ
AND UNDERSTAND THE FOREGOING AND THAT YOU AGREE TO BE BOUND THEREBY.