License Agreements

A.V. Rodgers Visual Media reserves the right to change the Terms and Conditions at any time without prior notice. Your continued access or use of the Website and/or the products that appear on the Website after such changes indicates Your acceptance of the Terms and Conditions as modified. It is Your responsibility to review the Terms and Conditions regularly. The Terms and Conditions were last updated on August 12, 2007.

IMPORTANT: THIS SOFTWARE END USER LICENSE AGREEMENT ("EULA") IS A LEGAL AGREEMENT BETWEEN YOU (EITHER AN INDIVIDUAL OR AN ENTITY) AND A.V. RODGERS (AVR). READ IT CAREFULLY BEFORE USING THE SOFTWARE. IT PROVIDES A LICENSE TO USE THE SOFTWARE AND CONTAINS WARRANTY INFORMATION AND LIABILITY DISCLAIMERS. BY SELECTING THE ORDER NOW OR DOWNLOAD BUTTON AND USING THE SOFTWARE, YOU ARE CONFIRMING YOUR ACCEPTANCE OF THE SOFTWARE AND AGREEING TO BECOME BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, THEN UNINSTALL THE SOFTWARE FROM YOUR COMPUTER.

This Agreement sets forth the terms and conditions which apply to your use of the A.V.Rodgers software. The right to use this software is personal to you and is not transferable to any other person or entity.

1. Individual License Grants.
(A) You may install and use each individual unit of the Software on a single personal computer that has a Windows operating system (including Windows 95, 98, 2000, NT, Me and XP). A license for the Software may not be shared, installed or used concurrently on different computers. The Software is "in use" on a computer when it is loaded into the temporary memory (i.e., RAM) or installed into permanent memory (e.g., hard disk, CD-ROM drive, or other storage device) of that computer.

(B) You may make one copy of the Software in machine-readable form solely for backup or for personal accessibility purposes. You must reproduce on any such copy all copyright notices and any other proprietary legends on the original copy of the Software.

(C) You agree that AVR may audit your use of the Software for compliance with these terms at any time.

(D) Your license rights under this EULA are non-exclusive.

(E) Certain rights are not granted under this Agreement, but may be available under a separate agreement. If you would like to negotiate a separate agreement , please contact us at inquiries@avrodgers.com.

2. License Restrictions.
(A) Other than as set forth in Section 1, you may not make or distribute copies of the Software, or electronically transfer the Software from one computer to another or over a network.

(B) You may not alter, merge, modify, adapt or translate the Software, or decompile, reverse engineer, disassemble, or otherwise reduce the Software to a human-perceivable form.

(C) You may not sell, rent, lease, or sublicense the Software.

(D) You may not modify the Software or create derivative works based upon the Software.

(E) You may not export the Software into any country prohibited by the United States Export Administration Act and the regulations thereunder.

(F) In the event that you fail to comply with this EULA, AVR may terminate the license and you must destroy all copies of the Software (with all other rights of both parties and all other provisions of this EULA surviving any such termination).

3. Copyright. All intellectual property rights in the Software (including all animations, audio, images, maps, music, photographs, video, and text incorporated into the Software) are owned by AVR and its affiliates, suppliers, and licensors, and are protected by United States copyright laws and international treaty provisions. AVR and its affiliates, suppliers, and licensors retain all rights not expressly granted. You must treat the Software like any other copyrighted material. You may not distribute printed copies of any user documentation provided in electronic format. The restrictions contained herein apply equally to hybrid CD-ROMs which may contain multiple versions of the Software for use on different operating systems. Regardless of the type of media you receive, you may use only the portion appropriate for your single-user computer/workstation.

4. Limited Warrenty. AVR and its affiliates, suppliers, and licensors warrant that the media on which the Software is distributed are free from defects in materials and workmanship for a period of sixty (60) days from the time of receipt. ANY AND ALL OTHER IMPLIED WARRANTIES WITH RESPECT TO THE SOFTWARE AND THE ACCOMPANYING WRITTEN MATERIALS, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE LIMITED TO SIXTY (60) DAYS.

5. Remedies. Your exclusive remedies shall be, at AVR's sole option, (a) the refund of the amount you paid for the Software minus a 15% restocking fee or (b) repair or replacement of the Software provided that the defective Software is returned to AVR or an authorized dealer within sixty (60) days from the date of purchase. This Limited Warranty is void if failure of the Software has resulted from accident, abuse, or misapplication or if the you have failed to activate the warrenty. Any replacement Software will be warranted for the remainder of the original warranty period or sixty (60) days, whichever is longer.

In order to process a software return, you must provide AVR with the order number and serial number of the warrented software. Return forms may be accessed at http://avrodgers.com/Returns.html.

Upon the e-mail confirmation of the processed return, the you must uninstall the software from your computer's hard disk, CD-ROM drive, or other storage device of that computer and destroy all copies of the software.

6. Limitations of Liabilities Remedies.
(A) EACH USER EXPRESSLY AGREES THAT USE OF THE SOFTWARE IS AT HIS OR HER SOLE RISK.

(B) THE DISCLAIMERS OF LIABILITY CONTAINED IN THIS SECTION 6 APPLY TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. EACH MEMBER SPECIFICALLY ACKNOWLEDGES THAT AVR IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF THIRD PARTIES, INCLUDING USERS AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH EACH USER.

(C) IN NO EVENT WILL AVR OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING, OR DISTRIBUTING THE SOFTWARE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE OR OUT OF THE BREACH OF ANY WARRANTY.

(D) IN NO EVENT WILL AVR OR ITS AFFILIATES, SUPPLIERS, AND LICENSORS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, ECONOMIC, COVER, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, USER DOCUMENTATION, OR RELATED TECHNICAL SUPPORT, INCLUDING, WITHOUT LIMITATION, DAMAGES OR COSTS RELATING TO THE LOSS OF PROFITS, BUSINESS, GOODWILL, DATA, OR COMPUTER PROGRAMS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL AVR'S AND ITS AFFILIATES', SUPPLIERS', AND LICENSORS' LIABILITY EXCEED THE AMOUNT PAID BY YOU FOR THE SOFTWARE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

7. U.S. Government Restricted Rights.U.S. GOVERNMENT RESTRICTED RIGHTS. The Software and user documentation is provided with RESTRICTED RIGHTS AND LIMITED RIGHTS. Use, duplication, or disclosure by the Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software--Restricted Rights at 48 CFR 52.227-19, as applicable.

E-mail A.V. Rodgers Visual Media