Pinnacle Systems Software License Agreement

By downloading or using software of Pinnacle Systems Incorporated or its subsidiaries ("Pinnacle"), you agree to the following terms and conditions. If you do not agree with such terms and conditions, do not use the software and return the product promptly to your dealer. The terms of an end user license agreement accompanying a particular software file upon installation or download of the software shall supersede the terms presented below. CAREFULLY READ THESE TERMS IN ADDITION TO THE TERMS AND CONDITIONS AS DETAILED IN YOUR PRODUCT DOCUMENTATION AND/OR SUPPLIED WITH THE INCLUDED SOFTWARE BEFORE USING THIS PRODUCT.

The export and re-export of Pinnacle software products are controlled by the United States Export Administration Regulations and such software may not be exported or re-exported to Cuba, Iran, Iraq, Libya, North Korea, Sudan, or Syria or any country to which the United States embargoes goods. In addition, Pinnacle software may not be distributed to persons on the Table of Denial Orders, the Entity List, or the List of Specially Designated Nationals.

By downloading or using an Pinnacle software product you are certifying that you are not a national of Cuba, Iran, Iraq, Libya, North Korea, Sudan, or Syria or any country to which the United States embargoes goods and that you are not a person on the Table of Denial Orders, the Entity List, or the List of Specially Designated Nationals.

If the software is designed for use with an application hardware and/or software product (the "Host System") published by Pinnacle, Pinnacle grants you a non-exclusive license to use such hardware and/or software with the Host System only, provided you possess a valid license from Pinnacle for the Host System. Except as set forth below, such software is licensed to you subject to the terms and conditions of the End User License Agreement from Pinnacle governing your use of the Host System.

DISCLAIMER OF WARRANTIES: YOU AGREE THAT PINNACLE HAS MADE NO EXPRESS WARRANTIES TO YOU REGARDING THE SOFTWARE AND THAT THE SOFTWARE IS BEING PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OF ANY KIND. PINNACLE DISCLAIMS ALL WARRANTIES WITH REGARD TO THE SOFTWARE, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, MERCHANTABLE QUALITY OR NONINFRINGEMENT OF THIRD PARTY RIGHTS. Some states or jurisdictions do not allow the exclusion of implied warranties, so the above limitations may not apply to you.

LIMIT OF LIABILITY: IN NO EVENT WILL PINNACLE BE LIABLE TO YOU FOR ANY LOSS OF USE, INTERRUPTION OF BUSINESS, OR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT PRODUCT LIABILITY OR OTHERWISE, EVEN IF PINNACLE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some states or jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.