Digital ArtwareTM ¨ ©1999 Vicious FishesTM Software, Inc.
End User License Agreement
 
This is a legal agreement between you and the Developer (Vicious Fishes 
Software) covering your use of the Software (Digital Artware). Be sure to read 
the following agreement before using the software. BY USING THE SOFTWARE 
(REGARDLESS IF YOU HAVE REGISTERED THE SOFTWARE OR NOT), YOU ARE AGREEING TO BE 
BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS 
AGREEMENT, DO NOT USE THE SOFTWARE AND DESTROY ALL COPIES OF IT.
 
PART I -- TERMS APPLICABLE UPON RECEIPT OF PRODUCT
GRANT. Subject to payment of applicable license fees, the Developer grants to 
you a non-exclusive license to use the Software and accompanying documentation 
in the manner described in Part II below under "Scope of Grant."
 
MAINTENANCE, MODIFICATION, AND TRAINING. For the duration of this agreement, if 
you notify the Developer of program error(s) or the Developer has other reason 
to believe that errors exist in the Software, the Developer shall use his best 
efforts to verify and fix the error(s) within ninety (90) days. The Developer 
will then supply at no charge to you all Software enhancements improving 
performance or utility that are made freely available to other licensed users. 
The Developer shall promptly notify you if an error cannot be fixed within the 
time specified in this paragraph. End-user support will be provided via 
electronic mail.
 
WARRANTIES. The Developer warrants i) that he has the legal right to grant you 
this and that such license does not infringe any third parties' patent, 
copyright, trade secret, or other property rights; ii) there are no pending 
lawsuits or claims concerning any aspect of the Software, iii) the Software has 
not been published in such a way as to lose any of its copyright protection, and 
iv) the Software is in substantial compliance with the included documentation.
 
INDEMNIFICATION. The Developer agrees to indemnify and hold you harmless from 
claims by third parties arising out of a breach by the Developer of its 
warranties made in the above paragraph provided that you promptly notify the 
Developer of all claims. The Developer shall defend you against all claims that 
the Software infringes a patent, copyright, trade secret, or other property 
right of a third party and shall pay the resultant court costs, legal fees, and 
any approved settlements or damages finally awarded, up to the amount of payment 
received or accrued from you for the Software as of the date the award or 
settlement is paid.
 
PART II -- TERMS APPLICABLE TO ALL LICENSE GRANTS
SCOPE OF GRANT.
 
You may:
* use the Software on any single computer;
* use the Software on a network, provided that each person accessing the 
Software through the network must have a copy licensed to that person;
* use the Software on a second computer so long as only one copy is used at a 
time;
* copy the Software for archival purposes, provided any copy must contain all of 
the original Software's proprietary notices;
* if you have purchased a Site License, you may use the Software on any of your 
organizations computers located within a 100 mile radius of your site (160 
kilometers); or...
* if you have purchased a World-Wide License, you may use the Software on any of 
your organization's computers located World-Wide.
You may not:
* permit other individuals to use the Software except under the terms listed 
above;
* permit concurrent use of the Software;
* modify, translate, reverse engineer, decompile, disassemble (except to the 
extent applicable laws specifically prohibit such restriction), or create 
derivative works based on the Software;
* copy the Software other than as specified above;
* rent, lease, grant a security interest in, or otherwise transfer rights to the 
Software; or
* remove any proprietary notices or labels on the Software.
 
TITLE.
Title, ownership rights, trademarks and intellectual property rights in the 
Software shall remain with the Developer and/or his suppliers. The Software is 
protected by the copyright laws and treaties.
 
TERMINATION.
The license will terminate automatically if you fail to comply with the 
limitations described herein. On termination, you must destroy all copies of the 
Software and documentation.
 
MISCELLANEOUS.
If the copy of the Software you received was accompanied by a printed or other 
form of "hard-copy" End User License Agreement whose terms vary from this 
Agreement, then the hard-copy End User License Agreement governs your use of the 
Software. This Agreement represents the complete agreement concerning this 
license and may be amended only by a writing executed by both parties. THE 
ACCEPTANCE OF ANY PURCHASE ORDER PLACED BY YOU IS EXPRESSLY MADE CONDITIONAL ON 
YOUR ASSENT TO THE TERMS SET FORTH HEREIN, AND NOT THOSE IN YOUR PURCHASE ORDER. 
If any provision of this Agreement is held to be unenforceable, such provision 
shall be reformed only to the extent necessary to make it enforceable. This 
Agreement shall be governed by Washington State law (except for conflict of law 
provisions).
U.S. GOVERNMENT RESTRICTED RIGHTS. Use, duplication or disclosure by the 
Government is subject to restrictions set forth in subparagraphs (a) through (d) 
of the Commercial Computer-Restricted Rights clause at FAR 52.227-19 when 
applicable, or in subparagraph (c)(1)(ii) of the Rights in Technical Data and 
Computer Software clause at DFARS 252.227-7013, or at 252.211-7015, or to the 
Developer's standard commercial license, as applicable, and in similar clauses 
in the NASA FAR Supplement. Developer is Vicious FishesTM Software, Inc., 119 E. 
Union St., Suite# D, Pasadena, CA 91103, USA.
