PiXPO End user license agreement

End User License Agreement (EULA)

SOFTWARE COPYRIGHT AND LICENSE AGREEMENT

PLEASE READ THIS AGREEMENT BEFORE INSTALLING THIS SOFTWARE

THIS END-USER LICENSE AGREEMENT ('EULA') IS A CONTRACT. BY DOWNLOADING, INSTALLING, ACCESSING, OR USING THE SOFTWARE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT INSTALL THE SOFTWARE AND DESTROY ALL COPIES FROM ALL COMPUTERS WHERE IT HAS BEEN DOWNLOADED, COPIED OR INSTALLED.

Disclaimer and content policy

Mixpo Portfolio Broadcasting Inc. ("Mixpo") reserves the right to terminate any membership, whether paid or unpaid, if the shared content is unacceptable. The definition of unacceptable content is solely at the discretion of Mixpo, but automatically includes illegal image, audio, or video files and material in violation of legal copyright(s).

Additionally, all material which is not suitable or legally viewable by minors must be marked as 'not appropriate for all audiences'. Failure to so mark this content will result in immediate termination of your membership. Such terminations will not result in a refund or any other liability on the part of Mixpo.

1. Definitions
(a) Mixpo Portfolio Broadcasting Inc. is a company incorporated in British Columbia, Canada.
(b) "Software" means the software programs included in this package.
(c) "Product" means all Software, manuals, and other related documentation included in this package as well as all future related updates supplied by Mixpo.
(d) "Service" means any central server services that the Software may depend on or require in order to operate properly.

2. License - Mixpo grants to you and you hereby accept a license to use the Product and all related materials delivered with this EULA as follows:
(a) The Software may be installed on one computer and may be used only by authorized persons on that computer.
(b) You may not transfer the Licenses and Service Subscriptions.
(c) All rights not expressly granted are reserved by Mixpo.

3. Restrictions
(a) You may not make or distribute copies of the Product without the express written permission of Mixpo. Copyright law and international copyright treaty provisions protect all parts of the Software, Product and Services. You should be aware that it is unlawful to copy, reproduce, or transmit any part of the Product in any form or by any means (including translation to another language, computer language, or format) except as permitted by governing law. You are permitted to write the contents of the Software into the machine memory of your computer so that the Software can be executed.
(b) You are not permitted to disclose your Product serial number or Service subscription codes or passwords to any individual or group.
(c) In order to protect Mixpo's trade secrets contained therein which may be revealed by such action, you may not reverse engineer, decompile, disassemble or otherwise reduce the Software to any human readable or perceivable form.
(d) You may not rent, lease, or lend the Product.
(e) You may not create derivative works based on the Software or any part thereof.
(f) You agree not to export or re-export the Product into any country prohibited by governing law.

4. Termination - Any failure to comply with the terms and conditions of this Agreement will result in automatic termination of this License and the Service. Upon termination of this License for any reason, you agree to stop using the product and destroy all copies of the Product.

5. Terms and Conditions of Service
(a) The Product may need to communicate via the Internet with a central server ("Service") in order for certain features to operate properly. Mixpo reserves the right to charge a fee for the Service and to restrict access to the Service to anyone, at any time and for any reason.
(b) Mixpo may extend no cost temporary licenses and subscriptions for trial and evaluation purposes to certain users and allow the use of the Product and the Service with or without restrictions. Mixpo reserves the right to change the restrictions and/or terminate all no cost licenses at any time, for any reason, without notice.
(c) You will only use the Product to share image, audio or video files created by you and for which you own full copyrights or a valid license to distribute the works from the copyright holder.

6. No Monitoring of Content
(a) Mixpo does not have access or control over the content of a user's Mixcards and does not have any obligation to monitor such content for any purpose. All content is always in the possession of the user and is the sole responsibility of that user, not Mixpo.
(b) Mixpo claims no ownership rights in any image, audio or video file contained in any of your media Mixcards.

7. Software Updates
Mixpo may from time to time, at its own discretion, provide you with updates to the manuals and/ or Software. Mixpo reserves the right to provide these updates for a fee and to restrict their availability to anyone for any reason. You may refuse to accept the updates. By accepting the updates, you agree to destroy all prior copies and versions of the Software and manuals (if applicable). Only then will the License granted to you by this Agreement transfer to the updated Software.

8. Ownership - You never own the Software. This license gives you limited rights to use the Software. Although you own the media on which the Software is installed, you do not become owner of the Software to which Mixpo and/or its licensors retain all title. All rights not specifically granted herein, including, but not limited to International Copyrights, are reserved worldwide by Mixpo.

9. Limited Warranty and Disclaimer, Limitation of Remedies and Damages - You hereby acknowledge that you are solely responsible for selecting the Product and that the Product may not satisfy all your requirements or be free from defects. Mixpo specifically does not warrant that the Software will operate uninterrupted or error free. You therefore agree to license the Product "AS IS." Notwithstanding the foregoing, Mixpo warrants to you (the original purchaser), that if you discover physical defects in the media on which the Software is distributed, or in the manuals distributed with the Product, Mixpo will replace the media or manuals at no charge, provided you return the defective items, postage prepaid and with proof of purchase, within 90 days of the date of original purchase. Your exclusive remedy for breach of warranty will be the replacement of the diskettes, CDs or manuals or the refund of the purchase price.

Mixpo reserves the right to revise the Product without obligation to notify any person of such revision. In no event shall Mixpo or its developers, directors, officers, employees or affiliates be liable to you for any indirect, special, incidental, or consequential damages (including damag foreseeable or not, arising out of the use or inability to use the Product. Mixpo's liability to you or others for actual damages for any cause whatsoever will in no event exceed the lesser of US $500 or the amount paid by you for the Product th such data.

EXCEPT AS SPECIFICALLY STATED HEREIN, MIXPO MAKES NO OTHER WARRANTIES, EXPRESSED OR IMPLIED, WITH RESPECT TO THE SOFTWARE OR MANUALS INCLUDING (BUT NOT LIMITED TO) IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE WARRANTY AND REMEDIES SET FORTH ABOVE ARE EXCLUSIVE AND IN LIEU OF ALL OTHERS, ORAL OR WRITTEN, EXPRESSED OR IMPLIED. IF APPLICABLE LAW IMPLIES ANY WARRANTIES WITH RESPECT TO THE PRODUCT, ALL SUCH WARRANTIES ARE LIMITED TO NINETY DAYS (90) FROM THE DATE OF DELIVERY. No Mixpo dealer, agent, or employee is authorized to make any modification, extension, or addition to this warranty.

Some regions do not allow limitations on how long an implied warranty lasts or the exclusion or limitation of implied warranties or liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you. This warranty gives you specific legal rights and you may also have other rights, which vary from region to region.

10. Governing Law - This Agreement shall be governed by the laws of the Province of British Columbia and the laws of Canada applicable therein. You hereby irrevocably agree and submit to the non-exclusive jurisdiction of the courts of British Columbia, and any competent Courts of Appeal there from. If any provision shall be considered unlawful, void or otherwise unenforceable, then that provision shall be deemed severable from this License and not affect the validity and enforceability of any other provisions. All questions concerning this agreement should be sent to: Mixpo Portfolio Broadcasting Inc., 1008 Homer St, Suite 312, Vancouver, BC V6B 2X1.

LICENSES, TRADEMARKS AND COPYRIGHTS

Mixpo Software was designed and programmed by Mixpo, and is Copyright © 2002-2007. All Rights Reserved. Mixpo is a trademark of Mixpo Portfolio Broadcasting Inc. and may be registered in certain jurisdictions. All other brand, trademarked and product names are the property of their respective holder.

© Copyright 2007 Mixpo Portfolio Broadcasting Inc. All Rights Reserved Worldwide.