All products of VisiMix Ltd., including the VisiMix diskettes/CD, User's Guide and VisiMix Protection Plug (collectively, the "Product"), are subject to the terms stated below. 1. License. VisiMix, the developer of the VisiMix software Product, grants you a personal, non-transferable, non-exclusive license to install and use the Product solely on a single computer. The software, including any upgrade thereof, shall remain VisiMix's property, subject to the terms of this Agreement. The user may neither transfer any part of the Product or otherwise make it available to anyone else including through a network, nor may the User modify, disassemble, decompile, reverse engineer, revise or enhance the software or other part of the Product or attempt to discover the software's source code. The Product is a proprietary product of VisiMix, or its Licensor(s), and is protected by copyright law. 2. Service. VisiMix customers are entitled to receive free consultations regarding the use of the program for the solution of various mixing problems subject to maintenance and licensing terms. 3. Limited Warranty. VisiMix warrants that the items supplied under this Agreement are not defective and that the software is properly recorded on the media. If any of the items is physically defective, VisiMix will replace it free of charge during the 90-day warranty period, within a week after the User returns the defective item to VisiMix. After the 90-day period, the defective items will be replaced free of charge, the User covering all mailing and other replacement expenses only. The Product has been tested and the Documentation has been reviewed. However, except as specifically stated above, VisiMix MAKES NO WARRANTY OR REPRESENTATION, EITHER EXPRESSED OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THIS PRODUCT AND DOCUMENTATION. For example, VisiMix does not warrant that there are no discrepancies between the Product and the Documentation, nor that errors cannot arise during the use of this Product. 4. INTELLECTUAL PROPERTY INFRINGEMENT: We warrant that we have the right to grant the license to you, and that, at the time of entering this Agreement, we have no knowledge that any part of the Software infringes on any intellectual property rights held by any other person or entity. We shall defend at our own expense any action brought against you in which it is reasonably asserted that the Software infringes an intellectual property right. Without cost to you and upon our request, you shall co-operate fully with us in the defence and settlement of any such action. You shall immediately notify us of any such action brought or threatened against you and discontinue your use of the Software and we shall, at our option, either: (a) procure the right for you to continue using the Software; or (b) replace or modify the Software so that it becomes non-infringing but has substantially equivalent capabilities as the infringing system; or (c) if the measures described in (a) or (b) are not practical and economically available to us, we may terminate this License and pay to you the actual damages you have paid the holder of the infringed intellectual property right. However, we shall not be responsible or liable for any claim of infringement which relates to any version of the Software other than our version most recently released to our licensees or if that claim is based on a combination of the Software with other software programs. 5. Limitation of Liability. To the extent permitted by applicable law, the liability of VisiMix, if any, for damages relating to any of VisiMix products shall be limited to the actual amounts paid by the User for such VisiMix product, and shall in no event include incidental or consequential damages of any kind, even if VisiMix has been advised of the possibility of damages, or for any claims by the User made on any third-party claim. 6. Termination. Your failure to comply with the terms of this Agreement shall terminate your license and this Agreement. Sections 3 and 4 shall survive any termination of this Agreement.