Ken-A-Vision, Mfg.
END-USER LICENSE AGREEMENT FOR KEN-A-VISION, MFG. PRODUCTS

NOTICE TO USER:

THIS IS A CONTRACT. BY INSTALLING THIS SOFTWARE, YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, YOU SHOULD PROMPTLY DESTROY ALL ELECTRONIC COPIES AND RETURN THIS PACKAGE TO PLACE WHERE YOU OBTAINED IT FOR A FULL REFUND, OR IN THE CASE OF ELECTRONIC DISTRIBUTION, YOU SHOULD DESTROY ALL COPIES IN YOUR POSSESION.

1. Grant of License. Ken-A-Vision, Mfg. grants to the Licensee purchasing this copy of Ken-A-Vision, Mfg. machine readable software and associated files ("Software"), and if applicable all enclosed circuit board and related parts and equipment ("Hardware"), license of use on any single computer, provided that use is permitted on only one computer at a time. The Software is "in use" on a computer when it is either loaded into temporary memory (i.e. RAM) or installed into permanent memory (i.e. hard disk, CD ROM, etc.), except that a copy loaded into the permanent memory of a network server for the sole purpose of distribution to other computers is not "in use." If the anticipated number of user of the Software exceeds the number of applicable licenses, you must have some reasonable mechanism or process in place to insure that the number of concurrent users does not exceed the number of Licensees.

2. Copyright. The manual and the software are owned and copyrighted by EchoFX, Inc. and Ken-A-Vision, Mfg. and its licensors with all rights reserved. You may make a single copy of the Software solely for backup purposes. You may not copy the manual or any part thereof.

3. Restrictions. You may permanently transfer your rights under this Agreement by providing to such party this Agreement, the Software, and all accompanying written materials, provided that you retain no copies of the Software or written materials and that the other party agrees to the terms of the License Agreement. You may not reverse engineer, decompile or dissemble the Software. You may not modify, adapt, translate, rent, lease, loan or create derivative works from the Software.

4. Term. The license is effective until terminated. The License will terminate immediately, if you fail to comply with any term or condition of this Agreement. Should this Agreement be terminated, or in order for you to terminate the Agreement, you agree to destroy the Software, all accompanying written materials and all copies thereof.

5. Limited Warranty. Ken-A-Vision, Mfg. warrants to you that the medium (i.e. diskettes, disk, CD ROM, etc) on which the software is recorded will be free from defects in material and workmanship for a period of ninety (90) days from the date of receipt, and that any Hardware accompanying the Software will be free from defects in materials and workmanship for a period of two (2) years from the date of receipt. THE SOFTWARE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. Ken-A-Vision, mfg., MAKES NO OTHER REPRESENTATIONS OR WARRANTIES AS TO THE SOFTWARE OR HARDWARE, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Some states do not allow the exclusion or limitation of implied warranties, so the above exclusion may not apply to you. The agents, employees and dealers of Ken-a-Vision, Mfg. are not authorized to make modifications to this warranty, nor are additional statements or warranties binding on Ken-A-Vision, mfg.

6. Limitation of Remedies. Ken-A-Vision, Mfg's entire liability and your exclusive remedy shall be at Ken-A-Vision’s option (a) the refund of the purchase price; or (b) the replacement of the diskettes, CD-ROM, electronic version or Hardware, as applicable. This limited warranty is void if failure of the Software or Hardware has resulted from accident, abuse, or misapplication. IN NO EVENT SHALL KEN-A-VISION, MFG. OR ITS DEVELOPERS, DIRECTORS, OFFICERS, EMPLOYEES, OR AFFILIATES BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION AND LOSS OF BUSINESS INFORMATION ARISING FROM THE USE OR THE INABILITY TO USE THE SOFTWARE, HARDWARE OR ACCOMPANYING WRITTEN MATERIALS. Some states do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you. 
Ken-A-Vision shall have no liability or responsibility for Software or Hardware altered by you or a third party or for problems due to the malfunction of your equipment or software not provided by Ken-A-Vision.

7. Choice of Law. This Agreement will be governed by the laws of the State of Missouri.

8. Export Law Assurances. You agree and certify that neither the Software nor any other technical data received from Ken-A-Vision nor the direct product thereof, will be exported outside of the United States except as authorized and as permitted by the laws and regulation of the United States, and as permitted by Ken-A-Vision.

9. General. Should you have any questions concerning this Agreement, you may contact the Licensor by writing to Ken-A-Vision, Mfg., 5615 Raytown Rd. Kansas City, MO 64133.

U.S. Government Restricted Rights
The Software and documentation are provided with Restricted 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 CFR 52.227-19, as applicable. Ken-A-Vision, Mfg., 5615 Raytown Rd. Kansas City, MO 64133.

YOUR ACCEPTANCE OF THE FOREGOING AGREEMENT IS INDICATED BY INSTALLATION.