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License Agreement

- Editorial Photography Estimator version 1.10 (web version)
- Editorial Photography Estimator version 1.10 (Excel* data format)
- Editorial Photography Estimator version 1.21
(standalone Filemaker* version, Macintosh)
- Editorial Photography Estimator version 1.21
(standalone Filemaker*, PC Compatible)

*Excel and Filemaker are a trademark of Microsoft, Inc. and Filemaker, Inc. respectively. This license does not include a license for Microsoft Excel or Filemaker.


This License Agreement is a legal agreement between you and Kenneth C. Richardson for the software product(s) identified above which may include associated software components, media, printed materials, and "online" or electronic documentation ("software product"). By installing, copying, or otherwise using the software product, you agree to be bound by the terms of this license agreement. If you do not agree to the terms of this license agreement, do not install or use the software product.

The software product is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The software product is licensed, not sold.

1. GRANT OF NON-EXCLUSIVE LICENSE. The software product is licensed as follows:
* Installation and Use. Kenneth C. Richardson grants you the right to install and use copies of the software product .
* Backup Copies. You may also make copies of the software product as may be necessary for backup and archival purposes.

2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.
* Maintenance of Copyright Notices. You must not remove or alter any copyright notices on all copies of the software product.
* Distribution. You may not distribute copies of the software product to third parties.
* Prohibition on Reverse Engineering, Decompilation, and Disassembly. You may not reverse engineer, decompile, or disassemble the software product , except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation. You may not incorporate this program into other software or new software products.
* Rental. You may not rent, lease, or lend the software product.
* Transfer. You may not transfer any of its rights under this license agreement.
* Support Services. Kenneth C. Richardson may provide you with support services related to the software product ("Support Services"). Support Services are not guaranteed and are available at the discretion of Kenneth C. Richardson.
* Compliance with Applicable Laws. You must comply with all applicable laws regarding use of the software product.

3. TERMINATION. Without prejudice to any other rights, Kenneth C. Richardson may terminate this license agreement if you fail to comply with the terms and conditions of this license agreement. In such event, you must destroy all copies of the software product in your possession or control.

4. COPYRIGHT. All title, including but not limited to copyrights, in and to the software product and any copies thereof are owned by Kenneth C. Richardson. All title and intellectual property rights in and to the content which may be accessed through use of the software product is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. This license agreement grants you no rights to use such content. All rights not expressly granted are reserved by Kenneth C. Richardson.

5. NO WARRANTIES. To the maximum extent permitted by applicable law, Kenneth C. Richardson provides the software product and any (if any) Support Services related to the software product as is and with all faults, and hereby disclaim all warranties and conditions, either express, implied or statutory, including, but not limited to, any (if any) implied warranties or conditions of merchantability, of fitness for a particular purpose, of lack of viruses, of accuracy or completeness of responses, of results, and of lack of negligence or lack of workmanlike effort, all with regard to the software product, and the provision of or failure to provide support services. The software product is not intended to be used to fix or set photography pricing in any manner shape or form. It is a tool to demonstrate the relationship between usage and prices. Also, there is no warranty or condition of title, quiet enjoyment, quiet possession, correspondence to description or non-infringement, with regard to the software product. The entire risk as to the quality of or arising out of use or performance of the software product and support services, if any, remains with you.

6. Exclusion of incidental, consequential and certain other damages. To the maximum extent permitted by applicable law, in no event shall Kenneth C. Richardson or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits or confidential or other information, for business interruption, for personal injury, for loss of privacy, for failure to meet any duty including of good faith or of reasonable care, for negligence, and for any other pecuniary or other loss whatsoever) arising out of or in any way related to the use of or inability to use the software product, the provision of or failure to provide support services, or otherwise under or in connection with any provision of this license agreement, even in the event of the fault, tort (including negligence), strict liability, breach of contract or breach of warranty of Kenneth C. Richardson or any supplier, and even if Kenneth C. Richardson or any supplier has been advised of the possibility of such damages.

7. LIMITATION OF LIABILITY. Notwithstanding any damages that you might incur for any reason whatsoever (including, without limitation, all damages referenced above and all direct or general damages), the entire liability of Kenneth C. Richardson under any provision of this license agreement and your exclusive remedy for all of the foregoing shall be limited to the greater of the amount actually paid by you for the software product or U.S.$1.00. The foregoing limitations, exclusions and disclaimers shall apply to the maximum extent permitted by applicable law, even if any remedy fails its essential purpose.

8. MISCELLANEOUS.
This license agreement is governed by the laws of the State of Pennsylvania.

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Copyright 2000, 2001 - Kenneth C. Richardson
ken@irisrichardson.com