[Note: Fractal Imager contains Iterated's Encoder software, for creating fractal images, and its Decoder software for viewing and converting fractal images. The Encoder and Decoder are licensed to you under separate terms, as described in this License Agreement.] By clicking on the Accept Button, you are consenting to be bound by this License Agreement. If you do not agree to all of the terms of this License Agreement, click the Do Not Accept Button and the installation process will not continue. END USER LICENSE AGREEMENT - FRACTAL IMAGE ENCODER AND DECODER DISTRIBUTION OF THE ENCODER SOFTWARE IS NOT PERMITTED UNLESS A SEPARATE DISTRIBUTION AGREEMENT IS SIGNED BY ITERATED SYSTEMS, INC. ("ITERATED") AND YOU AND DISTRIBUTION FEES ARE PAID BY YOU. YOU MUST PAY THE APPLICABLE LICENSE FEES TO ITERATED PRIOR TO USING THE ENCODER SOFTWARE FOR REVENUE-GENERATING PURPOSES, OR WITHIN THIRTY (30) DAYS AFTER FIRST USING THE ENCODER SOFTWARE TO COMPRESS OR ENCODE IMAGES, WHICHEVER OCCURS FIRST, OR YOU MUST STOP USING THE ENCODER SOFTWARE. ENCODER SOFTWARE GRANT: When you pay the applicable license fees of Iterated, then Iterated grants you a limited, nontransferable, terminable, non-exclusive license subject to the following to use its accompanying computer software product known as the Fractal Image Encoder [including 32-bit and Macintosh versions ("Encoder Software")] for individual use only as described below on a single user Personal Computer. Prior to paying such license fees, you are permitted to use the Encoder Software for evaluation and educational purposes only, and not for any revenue-generating purposes. Except as permitted in a fully signed and paid up Distribution Agreement, you may NOT distribute the Encoder Software or place the Encoder Software on networks or online systems or allow download or copying of the Encoder Software except for the exclusive purpose of allowing downloading and copying of the Encoder Software for archival and installation purposes (but not for purposes of execution by the network or online system) provided any such copy must contain all of the original proprietary, license and copyright notices. This Encoder Software Grant paragraph only applies to the image compression Encoder Software described above and does not grant any rights to any other Iterated software, even if related to the Encoder Software, including the Decoder Software described below. DECODER SOFTWARE GRANT: Iterated grants you a limited, nontransferable, terminable, non-exclusive license subject to the following to use its accompanying computer software product known as the Fractal Image Decoder [including 16-bit, 32-bit and Macintosh versions ("Decoder Software")] for individual use only on a Personal Computer as described below. You may place the Decoder Software on networks and online systems exclusively for the purpose of allowing downloading and copying of the Decoder Software for archival, distribution and installation purposes provided any such copy must contain all of the original Decoder Software and text files including this License Agreement and any proprietary, license and copyright notices on the original. This Decoder Software Grant paragraph only applies to the image decompression Decoder Software, described in this paragraph above and does not grant any rights to any other Iterated software, even if related to the Decoder Software, including the Encoder Software and any other software that encodes or compresses data or images in any way. The Decoder Software and Encoder Software are also collectively referred to as "Software". You may use the Decoder Software only on a single user personal computer that: (a) has one Intel 386, 486 or Pentium processor, Motorola 68030 or 68040 processor or IBM Power PC processor; (b) operates only the Microsoft DOS and Windows operating system or the Macintosh operating system; (c) contains at least 4 megabytes of random access memory; (d) contains at least 80 megabytes of internal hard disk storage; (e) contains a keyboard (not an infrared remote) and monitor (not a television set); (f) is able to produce printed output on a local printer; and (g) does not act as a server on any network (including a local area network, wide area network or Internet) or otherwise allow operation of the Decoder Software from a remote or separate computer or terminal ("Personal Computer"). For the avoidance of doubt, and without limitation of the foregoing, "Personal Computer" does not include game players, television set-top boxes or so-called "Internet Appliances". You may not permit other individuals to use, operate or copy the Software (except as permitted above). You may not use or allow the use of the Decoder Software on any computer or other device that is not a Personal Computer (as defined above). You may not modify, translate, reverse engineer, decompile, disassemble, (except to the extent applicable laws prohibit such restriction), or create derivative works, based on the Software, copy the Software (except as specified above), rent lease, transfer, license or otherwise transfer rights to, the Software, or remove any proprietary notices, licenses, displays, installation procedures or labels on or in the Software, whether set forth in text files or on media. You may not use the Software in a service bureau, online service or in any way for the benefit of third parties, regardless of whether such third parties pay for such service. DISCLAIMER OF WARRANTY: THE SOFTWARE IS LICENSED ON AN AS-IS BASIS, WITHOUT WARRANTY OR CONDITION OF ANY KIND AND ITERATED DISCLAIMS ALL WARRANTIES AND CONDITIONS, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. The entire risk as to the quality and performance of the Software is borne by you. Should the Software prove defective, you and not Iterated assume the entire cost of any service and repair. This Disclaimer of Warranty constitutes an essential part of the License Agreement. SOME STATES DO NOT ALLOW EXCLUSIONS OF AN IMPLIED WARRANTY, SO THIS DISCLAIMER MAY NOT APPLY TO YOU AND YOU MAY HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE OR BY JURISDICTION. LIMITATION OF LIABILITY: UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT, CONTRACT, OR OTHERWISE, SHALL ITERATED OR ITS SUPPLIERS, LICENSORS OR RESELLERS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY TYPE INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, LOSS OF DATA, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES. IN NO EVENT WILL ITERATED BE LIABLE FOR ANY DAMAGES IN EXCESS OF ITERATED'S LIST PRICE LICENSE FEE FOR THE SOFTWARE, IF ANY, EVEN IF ITERATED SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU. TITLE: Title, ownership rights, and intellectual property rights in and to the Software shall remain in Iterated and/or its licensors or suppliers. The Software is protected by copyright laws of the United States and international copyright treaties. You are permitted to use only one copy of the Software, even if you receive multiple copies, whether via download or magnetic media. Title, ownership rights, and intellectual property rights in and to the content accessed through the Software is the property of the applicable content owner, and may be protected by copyright or other applicable law. This License gives you no rights to such content. TERMINATION: This License will terminate automatically if you fail to comply with the limitations described above, including the requirement to timely pay license fees. On termination, you must destroy all copies of the Software and documentation. MISCELLANEOUS: This Agreement represents the complete agreement concerning this license between the parties and supersedes all prior agreements and representations between the parties with respect to the subject matter of this license. This Agreement 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 CONTAINED IN YOUR PURCHASE ORDER. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable. This Agreement shall be governed by and construed under Georgia substantive law as such applies to agreements between Georgia residents entered into and performed within Georgia, except as governed by United States Federal law. You consent to the jurisdiction of the state and federal courts in the State of Georgia, U.S.A. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. U.S. GOVERNMENT RESTRICTED RIGHTS: The Software and documentation are provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by or for the U.S. Government is subject to restrictions set forth in DFARS 252.227-7013 (c)(1)(ii), FAR 52,227-19, and Clause 18-52.227-86(d) of NASA Supplement to the FAR, as applicable. Contractor/manufacturer is Iterated Systems, Inc., 3525 Piedmont Road, Seven Piedmont Center, Suite 600, Atlanta, Georgia, U.S.A. 30305-1530. # # #