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PicRename License Agreement (EULA)

From Reynold M. Deguzman

DISCLAIMER OF WARRANTY.

This Software is provided on an "AS IS"

basis, without warranty of any kind, including without

limitation the 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 Reynold M. de Guzman assume the

entire cost of any service and repair. All tax collection,

reporting and compliance responsibilities, now and in the

future are your responsibility entirely and not that of

Reynold M. de Guzman In addition, the security mechanisms

implemented by Reynold M. de Guzman software have

inherent limitations, and you must determine that the

Software sufficiently meets your requirements. This

disclaimer of warranty constitutes an essential part of

the agreement. SOME JURISDICTIONS 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 BY

JURISDICTION.

PART I -- TERMS APPLICABLE WHEN LICENSE FEES PAID

GRANT. Subject to payment of applicable license fees,

Reynold M. de Guzman grants to you a non-exclusive

license to use the Software and accompanying

documentation ("Documentation") in the manner described

in Part III below under "Scope of Grant."

LIMITED WARRANTY.

This program is sold with the "Try it before you buy it"

policy. We want your complete satisfaction BEFORE you

pay any money.

Reynold M. de Guzman warrants the Software, for a period

of 30 days after acquisition if operated as directed,

will substantially achieve the functionality described

in the online Documentation. Reynold M. de Guzman

does not warrant, however, that your use of the Software

will be uninterrupted or that the operation of the

Software will be error-free or secure.

THIS IS A LIMITED WARRANTY AND IT IS THE ONLY WARRANTY

MADE BY Reynold M. de Guzman. Reynold M. de Guzman

MAKES NO OTHER EXPRESS WARRANTY AND NO WARRANTY OF

NONINFRINGEMENT OF THIRD PARTIES' RIGHTS.

THE DURATION OF IMPLIED WARRANTIES, INCLUDING WITHOUT

LIMITATION, WARRANTIES OF MERCHANTABILITY AND OF FITNESS FOR

A PARTICULAR PURPOSE, IS LIMITED TO THE ABOVE LIMITED WARRANTY

PERIOD; SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW

LONG AN IMPLIED WARRANTY LASTS, SO LIMITATIONS MAY NOT APPLY TO

YOU. NO Reynold M. de Guzman DEALER, AGENT, OR EMPLOYEE IS

AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS, OR

ADDITIONS TO THIS WARRANTY. If any modifications are

made to the Software by you during the warranty period;

if the media is subjected to accident, abuse, or

improper use; or if you violate the terms of this

Agreement, then this warranty shall immediately be

terminated. This warranty shall not apply if the

Software is used on or in conjunction with hardware or

software other than the unmodified version of hardware

and software with which the software was designed to be

used as described in the Documentation. THIS WARRANTY

GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER

LEGAL RIGHTS THAT VARY BY JURISDICTION.

PART II -- TERMS APPLICABLE TO ALL LICENSE GRANTS

SCOPE OF GRANT.

You may:

* use the Software on any single computer;

* copy the Software for archival purposes, provided any

copy must contain all of the original Software's

proprietary notices;

You may not:

* modify, translate, reverse engineer, decompile,

disassemble (except to the extent applicable laws

specifically prohibit such restriction), or create

derivative works based on the Software;

* copy the Software other than as specified above;

* rent, lease, grant a security interest in, or

otherwise transfer rights to the Software; or

* remove any proprietary notices or labels on the

Software.

TITLE.

Title, ownership rights, and intellectual property

rights in the Software shall remain in Reynold M. de Guzman

and/or its suppliers. The Software

is protected by the copyright laws and treaties. Title

and related rights in the content accessed through the

Software is the property of the applicable content owner

and may be protected by applicable law. This License

gives you no rights to such content.

TERMINATION.

The license will terminate automatically if you fail to

comply with the limitations described herein. On

termination, you must destroy all copies of the Software

and Documentation.

EXPORT CONTROLS.

None of the Software or underlying information or

technology may be downloaded or otherwise exported or

reexported (i) into (or to a national or resident of)

Cuba, Iraq, Libya, Yugoslavia, North Korea, Iran, Syria

or any other country to which the U.S. has embargoed

goods; or (ii) to anyone on the U.S. Treasury

Department's list of Specially Designated Nationals or

the U.S. Commerce Department's Table of Denial Orders.

By downloading or using the Software, you are agreeing

to the foregoing and you are representing and warranting

that you are not located in, under the control of, or a

national or resident of any such country or on any such

list.

In addition, if the licensed Software is identified as a

not-for-export product, then the following

applies: EXCEPT FOR EXPORT TO CANADA FOR USE IN CANADA

BY CANADIAN CITIZENS, THE SOFTWARE AND ANY UNDERLYING

TECHNOLOGY MAY NOT BE EXPORTED OUTSIDE THE UNITED STATES

OR TO ANY FOREIGN ENTITY OR "FOREIGN PERSON" AS

DEFINED BY U.S. GOVERNMENT REGULATIONS, INCLUDING

WITHOUT LIMITATION, ANYONE WHO IS NOT A CITIZEN,

NATIONAL OR LAWFUL PERMANENT RESIDENT OF THE UNITED

STATES. BY DOWNLOADING OR USING THE SOFTWARE, YOU ARE

AGREEING TO THE FOREGOING AND YOU ARE WARRANTING THAT

YOU ARE NOT A "FOREIGN PERSON" OR UNDER THE CONTROL OF

A FOREIGN PERSON.

LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES AND

UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE,

SHALL Reynold M. de Guzman OR ITS SUPPLIERS OR

RESELLERS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY

INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES

OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES

FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR

MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR

LOSSES. IN NO EVENT WILL Reynold M. de Guzman BE

LIABLE FOR ANY DAMAGES IN EXCESS OF THE AMOUNT

Reynold M. de Guzman RECEIVED FROM YOU FOR A LICENSE

TO THE SOFTWARE, EVEN IF Reynold M. de Guzman

SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH

DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. THIS

LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR

DEATH OR PERSONAL INJURY TO THE EXTENT APPLICABLE LAW

PROHIBITS SUCH LIMITATION. FURTHERMORE, SOME

JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION

OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS

LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.

HIGH RISK ACTIVITIES.

The Software is not fault-tolerant and is not designed,

manufactured or intended for use or resale as on-line

control equipment in hazardous environments requiring

fail-safe performance, such as in the operation of

nuclear facilities, aircraft navigation or communication

systems, air traffic control, direct life support

machines, or weapons systems, in which the failure of

the Software could lead directly to death, personal

injury, or severe physical or environmental damage

("High Risk Activities"). Reynold M. de Guzman

and its suppliers specifically disclaim any express or

implied warranty of fitness for High Risk Activities.

MISCELLANEOUS.

This Agreement represents the complete agreement

concerning this license and 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 IN YOUR PURCHASE ORDER. If any provision of this

Agreement is held to be unenforceable, such provision

shall be reformed only to the extent necessary to make

it enforceable. This Agreement shall be governed by

Missouri law (except for conflict of law provisions).

The application the United Nations Convention of

Contracts for the International Sale of Goods is

expressly excluded.

U.S. GOVERNMENT RESTRICTED RIGHTS. Use, duplication or

disclosure by the Government is subject to restrictions

set forth in subparagraphs (a) through (d) of the

Commercial Computer-Restricted Rights clause at FAR

52.227-19 when applicable, or in subparagraph (c)(1)(ii)

of the Rights in Technical Data and Computer Software

clause at DFARS 252.227-7013, or at 252.211-7015, or to

Reynold M. de Guzman's standard commercial license, as

applicable, and in similar clauses in the NASA FAR

Supplement. Contractor/manufacturer is

Reynold M. de Guzman,

99-947A Lalawai Dr. Aiea, HI 96701

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