Inspiration Software, Inc. License Agreement
Trial Period

In this Agreement, "Software" means the computer program and software known as Inspiration® Version 8.  "You" or "your" means the end user and licensee of the Software pursuant to this Agreement.  "Inspiration Software" means Inspiration Software, Inc., an Oregon corporation.   

BY USING, INSTALLING OR ACCESSING ALL OR ANY PORTION OF THE SOFTWARE YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT AND AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT.  WITHOUT LIMITING THE FOREGOING, IF DISPLAYED BELOW, IN ORDER TO USE THE SOFTWARE, YOU MUST CLICK "ACCEPT", INDICATING YOUR ACCEPTANCE OF THE TERMS AND CONDITIONS CONTAINED IN THIS AGREEMENT.  

GRANT OF LICENSE FOR USE ON ONE COMPUTER:  Inspiration Software grants to you a nonexclusive license to use the Software on the temporary memory, hard drive or other storage device of one computer for a period of not more than thirty (30) days after you successfully download or install the Software (sometimes, "Download" or "Downloaded") via (i) the Internet (from Inspiration’s software Internet or electronic storage devices) or (ii) a CD-ROM disk on which the Software has been incorporated and distributed by Inspiration Software (such thirty (30) day period is called the "Trial Period").  Except as set forth below, the Software will stop functioning after the Trial Period expires.    

Software Downloaded under the terms of this Agreement will operate as provided in this Agreement only on the computer on which Download (made in accordance with Inspiration Software’s installation instructions or approved protocols) successfully occurs.  During the Trial Period, we encourage you transfer the Software to others for their use during their own Trial Period.  However, after your Trial Period expires, you may not transfer the Software or make it operable in any manner (or attempt to do the same) on any computer or work station.  

If prior to expiration of or after the Trial Period you purchase a license for use of the Software beyond expiration of the Trial Period, you must purchase such license in accordance with Inspiration’s then current licensing, pricing and other policies for each computer or work station on which the Software is to be installed or can be used.  In that event, the terms and conditions of the license(s) accompanying or made applicable to such Software will apply to your continued use of such Software.  

Notwithstanding anything herein to the contrary, your use of all or a portion of Software content accessible via the Internet (as described below), may be terminated (and the license for your use thereof granted by this Agreement revoked), in whole or in part, by Inspiration Software, or its successors or assigns, at any time after July 31, 2010.     

PROPRIETARY RIGHT:  All right in and to the Software (including but not limited to any images, photographs, animations, video, audio, music, text, examples, templates, symbols and software modules incorporated into the Software) are owned or licensed by Inspiration Software and are protected by law, including without limitation, U.S. and international copyright laws and international trade provisions.  You acknowledge the ownership, validity and enforceability in all aspects of all rights, including patent, copyright and trademark rights, that Inspiration Software has in the Software.  You will not participate in any attack on the validity or enforceability of Inspiration Software’s above-described rights whether in court, the United States Patent and Trademark Office, the U.S. Copyright Office, or elsewhere, or otherwise contest Inspiration Software’s above-described rights.  It is in the intent of Inspiration Software and you that this paragraph shall have claim and issue preclusive effect.  You agree that the nature and quality of the Software will conform to standards set by Inspiration Software and otherwise be under the control of Inspiration Software.  You will not use the Software for any purpose other than as expressly provided in this Agreement, including without limitation, any unauthorized copying or distribution of, or other act with respect to the Software, that would violate any law. You may not modify, reverse engineer, decompile, disassemble, create derivative works, or otherwise change the whole or any part of the Software, nor may you deliver copies to, or sell, rent, lease, loan or sublicense the Software to any third party (other than as expressly provided in this Agreement).

LIMITED WARRANTY:  Inspiration Software warrants that any CD-ROM disk on which any portion of the Software is recorded will be free of defects in materials and workmanship under normal use for ninety (90) days after the original purchase.  If a defect occurs during such ninety (90) day period, you may return the CD-ROM disk to Inspiration Software for free replacement. Any replacement Software CD-ROM disk will be warranted for the remainder of the original warranty period or 30-days, whichever is greater; provided, however, that this replacement warranty is not available, nor will it be provided by Inspiration Software, outside of the United States of America.  Inspiration Software disclaims all other warranties, either express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose, with respect to the Software.  In no event will Inspiration Software be liable to you for damages, whether based on contract, tort, warranty or other legal or equitable basis, including any loss of profits, loss of business, cost savings or other indirect, special, incidental or consequential damages arising out of or related to the Software, even if Inspiration Software, or an authorized representative of Inspiration Software, has been advised of the possibility of such damages.  Subject to the foregoing, certain Software content may be available for use on your computer only through computer download via computer Internet access.  You understand that the operability and functionality of the Software may be dependent upon your computer’s performance capabilities, its capacity to access the Internet and the operability of computer servers or Internet web sites on which Software content may be stored or from which Software content may be accessed.  Without limiting any other matter contained herein, Inspiration Software does not warrant or represent that the Software will meet your requirements or that the operation of the Software will be uninterrupted or error-free.  You bear all risk of loss for computer, Software or other malfunctions arising from access to or use of the Internet. The remedies set forth in this Agreement shall be your sole and exclusive remedies for any breach of this Agreement by Inspiration Software.

GENERAL:  All notices under this Agreement will be transmitted between the parties at the addresses identified above, or as otherwise designated by written notice from either party to the other. This Agreement contains the entire understanding between the parties regarding the subject matter of this Agreement, superseding all prior or contemporaneous communications, agreements and understandings between you and Inspiration Software; provided, however that during the Trial Period, this Agreement will not be construed to limit, but rather to augment, any other right or remedy of Inspiration Software contained in any shrink-wrap or other license accompanying, relating to or incorporated into the Software, any operating manual or other related material, and the terms stated herein will supersede any inconsistent terms contained any such shrink-wrap or other license during the Trial Period.  This Agreement is binding on and inures to the benefit of the parties, their legal representatives, successors and assigns; provided, however, that except as otherwise provided herein, neither this Agreement, nor any rights granted hereunder, may be assigned, transferred, conveyed or encumbered by you without the prior written consent of Inspiration Software. This Agreement will be construed in accordance with the internal laws (and not the law of conflicts) of the state of Oregon, and it may be amended only in writing and signed by duly authorized representatives of both parties. If any provision or clause of this Agreement, or any portion thereof, is held by any court or other tribunal of competent jurisdiction to be illegal, void or unenforceable in such jurisdiction, the remainder of such provisions shall not thereby be affected and shall be given full effect, without regard to the invalid portion. This Agreement is neither intended to, nor shall it be construed as creating, a joint venture, partnership or other form of business association between the parties.  If any suit or action is filed by any party to enforce this Agreement or otherwise with respect to the subject matter of this Agreement, the prevailing party shall be entitled to recover reasonable attorney fees incurred in preparation or in prosecution or defense of such suit or action as fixed by the trial court, and if any appeal is taken from the decision of the trial court, reasonable attorney fees as fixed by the appellate court.  If you are a U.S. Government user, then the Software is provided with "RESTRICTED RIGHTS" as set forth in subparagraphs (c)(1) and (c)(2) of the Commercial Computer Software-Restricted Rights clause at FAR 52.277-19.
