End User License Agreement

READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE OPENING THIS PACKAGE,
OR INSTALLING THE RecordnRip SOFTWARE. OPENING THIS PACKAGE OR INSTALLING THIS SOFTWARE
INDICATES YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, PROMPTLY RETURN THIS PACKAGE UNOPENED TO YOUR SUPPLIER AND YOUR MONEY WILL BE REFUNDED.

1. License
In this license agreement ("License Agreement"), you, the purchaser of the license rights granted by this Agreement, are referred to as "Licensee" or "You." In accordance with the terms and conditions of this License Agreement, West Frontier Holdings S.A. Publishing Inc. ("Licensor") grants Licensee the non exclusive license to use the RecordNRip™ ("Software") and documentation ("Documentation"). In this License Agreement, the Software and Documentation and any copies or modifications are referred to as the "Licensed Product."

All rights to and in the Licensed Product, including, but not limited to, copyrights and trade secret rights, belong to Licensor and Licensor holds title to each copy of the Software. The Software shall only be used on a single computer at one time. Licensee shall not transfer or distribute the Licensed Product to others, and this Agreement shall automatically terminate in the event of such a transfer or distribution. Licensee shall not copy or modify the Licensed Product, except that Licensee may copy the Software for the sole purpose of backup as long as all copyright and other notices are reproduced and included on the backup copy. All rights not expressly granted are hereby reserved by Licensor.

Licensee may not sublicense, assign or otherwise transfer this License Agreement or Software except as expressly provided in this License Agreement.

Any attempt to otherwise sublicense, assign, or transfer any of the rights, duties or obligations hereunder is expressly prohibited and will terminate this Agreement. By continuing the installation procedure and use of the Software, Licensee acknowledges that Licensee has read this Agreement, understands it, and agrees to be bound by its terms and conditions. Licensee further agrees that this is the complete and exclusive statement of the agreement between us, which supersedes any proposal or prior agreement, oral or written, and any other communications between us relating to the subject matter of this agreement.

2. Term
This License Agreement is effective until terminated. Licensee may terminate this License Agreement by returning the Licensed Product to Licensor. Licensor may terminate this License Agreement if Licensee breaches any of the terms and conditions. Upon termination of this License Agreement for any reason, Licensee shall return the Licensed Product to Licensor. All provisions of this Agreement relating to disclaimers of warranties, limitation of liability, remedies, or damages, and Licensor's proprietary rights shall survive termination.

3. Object Code
The Software is delivered in object code only. Licensee shall not reverse compile or otherwise reverse engineer the Software.

4. Limited Warranty
Licensor does not warrant that the functions contained in the Licensed Product will meet Licensee's requirements or that the operation of the Software will be uninterrupted or error free. Licensor does warrant that the media on which the Software is furnished will be free from defects in materials and workmanship under normal use for a period of thirty

(30) days from the date of delivery ("Warranty Period"). Any other software and any hardware furnished with or accompanying the Software is not warranted by Licensor. Licensee's exclusive remedy under this limited warranty is the replacement of any defective physical media on which the Software is furnished, as provided below. To receive a replacement for defective media under this limited warranty, return the defective media to Supplier during the Warranty Period, with proof of payment. EXCEPT AS PROVIDED ABOVE, THE LICENSED PRODUCT IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE LICENSED PRODUCT IS WITH LICENSEE.

5. Limitation Of Liability
LICENSOR'S SOLE OBLIGATION OR LIABILITY UNDER THIS AGREEMENT IS THE REPLACEMENT OF DEFECTIVE MEDIA ACCORDING TO THE LIMITED WARRANTY ABOVE. IN NO EVENT WILL LICENSOR BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY LOSS OF DATA, OR LOSS OF PROFITS OR LOST SAVINGS, ARISING OUT OF USE OF OR INABILITY TO USE THE SOFTWARE OR DOCUMENTATION (OR ANY HARDWARE FURNISHED WITH THE SOFTWARE), EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY. IN NO EVENT SHALL LICENSOR BE LIABLE FOR ANY DAMAGES.

•  Use Restrictions

You may not use, copy, modify, or transfer the Software or any copy, modification, or merged portion, in whole or in part, except as expressly provided for in this Agreement. Licensee shall not decompile, disassemble, or reverse engineer any of the Software or attempt to do so. Licensee shall not rent, lease, sublicense, or transfer the Software.

You may not use the Software to transmit, display, perform or otherwise make available any messages, content or materials (i) that are illegal, obscene, threatening, of a "spamming" nature, defamatory, or invasive of privacy; (ii) that constitute political campaigning or commercial solicitation or that contain software viruses or other computer code designed to interfere with the functionality of any computer systems; (iii) that infringe third-party rights; or (iv) that harm minors in any way.

The burning or transfer capabilities provided for herein shall NOT operate to waive or limit any rights of the copyright owners in any materials that may be copied or works embodied in them. Your use of the Software under this License Agreement does NOT provide you with right to use, copy or distribute any material that is subject to the legal rights of third parties. Your use of such materials must be subject to another grant of rights that you have received from the copyright holder(s) and any other legal rights holders. If you violate the copyright laws, there may be fines or criminal charges brought against you, even if you don't get any commercial benefit from the illegal copies. If Licensor receives a notice alleging that you have engaged in behavior that infringes Licensor's or other's intellectual property rights or reasonably suspects the same, Licensor may suspend or terminate your account without notice to you. If Licensor suspends or terminates your account under this paragraph, it shall have no liability or responsibility to you, including for any amounts that you have previously paid.

•  Indemnification.

Licensee agrees to indemnify and hold harmless Licensor, its partners, parents, subsidiaries, agents, affiliates and/or licensors, as applicable, for all claims resulting from your unauthorized use of any copyrighted materials and/or from your violation of any copyright laws by such use.

8. General
Any attempt to sublicense, assign or transfer any of the rights, duties or obligations hereunder is void. This Agreement is governed by the laws of the Country of Costa Rica and the laws of Costa Rica applicable therein. Any dispute between you and Licensor regarding this Agreement will be subject to the law courts of the Country of Costa Rica. This Agreement, including the Terms and Conditions at [ add link ] is the entire agreement between you and Licensor and supersedes any other communications or advertising with respect to the Software. If any provision of this Agreement is held invalid, the remainder of this Agreement will continue in full force and effect. No provision hereof shall be deemed waived or modified except in a written addendum signed by an authorized representative of Licensor. In the case of the United States Government or an agency thereof as Licensee, the following additional terms apply: Restricted Computer Software, as defined in the Rights in Data General clause at Federal Acquisition Regulations 52.227 14; and as applicable,

RESTRICTED RIGHTS LEGEND
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.

LICENSEE ACKNOWLEDGES THAT IT HAS READ AND UNDERSTANDS THIS AGREEMENT AND AGREES TO BE BOUND BY ITS TERMS. LICENSEE FURTHER AGREES THAT THIS AGREEMENT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN LICENSEE AND LICENSOR, AND SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.