Licensing and Copyright Agreement

Exclusive ownership rights to PatchMaker Software and the accompanying documentation belong to © Pixamrt LLC. All rights reserved.

1. Grant of License

Pixmart LLC (Pixmart) grants you a nonexclusive, nontransferable license to use PatchMaker (the “Software”) and its manual and other accompanying material (“Documentation”) with equipment owned by you or under your control, according to the terms and conditions of this License Agreement.

Full and Demo versions. The single distribution file provided by Pixmart allows you to install on your choice the Full or the Demo versions of the Software. The Demo version lacks some of the options of the Full version but does not require obtaining the activation code and fulfilling the activation procedure (see below). The Demo version can be used solely for the purpose of evaluating the capabilities and quality of the Software and is not intended for commercial use. This License Agreement permits you to install and use the Full version of the Software on one computer only. Otherwise, all the rights and restrictions envisaged by articles 2–6 of this License Agreement apply to all versions of this Software.

Activation code. When installing the Full version of this Software, you will be requested to enter the activation code. This code can be obtained from Pixmart at code(at)PatchMaker.net by sending in the machine code generated by the Software and a proof of purchase of the Software. This License Agreement does not allow the use of the Software without having obtained the activation code from Pixmart.

2. Restrictions

You may not:

1. reverse engineer, decompile, or disassemble the Software except to the extent permitted by law;
2. distribute, rent, loan, lease, sell, sublicense, or otherwise transfer all or part of the Software, Documentation or any rights granted hereunder to any other person;
3. install or use the Software on the Internet or over a wide area network, including, without limitation, use in connection with a Web hosting or similar service;
4. modify, translate, adapt, arrange, or create derivative works based on the Software or Documentation for any purpose; remove, alter, or obscure any proprietary notices, labels, or marks from the Software or Documentation;
5. utilize any equipment, device, software, or other means designed to circumvent or remove any form of copy protection used by Pixmart in connection with the Software.

Limitation for Russian Federation. Unless this right is explicitly granted in writing to PatchMaker users, PatchMaker is not licensed for use in the Russian Federation to edit and produce video sequences intended to be distributed over traditional or cable or satellite TV as part of TV programs to be broadcast to an audience of more than one subject of the Russian Federation.

3. Copyright

Title and copyrights to the Software and Documentation and any their copies made by you remain with Pixmart and its licensors. The structure, organization, and code of the Software are valuable trade secrets of Pixmart and its licensors. Failure to comply with the above restrictions will result in automatic termination of this license.

4. General Limited Warranty

Pixmart warrants that the Software will provide the facilities and functions generally described in the Documentation and that the Software will be functional once the correct activation code is entered in then activation procedure. Except for the above express limited warranties, Pixmart makes and you receive no warranties, express, implied, statutory, or in any communication with you.

Pixmart specifically disclaims any other warranty including the implied warranty of merchantability or fitness for a particular purpose.

Pixmart does not warrant that the operation of the software will be uninterrupted or error free.

5. Limitation of Liability

In no event will Pixmart be liable for any loss or damages of any kind, including loss of data, lost profits, cost of cover, or other special, incidental, consequential, or indirect damages arising out of the use or inability to use the Software or Documentation, however caused and on any theory of liability. You acknowledge that the license fee reflects this allocation of risk.

Pixmart shall have no responsibility or liability whatsoever arising from loss or theft of the Software. Specifically, Pixmart shall not be obligated to replace any lost or stolen software. You are solely responsible for safeguarding the Software and protecting your investment through insurance or otherwise.

6. General

This Agreement is the entire agreement between you and Pixmart and supersedes any other communications or advertising with respect to the Software and Documentation.

If any provision of these license conditions is found to be invalid or otherwise unenforceable, the further conditions of this license will remain fully effective and the parties will be bound by obligations which approximate, as closely as possible, the effect of the provision found invalid or unenforceable, without being themselves invalid or unenforceable.

©Pixmart LLC 2004. All rights reserved