Legal

All SlideShowPro product license agreements, terms of use, and privacy policy. Please contact us if you have questions concerning our licensing or other legal matters.

1. Terms of Service

Introduction

Dominey Design Inc welcomes you to SlideShowPro.net ("SlideShowPro"). Dominey Design Inc reserves the right to update and change, from time to time, these terms and all documents incorporated by reference. You can always find the most recent version of our Terms of Service at this URL.

Description of Service

SlideShowPro.net provides users with a collection of resources, including user forums and accounts, free / pay software and documentation (the "Service"). You also understand and agree that the Service may include advertisements and that these advertisements are necessary for Dominey Design Inc to provide the Service.

Your Registration Obligations

In consideration of your use of the Service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Dominey Design Inc has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Dominey Design Inc has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).

Privacy

Registration data and certain other information about you are subject to our Privacy Policy. For more information see our full privacy policy.

Member account, password and security

You will create a password and account designation when purchasing software from Dominey Design Inc. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Dominey Design Inc of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Dominey Design Inc cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 5.

Member conduct

You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, and not Dominey Design Inc, are entirely responsible for all Content that you upload, post, transmit or otherwise make available via the Service. Dominey Design Inc does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Dominey Design Inc be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.

Contributions

By submitting ideas, suggestions, documents, and/or proposals ("Contributions") to Dominey Design Inc through SlideShowPro's suggestion or feedback webpages, you acknowledge and agree that: (a) your Contributions do not contain confidential or proprietary information; (b) Dominey Design Inc is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) Dominey Design Inc shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide; (d) Dominey Design Inc may have something similar to the Contributions already under consideration or in development; (e) your Contributions automatically become the property of Dominey Design Inc without any obligation of Dominey Design Inc to you; and (f) you are not entitled to any compensation or reimbursement of any kind from Dominey Design Inc under any circumstances.

Indemnity

You agree to indemnify and hold Dominey Design Inc and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or otherwise make available through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.

No resale of service

You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.

General practices regarding use and storage

You acknowledge that Dominey Design Inc may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that message board postings or other uploaded Content will be retained by the Service, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that Dominey Design Inc has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service. You further acknowledge that Dominey Design Inc reserves the right to modify these general practices and limits from time to time.

Modifications to service

Dominey Design Inc reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Dominey Design Inc shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

Termination

You agree that Dominey Design Inc may, under certain circumstances and without prior notice, immediately terminate your SlideShowPro account, and access to the Service. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the TOS or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Service (or any part thereof), (e) unexpected technical or security issues or problems, (f) engagement by you in fraudulent or illegal activities, and/or (g) nonpayment of any fees owed by you in connection with the Services. Termination of your SlideShowPro account includes (a) removal of access to all offerings within the Service, (b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and (c) barring of further use of the Service. Further, you agree that all terminations for cause shall be made in Dominey Design Inc's sole discretion and that Dominey Design Inc shall not be liable to you or any third party for any termination of your account or access to the Service.

Links

The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Dominey Design Inc has no control over such sites and resources, you acknowledge and agree that Dominey Design Inc is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Dominey Design Inc shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.

Trademark Information

SlideShowPro and the SlideShowPro logo are trademarks of Dominey Design Inc.

Violations

Please report any violations by contacting us.

2. Privacy Policy

We respect your right to privacy. SlideShowPro.net and SlideShowPro.com collect only the information necessary for us to complete your order or to contact to you regarding the status of your order. The information we collect includes your name, email address, shipping address, and billing address. SlideShowPro.net does not store your credit card information.

SlideShowPro.net and SlideShowPro.com will not rent or sell your name or personal information without your permission.

SlideShowPro.net and SlideShowPro.com do utilize "cookies" to help recognize you as a repeat visitor and to track traffic patterns on our site. This information is completely anonymous. We use this information to improve the user-friendliness and functionality of SlideShowPro.net and SlideShowPro.com.

Dominey Design Inc reserves the right to update this privacy policy at anytime. Updates to our privacy policy will be sent to the email address that you have provided us.

3. Copyright Notice

Copyright © Dominey Design Inc.
ALL RIGHTS RESERVED

SlideShowPro ™ and logos and designations of SlideShowPro are service marks and trademarks of Dominey Design Inc. Other product and company names mentioned on the SlideShowPro web site may be the service marks or trademarks of Dominey Design Inc or their respective owners.

4. SlideShowPro for Flash: Single User License Agreement

By purchasing and downloading SlideShowPro for Flash®, You, the purchaser, agree to the following:

Dominey Design Inc. grants you the non-exclusive, non-transferable license to use SlideShowPro for Flash subject to the restrictions contained herein.

The license permits the following: You may deploy SWFs containing SlideShowPro for Flash on an unlimited number of websites, offline presentations and other multimedia presentations. You may deploy SWFs containing SlideShowPro as part of hired work for a third party as long as the SWF is unique to said party and not replicated / resold / redistributed as part of a template, application or service to additional parties (more on this below).

The license DOES NOT permit the following: SWFs containing SlideShowPro for Flash may not be embedded in a template, desktop software application, content management system, and/or online web service in a manner where the SWF is replicated and used as a slideshow viewer for photos and/or videos contributed by more than one party. SWFs may not be sub-licensed, resold, or distributed online in a downloadable format.

The license permits the following uses of SlideShowPro for Flash as an Adobe/Macromedia Extension file (MXP): You may install the MXP containing SlideShowPro for Flash on up to two (2) computers that you administer, or on a single computer with multiple user accounts. If you have multiple users on multiple computers, additional licenses are necessary.

The license DOES NOT permit the following uses of SlideShowPro for Flash as an Adobe/Macromedia Extension file (MXP): The MXP file may not be used to install SlideShowPro for Flash on any computer that you do not administer, nor may it be installed on any more than two (2) computers that you administer. The MXP file may not be sub-licensed, resold, or distributed online in a downloadable format.

You may not rent, transfer, or grant any rights to SlideShowPro for Flash contained herein, or any compilation, derivative or collective work containing SlideShowPro for Flash to any other person or organization without prior written consent of Dominey Design Inc. Using SlideShowPro for Flash in a way not covered by this Agreement or that is specifically prohibited, without prior written consent from Dominey Design Inc., is a violation of Federal copyright law. This license is in full force until it is terminated. If you do not comply with the terms and conditions above, the license automatically terminates.

SlideShowPro® and SlideShowPro for Flash are copyright Dominey Design Inc. and are protected by the United States Copyright laws, international treaty provisions and other applicable laws. No title or intellectual property rights in SlideShowPro for Flash are transferred to you. Dominey Design Inc. retains all rights not expressly granted by this license.

SlideShowPro for Flash and associated files are provided "as is." You agree to hold Dominey Design Inc. harmless for any damages that may occur due to use, or inability to use, software from Dominey Design Inc.

5. SlideShowPro for Flash: Corporate License Agreement

By purchasing and downloading SlideShowPro for Flash®, You, the purchaser, agree to the following:

Dominey Design Inc. grants you the non-exclusive, non-transferable license to use SlideShowPro for Flash subject to the restrictions contained herein.

The license permits the following: You may deploy SWFs containing SlideShowPro for Flash on an unlimited number of websites, offline presentations and other multimedia presentations. You may deploy SWFs containing SlideShowPro as part of hired work for a third party as long as the SWF is unique to said party and not replicated / resold / redistributed as part of a template, application or service to additional parties (more on this below).

The license DOES NOT permit the following: SWFs containing SlideShowPro for Flash may not be embedded in a template, desktop software application, content management system, and/or online web service in a manner where the SWF is replicated and used as a slideshow viewer for photos and/or videos contributed by more than one party. SWFs may not be sub-licensed, resold, or distributed online in a downloadable format.

The license permits the following uses of SlideShowPro for Flash as an Adobe/Macromedia Extension file (MXP): You may install the MXP containing SlideShowPro for Flash on an unlimited number of company-owned computers operated by company employees. The license is effectively owned by the purchasing organization, not a single user, allowing you to install / uninstall the software for employees at your discretion.

The license DOES NOT permit the following uses of SlideShowPro for Flash as an Adobe/Macromedia Extension file (MXP): The MXP file may not be used to install SlideShowPro for Flash on any computer not owned by your company, or used by non-employees. The MXP file may not be sub-licensed, resold, or distributed online in a downloadable format.

You may not rent, transfer, or grant any rights to SlideShowPro for Flash contained herein, or any compilation, derivative or collective work containing SlideShowPro for Flash to any other person or organization without prior written consent of Dominey Design Inc. Using SlideShowPro for Flash in a way not covered by this Agreement or that is specifically prohibited, without prior written consent from Dominey Design Inc., is a violation of Federal copyright law. This license is in full force until it is terminated. If you do not comply with the terms and conditions above, the license automatically terminates.

SlideShowPro® and SlideShowPro for Flash are copyright Dominey Design Inc. and are protected by the United States Copyright laws, international treaty provisions and other applicable laws. No title or intellectual property rights in SlideShowPro for Flash are transferred to you. Dominey Design Inc. retains all rights not expressly granted by this license.

SlideShowPro for Flash and associated files are provided "as is." You agree to hold Dominey Design Inc. harmless for any damages that may occur due to use, or inability to use, software from Dominey Design Inc.

6. SlideShowPro for Lightroom: Single User License Agreement

By purchasing and downloading SlideShowPro for Lightroom, You, the purchaser, agree to the following:

Dominey Design Inc. grants you the non-exclusive, non-transferable license to use SlideShowPro for Lightroom subject to the restrictions contained herein.

The license permits the following uses of SWF files published with SlideShowPro for Lightroom: You may use SWFs containing SlideShowPro on an unlimited number of websites, offline presentations and other multimedia presentations.

The license DOES NOT permit the following uses of SWF files published with SlideShowPro for Lightroom: SWFs may not be embedded and redistributed as part of a template, content management system, or proprietary software application. SWFs may not be sub-licensed, resold, or distributed online in a downloadable format.

The license permits the following uses of SlideShowPro for Lightroom as an Adobe Lightroom web engine: You may install the web engine on up to two (2) computers you administer, or on a single computer with multiple user accounts. If you have multiple users on multiple computers, additional licenses are necessary.

The license DOES NOT permit the following uses of SlideShowPro for Lightroom as an Adobe Lightroom web engine: The web engine may not be used to install SlideShowPro for Lightroom on any computer that you do not administer, nor may it be installed on any more than two (2) computers that you administer. The MXP file may not be sub-licensed, resold, or distributed online in a downloadable format.

You may not rent, transfer, or grant any rights to SlideShowPro for Lightroom contained herein, or any compilation, derivative or collective work containing SlideShowPro for Lightroom to any other person or organization without prior written consent of Dominey Design Inc. Using SlideShowPro for Lightroom in a way not covered by this Agreement or that is specifically prohibited, without prior written consent from Dominey Design Inc., is a violation of Federal copyright law. This license is in full force until it is terminated. If you do not comply with the terms and conditions above, the license automatically terminates.

SlideShowPro for Lightroom is copyright Dominey Design Inc. and is protected by the United States Copyright laws, international treaty provisions and other applicable laws. No title or intellectual property rights in SlideShowPro are transferred to you. Dominey Design Inc. retains all rights not expressly granted by this license.

SlideShowPro for Lightroom and files are provided "as is." You agree to hold Dominey Design Inc. harmless for any damages that may occur due to use, or inability to use, software from Dominey Design Inc.

7. SlideShowPro for Lightroom: Corporate License Agreement

By purchasing and downloading SlideShowPro for Lightroom®, You, the purchaser, agree to the following:

Dominey Design Inc. grants you the non-exclusive, non-transferable license to use SlideShowPro for Lightroom subject to the restrictions contained herein.

The license permits the following: You may deploy SWFs containing SlideShowPro on an unlimited number of websites, offline presentations and other multimedia presentations. You may deploy SWFs containing SlideShowPro as part of hired work for a third party as long as the SWF is unique to said party and not replicated / resold / redistributed as part of a template, application or service to additional parties (more on this below).

The license DOES NOT permit the following: SWFs containing SlideShowPro may not be embedded in a template, desktop software application, content management system, and/or online web service in a manner where the SWF is replicated and used as a slideshow viewer for photos and/or videos contributed by more than one party. SWFs may not be sub-licensed, resold, or distributed online in a downloadable format.

The license permits the following uses of SlideShowPro for Lightroom as an Adobe/Macromedia Extension file (MXP): You may install the MXP containing SlideShowPro for Lightroom on an unlimited number of company-owned computers operated by company employees. The license is effectively owned by the purchasing organization, not a single user, allowing you to install / uninstall the software for employees at your discretion.

The license DOES NOT permit the following uses of SlideShowPro for Lightroom as an Adobe Lightroom web engine: The MXP file may not be used to install SlideShowPro for Lightroom on any computer not owned by your company, or used by non-employees. The web engine file may not be sub-licensed, resold, or distributed online in a downloadable format.

You may not rent, transfer, or grant any rights to SlideShowPro for Lightroom contained herein, or any compilation, derivative or collective work containing SlideShowPro for Lightroom to any other person or organization without prior written consent of Dominey Design Inc. Using SlideShowPro for Lightroom in a way not covered by this Agreement or that is specifically prohibited, without prior written consent from Dominey Design Inc., is a violation of Federal copyright law. This license is in full force until it is terminated. If you do not comply with the terms and conditions above, the license automatically terminates.

SlideShowPro® and SlideShowPro for Lightroom are copyright Dominey Design Inc. and are protected by the United States Copyright laws, international treaty provisions and other applicable laws. No title or intellectual property rights in SlideShowPro for Lightroom are transferred to you. Dominey Design Inc. retains all rights not expressly granted by this license.

SlideShowPro for Lightroom and associated files are provided "as is." You agree to hold Dominey Design Inc. harmless for any damages that may occur due to use, or inability to use, software from Dominey Design Inc.

8. SlideShowPro Director: License Agreement

By purchasing and downloading SlideShowPro Director, You, the purchaser, agree to the following:

Dominey Design Inc, d.b.a. SlideShowPro, grant you the non-exclusive, non-transferable license to use SlideShowPro Director subject to the restrictions contained herein.

All SlideShowPro Director source code is copyright SlideShowPro except for sections of code explicitly marked with their own license.

The license permits the use of SlideShowPro Director in personal and/or commercial client projects. Use in commercial projects must be under an existing agreement whose scope extends beyond solely SlideShowPro Director. You may not provide installation of SlideShowPro Director as a service.

The license permits the following uses of SlideShowPro Director: You may use Director on any web site/domain at which you have administrative access. You may use SlideShowPro Director on any third party web site/domain not owned by you as long as you are acting as the administrator for the owner.

The license DOES NOT permit the following uses of SlideShowPro Director: SlideShowPro Director may not be sub-licensed, resold, or otherwise made available for use or distribution separately or detached from a product, software application, or web page. SlideShowPro Director may not be redistributed or sold. SlideShowPro Director may not be included as a component or feature of any third-party software product or subscription-based area of a web site. SlideShowPro Director may not be placed on any electronic bulletin board, or on-line in a downloadable format.

You may make changes to the source code of SlideShowPro Director, but may not redistribute those changes, in part or the whole, in any way. No support shall be provided after the source code has been altered. No changes to the source code may be made that hide the copyright information to the end user.

You may not rent, transfer, or grant any rights to SlideShowPro Director contained herein, or any compilation, derivative or collective work containing SlideShowPro Director to any other person or organization without prior written consent of SlideShowPro. Using SlideShowPro Director in a way not covered by this Agreement or that is specifically prohibited, without prior written consent from SlideShowPro, is a violation of Federal copyright law. This license is in full force until it is terminated. If you do not comply with the terms and conditions above, the license automatically terminates.

SlideShowPro Director is copyright SlideShowPro and is protected by the United States Copyright laws, international treaty provisions and other applicable laws. No title or intellectual property rights in SlideShowPro Director are transferred to you. SlideShowPro retains all rights not expressly granted by this license.

SlideShowPro Director and files are provided "as is." You agree to hold SlideShowPro harmless for any damages that may occur due to use, or inability to use, software from SlideShowPro.

9. SlideShowPro Director Hosting: Terms of Service

Introduction

Welcome to SlideShowPro Director Hosting (the "Service"). By using the Service, you agree to SlideShowPro Director Hosting Terms of Service that supplement the SlideShowPro Terms of Service (TOS). Dominey Design Inc reserves the right to update and change, from time to time, these term and all documents incorporated by reference. You can always find the most recent version of our Terms of Service at this URL.

Description of Service

The Service provides subscribers with unlimited uploads (10MB per photo, 100MB per video), unlimited photo / video storage, and unlimited bandwidth for use with SlideShowPro for Flash, the slideshow and photo gallery component for Flash.

Payment Terms: General Terms

If you are purchasing a Service account, the credit card or PayPal account you provide as part of the checkout process will be automatically and immediately billed. All currency references are in U.S. dollars.

Payment Terms: Payment for Subscription

Payment occurs on a pre-pay basis and payment will not be automatically renewed at the end of the term. The amount you are to pay will depend upon which duration of subscription you choose. For example, if you choose one year of the Service, you will be charged for the the one year price upfront. If you choose the two years of the Service, you will be charged for the entire two year price upfront.

If you signup for the 14 day free trial of the Service, you will not be charged for those days covered by the free period. You will be contacted in order to renew your Service account prior to the end of any expiration of the account (either the expiration of a free trial or a paid Service term), at which point you may elect to purchase a new Service term. If you do not elect to purchase a new Service term, any/all content uploaded to your account will be deleted, and your domain will be relinquished.

Payment Terms: Cancellation of subscriptions

Payment for subscriptions are non-refundable. If you request a cancellation of your subscription before the end of the term for which you paid, your cancellation will take effect immediately and you will not be given any refund. Any/all uploaded content associated with your subscription will be deleted, and your domain will be relinquished.

Payment Terms: Termination

If your credit card is invalid for any reason, or a subscription payment is contested through a card provider and billed to us, your subscription will be terminated immediately without notice, and we reserve the right to cancel your account and delete permanently all content associated with it. Dominey Design Inc accepts no liability for information or content that is deleted due to an invalid credit card.

Reservation of Rights

Dominey Design Inc expressly reserves the right to immediately modify, delete content from, suspend or terminate your account and refuse current or future use of any Service, if Dominey Design Inc, in its sole discretion believes you have (i) violated or tried to violate the rights of others; or (ii) acted inconsistently with the spirit or letter of the Terms of Service. In such event, your Service account may be suspended or cancelled immediately in our discretion, all the information and content contained within it deleted permanently and you will not be entitled to any refund of any of the amounts you've paid for such account. Dominey Design Inc accepts no liability for information or content that is deleted.

Idemnity

You agree to indemnify and hold harmless Dominey Design Inc, and its subsidiaries, affiliates, officers, agents, or other partners, and employees, from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of and access to the Service, your violation of the Terms of Service, your violation of any rights of another person or entity, or your violation of any applicable laws or regulations.

Privacy

Registration data and certain other information about you are subject to our Privacy Policy. For more information see our full privacy policy.

Content

You agree to not use the Service to upload content that is pornographic, sexually explicit, of a violent nature, and/or illegal (including stolen copyrighted material).

You acknowledge that Dominey Design Inc may or may not pre-screen Content, but that Dominey Design Inc and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any Content that is available via the Service. Without limiting the foregoing, Dominey Design Inc and its designees shall have the right to remove any Content that violates the Terms of Service or is otherwise objectionable.

No resale of service

You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.

Member account, password and security

You will receive a password and account designation upon completing the Service's registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Dominey Design Inc of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Dominey Design Inc cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 9.

10. SlideShowPro ThumbGrid: Single User License Agreement

By purchasing and downloading SlideShowPro ThumbGrid®, You, the purchaser, agree to the following:

Dominey Design Inc. grants you the non-exclusive, non-transferable license to use SlideShowPro ThumbGrid subject to the restrictions contained herein.

The license permits the following: You may use SWFs containing SlideShowPro ThumbGrid on an unlimited number of websites, offline presentations and other multimedia presentations.

The license DOES NOT permit the following uses of SWF files published with SlideShowPro ThumbGrid: SWFs may not be embedded and redistributed as part of a template, content management system, or proprietary software application. SWFs may not be sub-licensed, resold, or distributed online in a downloadable format.

The license permits the following uses of SlideShowPro ThumbGrid as an Adobe/Macromedia Extension file (MXP): You may install the MXP containing SlideShowPro ThumbGrid on up to two (2) computers that you administer, or on a single computer with multiple user accounts. If you have multiple users on multiple computers, additional licenses are necessary.

The license DOES NOT permit the following uses of SlideShowPro ThumbGrid as an Adobe/Macromedia Extension file (MXP): The MXP file may not be used to install SlideShowPro ThumbGrid on any computer that you do not administer, nor may it be installed on any more than two (2) computers that you administer. The MXP file may not be sub-licensed, resold, or distributed online in a downloadable format.

You may not rent, transfer, or grant any rights to SlideShowPro ThumbGrid contained herein, or any compilation, derivative or collective work containing SlideShowPro ThumbGrid to any other person or organization without prior written consent of Dominey Design Inc. Using SlideShowPro ThumbGrid in a way not covered by this Agreement or that is specifically prohibited, without prior written consent from Dominey Design Inc., is a violation of Federal copyright law. This license is in full force until it is terminated. If you do not comply with the terms and conditions above, the license automatically terminates.

SlideShowPro® and SlideShowPro ThumbGrid are copyright Dominey Design Inc. and are protected by the United States Copyright laws, international treaty provisions and other applicable laws. No title or intellectual property rights in SlideShowPro ThumbGrid are transferred to you. Dominey Design Inc. retains all rights not expressly granted by this license.

SlideShowPro ThumbGrid and associated files are provided "as is." You agree to hold Dominey Design Inc. harmless for any damages that may occur due to use, or inability to use, software from Dominey Design Inc.

11. SlideShowPro ThumbGrid: Corporate License Agreement

By purchasing and downloading SlideShowPro ThumbGrid®, You, the purchaser, agree to the following:

Dominey Design Inc. grants you the non-exclusive, non-transferable license to use SlideShowPro ThumbGrid subject to the restrictions contained herein.

The license permits the following: You may deploy SWFs containing SlideShowPro ThumbGrid on an unlimited number of websites, offline presentations and other multimedia presentations. You may deploy SWFs containing SlideShowPro as part of hired work for a third party as long as the SWF is unique to said party and not replicated / resold / redistributed as part of a template, application or service to additional parties (more on this below).

The license DOES NOT permit the following: SWFs containing SlideShowPro ThumbGrid may not be embedded in a template, desktop software application, content management system, and/or online web service in a manner where the SWF is replicated and used as a slideshow viewer for photos and/or videos contributed by more than one party. SWFs may not be sub-licensed, resold, or distributed online in a downloadable format.

The license permits the following uses of SlideShowPro ThumbGrid as an Adobe/Macromedia Extension file (MXP): You may install the MXP containing SlideShowPro ThumbGrid on an unlimited number of company-owned computers operated by company employees. The license is effectively owned by the purchasing organization, not a single user, allowing you to install / uninstall the software for employees at your discretion.

The license DOES NOT permit the following uses of SlideShowPro ThumbGrid as an Adobe/Macromedia Extension file (MXP): The MXP file may not be used to install SlideShowPro ThumbGrid on any computer not owned by your company, or used by non-employees. The MXP file may not be sub-licensed, resold, or distributed online in a downloadable format.

You may not rent, transfer, or grant any rights to SlideShowPro ThumbGrid contained herein, or any compilation, derivative or collective work containing SlideShowPro ThumbGrid to any other person or organization without prior written consent of Dominey Design Inc. Using SlideShowPro ThumbGrid in a way not covered by this Agreement or that is specifically prohibited, without prior written consent from Dominey Design Inc., is a violation of Federal copyright law. This license is in full force until it is terminated. If you do not comply with the terms and conditions above, the license automatically terminates.

SlideShowPro® and SlideShowPro ThumbGrid are copyright Dominey Design Inc. and are protected by the United States Copyright laws, international treaty provisions and other applicable laws. No title or intellectual property rights in SlideShowPro ThumbGrid are transferred to you. Dominey Design Inc. retains all rights not expressly granted by this license.

SlideShowPro ThumbGrid and associated files are provided "as is." You agree to hold Dominey Design Inc. harmless for any damages that may occur due to use, or inability to use, software from Dominey Design Inc.

12. SlideShowPro: OEM License Agreement

By purchasing an OEM license for the SlideShowPro player and/or ThumbGrid, You, the purchaser, agree to the following:

Dominey Design Inc. grants you a non­exclusive, revocable, non­transferable (other than as set forth hereunder) license to replicate and bundle the Licensed Software with Licensee's Product, as defined herein and under the terms and conditions set forth herein.

1. CERTAIN DEFINITIONS

For purposes of this Agreement (including any and all Schedules and amendments made to or incorporated herein now or in the future), the following capitalized terms shall have the following meaning:

1.1 "Deliverables"

means one copy of the Licensed Software and all current technical information.

1.2 "Documentation"

means the related user manuals, reference manuals and installation guides, or portions thereof, customarily provided by Licensor to end users in relation to the Licensed Software.

1.3 "Enabled Product(s)"

means a copy of Licensee's Products, which includes a copy of the Licensed Software, as a bundle with it.

1.4 "Licensee's Product(s)"

means Licensee's hardware and/or software.

1.5 "Licensed Software"

means Licensor's proprietary software ("SlideShowPro player" / "ThumbGrid") in SWF form including versions specified below. License does not cover, nor does it allow, the redistribution of the SlideShowPro player as a Macromedia/Adobe Extension File (MXP), Flash Document (FLA), Adobe Lightroom web engine, or as part of a downloadable SWF.

1.6 "Current version of the Licensed Software"

means version of the Licensed Software available to the Licensee at the Effective Date of the Agreement, and also all subsequent 1.x updates to this version. Updates to Current version are normally designated as minor version numbers.

1.7 "Marketing Transferees"

means any person or entity who shall act as Licensee's agent (as a promoter, sale's person, representative, dealer or otherwise) and who shall assist Licensee with the marketing and services relating to the Enabled Products.

1.8 "Sell", "Sale" and "Sold"

means to license the Enabled Products to End Users for use by End User as a consumer or for its own internal business purposes, either directly or through the use of Marketing Transferees.

1.9 "End User"

means the ultimate consumer of the Enabled Product(s).

2. LICENSE

2.1 Grant of License

Subject to the terms and conditions set forth in this Agreement, Licensor hereby grants Licensee, and Licensee hereby accepts, a non­exclusive license to:
(i) distribute either directly or via Licensee's Marketing Transferees, to End Users, copies of the Licensed Software as a part of Enabled Products;
(ii) to reproduce Licensed Software on hard drive or CD, in order to integrate the Licensed Software with Licensee's Products. Licensee has no right to reproduce and distribute the Licensed Software otherwise as described in this clause 2.

2.2 Reserved Rights

Apart from the rights explicitly granted in this Agreement, Licensee shall have no other right, title, interest ownership or license rights, express or implied, in the Licensed Software.

2.3 Source Code Restrictions

Licensee agrees not to decompile, reverse engineer, disassemble, or otherwise determine or attempt to determine source code for the executable code of the Licensed Software, and agrees not to permit or authorize anyone else to do so.

2.4 No Modification

Save as otherwise expressly provided herein (including but not limited to Section 2.1 and 2.4 above), the Licensee shall not, and shall not permit any third party to copy, make error corrections to or otherwise modify or adapt the Licensed Software nor create derivative works upon the Licensed Software.

2.5 Territory

The rights and licenses granted under this clause 2 are effective worldwide.

3 INDEMNIFICATION

3.1 By Licensor

Licensor agrees to indemnify and hold Licensee harmless from and against or, at its option, settle any third party claims against Licensee for any loss, damage, liability, or expense (including reasonable attorneys’ fees) sustained by it as a result of a claim or allegation that the use and/or distribution of the Licensed Software, as licensed in this Agreement, infringe any intellectual property rights of any third party.

3.2 By Licensee

Licensee hereby indemnifies and holds harmless Licensor from and against any and all claims, actions, or demands arising from or relating to any Enabled Products or portions thereof, with the sole exception as otherwise provided in clause 9.1 of this Agreement.

4. LIMITATION OF LIABILITY

Nothing in this Agreement shall exclude or limit either party’s liability for
(i) death or personal injury caused by its negligence;
(ii) the tort of deceit; or
(iii) any other liability which cannot be excluded or limited by law.
SUBJECT TO THE FOREGOING, THE PARTIES’ AGREE THAT THE TOTAL LIABILITY TO EACH OTHER FOR DAMAGES OF ANY KIND, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), PRODUCT LIABILITY, OR OTHERWISE UNDER OR IN CONNECTION WITH THIS AGREEMENT WILL BE LIMITED ONLY TO THE AMOUNT OF PAYMENTS RECEIVED BY LICENSOR FROM LICENSEE UNDER THIS AGREEMENT. IN NO EVENT WILL EITHER PARTY BE LIABLE TO THE OTHER PARTY FOR ANY LOST PROFITS OR SAVINGS, LOST BUSINESS, LOSS OF DATA, LOSS OF REVENUE, LOSS OF USE OR MONEY, LOSS OF BUSINESS, LOSS OF OPPORTUNITY OR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES (WHETHER OR NOT ALSO CONSTITUTING ONE OF THE FOREGOING SPECIFIC TYPES OF LOSS), WHETHER BASED ON BREACH OF CONTRACT TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), PRODUCT LIABILITY, OR OTHERWISE AND WHETHER OR NOT SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

5. INTELLECTUAL PROPERTY RIGHTS

5.1 Ownership

Licensor declares itself to be the sole owner by good and valuable title of all patents, trademarks, industrial drawings and copyrights with respect to the Licensed Software, and that its rights are not disputed, in whole or in part, by any person or entity at the time of signing this Agreement. Licensor further declares that its execution of this Agreement does not, and the performance of its obligations under this Agreement will not violate any other agreement between it and any third party. The Parties acknowledge that all patents, trademarks, industrial drawings and copyrights, and any applications therefore, with respect to the Licensed Software are the exclusive property of the Licensor and that all patents, trademarks, industrial drawings and copyrights with respect to the Licensee’s Products are the exclusive property of Licensee. Licensee covenants and promises in good faith to never knowingly infringe, directly or indirectly, any patent, trademark, industrial drawing or copyright of the Licensor, and Licensor covenants and promises in good faith to never knowingly infringe, directly or indirectly, any patent, trademark, industrial drawing or copyright of Licensee.

5.2 Intellectual Property Notice

As an additional means to protect Licensor's intellectual property, Licensee agrees that a valid Licensor copyright notice for the Licensed Software will appear on the media, and, where possible, program interface, containing the Licensed Software and any user packaging materials associated therein and on any documentation and promotion material in the form in which it appears on the Deliverables.

5.3 Independent Development

All intellectual property rights derived from the performance of the interface and/or the interoperability work pursuant to this Agreement, shall be exclusively owned by the party performing such work, irrespective of any contribution, assistance and/or support the developing party may have received with respect to the foregoing from the other party.

6. TERM AND TERMINATION

6.1 Term

The term of this Agreement shall commence at the Effective Date stated herein and shall continue for as long as Licensee wishes to use the Current version of the Licensed Software.

6.2 Termination

This Agreement may be terminated
(i) by the Licensor in the event that the other party has committed a material breach of any of its obligations hereunder that has not been cured within 60 days after the Licensor has received a written notice thereof;
(ii) by mutual written agreement of the parties;

6.3 Termination Upon Bankruptcy

Effective immediately and without any requirement of notice, either party may, at its option, terminate this Agreement and/or suspend its performance in the event that
(i) the other party files a petition in bankruptcy, files a petition seeking any reorganization, arrangement, composition, or similar relief under any law regarding insolvency or relief for debtors, or makes an assignment for the benefit of creditors;
(ii) a receiver, trustee, or similar officer is appointed for the business or property of such party;
(iii) any involuntary petition or proceeding under bankruptcy or insolvency laws is instituted against such party and not stayed, enjoined, or discharged within 60 days; or
(iv) the other party adopts a resolution for discontinuance of its business or for dissolution.

6.4 Limitation on Liability

In the event of termination by either party in accordance with any of the provisions of this Agreement, neither party shall be liable to the other, as a result of such termination, for compensation, reimbursement or damages on account of the loss of prospective profits or anticipated sales or on account of expenditures, inventory, investments, leases or commitments in connection with the business or goodwill of either Party.

6.5 Consequences

Upon termination of this Agreement, the license granted to Licensee in this Agreement shall terminate and Licensee shall immediately discontinue all further use of the Licensed Software promotion, marketing or sale, leasing, licensing or any other distribution of the Licensed Software and/or the Enabled Products.

7. MISCELLANEOUS

7.1 No Conflict

Each party represents and warrants, on a present and ongoing basis, to the other party that its commitments and the rights and privileges granted herein do not conflict with any other agreement or legal obligation.

7.3 Headings

The headings and sub­headings contained in this Agreement are for convenience and reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement.

7.4 Assignment

Other than as provided in parts of this Agreement, the rights of either Party under this Agreement are restricted solely to such Party and shall not be assigned, transferred, subleased, sub-licensed, encumbered, or subject to any security interest without the prior written consent of the other Party, which will not be unreasonably withheld. Any attempted assignment, without the prior written consent of the non­assigning party will be void and of no effect.