LICENSE AGREEMENT

By installing, copying, or otherwise using the Software or any Software Updates, you agree to be bound by the terms of this Agreement.

This PowerRetouche End-User License Agreement ("Agreement") is a legal agreement between you (either an individual or a single entity known as "Customer") and PowerRetouce.com. 

If Customer does not agree to the terms of this Agreement, do not install, copy, or use the Software, including all Software Updates that Customer received as part of the Software (each, an "Update"). By installing, copying, or  otherwise using an Update, Customer agrees to be bound by the additional license terms that accompany such Update. If Customer does not agree to the terms of the additional license terms that accompany the Update, disregard the Update and the additional license terms that accompany the Update. In this event, Customer's rights to use the Software shall continue to be governed by the then-existing Agreement.

1. Copyright

All title and copyrights in and to the Software (including but not limited to any software components, product documentation and associated media, sample files, extension files, tools and utilities, miscellaneous technical information, collectively referred to herein as the "Software"), and any copies of the Software, are owned by PowerRetouce.com. The Software is protected by copyright laws and international treaty provisions. Therefore, you must treat the Software like any other copyrighted material, except that Customer may either (i) make one copy of the Software solely for backup or archival purposes, provided Customer reproduces and includes PowerRetouce.com's copyright and trademark notices contained on the original disk labels on such backup copy, or (ii) transfer the Software to a hard disk, provided Customer keeps the original solely for backup and archival purposes. The Software is licensed, not sold.

2. Grant of License

a. PowerRetouce.com grants Customer use of the Software only if Customer has payed for and registered the Software via one of the retailers specified by Powerretouche.com on PowerRetouce.com's homepage http://www.powerretouche.com. 	 b. Acceptance: Any PowerRetouche shall be deemed accepted by Customer upon payment of the Software by Customer and shall not be granted a refund of any license fees for the Software, except for Customer's rights defined under Section 5 Disclaimer of Warranty in this Agreement.

3. Other Restrictions

a. The Software is the sole and exclusive property of PowerRetouce.com, including all applicable rights to patents, copyrights, trademarks and trade secrets and is provided for Customer's exclusive use.

b. Customer will not remove any designation mark from any supplied material that identifies such material as belonging to or developed by PowerRetouce.com. Customer agrees not to disassemble, decompile, reverse engineer or otherwise reduce the Software to perceptible form. 

c. Customer may not rent, lease, or sublicense the Software.

d. Customer may permanently transfer all of Customer's rights under this Agreement, provided Customer retains no copies, Customer transfers all of the Software (including all component parts, the media and printed materials, any upgrades, and this Agreement), Customer provides PowerRetouce.com notice of Customer's name, company, and address and the name, company, and address of the person to whom Customer is transferring the rights granted herein, and the recipient agrees to the terms of this Agreement and pays to PowerRetouce.com a transfer fee in an amount to be determined by PowerRetouce.com and in effect at the time in question. If the Software is an upgrade, any transfer must include all prior versions of the Software. If the Software is received as part of a subscription, any transfer must include all prior deliverables of Software and all other subscription deliverables. Upon such transfer, Customer's license under this Agreement is automatically terminated.

e. Customer may use or transfer the Updates to the Software only in conjunction with Customer's then-existing Software. The Software and all Updates are licensed as a single product and the Updates may not be separated from the Software for use at any time.

4. Termination

a. Without prejudice to any other rights, PowerRetouce.com may terminate this Agreement if Customer fails to comply with the terms and conditions of this Agreement. In such event, Customer must destroy all copies of the Software in any form and all of its component parts.

5. Disclaimer of Warranty

a. NO WARRANTIES. THE SOFTWARE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, POWERRETOUCE.COM DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTY AGAINST INFRINGEMENT, WITH REGARD TO THE SOFTWARE. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION.  In the event PowerRetouce.com fails to remedy material defects in the Software, Customer's exclusive remedy shall be, at PowerRetouce.com's option, either (a) to receive a refund not to exceed the license fee paid hereunder for the current term of the Agreement, or (b) shall be to correct the Software at PowerRetouce.com's sole expense.

b. NO LIABILITY FOR DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL POWERRETOUCHE.COM OR MR. ESMANN BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE, EVEN IF POWERRETOUCHE.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

 CUSTOMER ACKNOWLEDGES THAT CUSTOMER HAS READ THIS AGREEMENT, UNDERSTAND IT AND AGREES TO BE BOUND BY ITS TERMS AND CONDITIONS. CUSTOMER FURTHER AGREES THAT IT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN CUSTOMER AND POWERRETOUCE.COM WHICH SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN CUSTOMER AND POWERRETOUCE.COM RELATING TO THE SOFTWARE. 
