SOFTWARE LICENSE AGREEMENT CakeTalking: Cakewalk Tutorial and Jaws Scripts 1. ACCEPTANCE OF THE LICENSE AGREEMENT The terms and conditions of the Dancing Dots Braille Music Technology, L.P., Software License Agreement explain the legal relationship between Dancing Dots Braille Music Technology, L.P., and the individual and institutional purchasers of Dancing Dots software. Dancing Dots software media and/or authorization information are delivered to purchasers in a sealed package, and all terms and conditions of this license agreement are considered to be immediately accepted when this sealed package is opened. By opening the sealed package, you acknowledge that you have read this agreement, that you understand it, and that you agree to be bound by all of its terms and conditions. You further agree that this agreement supersedes any prior communications, understandings, representations, proposals or agreements, (whether oral or written) that may exist between you and Dancing Dots Braille Music Technology, L.P. If you choose not to accept the terms of this license agreement, then you must promptly return the following items to Dancing Dots Braille Music Technology, L.P.: the unopened package containing the media and/or authorization information, all materials that may have been included with the Dancing Dots software, and the receipt you received when you purchased the software. The money you paid for the software, minus shipping/handling fees, will be refunded to you, if you meet the three conditions above. 2. GENERAL a. Dancing Dots Braille Music Technology, L.P. , (DDBMT) provides you with the software program recorded on the media and/or authorization information in the package accompanying this agreement (the program) and licenses you to use this program. The license granted to you is nonexclusive and does not grant ownership rights. As a licensed user (Licensee), you should understand that you do not own the program and the instructional materials that accompany the program; you are only licensed to use the program and instructional materials in accordance with the terms stated in this agreement. b. When you open the sealed package of media and/or authorization information and become a licensed user, you assume the sole responsibility for determining the appropriateness of the program for achieving your intended results. You further assume sole responsibility for the installation, use, and results obtained from the program, and you assume complete responsibility for the selection, installation, use, and placement of hardware with which you use the program. 3. COPYING THE PROGRAM The Licensee may not copy or transfer the program or authorization information, or allow the program to be copied or transferred, in part or in whole, except as specifically indicated within this agreement. In the event the Licensee copies or transfers the program and/or authorization information to another person in any form, except as is specifically authorized, then the Licensee's license to use the program shall be automatically terminated. a. The Licensee may install and use the program for Licensee's personal use. b. The Licensee may copy the program and authorization information for backup purposes to preserve the program and authorization, and these copies and the original program may be stored in the possession of another person, so long as the storage does not result in the program being used in violation of the terms set forth above in this section. Licensee acknowledges that the program and authorization information are confidential and proprietary and contain trade secrets of DDBMT and/or TVI Music. Accordingly, Licensee agrees to hold the program in strict confidence and not to reveal the program or any part thereof to any third parties without DDBMT's prior written consent. Whenever the program or instructional materials are reproduced, then the copyright notice must also be reproduced and displayed in its original form. 4. TERM a. The license being granted shall be effective until terminated. b. The Licensee may terminate the license at any time by destroying all copies of the program, authorization information and all copies of related instructions, regardless of the form. c. Additionally, this license is immediately terminated in the event the Licensee fails to comply with any term or condition of this agreement, whether or not DDBMT has knowledge of the failure to comply. The Licensee agrees, as a term of this agreement, to destroy all copies of the program and authorization information together with all related instructions, regardless of form, at such time this agreement is terminated, whether or not the Licensee is instructed to do so by DDBMT. 5. LIMITED WARRANTY a. THE PROGRAM PROVIDED TO THE LICENSEE IS BEING PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE PROGRAM IS WITH THE LICENSEE. b. DDBMT does not warrant that the functions contained in the program will meet the Licensee's requirements or that the operation of the program will be uninterrupted or error free. However, DDBMT warrants the media on which the program is furnished, to be free from defects in materials and workmanship, when in normal use, for a period of ninety (90) days from the date of delivery as evidenced by a copy of your receipt. The limited warranty will be honored by DDBMT provided that the media is properly stored in an area free of magnets and/or magnetic fields and provided that defects in the materials and workmanship of the media do not result from an act of God or other cause beyond the control of DDBMT or the media manufacturer. 6. LIMITATION ON REMEDIES DDBMT's entire liability and the Licensee's sole and exclusive remedy for DDBMT's breach of this Agreement shall be the replacement of any media not meeting DDBMT's limited warranty. In no event will DDBMT be liable to the Licensee for any damages, including any lost profits, loss of savings or any other incidental or consequential damages as may arise out of the use or inability to use the program, even if DDBMT personnel or agents have been advised of the possibility of such damages. In no event shall DDBMT's liability for breach of this Agreement exceed the fees paid to DDBMT by Licensee. 7. OTHER PROVISIONS a. The Licensee may not sublicense, assign or transfer this license to another party. Any attempt to sublicense, assign or transfer any of the rights, duties or obligations under this agreement shall be null and void and without any legal effect. b. This agreement shall be governed by the laws of the Commonwealth of Pennsylvania without regard to its rules on conflicts of laws. In the event of any litigation of this agreement, the prevailing party shall be entitled to reimbursement of related costs incurred by such party, including but not limited to such party's reasonable attorney fees. Except for equitable relief sought by DDBMT which may be sought in any court of competent jurisdiction, Licensee agrees that the state and federal courts located in Philadelphia, Pennsylvania, shall have exclusive jurisdiction over disputes relating to this Agreement. c. The program is subject to United States Commerce Department export restrictions, and is intended for use in the country into which DDBMT sold it (or in the EEC, if sold in the EEC). d. If you have any questions concerning this agreement, contact Dancing Dots Braille Music Technology, L.P., for clarification, 1754 Quarry Lane, PO Box 927, Valley Forge, PA 19482-0927, phone (610) 783-6692.