FLASH MAGIC PRODUCTION SYSTEM LICENSE EMBEDDED SYSTEMS ACADEMY, INC. You should carefully read the following terms and conditions before using this software. Unless you have a different license agreement signed by Embedded Systems Academy, Inc. ("ESA") your use, distribution, or installation of this copy of Flash Magic Production System (the "SOFTWARE") indicates your acceptance of this license. If you do not agree to any of the terms of this License, then do not install, distribute or use this copy of the SOFTWARE. This license grants you the following rights: Installation and Use. You may install and use an unlimited number of copies of the SOFTWARE within your company. The SOFTWARE may be used on production lines, testing and field use, within your company. Reproduction and Distribution. You may not reproduce and distribute copies of the SOFTWARE without written permission from ESA. You may reproduce and distribute the DLL and library files with applications built using the SOFTWARE, however header files, the manual and other documentation provided MUST NOT BE DISTRIBUTED UNDER ANY CIRCUMSTANCES. You may use the SOFTWARE for a single project involving building an application using the SOFTWARE. For additional projects and applications, additional licenses must be obtained from ESA. All title and copyrights in and to the SOFTWARE (including but not limited to any images, photographs, animations, video, audio, music, text, and "applets" incorporated into the SOFTWARE), any accompanying printed materials, and any copies of the SOFTWARE are owned by ESA. The SOFTWARE is protected by copyright laws and international treaty provisions. Therefore, you must treat the SOFTWARE like any other copyrighted material. THIS SOFTWARE, AND ALL ACCOMPANYING FILES, DATA AND MATERIALS, ARE DISTRIBUTED "AS IS" AND WITH NO WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. Good data processing procedure dictates that any program be thoroughly tested with non-critical data before relying on it. The user must assume the entire risk of using the program. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THE AGREEMENT. IN NO EVENT SHALL ESA, OR ITS PRINCIPALS, SHAREHOLDERS, OFFICERS, EMPLOYEES, AFFILIATES, CONTRACTORS, SUBSIDIARIES, OR PARENT ORGANIZATIONS, BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES WHATSOEVER RELATING TO THE USE OF THE SOFTWARE, OR YOUR RELATIONSHIP WITH ESA. IN ADDITION, IN NO EVENT DOES ESA AUTHORIZE YOU TO USE THE SOFTWARE IN APPLICATIONS OR SYSTEMS WHERE THE SOFTWARE'S FAILURE TO PERFORM CAN REASONABLY BE EXPECTED TO RESULT IN A SIGNIFICANT PHYSICAL INJURY, OR IN LOSS OF LIFE. ANY SUCH USE BY YOU IS ENTIRELY AT YOUR OWN RISK, AND YOU AGREE TO HOLD ESA HARMLESS FROM ANY CLAIMS OR LOSSES RELATING TO SUCH UNAUTHORIZED USE. This Agreement is the complete statement of the Agreement between the parties on the subject matter, and merges and supersedes all other or prior understandings, purchase orders, agreements and arrangements. This Agreement shall be governed by the laws of the State of California. Exclusive jurisdiction and venue for all matters relating to this Agreement shall be in courts and fora located in the State of California, and you consent to such jurisdiction and venue. All rights of any kind in the SOFTWARE which are not expressly granted in this License are entirely and exclusively reserved to and by ESA. You may not reverse engineer, decompile or disassemble the SOFTWARE.