Software License Agreement for SlideDeck 1.x - 01-11-2010 Copyright (c) 2010 digital-telepathy (http://www.dtelepathy.com) More information on this project: http://www.slidedeck.com/ PLEASE READ THIS SOFTWARE LICENSE AGREEMENT (“LICENSE”) CAREFULLY BEFORE USING THE SLIDEDECK SOFTWARE. BY USING THE SLIDEDECK SOFTWARE, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, DO NOT USE THE SOFTWARE. 1. General. The software and documentation accompanying this License (the “Software”), whether on disk, memory or an any other media or in any other form (“SLIDEDECK”) are licensed, not sold, on a non-exclusive basis to you by digital-telepathy, Inc. (“dt” or “digital-telepathy”) for use only under the terms of this License, and dt reserves all rights not expressly granted to you. No other rights, intellectual property or otherwise, are granted by this license. 2. Permitted License Uses and Restrictions: Lite Version. For the Lite version of SlideDeck, you may use the Software as many times as desired for your personal or business purposes. The referring link to the SlideDeck website, which may be displayed as “Powered by SlideDeck” or with similar text, must remain fully visible, unmodified, and with the full functionality as intended. No modifications, decompilation, duplication, reverse-engineering of, or creation of derivative works from the Software are permitted. No distribution, redistribution or sublicensing of the Software is permitted for any reason . The Software may not be used for, or in conjunction with, any illegal services, products or practices whatsoever. 3. Permitted License Uses and Restrictions: Pro Version. For the Pro version of SlideDeck, you may use the Software as many times as desired for your personal or business purposes. No modifications, decompilation, duplication, reverse-engineering of, or creation of derivative works from the Software are permitted. No distribution, redistribution or sublicensing of the Software is permitted for any reason . The Software may not be used for, or in conjunction with, any illegal services, products or practices whatsoever. 4. Transfer. You may not rent, lease, sublicense, lend or sell any version of the SlideDeck Software to any other person or business. 5. Consent to Use of Data. You agree that digital-telepathy, Inc. and its subsidiaries may collect and use technical and related information about the server and domain the Software is installed on, as well as your visitors and their interactions with the Software. dt may use this information, to improve our products and services and as a basis for providing statistical analytics for our users. 6. Termination. This License is effective until terminated. Your rights under this License will terminate automatically without notice from dt if you fail to comply with any of the terms of this License. Upon termination of this License, you shall cease all use of the SlideDeck Software and destroy all copies, full or partial, of the SlideDeck software. 7. Disclaimer of Warranties. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE USE OF THE SLIDEDECK SOFTWARE IS AT YOUR SOLE RISK AND THAT RISK IS ACCEPTABLE TO YOU. THE SOFTWARE IS PROVIDED “AS IS,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. DIGITAL-TELEPATHY HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SLIDEDECK SOFTWARE, EITHER EXPRESS, IMPLIED OR STATUATORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY , OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY AND NON-INFRIGEMENT OF THIRD-PARTY RIGHTS. DT DOES NOT WARRANT THAT THE SLIDEDECK SOFTWARE WILL MEET YOUR REQUIREMENTS, WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THE SOFTWARE WILL BE COMPATIBLE WITH OTHER THIRD PARTY SOFTWARE, SERVERS OR PLATFORMS. THIS AGREEMENT SUPERCEDES ALL CLAIMS MADE ORALLY OR IN WRITING OUTSIDE OF THIS AGREEMENT. 8. Limitation on Liability. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL DIGITAL-TELEPATHY BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE SLIDEDECK SOFTWARE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE). Some jurisdictions do not allow for the limitation of liability for personal injury or of incidental or consequential damages, so this limitation may not apply to you. In no event shall dt’s aggregate liability to you for all damages exceed the amount paid for the software license (other than as may be required by applicable law in certain jurisdictions). 9. Export Restrictions. You may not use or otherwise export/re-export SlideDeck except as authorized by United States law. SlideDeck may not be exported or re-exported to (1) any U.S. embargoed countries or (2) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Persons List or Entity List. By using the SlideDeck software, you represent and warrant that you are not located in any country or on any such list. 10. Injunctive Relief. Because of the proprietary nature of the SlideDeck software, you understand that dt will suffer irreparable injury in the event that you fail to comply with the terms of this Agreement, and that monetary damages may be inadequate to compensate dt for such breach. Accordingly, you agree that dt will, in addition to any other remedies available to it at law or in equity be entitled to injunctive relief to enforce the terms of this Agreement. 11. Governing Law. This License will be governed and construed in accordance with the laws of the State of California. If, for any reason, a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of this License shall continue in full force and effect. 12. Complete Agreement. This License constitutes the entire agreement between the parties with respect to the possession and use of SlideDeck. It supersedes all prior agreements and understandings regarding SlideDeck. No modification or amendment of this License will be binding unless provided in writing, and signed by an authorized signatory of digital-telepathy.