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End User License Agreement

Nebula Electronics Ltd.
End User License Agreement
DigiTV Software & Drivers

Software License Agreement for DigiTV Software & Drivers

1. GRANT OF LICENSE: Subject to the terms below, Nebula Electronics Ltd. ("Nebula") hereby grants you a non-exclusive, non-transferable license to install and to use the downloadable, standard version of DigiTV ("Software").

Whether you are licensing the Software as an individual or on behalf of an entity, you may not:

(i) reverse engineer, decompile, or disassemble the Software;
(ii) modify, or create derivative works based upon, the Software in whole or in part;
(iii) distribute copies of the Software;
(iv) remove any proprietary notices or labels on the Software; or
(v) resell, lease, rent, transfer, sublicense, or otherwise transfer rights to the Software.

2. TITLE: You acknowledge that no title to the intellectual property in the Software is transferred to you. Title, ownership, rights, and intellectual property rights in and to the Software shall remain in Nebula. The Software is protected by copyright and patent laws of the United Kingdom and international treaties.

3. UPDATES: From time to time, Nebula may make available updates to the software. You may download and install or otherwise use those updates to the software that are released by Nebula within one year of software registration date. You must complete the product registration form during software installation to be notified of software updates. All updates to the Software are governed by this Agreement, unless other license terms are provided with the update.

4. DISCLAIMER OF WARRANTY: The Software is provided to you at no, or minimal charge. YOU AGREE THAT Nebula HAS MADE NO EXPRESS WARRANTIES, ORAL OR WRITTEN, TO YOU REGARDING THE PRODUCTS AND THAT THE PRODUCTS ARE BEING PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OF ANY KIND. Nebula DISCLAIMS ANY AND ALL OTHER WARRANTIES, WHETHER EXPRESSED, IMPLIED, OR STATUTORY, INCLUDING, BUT WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF NONINFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. Nebula SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, COVER, RELIANCE, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOSS OF ANTICIPATED PROFIT) ARISING FROM ANY CAUSE UNDER OR RELATED TO THIS AGREEMENT.

5. LIMITATION OF LIABILITY: You must assume the entire risk of using the program. IN NO EVENT SHALL Nebula BE LIABLE TO YOU FOR ANY DAMAGES, INCLUDING ANY LOST PROFITS, LOST SAVINGS, OR OTHER INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF THE USE OF THE Nebula SOFTWARE, EVEN IF Nebula HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL Nebula's LIABILITY FOR ANY CLAIM, WHETHER IN CONTRACT, TORT, OR ANY OTHER THEORY OF LIABILITY, EXCEED THE LICENSE FEE PAID BY YOU, PROVIDED, HOWEVER, IF THE RELEVANT PRODUCT WAS PROVIDED TO YOU AT NO CHARGE YOU AGREE Nebula SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES. THIS LIMITATION SHALL APPLY TO CLAIMS OF PERSONAL INJURY TO THE EXTENT PERMITTED BY LAW.

6. TERMINATION: This Agreement shall terminate automatically if you fail to comply with the limitations described in this Agreement, or if you are licensing the Software on behalf of an entity and do not elect to continue the license following the expiration of the introductory period or you do not renew any one (1) year license with Nebula. No notice shall be required from Nebula to effectuate such termination. Upon termination, except for failure to renew, you must uninstall and destroy all copies of the Software.

7. MISCELLANEOUS:

Severability.

In the event of invalidity of any provision of this Agreement, the parties agree that such invalidity shall not affect the validity of the remaining portions of this Agreement.

Recording.

Recordings made using DigiTV must be for your own personal and private use only. DigiTV must not be used to make recordings for sale, public exhibition or distribution by any means including but not limited to CD, DVD, Magnetic Media and the Internet.

Export.

You agree that you will not export or re-export the Software outside of the jurisdiction in which you obtained it without the appropriate United States or foreign government licenses.

Governing Law.

This Agreement will be governed by the laws of the United Kingdom. The United Nations Convention on Contracts for the International Sale of Goods is specifically disclaimed.

Entire Agreement.

You agree that this is the entire agreement between you and Nebula, which supersedes any prior agreement, whether written or oral, and all other communications between Nebula and you relating to the subject matter of this Agreement.

Reservation of rights.

All rights not expressly granted in this Agreement are reserved by Nebula.

Copyright (c) 2005 Nebula Electronics Ltd., 7 The Metro Centre, Bridge Road, Orpington, Kent BR5 2BE, United Kingdom, +44 (0) 1689 897090. All rights reserved. Nebula Electronics, DigiTV and their respective devices are trademarks of Nebula Electronics Ltd.

Nebula Electronics digital television for PCs, Streaming TV and Radio over your LAN (Local Area Network), High Definition (H264 and MPEG2) TV via your PC, Freeview TV via your PC TopupTV compatible Digital TV decoder, Analogue video/audio capture and Digital TV decoder, DigiTV - Digital TV via your PC, DigiTV PCI card and USB (2.0) versions available, Buy DigiTV directly from via our secure online shop, DigiTV - Remote Control included