Software License Agreement

END-USER LICENSE AGREEMENT FOR TECHSMITH SOFTWARE - SNAGIT for
Windows or Mac

IMPORTANT-READ CAREFULLY: This TechSmith Software License Agreement
("TSLA") is a legally binding license agreement between You and TechSmith for the TechSmith SOFTWARE PRODUCT or SOFTWARE identified above and as further defined in this TSLA.

BY PAYING THE LICENSE FEE FOR THE SOFTWARE PRODUCT OR SOFTWARE WITHOUT PROMPTLY REQUESTING A REFUND OF SUCH FEE OR INSTALLING, COPYING, OR OTHERWISE USING THE SOFTWARE PRODUCT OR SOFTWARE IN ANY MANNER, SUCH ACTS INDICATE YOUR ACCEPTANCE OF THIS TSLA AND YOUR AGREEMENT TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS TSLA. IF YOU DO NOT DESIRE TO ACCEPT THIS TSLA OR AGREE TO THE TERMS AND CONDITIONS OF THIS TSLA, PROMPTLY RETURN THE UNUSED SOFTWARE PRODUCT OR SOFTWARE TO THE PLACE FROM WHICH YOU OBTAINED IT FOR A FULL REFUND OF THE LICENSE FEE.

THE SOFTWARE PRODUCT AND SOFTWARE ARE PROTECTED BY U.S. COPYRlGHT LAWS AND INTERNATIONAL COPYRIGHT TREATIES, AS WELL AS OTHER INTELLECTUAL PROPERTY LAWS AND TREATIES. TECHSMITH IS AND SHALL REMAIN THE OWNER OF ALL INTELLECTUAL PROPERTY RIGHTS IN THE SOFTWARE PRODUCT AND/OR SOFTWARE AND SHALL REMAIN THE OWNER OF ALL COPIES OF THE SOFTWARE PRODUCT AND/OR SOFTWARE. THE SOFTWARE PRODUCT AND/OR SOFTWARE IS LICENSED TO YOU ON A NON-EXCLUSIVE, NON-ASSIGNABLE, NON-TRANSFERABLE, LIMITED, PERSONAL BASIS, NOT SOLD.

TECHSMITH STRIVES TO PROTECT THE SECURITY AND PRIVACY OF THE USERS OF ITS PRODUCTS. THE TECHSMITH PRIVACY POLICY LOCATED AT:

http://www.techsmith.com/company/privacy_policy.asp

IS INCORPORATED IN THIS TSLA BY REFERENCE.

WHEN YOU USE THE SOFTWARE PRODUCT AND/OR SOFTWARE, TECHSMITH MAY COLLECT CERTAIN INFORMATION ABOUT YOUR COMPUTER TO FACILITATE, EVALUATE AND VERIFY YOUR USE OF THE SOFTWARE PRODUCT AND/OR SOFTWARE WHICH MAY BE SENT TO A TECHSMITH WEB SERVER FOR ITS OWN INTERNAL USE AND SHALL NOT BE SHARED WITH ANY THIRD PARTIES. THIS INFORMATION IS GENERALLY COLLECTED IN THE AGGREGATE FORM, WITHOUT IDENTIFYING ANY USER INDIVIDUALLY, ALTHOUGH THE IP ADDRESS, COMPUTER AND SESSION ID IN RELATION TO PURCHASES AND DOWNLOADS/INSTALLATIONS OF THE SOFTWARE PRODUCT AND/OR SOFTWARE MAY BE TRACKED AS PART OF TECHSMITH'S CUSTOMER ORDER REVIEW, STATISTICAL ANALYSIS, FRAUD AND PIRACY PREVENTION EFFORTS. FOR EXAMPLE, TECHSMITH MAY COLLECT INFORMATION SUCH AS THE NUMBER OF DOWNLOADS/INSTALLATIONS OF THE SOFTWARE PRODUCT AND/OR SOFTWARE FOR NON-IDENTIFYING STATISTICAL ANALYSIS AND FOR IMPROVING THE SOFTWARE PRODUCT AND/OR SOFTWARE, PROVIDING YOU WITH A MORE RELEVANT EXPERIENCE. TECHSMITH MAY ALSO COLLECT CERTAIN INFORMATION, SUCH AS NAMES AND E-MAIL ADDRESSES IN CONNECTION WITH YOUR USE OF CERTAIN FEATURES OF THE SOFTWARE PRODUCT AND/OR SOFTWARE OR SERVICE WHICH ALSO MAY BE SENT TO A TECHMSITH WEB SERVER TO PROVIDE YOU WITH YOUR REQUESTED SERVICES. AS INDICATED ABOVE, IF YOU DO NOT DESIRE TO ACCEPT THIS TSLA OR AGREE TO THE TERMS AND CONDITIONS OF THIS TSLA, PROMPTLY RETURN THE UNUSED SOFTWARE PRODUCT AND/OR SOFTWARE TO THE PLACE FROM WHICH YOU OBTAINED IT FOR A FULL REFUND OF THE LICENSE FEE.

THE SOFTWARE PRODUCT OR SOFTWARE MAY INCLUDE PRODUCT ACTIVATION AND OTHER TECHNOLOGY DESIGNED TO PREVENT UNAUTHORIZED USE AND COPYING, AND TECHNOLOGY TO HELP YOU MANAGE LICENSES. SUCH TECHNOLOGY MAY PREVENT YOUR USE OF THE SOFTWARE PRODUCT OR SOFTWARE IF YOU DO NOT FOLLOW THE ACTIVATION, INSTALLATION, AND/OR LICENSE MANAGEMENT PROCESS DESCRIBED IN THE SOFTWARE PRODUCT OR SOFTWARE AND DOCUMENTATION. Visit http://www.techsmith.com/support for information about product activation AND LICENSE MANAGEMENT.

YOU ACKNOWLEDGE AND AGREE:  (A) THAT YOU ARE NOT AN OWNER OF THE SOFTWARE PRODUCT AND/OR SOFTWARE OR ANY COPIES OF THE SOFTWARE PRODUCT AND/OR SOFTWARE; (B)  THAT YOU ARE A MERE LICENSEE OF THE SOFTWARE PRODUCT AND/OR SOFTWARE AND ANY COPIES OF THE SOFTWARE PRODUCT AND/OR SOFTWARE WITHOUT ANY RIGHT TO FURTHER TRANSFER OR DISTRIBUTE THE SOFTWARE PRODUCT AND/OR SOFTWARE OR ANY COPIES OF THE SOFTWARE PRODUCT AND/OR SOFTWARE OR PROVIDE ACCESS TO THE SOFTWARE PRODUCT AND/OR SOFTWARE IN ANY MANNER WITHOUT TECHSMITH’S PRIOR WRITTEN CONSENT; (C) NOT TO CHALLENGE THE ENFORCEABILITY OR VALIDITY OF THIS TSLA; (D) NOT TO INITIATE ANY PROCEEDINGS INCONSISTENT WITH THE TERMS AND CONDITIONS OF THIS TSLA.

DEFINITIONS

1. "Computer" means a virtual or physical computer device that accepts information in digital or similar form and manipulates it for specific result based on a sequence of instructions.

2. "Content" means any video, audio, data, music, stiII images, and any other output of the SOFTWARE PRODUCT or SOFTWARE and any video, audio, data, music, still images or other input into the SOFTWARE PRODUCT or SOFTWARE.

3. "Internal Network" means a private, proprietary network resource accessible only by employees and individual contractors (i.e., temporary employees) of a specific corporation or similar business entity. Internal Network does not include portions of the Internet or any other network community open to the public, such as membership or subscription driven groups, associations and similar organizations.

4. “Library Content” ” shall mean any and all media assets imbedded  in the Snagit® library or displayed or may be accessed through TechSmith’s or its authorized licensors’ web sites , specifically, without limitation, TechSmith media and stamp assets comprised of digital still images, music, audio  files,  animations,  clipart,  composites,  fonts,  graphics, illustrations, motion sequences, photographs, sound effects, video, video trailers, data, or any other visual representation that is now known or may become known in the future, together with all accompanying metadata and other material.

5. "Permitted Number" means one (I) as to users and one (I) as to Computers unless otherwise indicated in this TSLA or under any other valid license (e.g., Multi User, Site, or Enterprise License) granted by TechSmith.

6. “Resellers and Distributors” means a TechSmith authorized partner, e-merchant or a portal, within which TechSmith manages its SOFTWARE PRODUCT or SOFTWARE channel.

7. “Services” means video processing services.

8. "SOFTWARE PRODUCT or SOFTWARE" means use of a copy of computer software identified above and associated media and a copy of the printed materials, and may include "online" or electronic documentation as well as licensed third party Content.

9. "TechSmith" means TechSmith Corporation, a Michigan corporation of 2405 Woodlake Drive, Okemos, MI 48864, U.S.A.

10.  "Trial Version" means a version of the SOFTWARE PRODUCT or SOFTWARE which may have limited features and is limited in terms of the length of time the SOFTWARE may be used and will cease operating after a predetermined amount of time ("the Trial Period") due to an internal mechanism within the Trial Version. The SOFTWARE PRODUCT or SOFTWARE will notify You that the SOFTWARE PRODUCT or SOFTWARE PRODUCT or SOFTWARE is in trial mode, which may include, but would not be limited to, watermarking.

11.  "You" means the person, company, or organization that has licensed the SOFTWARE PRODUCT or SOFTWARE.

12. “Your Content” means the Content resulting from the Your use of the SOFTWARE PRODUCT or SOFTWARE.

1. 	GRANT OF LICENSE AND RESTRICTIONS.

The following section applies to all versions of the SOFTWARE PRODUCT or SOFTWARE unless the Help > About in Snagit (Windows version) or Snagit > About Snagit (Mac version) dialog in the SOFTWARE PRODUCT specifies a Multi-user, Site or Enterprise version, for example.

1.1 If You obtained the SOFTWARE PRODUCT or SOFTWARE and any required SOFTWARE key(s) from TechSmith or one of its Resellers and Distributors and as long as You comply with the terms and conditions of this TSLA as a condition to the license granted herein, TechSmith hereby grants You a non-exclusive, non-transferable, limited personal license to install and use a copy of the SOFTWARE PRODUCT or SOFTWARE in a manner consistent with its design, documentation, and Your order. You may only use the SOFTWARE PRODUCT or SOFTWARE according to the License ordered by You and granted by TechSmith. TechSmith offers several license types to meet the needs of its customers. Particular licenses are offered for the SOFTWARE PRODUCT or SOFTWARE depending on the intended use of the SOFTWARE PRODUCT or SOFTWARE. Your order shall designate the specific application of the SOFTWARE PRODUCT or SOFTWARE which may include, a Multi-User License, Site License, Enterprise License, or Volume Discount License, for example.


1.2 General and Cross Platform Use. Except as otherwise provided in the TSLA and so long as You comply with the terms and conditions of this TSLA as a condition to the license granted herein, You are licensed to install and use one copy of the SOFTWARE PRODUCT or SOFTWARE on up to the Permitted Number of Your compatible Computer(s) as long as, when required by the SOFTWARE PRODUCT or SOFTWARE, You present a valid and authorized SOFTWARE key for each copy. You are licensed to install and use both the Snagit for Windows and Snagit for Mac versions of the SOFTWARE PRODUCT or SOFTWARE, provided, that You are only licensed to use one version of the SOFTWARE PRODUCT or SOFTWARE on one platform in one language at a time (not simultaneously) for Your exclusive use unless otherwise indicated under a valid license (e.g., Multi User, Site, or Enterprise License) granted by TechSmith.

1.3 Distribution from Server. So long as You comply with the terms and conditions of this TSLA as a condition to the license granted herein, You are licensed to make  a  copy of an image of the SOFTWARE PRODUCT or SOFTWARE onto file server(s) within Your Internal Network for the purpose of downloading and installing the SOFTWARE PRODUCT or SOFTWARE onto Computers within the same Internal Network for use as permitted by Section 1.1 and 1.2 above.

1.4 Server Use. So long as You comply the terms and conditions of this TSLA as a condition to the license granted herein, You are licensed to install a copy of the SOFTWARE PRODUCT or SOFTWARE on Computer file server(s) within Your Internal Network only for use of the SOFTWARE initiated by an individual from a Computer within the same Internal Network as permitted by Section 1.1 and 1.2. The total number of users (not the concurrent number of users) able to use the SOFTWARE PRODUCT or SOFTWARE on such Computer file servers(s) may not exceed the Permitted Number of users. 

By way of example, the foregoing does not permit You to install or access (either directly or through commands, data or instructions) the SOFTWARE PRODUCT or SOFTWARE: (i) from or to a Computer not part of Your Internal Network, (ii) for enabling web hosted workgroups or services available to the public, (iii) by an individual or entity to use, download, copy or otherwise benefit from the functionality of the SOFTWARE PRODUCT or SOFTWARE unless licensed to do so by TechSmith, (iv) as a component of a system, workflow or service accessible by more than the Permitted Number of users, or (v) for operations not initiated by an individual user (e.g., automated server processing).

1.5 Portable or Home Computer Use. So long as You comply the terms and conditions of this TSLA as a condition to the license granted herein and subject to the important conditions and restrictions set forth in Section 1.6, the primary user of the Computer on which the SOFTWARE PRODUCT or SOFTWARE is installed under Section 1.2 ("Primary User") may install a second copy of the SOFTWARE PRODUCT or SOFTWARE for use on a Windows or Mac platform for his or her exclusive use on either a portable Computer or a Computer located at his or her home, provided that the SOFTWARE PRODUCT or SOFTWARE on the portable or home Computer is not used at the same time (not simultaneously) as the SOFTWARE PRODUCT or SOFTWARE on the primary Computer. You may be required to contact TechSmith in order to make a second copy.

1.6 Restrictions on Secondary Use by Multi User Licensees. If the SOFTWARE PRODUCT or SOFTWARE was obtained under a TechSmith Multi User License Program by any licensee, the second copy of the SOFTWARE PRODUCT or SOFTWARE made by You under Section 1.5 must be used solely for the benefit and business of that Multi User Licensee.

1.7 Backup Copy. So long as You comply with the terms and conditions of this TSLA as a condition to the license granted herein, You are licensed to make a reasonable number of backup copies of the SOFTWARE PRODUCT or SOFTWARE, provided Your backup copies are not installed or used for other than archival purposes.

1.8 Integrity of 3rd Party Content and SOFTWARE PRODUCT OR SOFTWARE. Your licensed use of the SOFTWARE PRODUCT or SOFTWARE may be impaired by digital rights management systems in order to protect the integrity of certain third party Content and the SOFTWARE PRODUCT or SOFTWARE. You may not use any computer or hardware designed to defeat any copy-protection device, should the Content, SOFTWARE PRODUCT or SOFTWARE You have licensed be equipped with such protection. You may not remove or alter any trademark, trade names, product names, logos, copyright notices, legends, symbols, labels, or watermarking in the in any 3rd party Content, the SOFTWARE PRODUCT OR SOFTWARE, except to the extent as expressly indicated in the 3rd party Content, SOFTWARE PRODUCT or SOFTWARE.

2. 	DESCRIPTION OF OTHER CONDITIONS, RIGHTS AND LIMITATIONS.

TechSmith’s grant to You of a non-exclusive, nontransferable, limited personal license to install and use the SOFTWARE PRODUCT or SOFTWARE in a manner consistent with its design, documentation, and Your Order is further conditioned upon Your compliance with all of the following conditions: 

2.1 Limitations on Reverse Engineering, Decompilation, and Disassembly. You may not reverse engineer, decompile, translate, localize or disassemble the SOFTWARE PRODUCT or SOFTWARE.

2.2 Separation of Components. The SOFTWARE PRODUCT is licensed as a single product. Its component parts may not be separated for use on more than one computer. You may not unbundle or repackage the SOFTWARE PRODUCT or SOFTWARE for distribution.

2.3 Rental. You may not rent, license, assign, transfer, time share, host, lend, sublicense, distribute, or lease the SOFTWARE PRODUCT or SOFTWARE or any access code associated with the same except as otherwise expressly provided in this TSLA; and in particular You may not rent, license, assign, transfer, time share, host, lend, sublicense, distribute, or lease the SOFTWARE for commercial revenue generating purposes if the SOFTWARE PRODUCT or SOFTWARE has been licensed or labeled for education, non-profit, or governmental use only.

2.4 Software Transfers of Rights. 

(i) You may not transfer this license under any circumstances without TechSmith’s prior written consent/approval, any such consented to or approved transferee must acknowledge, accept and agree in writing to be bound by the terms and conditions of this TSLA. 

Any transfer made in violation of the requirements, conditions, or restrictions of this section will be void and may result in termination of this TSLA.

(ii) You may not transfer licenses on a short term basis or transfer temporary rights to use the SOFTWARE PRODUCT or SOFTWARE without TechSmith’s prior written consent/approval.

(iii) The SOFTWARE PRODUCT or SOFTWARE and any copies of the SOFTWARE PRODUCT or any SOFTWARE key or key codes related to the SOFTWARE PRODUCT and TechSmith trademarks may not be copied, reproduced, distributed, used, posted, modified, adapted, prepare derivatives of or displayed in any form or manner on any online auction sites or any other site or material of any kind without the express prior written permission of TechSmith.

2.5 Term and Termination. The term of this TSLA granted to You for the use of the SOFTWARE PRODUCT or SOFTWARE is for 1 year, renewable automatically, but without prejudice to any other rights, TechSmith may terminate this TSLA if You fail to comply with any of the terms and conditions of this TSLA, which includes, but would not be limited to, Your unauthorized reproduction, copying, distribution, modification, adaptation or the making of a derivative of or display of the SOFTWARE PRODUCT or  SOFTWARE or any of the key codes associated with the same. In such event, upon such termination You must destroy all copies of the SOFTWARE PRODUCT or SOFTWARE and any key codes associated with the same and all of its component parts and YOU must provide TechSmith in writing Your certification as to the same.

2.6 Development License Conditions and Restrictions. The following conditions and restrictions apply to You, as a licensee, if You develop application software that utilizes the SOFTWARE PRODUCT or SOFTWARE in a commercially distributed application.

(i) You must purchase a license of SOFTWARE PRODUCT or SOFTWARE for each copy of the application software licensed or rented;

(ii) The SOFTWARE PRODUCT or SOFTWARE must not be the sole or primary component of such application software;

(iii) You must give proper acknowledgment of the copyright of TECHSMITH;

(iv) You must not use the SOFTWARE PRODUCT or SOFTWARE to create a software application that competes with or is intended to compete with, directly or indirectly, the SOFTWARE PRODUCT or SOFTWARE; and

(v) The application software must add significant value to the SOFTWARE PRODUCT or SOFTWARE.

You must obtain the prior written permission from TechSmith as to all other uses of the SOFTWARE PRODUCT or SOFTWARE that fall outside the scope of this TSLA.

2.7 Software for Windows or Mac. The SOFTWARE PRODUCT or SOFTWARE which is the subject matter of this TSLA is for use and/or runs on a Windows and/or the Mac operating systems only, and the SOFTWARE PRODUCT or SOFTWARE and SOFTWARE key associated with the SOFTWARE PRODUCT or SOFTWARE will not be operable on any other systems.

2.8. Trial version. This section 2.8 and its subparagraphs apply in addition to the license granted in Section I above and solely if You have received a valid Trial Version of the SOFTWARE PRODUCT or SOFTWARE from TechSmith.

(i) Subject to the terms and conditions of this TSLA, TechSmith grants to You a non-exclusive license to install a copy of the Trial Version on a single computer strictly for Your internal evaluation and review purposes and not for production purposes.

(ii) You shall not (a) in the aggregate install or use more than one copy of the Trial Version, (b) download the Trial Version under more than one username, if applicable, (c) alter the contents of a hard drive or computer system to enable the use of the Trial Version for an aggregate period in excess of the Trial Period for which You may evaluate the Trial Version, (d) disclose the results, if any, of the SOFTWARE PRODUCT or SOFTWARE performance benchmarks obtained using the Trial Version to any third party without TechSmith's prior written consent, (e) use the Trial Version for a purpose other than the sole purpose of determining whether to purchase a license to the SOFTWARE PRODUCT or SOFTWARE. Notwithstanding the foregoing, You are strictly prohibited from installing or using a copy of the Trial Version for any commercial training purposes.

(iii) Your licensed rights to install and use a copy of the Trial Version under this section 2.8 will immediately terminate upon the earlier of (a) the expiration of the Trial Period, or (b) such time that You purchase a license to the SOFTWARE PRODUCT or SOFTWARE. TechSmith reserves the right to terminate Your license to the Trial Version at any time in its sole discretion. To the extent that any provision in this section 2.8 is in conflict with any other term or condition in this TSLA, this section 2.8 shall supersede such other terms and conditions with respect to the Trial Version only, but only to the extent necessary to resolve the conflict. YOU ACKNOWLEDGE THAT THE TRIAL VERSION MAY HAVE LIMITED FEATURES, FUNCTION FOR A LIMITED PERIOD OF TIME, HAVE OTHER LIMITATIONS NOT PRESENT IN A NON-TRIAL VERSION OF THE SOFTWARE. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS TSLA, THE TRIAL VERSION IS PROVIDED TO YOU ON A "AS IS" BASIS, AND TECHSMITH DISCLAIMS ANY WARRANTY OR LIABILITY OBLIGATIONS TO YOU OF ANY KIND.

3. Intellectual Property Rights. All rights, title, and interests, including, but not limited to, all copyrights, trade secret rights, patent and trademark rights in and to the SOFTWARE PRODUCT or SOFTWARE (including but not limited to any images, photographs, animations, video, audio, music, text, and "applets," incorporated into the SOFTWARE PRODUCT or SOFTWARE), the accompanying printed materials, and any copies of the SOFTWARE PRODUCT or SOFTWARE, are owned by and shall remain the sole property of TechSmith or its suppliers or licensors.

4. Injunctive Relief. The parties agree that if You utilize or otherwise uses any of the SOFTWARE PRODUCT or SOFTWARE in any unauthorized manner, or breach the remaining terms and conditions of this TSLA, that such use or breach would have a devastating and serious impact on TechSmith's continuing ability to compete profitably and would, therefore, result in immediate and irreparable injury, loss or damage to TechSmith. The parties agree that in such event, in addition to TechSmith's right to recover damages for a breach of this TSLA, TechSmith would be entitled to obtain a temporary restraining order or a preliminary injunction from a court of competent jurisdiction to prevent You, Your employees, agents, consultants, or independent contractors from engaging in any further use, copying, reproduction, distribution, modification, adaptation, or making of a derivative works or display of the SOFTWARE PRODUCT or SOFTWARE or the continued breach of the remaining terms and conditions of this TSLA.

5. Multiple Environments/Multiple Languages/Dual Media/Multiple Copies/Updates. If You were licensed: (a) the SOFTWARE PRODUCT or SOFTWARE  in a manner that supports multiple environments, platforms, operating systems or languages (b) the SOFTWARE PRODUCT or SOFTWARE  in more than one medium, or (c) multiple copies of the SOFTWARE PRODUCT or SOFTWARE, the number of Computer(s) on which all versions of the SOFTWARE PRODUCT or  SOFTWARE  may be installed shall not exceed the Permitted Number of Computer(s) unless otherwise expressly stated in this TSLA or a valid License granted by TechSmith. You may not loan, rent, lease, license or otherwise transfer or distribute the other medium or version of the SOFTWARE PRODUCT or  SOFTWARE  to another user.

6. U.S. Government Restricted Rights. The SOFTWARE PRODUCT or SOFTWARE and documentation are provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the government is subject to restrictions as set forth in subparagraph (c) (I) (ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or Rights at 48 CFR 52.227-19, as applicable. Manufacturer is: TechSmith Corporation PO Box 26095 Lansing, MI 48909-6095. You acknowledge and agree as condition to the license granted under this TSLA that the SOFTWARE PRODUCT or SOFTWARE may not be downloaded or otherwise exported or re-exported: (i) into (or the national resident of) any country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Denial Orders. By using the SOFTWARE PRODUCT or SOFTWARE, You are agreeing to the foregoing and are representing and warranting that You are not located in or under the control of, a national resident of any such country or on any such list.

7. Miscellaneous. This TSLA is governed by the laws of the State of Michigan, U.S.A to the extent that U.S. federal laws are not applicable, without regard to their conflicts of law principles. You agree to the exclusive jurisdiction of the Courts of the State of Michigan, U.S.A. and the United States district court located in Ingham County, Michigan U.S.A. This TSLA  has been prepared in the English language and such version shall be controlling in all respects and any non-English version of this TSLA  is solely for accommodation purposes. The parties to this TSLA waive personal service of any and all process upon them and consent that all such service of process be made by registered mail and shall be deemed to be completed five (5) business days after the same shall have been deposited in the United States mail, postage prepaid. You waive any objection based on forum non conveniens and any objection to venue of any action instituted under this TSLA by TechSmith in any jurisdiction. This TSLA shall not be governed by the United Nations' Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.

Should You have any questions, complaints or claims with respect to the SOFTWARE PRODUCT or SOFTWARE, or if You desire to contact TechSmith for any reason, please contact the TechSmith partner serving Your country, or write:

TechSmith Corporation
2405 Woodlake Drive Okemos, MI 48864-5910 USA
Phone		: + 1 517-381-2300
Fax		: +1 517-381-2336
Sales		: http://www.techsmith.com/sales
Support		: http://support.techsmith.com
WWW		: http://www.techsmith.com

8. Limited Warranty. TechSmith warrants that (a) the SOFTWARE PRODUCT or SOFTWARE will perform substantially in accordance with the accompanying written materials for a period of ninety (90) days from the date of receipt, and (b) any hardware accompanying the SOFTWARE PRODUCT or SOFTWARE will be free from defects in materials and workmanship under normal use and service for a period of one (I) year from date of receipt. Some states and jurisdictions do not allow limitations on duration of an implied warranty, so the above limitation may not apply to You. To the extent allowed by applicable law, implied warranties on the SOFTWARE PRODUCT or SOFTWARE  and hardware, if any, are limited to ninety (90) days and one year, respectively.

9. Customer Remedies. TechSmith's and its suppliers' or licensor's entire liability and Your exclusive remedy shall be, at TechSmith's option, either (a) return the license fee paid, or (b) repair or replacement of the SOFTWARE PRODUCT or SOFTWARE or hardware that does not meet TechSmith's Limited Warranty and which is returned to TechSmith with a copy of Your receipt. This Limited Warranty is void if failure of the SOFTWARE PRODUCT or SOFTWARE or hardware has resulted from accident, abuse, or misapplication. Any replacement SOFTWARE PRODUCT or SOFTWARE or hardware will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer. Outside the United States, neither these remedies nor any product support services offered by TechSmith are available without proof of purchase from an authorized international source.

10. NO OTHER WARRANTIES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TECHSMITH OR ITS SUPPLIERS, AND LICENSORS DISCLAIM ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, QUIT ENJOYMENT, NON-INFRINGEMENT OF THIRD PARTY RIGHTS WITH REGARD TO THE SOFTWARE PRODUCT OR SOFTWARE, SERVICES, CONTENT, OR LIBRARY CONTENT AND ANY ACCOMPANYING HARDWARE. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHER RIGHTS, WHICH VARY FROM STATE/JURISDICTION TO STATE JURISDICTION.

11. NO LIABILITY FOR CONSEQUENTIAL DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL TECHSMITH OR ITS SUPPLIERS, OR LICENSORS, BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL 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 OF OR INABILITY TO USE THE SOFTWARE PRODUCT OR SOFTWARE, SERVICES, CONTENT, OR LIBRARY CONTENT EVEN IF TECHSMITH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

12. Content, Library Content and Indemnity. 

12.1 You acknowledge and understand Your Content is Your sole responsibility including making and keeping back-up copies of Your Content and Your use and distribution of the Your Content is at Your sole discretion and risk. You shall be solely responsible for any claims or causes of action that may arise in connection with such use and distribution of Your Content. Notwithstanding  anything  to  the contrary  herein,  TechSmith  has  no  responsibility or liability for the deletion or accuracy of  Your Content or any other Content or Library Content, the failure to store, transmit or receive transmission of Your Content or any other Content or Library Content (whether or not processed by the Service), or the security, privacy, storage, or transmission of other communications originating with or involving use of the SOFTWARE PRODUCT or SOFTWARE or Service. Certain features of the SOFTWARE PRODUCT or SOFTWARE or Service enable you to specify the level at which  the SOFTWARE PRODUCT or SOFTWARE or Service  restrict access to your Content.  You are solely responsible for applying the appropriate level of access to Your Content. You further agree to defend, indemnify and hold TechSmith, its affiliates, subsidiaries, officers, directors, employees, consultants, agents, suppliers, licensors and resellers from any and all third party claims, whether foreign or domestic, and any and all liability, damages and/ or costs including, but not limited to, reasonable attorney fees, arising from Your use of the SOFTWARE PRODUCT or SOFTWARE and Your Content and the distribution of the same, Your violation of this TSLA, or the infringement or violation by You or any other user of the SOFTWARE PRODUCT or SOFTWARE , of any agreement of any kind or any intellectual property or other right, including but not limited to, patent, trademark, copyright or trade secret rights of any person or entity or any claims that may or are alleged to result in the invasion of privacy, slander, libel or for infringement on a person’s rights of publicity due to the publication or distribution of Your Content.

12.2 Ownership of Content and Library Content, License, and Restrictions.

(i)   	Title and intellectual property rights in and to any Content or Library Content, displayed by, reproduced, recorded or accessed through the SOFTWARE PRODUCT or SOFTWARE, belongs to the respective Content or Library Content owners. Such Content or Library Content may be protected by copyright or other intellectual property laws and treaties, and may be subject to terms of use of the third party providing or displaying such Content or Library Content. This TSLA does not grant You any rights to use such Content or Library Content other than as expressly indicated in the SOFTWARE PRODUCT, SOFTWARE, this TSLA or any Addendums to the same. The SOFTWARE PRODUCT or SOFTWARE may be used to reproduce or record Your Content so long as such use is limited to the reproduction of non-copyrightable Content, Content which You own the intellectual property rights in and to the same, or Content which You are authorized or legally permitted to reproduce, record or display.

(ii) 	By way of clarity, TechSmith and its suppliers and licensors, hereby grant to You a non-exclusive, fully-paid and royalty-free, license to use, record, reproduce, distribute, publicly display, modify, create derivative works of, alter, copy, frame, link, archive, transmit, public perform, fix and otherwise use the Library Content in synchronism or time relation with images and use any mechanical or any other subsidiary rights related to the Library Content throughout the world as necessary to create Your Content in connection with Your use of the SOFTWARE PRODUCT or SOFTWARE or Service only, subject to any additional terms, conditions or restrictions as referenced in this section, section 22 and the Addendums set forth below, if any.

(iii)    Notwithstanding the non-exclusive license to the Library Content granted in 12.2 (ii) above, 

   (a)	You shall not resell, market, distribute, sublicense, lease or rent the Library Content on a stand-alone
        basis (i.e., other than as part of the Your Content created in connection with Your use of the SOFTWARE 
        PRODUCT or SOFTWARE or Service in any manner, including, without limitation, online auctions or on any 
        other online or mobile or wireless or other storage media devices;

   (b)	You shall not use the  Library Content  other  than  in  connection  with  the SNAGIT11.0 software program 
        or any upgrade or later version of the same. Your use of the Library Content in connection with any earlier 
        version of the Snagit software program is strictly prohibited;

   (c)	You shall not use  the  Library Content  or  any  part  thereof,  as  part  of  a trademark, service mark, 
        trade name or logo;

   (d)	You shall not use the Library Content to compete with TechSmith;

   (e)	You shall not use the Library Content as part of a product, program or service or any electronic format 
        intended for multiple distribution or licensing, including, without limitation, templates for web 
        sites, software programs or services, video games and game consoles, etc.

   (f)	You shall not use the Library Content in any way that may be considered defamatory, pornographic, libelous, 
        immoral, obscene, fraudulent or illegal, infringing upon any intellectual property rights of others or rights
        of publicity, an invasion of privacy or that would be reasonably likely to bring any person or property
        reflected in the Library Content into disrepute;

   (g)	You  shall  not  remove  any  notice  of  copyright,  trademark  or  other proprietary rights and/or notice
        imbedded in the Library Content;

   (h)	You shall not install or download the Library Content on a stand alone basis (i.e. other than as a part of
        Your Content created in connection with Your use of the SOFTWARE PRODUCT or SOFTWARE or Service), in more
        than one location at a time or post a copy of the Library Content on a network server or web server for use
        by others;

   (i)	You shall not display the Library Content on a stand alone basis (i.e. other than as a part of Your Content
        created in connection with Your use of the SOFTWARE PRODUCT or SOFTWARE or Service) in an electronic format that 
        enables a Library Content to be downloaded or distributed via mobile devices or shared on a peer-to- peer or similar 
        file sharing arrangements;

   (j)	You shall not use the Library Content in any manner which would give a false impression that TechSmith 
        somehow endorsed, sponsored, approved or co-authored Your Content.

   (k)	Any and all rights not specifically granted herein or in any additional terms, conditions or restrictions as 
        referenced in this section, section 22 and the Addendums set forth below, are reserved by TechSmith and/or
        its suppliers or licensors.

12.3 Your Representations and Warranties Regarding Your Content  You represent and warrant that: (a) You are the owner, licensor, or authorized user of all Your Content; and (b) You will not upload, record, publish, post, link to, or otherwise transmit or distribute Content that: (i) advocates, promotes, incites, instructs, assists or otherwise encourages violence or any illegal activities; (ii) infringes or violates the copyright, patent, trademark, service mark, trade name. trade secret, or other intellectual property rights of any third party or TechSmith,  or any rights of publicity or privacy of any party, whether foreign or domestic; (iii) attempts to mislead others about your identity or the origin of a message or other communication, or impersonates or otherwise misrepresents Your affiliation with any other  person or entity, or is otherwise materially false, misleading, or  inaccurate; (iv) promotes,  solicits  or  comprises  inappropriate,  harassing,  abusive,  profane,  defamatory,  libelous, threatening, hateful,  obscene,  indecent,  vulgar,  pornographic  or  otherwise  objectionable  or  unlawful content or activity; (v) is harmful to minors; (vi) contains any viruses, Trojan horses, worms, time bombs, or  any  other  similar  software,  data,  or  programs  that  may  damage,  detrimentally  interfere  with, surreptitiously  intercept,  or  expropriate  any  system,  data,  Information,  or  property  of  another;  or (vii) violates  any  law,  statute,  ordinance,  or  regulation  (including  without  limitation  the  laws  and regulations governing export control, unfair competition, anti-discrimination, or false advertising).

12.4 Use of Your Content with the Service. By submitting Content, specifically, without limitation, a quiz for processing, which You acknowledge will be transmitted to TechSmith’s servers for such processing, You hereby grant to TechSmith an unrestricted, irrevocable, perpetual, non-exclusive, fully-paid and royalty-free, license to reproduce, distribute, display, create derivative works of, and otherwise use Your Content, specifically  throughout the world, as necessary to provide You with  the Service. In addition, You grant us the right to use Your Content in a reasonable manner to improve the quality of the Service.

12.5  TechSmith’s Access to Your Content. You acknowledge that the Services are automated (e.g., Your Content is uploaded using software tools and TechSmith servers) and that TechSmith personnel will not access, view, or listen to any of Your Content, except as reasonably necessary to perform the Services, including but not limited to, the following: (a) respond to support requests; (b) detect, prevent, or otherwise address fraud, security, or technical issues; (c) as deemed necessary or advisable by TechSmith  in good faith to conform to legal requirements or comply with legal process; or (d) enforce this TSLA, including investigation of potential violations hereof.


13. Survival. The conditions, restrictions and obligations as contained in this TSLA which You have voluntarily agreed to shall survive any expiration, termination or cancellation of this TSLA, and shall continue and remain in effect to bind You, and Your employees, agents, successors, heirs and permitted assigns.

14. Integration. This TSLA and the applicable License order sets forth the entire agreement and understanding between the parties as to the subject matter of this TSLA and supersedes all prior discussions, representations, and amendments of understandings of every kind and nature between them.

15. Amendments. Except as otherwise provided in this TSLA, this TSLA may be amended from time to time by TechSmith only and only upon TechSmith’s release of a new version of the SOFTWARE PRODUCT or SOFTWARE.  You must accept any newly amended terms and conditions of this TSLA before installing, copying or otherwise using the newly released SOFTWARE PRODUCT or SOFTWARE  Except as otherwise provided in this section 15 of this TSLA this TSLA  may not be  amended, altered, or any of its provisions waived on behalf of either party, except in writing executed by both parties' duly authorized agent. Notwithstanding the provisions of this section 15 (Amendments), TechSmith may amend its Privacy Policy at any time by posting a new version of its Privacy Policy at its web site along with an outline of the changes to the Privacy Policy.

16. Assignability. Except as otherwise expressly provided under this TSLA, this TSLA and the rights and duties under this TSLA may not be assigned by You without the prior written consent of TechSmith.

17. Benefit. This TSLA shall be binding upon and inure to the benefit of TechSmith and its successors and assigns.

18. Captions. Captions contained in this TSLA  are inserted for reference and in no way define, limit, extend or describe the scope of the TSLA or intent of any provision in the TSLA.

19. Severability. If any provision of this TSLA becomes or is declared by a court of competent jurisdiction to be illegal, unenforceable or void, this TSLA shall continue in full force and effect without said provision; provided, however, that no such severability shall be effective if it materially changes the economic benefit of the TSLA to the other party.

20. Authority to Accept. You warrant and represent to TechSmith that this TSLA shall be binding upon You, and that the individual agreeing to be bound under the terms and conditions of this TSLA is authorized or has been empowered to do so and is more than 18 years of age and is fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this TSLA, and to abide by and comply with the terms and conditions contained herein.

21. Third Party Beneficiary. You acknowledge and agree that TechSmith's suppliers and licensors (and/or TechSmith if You obtained the SOFTWARE PRODUCT or SOFTWARE from any party other than TechSmith) are third party beneficiaries of this Agreement, with the right to enforce the obligations set forth herein with regard to the respective technology or Content of such suppliers, licensors and/or TechSmith.

22. Third party Acknowledgement and Terms. The SOFTWARE PRODUCT or SOFTWARE licensed under the terms and conditions of this TSLA may use or include third party components,  Content, other copyrighted material, and/or open source software which may be subject to certain “open source” or ”free software” licenses (“Open Source Software”). Acknowledgments, licensing terms and additional disclaimers for such components, Content, or materials are contained in the "online" electronic documentation for the SOFTWARE PRODUCT or SOFTWARE, including without limitation, a 3rdPartyLicensing.txt file or may otherwise accompany the same, or are contained in Addendums to this TSLA, and Your use of such components, Content, other copyrighted material, and/or Open Source Software is governed by their respective terms and conditions and nothing in this TSLA limits your rights under or grants You rights that supersede the terms and conditions of any such applicable third party terms and conditions for such third party components, Content, other copyrighted material, and/or Open Source Software.

23. Changes to a Site or Enterprise Due to Acquisitions, Divestures, Mergers, and Organic Growth. If the number of qualified desktops or seats changes by more than 10% as a result of: (i) an acquisition of an entity or an operating division, (ii) a divesture of an affiliate or an operating division; (iii) a merger, or (iv) organic growth, TechSmith will work with the You in good faith to determine how to accommodate the changed circumstances in the context of a Site License, for example. If You acquire or merge with an organization with an existing "Site License" TechSmith will work with the surviving organization in good faith to accommodate its changed circumstances in the context of this TSLA.

AS STATED ABOVE, PAYING THE LICENSE FEE FOR THE SOFTWARE PRODUCT OR SOFTWARE WITHOUT PROMPTLY REQUESTING A REFUND OF SUCH FEE OR INSTALLlNG, COPYING, OR OTHERWISE USING IN ANY MANNER THE SOFTWARE PRODUCT OR SOFTWARE, INDICATES YOUR ACCEPTANCE OF THIS TSLA AND YOUR AGREEMENT TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS TSLA AS A LICENSEE.

TechSmith and SNAGIT are registered trademarks of TechSmith Corporation in the United States and/or other countries. All other trademarks are the property of their respective owners.

Addendum for Apple Mac Store Licenses

Notwithstanding anything to the contrary set forth in the above TSLA, If You obtained a license to the SOFTWARE PRODUCT or SOFTWARE through the use of Apple’s Mac App Store (but only if You obtained your license to the SOFTWARE PRODUCT or SOFTWARE through Apple’s Mac App Store), the following additional terms and condition shall apply:

1.	Acknowledgement. You acknowledge that the TSLA and this Addendum to the same is between TechSmith and You only, and that Apple, Inc. (“Apple”) is not a party to this TSLA. You acknowledge that TechSmith is solely responsible for the SOFTWARE PRODUCT or SOFTWARE and the content thereof. 

2.	Scope of License. Subject to Your compliance with the terms and conditions of the TSLA set forth above and this Addendum to the same, TechSmith grants You a non-exclusive, non-transferable license to install and execute the SOFTWARE PRODUCT or SOFTWARE solely for your personal use on any Mac Product(s) that You own or control and as permitted by the Apple Usage Rules set forth in the terms and conditions applicable to the Mac App Store.

3.	Maintenance and Support. You acknowledge that Apple will not have any obligation whatsoever to provide any maintenance or support with respect to the SOFTWARE PRODUCT or SOFTWARE. 

4.	Warranty. You agree that the TechSmith shall be solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed in the TSLA and this Addendum to the same. In the event of any failure of the SOFTWARE PRODUCT or SOFTWARE to conform to any applicable warranty, You have the right to notify Apple and Apple shall refund the license fee to the SOFTWARE PRODUCT or SOFTWARE to You. You acknowledge that, to the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the  SOFTWARE PRODUCT or SOFTWARE and all other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty shall be the sole responsibility of TechSmith, to the extent applicable.

5.	Product Claims. Both parties agree that it is TechSmith, and not Apple, that is solely responsible for addressing any claims made by You or any third party relating to the SOFTWARE PRODUCT or SOFTWARE or Your possession and/or use of the SOFTWARE PRODUCT or SOFTWARE, including, but not limited to (i) product liability claims; (ii) any claim that the SOFTWARE PRODUCT or SOFTWARE fails to conform to any applicable legal or regulatory requirement, and (iii) claims arising under consumer protection or similar legislation. 

6.	Intellectual Property Rights. Both parties acknowledge that in the event of any third party claim that the SOFTWARE PRODUCT or SOFTWARE or Your possession and use of the SOFTWARE PRODUCT or SOFTWARE infringes such third party’s intellectual property rights, Apple will not be responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.

7.	Legal Compliance. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and (ii) you are not listed on a U.S. Government list of prohibited or restricted parties. 

8.	Third Party terms of Agreement. You must comply with applicable terms of Agreement when using the SOFTWARE PRODUCT or SOFTWARE.

9.	Third Party Beneficiary. Both parties acknowledge and agree that Apple and its subsidiaries are third party beneficiaries of the TSLA and this Addendum to the same, and that, upon Your acceptance of the terms and conditions of the TSLA and this Addendum to the same, Apple will have the right (and will be deemed to have accepted the right) to enforce the TSLA and this Addendum to the same against You as a third party beneficiary thereof. 

10.	Apple Minimum Terms Control. You acknowledge and agree that if any of the terms and conditions of the TSLA and this Addendum to the same are inconsistent or in conflict with Apple’s applicable instructions for Minimum Terms for Developer’s End User License Agreement, the terms and conditions of Apple’s instructions for Minimum Terms of Developer’s End User License Agreement shall apply.
  
IF YOU DO NOT AGREE TO THE FOREGOING TERMS AND CONDITIONS, YOU DO NOT HAVE A RIGHT TO DOWNLOAD, INSTALL OR USE THE LICENSED SOFTWARE PRODUCT OR SOFTWARE. 