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License Agreement
This Software License Agreement (the “License”) is made effective between SWIRL FILMS LLC
(the “Licensor”) and YOU, the user (the “Licensee”). Whereas, Licensor has developed a certain
computer program and related documentation (the “Software”), and desires to grant Licensee a
license to use the Software.
1. Grant of Rights. Licensor hereby grants to Licensee a nonexclusive license to install and use
the Software on one, single user computer in its possession (“Single User License”).
2. License Term. This license is effective upon Licensee’s acceptance of the terms set forth
herein and remains in effect until Licensee terminates use of this Software or until Licensor
terminates this License due to Licensee’s failure to comply with the terms and conditions hereof.
3. Title to Software. Licensor retains title to and ownership of this Software and all
enhancement, modifications and updates of this Software.
4. Warranty Limitations. This Software is provided “AS IS.” Licensor disclaims all warranties,
including, but not limited to, all express or implied warranties of merchantability and fitness for a
particular purpose.
5. Remedy. Licensee’s sole and exclusive remedy for breach of the foregoing warranty shall be
Licensor’s option to: (i) return the Licensee the license fee for the period in which this Software
did not perform according to this warranty; or (ii) repair the defects or replace the Software.
6. Limitation on Liability. Neither party shall be liable to the other for indirect, special,
consequential or incidental damages, including loss of profits, and Licensor’s liability to
Licensee for any other damage relating to or arising out of this License whether in contract, tort,
or otherwise will be limited to the amount received by Licensor from Licensee as compensation
for this Software.
7. Arbitration. The parties agree to submit any dispute under this License to binding arbitration
under the rules of the American Arbitration Association in the following location: Atlanta,
Georgia or Fulton County Georgia. Judgment upon the award rendered by the arbitrator may be
entered in any court with jurisdiction to do so.
8. Attorney’s Fees. If any legal action is necessary to enforce this License, the prevailing party
shall be entitled to reasonable attorney fees, costs and expenses in addition to any other relief
to which it may be entitled.
9. Applicable Law. This license will be governed by the laws of the State of Georgia.
10. No Agency. Nothing contained herein will be construed as creating any agency, partnership,
or joint venture or other form of joint enterprise between the parties.
11. Assignment. The rights conferred by this License shall not be assignable by the Licensee
without Licensor’s prior written consent.
Installing and using this Software indicates your acceptance of these terms and conditions. If
you do not agree with the terms of this License you must remove all software, documentation
and related files from all storage devices and cease to use it.