License Agreement

By installing this software you have agreed to be bound by the following Licence Agreement.

Icetips PowerXP-Theme License

END-USER LICENSE AGREEMENT FOR POWERXP-THEME IMPORTANT - READ CAREFULLY.

This End-User License Agreement (“EULA”) is a legal AGREEMENT between you and Icetips Creative, Inc. for the PowerXP-Theme software product identified above, which product includes computer software and may include associated media, printed materials, and “online” or electronic documentation (“SOFTWARE PRODUCT”). By installing, copying, or otherwise using the SOFTWARE PRODUCT, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, then DO NOT install or use the SOFTWARE PRODUCT.

Software Product License

TERMS AND CONDITIONS of an AGREEMENT by and between Icetips Creative, Inc. and you (either an individual or an entity) . By installing this software package, or exercising your rights to make and use copies of the Software (as may be provided for below), or pressing the 'Yes' button below, you agree to be bound by the terms of this Icetips Creative, Inc. License Agreement.

The enclosed software, including, but not limited to, one or more of the following: source code, include files, object code, dynamic link libraries, static libraries, sample programs, utility programs, and scripts, together with the accompanying documentation (collectively known as the "Software") is owned by Icetips Creative, Inc. or its suppliers and is protected by U.S. copyright laws and international treaties. Therefore, you must treat the Software like any copyrighted material (e.g., a book or musical recording) except that you may make either (a) one backup copy of the Software solely for backup purposes, or (b) transfer the Software to a hard disk and keep the original copy solely for backup purposes.

ICETIPS CREATIVE, INC. GRANTS TO YOU THE LIMITED RIGHT TO USE THE SOFTWARE IN THE MANNER SET FORTH IN THIS AGREEMENT.

Subject To The Restrictions Contained In This Agreement You May

(i) Incorporate the template and sourcecode into software application products that you develop; (ii) modify (i.e. modify the source code and rebuild) the dynamic link libraries and statically linked libraries and incorporate the modified dynamic link libraries and statically linked libraries into software application products that you develop; (iii) make and distribute copies of the dynamic link libraries and statically linked libraries of the Software as incorporated into software application products that you develop provided that the Software, or other Icetips Creative, Inc. products, do not constitute a major portion of the value of your product; (iv) solely with the respect to electronic documents, you may make an unlimited number of copies (either in hardcopy or electronic form), provided that such copies shall be used only for internal purposes and are not republished or distributed beyond the licensee's premises; (v) use and modify the source code version of those portions of the Software that are identified in the documentation as the Sample Code ("SAMPLE CODE"), provided you do not distribute the SAMPLE CODE, or any modified version of the SAMPLE CODE, in source code form.

Notwithstanding Any Provisions In This Agreement To The Contrary, You May Not

(i) Distribute in any manner any of the include files, source code, SAMPLE CODE, make files, object modules or independent static libraries of the Software; (ii) use, copy, modify, merge or compile all or any portion of the source code or object code of the Software except as expressly provided in this agreement. (iii) make telecommunication transmittal of the Software; (iv) distribute any portion of the Software or any derivative of any portion of the Software in a software development product or otherwise in competition with Icetips Creative, Inc.'s distribution of the Software; (v) decompile, disassemble or reverse engineer any object code form of any portion of the Software; (vi) expose the interfaces of the Software through your application. (e.g. an OCX, DLL, class library, etc..); (vii) rent or lease the Software; (viii) disclose any source codes of the Software to any person or entity.

THE SOURCE CODES OF THE SOFTWARE ARE VALUABLE ASSETS OF ICETIPS CREATIVE, INC. YOU AGREE TO KEEP ALL SOURCE CODES OF THE SOFTWARE IN CONFIDENCE. YOU MAY NOT TRANSFER OR ASSIGN THE SOFTWARE OR YOUR RIGHTS UNDER THIS AGREEMENT.

Limited Warranty

THE SOFTWARE AND ACCOMPANYING WRITTEN MATERIALS (INCLUDING INSTRUCTIONS FOR USE) ARE PROVIDED "AS IS". ICETIPS CREATIVE, INC. DOES NOT WARRANT, GUARANTEE OR MAKE ANY REPRESENTATIONS REGARDING THE USE, OR THE RESULTS OF USE, OF THE SOFTWARE OR WRITTEN MATERIALS IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, CURRENT, OR OTHERWISE. YOU ASSUME THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE SOFTWARE.

Icetips Creative, Inc. does not warrant that the Software will meet your requirements, that operation of the Software will be uninterrupted or error-free, or that all Software errors will be corrected. Icetips Creative, Inc. is not responsible for problems caused by changes in the operating characteristics of computer hardware or computer operating systems which are made after the release of the Software nor for problems in the interaction of the Software with non-Icetips Creative, Inc. Icetips Creative, Inc. will have no responsibility to replace or refund the license fee for media damaged by accident, abuse or misapplication.

THIS SOFTWARE IS INTENDED FOR COMMERCIAL, INSTITUTIONAL, AND INDUSTRIAL USERS. THE ABOVE WARRANTIES ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, WHETHER EXPRESSED OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ICETIPS CREATIVE, INC., ITS EMPLOYEES, DISTRIBUTORS, DEALERS OR AGENTS SHALL INCREASE THE SCOPE OF THE ABOVE WARRANTIES OR CREATE ANY NEW WARRANTIES. NEITHER ICETIPS CREATIVE, INC. NOR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION OR DELIVERY OF THE SOFTWARE SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS LOSSES, BUSINESS INTERRUPTION, LOSS OF DATA, AND THE LIKE) ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE, OR ANY OTHER CLAIM BY ANY PARTY EVEN IF ICETIPS CREATIVE, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN THE EVENT ICETIPS CREATIVE, INC. IS LIABLE FOR ANY DAMAGES, ICETIPS CREATIVE, INC.'s LIABILITY FOR DAMAGES SHALL BE LIMITED TO THE AMOUNT PAID FOR THE SOFTWARE UNDER THE TERMS AND CONDITIONS OF THIS AGREEMENT.

Icetips Creative, Inc.

136 E 8th Street

Port Angeles WA 98362

EMail: support@icetips.com

www.icetips.com - www.icetipscreative.com