Software License Agreement

END-USER LICENSE AGREEMENT FOR TECHSMITH SOFTWARE - CAMTASIA for 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 WITHOUT PROMPTLY REQUESTING A REFUND OF SUCH FEE OR INSTALLING, COPYING, OR OTHERWISE USING THE SOFTWARE PRODUCT, 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 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 OR SOFTWARE IS PROTECTED BY U.S. COPYRIGHT LAWS AND INTERNATIONAL COPYRIGHT TREATIES, AS WELL AS OTHER INTELLECTUAL PROPERTY LAWS AND TREATIES. TECHSMITH AND/OR ITS SUPPLIERS OR LICENSORS, ARE AND SHALL REMAIN THE OWNERS OF ALL INTELLECTUAL PROPERTY RIGHTS IN THE SOFTWARE PRODUCT OR SOFTWARE OR SERVICES. THE SOFTWARE PRODUCT OR SOFTWARE OR SERVICES ARE 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 FOUND 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 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 NONIDENTYFYING 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 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.

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 DISTRUBUTE 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.

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.

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, still 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. "Permitted Number" means one (1) unless otherwise indicated under a valid license (e.g., Multi User, site, or Enterprise License) granted by TechSmith.

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

6. “Services” means video processing services.

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

8. "TechSmith" means TechSmith Corporation, a Michigan corporation of 2405 Woodlake Drive, Okemos, MI 48864 .

9. "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 PRODUCT or 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 is in trial mode, which may include, but would not be limited to, watermarking.

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

11. “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 dialog in the SOFTWARE PRODUCT or SOFTWARE 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 authorized Resellers or 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  or Services in a manner consistent with its design, documentation, and Your order. You may only use the SOFTWARE PRODUCT or SOFTWARE or Services 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 or Services depending on the intended use of the SOFTWARE PRODUCT or SOFTWARE or Services. Your order shall designate the specific application of the SOFTWARE PRODUCT or SOFTWARE or Services which may include, a Multi-user License, site License, Enterprise License, or volume Discount License, for example. 

1.2 General 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 Computers as long as, when required by the SOFTWARE PRODUCT or SOFTWARE, You present a valid, authorized, and activated SOFTWARE key for each copy;

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 copy an image of the SOFTWARE PRODUCT or SOFTWARE onto Computer 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; and 

1.4 Server use. 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 a copy of the SOFTWARE PRODUCTS or SOFTWARE PRODUCT or SOFTWARE on Computer file server(s) within Your Internal Network only for use of the SOFTWARE PRODUCT or 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 on such Computer file servers(s) may not exceed the Permitted Number.

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 with the terms and conditions of this TSLA as a condition to the license granted herein and subject to the important 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 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 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 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 The TACC. 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 or access a copy of the executable TechSmith Audio Screen Capture Component (TACC) of the SOFTWARE PRODUCT or SOFTWARE, for the sole and only purpose of allowing You as an end users of the SOFTWARE PRODUCT or SOFTWARE to capture system audio files created with the SOFTWARE PRODUCT or SOFTWARE. You receive no other rights to the TACC or the SOFTWARE PRODUCT or SOFTWARE other than those specifically granted in this Section and this TSLA.

1.9 Integrity of 3rd Party Content and SOFTWARE. Your 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 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 or Service in a manner consistent with its design, documentation, and Your Order and 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 or SOFTWARE 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 PRODUCT or 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 PROOUCT OR SOFTWARE and any copies of the SOFTWARE PRODUCT or any SOFTWARE key or key codes related to the SOFTWARE PRODUCT or SOFTWARE and TechSmith’s 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 PROOUCT 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  Software for Mac . The SOFTWARE PRODUCT or SOFTWARE which is the subject matter of this TSLA is for use and/or runs on a Mac operating system only, and the SOFTWARE and SOFTWARE key associated with the SOFTWARE will not be operable on any other systems.

2.7 Trial Version This section 2.7 and its subparagraphs apply in addition to the license granted in Section 1 above and solely if You have received a valid copy of a 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 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 2.7. 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 a copy of the Trial Version at any time in its sole discretion. To the extent that any provision in this section 2.7 is in conflict with any other term or conditions in this TSLA, this section 2.7 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 AN "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 an 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 shall be entitled to obtain a temporary restraining order or a preliminary injunction from a court of competent jurisdiction, without posting of bond or proof of actual damages, to prevent You, Your employees, agents, consultants, or independent contractors from engaging in any further use copying, reproduction, distribution, modification, adaptation, or making of derivative works or display of  the SOFTWARE PRODUCT or SOFTWARE or the continued breach of the remaining terms and conditions of this TSLA .

5. Dual-Media Software. If you were licensed to  receive the SOFTWARE PRODUCT or SOFTWARE in more than one medium, regardless of the type or size of medium You receive, You are licensed  to  use only one medium that is appropriate for Your single Computer. You may not use or install the other medium on another Computer other than as expressly stated in the TSLA. You may not loan, rent, lease, license, distribute  or otherwise transfer the other medium 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) (1) (ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or Ri9hts at 48 CFR 52 . 227-19, as applicable. Manufacturer is: TechSmith Corporation PO Box 26095 Lansing, MI 48909-6095. YOU acknowledge and agree as a 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 or has a presence in Ingham County, Michigan U.S.A. This Agreement has been prepared in the English language and such version shall be controlling in all respects and any non- English version of this Agreement is solely for accommodation purposes. The parties to this Agreement 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
Web Site: 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 (1) 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 AND 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, CONTENTAND 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, 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 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, the failure to store, transmit or receive transmission of Your Content or any other 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 may 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, Use of Your Content and Restrictions. Title and intellectual property rights in and to any Content displayed by, reproduced, recorded or accessed through the SOFTWARE PRODUCT or SOFTWARE, belongs to the respective Content owners. Such 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. This TSLA does not grant You any rights to use such 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.
	
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 Your Content , 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 and related content and/or data, throughout the world, as necessary to provide You with  the Service. In addition, You grant us the right to use Your Content 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 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 t 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 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.

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 that 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.

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

TechSmith and CAMTASIA 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 Open Source Software
.
The BSD License

Copyright (c) 2010, Adobe Systems Incorporated
All rights reserved.

Redistribution and use in source and binary forms, with or 
without modification, are permitted provided that the following 
conditions are met:

* Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer.
 
* Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation 
and/or other materials provided with the distribution.
 
* Neither the name of Adobe Systems Incorporated, nor the names of its 
contributors may be used to endorse or promote products derived from this software without specific prior written permission. 

THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS"AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FORA PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT OWNER OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

Copyright (c) 2011 John Resig, http://jquery.com/

Permission is hereby granted, free of charge, to any person obtaining
a copy of this software and associated documentation files (the
"Software"), to deal in the Software without restriction, including
without limitation the rights to use, copy, modify, merge, publish,
distribute, sublicense, and/or sell copies of the Software, and to
permit persons to whom the Software is furnished to do so, subject to
the following conditions:

The above copyright notice and this permission notice shall be
included in all copies or substantial portions of the Software.

THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND,
EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BELIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTIONWITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.

Handlebars and easyXDM JS libraries and Modernizr, SWFObject are released under the MIT License as set forth below: 
Handelbars Copyright (c) 2011 Yehuda Katz
EasyXDM Copyright (c)2009-2011 Oyvind
Modernizr Copyright (c)2009-2012 Modernizr
SWFObject Copyright (c)_2007-2010 Geoff Stearns, Michael Williams, and Bobby van der Sluis

Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the "Software"), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions:
The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software.

THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.

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.