PICKPIC

Software License Agreement

Last updated: January 6, 2008

Please read this agreement very carefully. By committing to the installation of all or any of the Software Package, you Agree to be bound by all the terms and conditions of this License agreement. You agree that this agreement is like any written negotiated agreement signed by you. This agreement is enforceable against you and any legal entity that committed to the installation. If you do not agree to the terms of this agreement, do not proceed with the installation.

You may have another written agreement directly with Lickity Pixel that supplements or supersedes all or portions of this agreement. Additionally, Lickity Pixel reserves the exclusive right to license the same Software Package to other individuals or entities under a different license agreement.

Lickity Pixel and its suppliers own all intellectual property in the Software Package. The Software Package is licensed, not sold. Lickity Pixel permits you to use and otherwise benefit from the functionality or intellectual property of the Software Package only in accordance with the terms of this agreement. Use of some third party materials included in the Software Package may be subject to other terms and conditions typically found in a separate license agreement located near such materials.

1. Definitions.

"Lickity Pixel" means White House Custom Colour, a Minnesota corporation d/b/a Lickity Pixel.

"Acceptable Usage" means the exclusive purpose of providing for the online shopping needs of photography clientele.

"Client Computer" means a computer device that is being used by an End User in a non-server capacity, and that may or may not access shared network resources provided by a server computer, whether over the Internet and/or a local area network (LAN).

"Permitted Number" means one (1) unless otherwise indicated under a valid license granted by Lickity Pixel.

"Server Computer" means a computer device running a server application, and that may or may not provide network resources, whether over the Internet and/or a local area network (LAN).

"Software Package" means your PickPic installation and includes (a) all of the information with which this agreement is provided, including but not limited to (i) Lickity Pixel or third party software files installed on a Web Server ("Server Files"); and (ii) related explanatory written materials and files ("Documentation"); and (b) any modified versions and copies of, and upgrades, updates and additions to, such information, provided to you by Lickity Pixel at any time, to the extent not provided under a separate agreement (collectively, "Updates").

2. Software License. Upon your acceptance of the terms and conditions of this License Agreement, Lickity Pixel grants you Acceptable Usage rights to the Software Package. Additionally, you may use the Software Package in the manner provided below.

2.1 Server Files. After installation is completed by Lickity Pixel or an authorized representative, you may only use the Software Package's Server Files as an "in service" web application, either individually or together, on the Permitted Number of Server Computers and in accordance with the restrictions stated in Section 4.

2.2 Backup Copies. Backup copies of the Server Files are not considered "in service" installations, and can be made so long as the backup copies are not installed or used for anything other than archival purposes.

2.3 Transfer. Transferring the Server Files to a Server Computer other than the one where the installation was originally performed is permitted, as long as only the Permitted Number of installations appears "in service" at any one time.

3. Intellectual Property Ownership. The Software Package and any authorized copies that you make are the intellectual property of and are owned by Lickity Pixel and its suppliers. The structure, organization and code of the Software Package are the valuable trade secrets and confidential information of Lickity Pixel and its suppliers. The Software Package is protected by law, including but not limited to the copyright laws of the United States and other countries, and by international treaty provisions. Except as expressly stated herein, this agreement does not grant you any intellectual property rights in the Software Package and all rights not expressly granted are reserved by Lickity Pixel and its suppliers.

4. Restrictions.

4.1 Notices. You shall not copy the Software Package except as set forth in Section 2. Any permitted copy of the Software Package that you make must contain the same copyright and other proprietary notices that appear on or in the Software Package.

4.2 Modifications. Source code modification of the Software Package's installed Server Files is not permitted without the written permission of Lickity Pixel. The Server Files are clearly marked at the top of the source code, and ignoring the warning could result in the revocation of the Software Package and forfeiture of all future upgrades and rights to technical support.

4.3 No Resale. The Software Package's installed Server Files, whether modified or not, shall not be sold or distributed, either individually or together.

4.4 No Transfer Of Ownership. You shall not rent, lease, sell, sub-license, assign or transfer your rights in the software, or authorize any portion of the Software Package to be copied onto another individual or legal entity's Server Computer or Client Computer.

4.5 Disclosure. You shall not publish, disclose, provide information regarding or access to the Software Package's source code, database, or web-based administrative control panel to third parties outside of Acceptable Usage of the Software Package without the prior written consent of Lickity Pixel.

4.6 Reverse Engineering Prohibited. You shall not cause, nor permit either through your direct efforts or through any third party, the modification, disassembly, de-compilation, reverse engineering, or derivation of source code from the Software Package.

4.7 Benchmark Testing. You may use the Software Package for benchmark and comparison testing against other software packages for your benefit only. You shall not provide, nor publish the results of such benchmark or comparison testing to any third parties without the written permission of Lickity Pixel. You shall not provide the Software Package to any third parties for the purpose of performing benchmark or comparison testing.

5. Upgrades & Updates. All upgrades and updates are provided to you on a license exchange basis. You agree that by using an upgrade or update you voluntarily terminate your right to use any previous version of the Software Package. Upgrades and updates may be licensed to you by Lickity Pixel with additional or different terms.

6. Limitation Of Liability. The Software Package is provided "as is." In no event shall Lickity Pixel be liable for any direct, indirect, incidental, special or consequential damages of any kind arising out of the delivery, performance or use of this Software Package, to the maximum extent permitted by applicable law. While the Software Package has been developed with great care, it is not possible to warrant that the Software Package is error free. The Software Package is not designed or intended to be used in any activity that may cause personal injury, death or any other severe damage or loss.

7. General Provisions. If any part of this agreement is found void and unenforceable, it will not affect the validity of the balance of this agreement, which will remain valid and enforceable according to its terms.

Copyright © 2004-2008 White House Custom Colour d/b/a Lickity Pixel. Lickity Pixel and PickPic are either the registered trademarks or trademarks of White House Custom Colour in the United States and/or other countries.