END-USER LICENSE AGREEMENT FOR Covera CONTENT LIBRARIES
IMPORTANT-READ CAREFULLY: This Covera Content End-User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and Covera (Covera) for one of the Four Bees Digital Backdrops™, Four Bees Bumper Music™ and Four Bees Web Elements™ content CD that this EULA came with, which includes loops and associated media, music, songs, printed materials and "online" or electronic documentation ( each a "Content CD"). By licensing, copying or otherwise using any portion of the Content CD, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, do not use the Content CD. Please read this Agreement carefully. Your use of the Content CD is subject to the terms of this Agreement.
Copyright laws and international copyright treaties, as well as other intellectual property laws and treaties protect the Content CD. The Content CD is licensed, not sold.

1. GRANT OF LICENSE. Covera, as Licensor, grants to you, the Licensee, a limited, nonexclusive right to use this copy of the Content CD on a single computer for your individual use. You are free to use the Content CD in your own original compositions without restriction. Neither the Content CD nor any portion thereof may be resold or redistributed as loops, music beds, clips, visuals and/or graphic images except as otherwise integrated into your own works. All rights not expressly granted to Licensee are reserved to Covera or its licensors. If the Content CD contains material created by a third party artist (the term "Artist" including a person and/or group performing an original work, performer, producer, engineer and/or anyone or any group who is credited on the Content CD) you may not use that artist's name for any purpose, including promotional purposes, credits, use in any way of name or likeness, without the advance express written permission of both the Artist and Covera.

2. CONTENT CD OWNERSHIP. As the Licensee, you own the CD on which the Content CD is recorded or fixed. Covera shall retain full and complete title to the Content CD and all subsequent copies of the Content CD, regardless of the media or form on or in which the original copies may exist. The License is not a sale of the original Content CD or any of the underlying material.

3. COPYRIGHT. All rights, title, and interest in and to the Content CD (including, but not limited to, any images, photographs, animations, video, audio, music, text, and "applets" incorporated into the Content CD) and any copies of the Content CD are owned by Covera or its suppliers. Copyright laws and international treaty provisions protect the Content CD. Therefore, you must treat the Content CD like any other copyrighted material, except that you may make copies as only provided in this EULA. You may not copy the printed materials accompanying the Content CD.

4. RESTRICTIONS ON USE. You may not: (a) use the Content CD on more than one computer at a time without purchasing additional licenses, (b) distribute, share, sublicense, lend, lease or otherwise make the Content CD available to any third party (on the Internet, an information network or tangible media, by broadcast or in any other manner), (c) modify, adapt, create derivative works from or translate any part of the Content CD (other than as integrated by you into your work in accordance with this EULA), (d) reverse engineer, decompile or disassemble the Content CD or otherwise attempt to obtain its source code, (e) remove or alter any copyright, trademark or other proprietary notice contained in the Content CD or (f) use the Content CD in any manner not set forth in this EULA or in the Content CD's documentation.

5. OWNERSHIP OF CONTENT CD. The Content CD may contain copyrighted material, trademarks and other intellectual property that is provided by and belongs to third parties ("Third Party Providers"). Covera and the Third Party Providers own and will retain all title, ownership rights and intellectual property rights in and to the Content CD. Further, you may not use any Third Party Provider's name, image, likeness or voice for any purpose whatsoever without the prior, express written permission of both the Third Party Provider and Covera.

6. ASSIGNMENT. You may assign the Content CD to a third party only if they agree to be bound by the terms and conditions of this EULA. If you assign the Content CD, your rights under this EULA will terminate immediately and you must: (a) cease all use of the Content CD, (b) permanently delete all copies of the Content CD from the computer on which it has been installed and (c) deliver the original Content CD to the transferee. You may not retain the original or any copies of the Content CD.

7. TERMINATION. Your right to use the Content CD will automatically terminate if you fail to comply with any provision of this EULA. If this EULA is terminated you must: (a) cease all use of the Content CD, (b) destroy the original and all copies of the Content CD and (c) permanently delete all copies of the Content CD from the computer on which it has been installed.

8. LIMITED WARRANTY. THE CONTENT CD IS PROVIDED "AS IS." TO THE FULL EXTENT ALLOWABLE BY LOCAL LAW, COVERA, COVERA'S AFFILIATES AND THE THIRD PARTY PROVIDERS DISCLAIM ALL OTHER WARRANTIES, REPRESENTATIONS AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY COVERA OR A COVERA AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. WITHOUT LIMITATION OF THE FOREGOING, COVERA AND THE THIRD PARTY PROVIDERS DO NOT WARRANT THAT: (a) THE CONTENT CD WILL BE ERROR-FREE, (b) YOUR USE OF THE CONTENT CD WILL BE UNINTERRUPTED OR ERROR-FREE, (c) THE CONTENT CD WILL MEET YOUR REQUIREMENTS OR (d) THE CONTENT CD WILL OPERATE WITH THE HARDWARE OR SOFTWARE CONFIGURATION YOU CHOOSE.

9. LIMITATIONS ON LIABILITY. IN NO EVENT WILL COVERA, COVERA'S AFFILIATES OR THE THIRD PARTY PROVIDERS' LIABILITY TO YOU OR ANY THIRD PARTY EXCEED THE PRICE PAID BY YOU FOR THE CONTENT CD.

10. EXCLUSION OF REMEDIES. WITHOUT LIMITING ANY OF THE DISCLAIMERS OR LIMITATIONS SET FORTH IN PARAGRAPHS 8 AND 9, ABOVE, IN NO EVENT WILL COVERA, COVERA'S AFFILIATES OR THE THIRD PARTY PROVIDERS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF YOUR USE OR INABILITY TO USE THE CONTENT CD (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, REVENUE, USE OF SOFTWARE OR ANY ASSOCIATED HARDWARE OR SOFTWARE, DATA OR GOODWILL), EVEN IF SUCH PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

11. YOUR SPECIFIC RIGHTS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF DAMAGES OR LIMITATIONS OF LIABILITY, SO THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. YOUR SPECIFIC RIGHTS MAY VARY FROM JURISDICTION TO JURISDICTION.

12. EXPORT RESTRICTIONS. You agree that you will comply with all applicable export laws, restrictions and regulations of the U.S. Department of Commerce, the U.S. Department of Treasury and any other U.S. or foreign agency or authority. You agree not to export or re-export or allow the export or re-export of the Content CD in violation of any such law, restriction or regulation, including, without limitation, export or re-export to any country subject to applicable U.S. trade embargoes, or to any party on the U.S. Export Administration Table of Denial Orders or the U.S. Department of Treasury List of Specially Designated Nationals and Blocked Persons, or to any prohibited destination in any of the Country Groups specified in the then current Supplement No. 1 to Part 740 or the Commerce Control List specified in the then current Supplement No. 1 to Part 738 of the U.S. Export Administration Regulations (or any successor supplement or regulations).

13. UPDATES. Covera may from time to time make available to you updates for the Content CD, subject to the terms and conditions of this EULA, or, in Covera's sole discretion, Covera may make condition release of such upgrades to you upon your acceptance of another EULA or other execution of a separate agreement. If you should elect to install or otherwise use updates, your use of such updates will be subject to the applicable license and the terms and conditions of this EULA or other agreement.

14. MISCELLANEOUS. This EULA will be binding upon and inure to the benefit of Covera and you, and our respective successors and permitted assigns. If any provision of this EULA is determined to be invalid or unenforceable, such determination will not affect the validity or enforceability of any other provision of this EULA. Any waiver of any breach or failure to enforce any provision of this EULA will not be deemed a future waiver of such term or a waiver of any other provision. Any waiver, amendment, supplementation or modification of any provision of this EULA will be effective only if it is in writing and signed by Covera and you. This EULA shall be governed by the laws of the United States and the State of Texas, irrespective of Texas' conflicts of laws rules. Any action arising out of or relating to this EULA may be brought exclusively in the appropriate state or federal court in Fort Worth, Texas, and Covera and you irrevocably consent to the jurisdiction of such courts and venue in Tarrant County, Texas. This EULA constitutes the entire agreement between Covera and you with respect to the subject matter of this EULA. Sections 8 through 10, 13 and 14 will survive the termination of this EULA.
Revision 10/29/05.