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HomeMy WebLinkAboutContract 51221 CITY SECRETARY 51X-Jo CONTRACT NO. RECEIVED ADDENDUM TO FIRE STUDIO LICENSE AND END USER SEP -6 2018 AGREEMENT r1TYGFFORT WOnTH BETWEEN rITYSE'CAETARY THE CITY OF FORT WORTH AND DIGITAL COMBUSTION, INC. This Addendum to Fire Studio License and End-User Agreement ("Addendum")is entered into by and between the Digital Combustion,Inc.,a California corporation("Seller")and the City of Fort Worth("City"), collectively the"parties", for a purchase of licenses. The Contract documents shall include the following: 1. The Fire Studio License and End-User Agreement; and 2. This Addendum. Notwithstanding any language to the contrary in the attached Fire Studio License and End- User Agreement (the "Agreement"), the Parties hereby stipulate by evidence of execution of this Addendum below by a representative of each party duly authorized to bind the parties hereto,that the parties hereby agree that the provisions in this Addendum below shall be applicable to the Agreement as follows: 1. Attorneys' Fees, Penalties, and Liquidated Damages. To the extent the attached Agreement requires City to pay attorneys' fees for any action contemplated or taken, or penalties or liquidated damages in any amount, City objects to these terms and any such terms are hereby deleted from the Agreement and shall have no force or effect. 2. Law and Venue.The Agreement and the rights and obligations of the parties hereto shall be governed by and construed in accordance with the laws of the United States and state of Texas, exclusive of conflicts of laws provisions. Venue for any suit brought under the Agreement shall be in a court of competent jurisdiction in Tarrant County,Texas.To the extent the Agreement is required to be governed by any state law other than Texas or venue in Tarrant County, City objects to such terms and any such terms are hereby deleted from the Agreement and shall have no force or effect. 3. Sovereign Immunity. Nothing herein constitutes a waiver of City's sovereign immunity. To the extent the Agreement requires City to waive its rights or immunities as a government entity; such provisions are hereby deleted and shall have no force or effect. 4. Limitation of Indemnity. To the extent the Agreement, in any way, requires City to indemnify or hold Seller or any third party harmless from damages of any kind or character, City objects to these terms and any such terms are hereby deleted from the Agreement and shall have no force or effect. Addendum to Software License Agreement Page I of 4 OFFICIAL RECORD CITY SECRETARY FT.WORTH,TR 5. No Debt. In compliance with Article 11 § 5 of the Texas Constitution, it is understood and agreed that all obligations of City hereunder are subject to the availability of funds. If such funds are not appropriated or become unavailable,City shall have the right to terminate the Agreement except for those portions of funds which have been appropriated prior to termination. 6. Confidential Information. City is a government entity under the laws of the State of Texas and all documents held or maintained by City are subject to disclosure under the Texas Public Information Act. To the extent the Agreement requires that City maintain records in violation of the Act,City hereby objects to such provisions and such provisions are hereby deleted from the Agreement and shall have no force or effect.In the event there is a request for information marked Confidential or Proprietary, City shall promptly notify Seller. It will be the responsibility of Seller to submit reasons objecting to disclosure. A determination on whether such reasons are sufficient will not be decided by City, but by the Office of the Attorney General of the State of Texas or by a court of competent jurisdiction. 7. Addendum Controlling. If any provisions of the attached Agreement,conflict with the terms herein,are prohibited by applicable law, conflict with any applicable rule,regulation or ordinance of City, the terms in this Addendum shall control. 8. Immigration Nationality Act. City actively supports the Immigration&Nationality Act(INA)which includes provisions addressing employment eligibility,employment verification, and nondiscrimination. Seller shall verify the identity and employment eligibility of all employees who perform work under the Agreement. Seller shall complete the Employment Eligibility Verification Form(I-9),maintain photocopies of all supporting employment eligibility and identity documentation for all employees, and upon request,provide City with copies of all I-9 forms and supporting eligibility documentation for each employee who performs work under the Agreement. Seller shall establish appropriate procedures and controls so that no services will be performed by any employee who is not legally eligible to perform such services. Seller shall provide City with a certification letter that it has complied with the verification requirements required by the Agreement. Seller shall indemnify City from any penalties or liabilities due to violations of this provision. City shall have the right to immediately terminate the Agreement for violations of this provision by Seller. 9. No Boycott of Israel. Seller acknowledges that in accordance with Chapter 2270 of the Texas Government Code, City is prohibited from entering into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. The terms"boycott Israel"and"company" shall have the meanings ascribed to those terms in Section 808.001 of the Texas Government Code. By signing this Addendum, Seller certifies that Seller's signature provides written verification to City that Seller: (1) does not boycott Israel; and(2)will not boycott Israel during the term of the Agreement. 10. Right to Audit. Seller agrees that City shall, until the expiration of three (3)years after final payment under the Agreement, have access to and the right to examine any directly pertinent books, documents, papers and records of Seller involving transactions relating to the Agreement. Seller agrees that City shall have access during normal working hours to all necessary Addendum to Software License Agreement Page 2 of 4 Seller facilities and shall be provided adequate and appropriate workspace in order to conduct audits in compliance with the provisions of this section. City shall give Seller reasonable advance notice of intended audits. (signature page follows) Addendum to Software License Agreement Page 3 of 4 Executed this the;�day of rAQ-` , 2018. CITY: City of Fort Worth Contract Compliance Manager: By signing I acknowledge that I am the person } responsible for the monitoring and administration of this contract,including ensuring all By: " '[.(/ performance and reporting requirements. Name: Valerie Washington Title: Assistant City Manager Date: I��I By: Na ichael Kazda Approval Recommended: Title: Sr.Management Analyst Approved as to Form and Legality: By: Name: ark Rauscher Title: Assistant Director By: Ny(me: Jo B. Strr� g Attest: 'title: Assistapi-City Attorney ntract Authorization: * CITY By: �'ae: Mary K e ;Q Tit e: City Secretary SELLER: *`r Digital ComburAon,Inc. n- By: Z)N Name: Doug Prochnow Title: CFo Date: August 31, 2018 Addendum to Software License Agreement _. _ P OFFICIAL RECORD CITY SECRETARY FT.WORTH,TX Fire Studio 6 Software License Agreement (v1.2 June 7th, 2018) PLEASE READ THIS SOFTWARE LICENSE AGREEMENT("LICENSE") CAREFULLY BEFORE USING THE DIGITAL COMBUSTION SOFTWARE. BY USING THE DIGITAL COMBUSTION SOFTWARE,YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, DO NOT USE THE SOFTWARE. IF YOU DO NOT AGREE TO THE TERMS OF THE LICENSE, YOU MAY RETURN THE DIGITAL COMBUSTION SOFTWARE WITHIN 60 DAYS OF THE PURCHASE DATE TO THE PLACE WHERE YOU OBTAINED IT FOR A REFUND.ANY AND ALL INSTALLATIONS OF FIRE STUDIO MUST BE DEACTIVATED AND UNINSTALLED IN ORDER FOR A REFUND TO BE ISSUED. THIS AGREEMENT IS BETWEEN YOU AND DIGITAL COMBUSTION INC("DC").ACCESS TO OR USE OF DC SOFTWARE IS EXPRESSLY CONDITIONED UPON YOUR ACCEPTANCE OF THIS AGREEMENT'S TERMS. BY INSTALLING AND/OR USING THE DC SOFTWARE,YOU REPRESENT THAT YOU,AND/OR YOUR ORGANIZATION, IS CAPABLE OF ENTERING INTO A CONTRACT UNDER THE LAWS OF YOUR JURISDICTION AND AGREE TO BE BOUND BY THIS AGREEMENT'S TERMS. DC reserves the right, from time to time, with or without notice to you,to change the terms of this Agreement.The most current version of this Agreement will supersede all previous versions. IMPORTANT NOTE:This software may be used to reproduce materials. It is licensed to you only for reproduction of non-copyrighted materials, materials in which you own the copyright,or materials you are authorized or legally permitted to reproduce. If you are uncertain about your right to copy any material,you should contact your legal advisor. 1.General The DC and any third-party software (including any content),documentation,digital images,clip-art, sound files, animations,and any videos accompanying this License whether on USB, in read-only memory,on any other media or in any other form (collectively the "Digital Combustion Software") are licensed, not sold,to you by DC,for use only under the terms of this License,and DC reserves all rights not expressly granted to you.You own the media on which the DC Software is recorded but DC and/or DC's licensor(s) retain ownership of the DC Software itself.The terms of this License will govern any software upgrades provided by DC that replace and/or supplement the original DC Software product, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern. Title and intellectual property rights in and to any content displayed by or accessed through the DC Software belongs to the respective content owner. 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 such content.This License does not grant you any rights to use such content nor does it guarantee that such content will continue to be available to you. Fire Studio 6 Page 1A 2. Permitted License Uses and Restrictions A. DC Software(Bundle) Subject to the terms and conditions of this License,you are granted a limited non-exclusive license to install and use DC Software on one computer per activation granted to you by DC. You may not make the DC Software available over a network where it could be used by multiple computers at the same time.You may make copies of the DC Software in machine-readable form for backup purposes only, provided that the backup copy must include all copyright or other proprietary notices contained on the original. B.Activations DC allows for a set number of Activations per License purchased by the End-User. Unless otherwise authorized by a duly-appointed employee of Digital Combustion Inc.,the number of Activations allowed i) is 1 per Fire Studio 6 Instructor Edition license ii) is 1 per Fire Studio 6 Player Edition license iii) is 1 per Communication Link 6 license.Activation is conducted using a License ID provided by Licensor upon purchase of software license(s). Activations and licenses are not synonymous. In no way does the allowance of added Activations allow for more simultaneous instances of DC Software running than number of licenses purchased. Activations are in use when the End-User's License ID has been entered/provided for validation or authorization of software installation. Activations may be returned to the End-User automatically if correct"de-activation" procedures are followed,or at the discretion of DC. Licensor shall not be held responsible for lost or stolen software License IDs,or any other codes or passwords used for the purpose of software activation. Licensor shall also not be held accountable for lost, damaged, or stolen installations or activations due to End-User's equipment failure, a failure to follow correct installation and/or activation procedures, unsupported installation methods such as remote or network logins/installations or virtual machine environments, nor for any other reason where End-User is reasonably responsible. C. Restrictions You may not lease, rent, sublicense, publish, modify, patch,adapt or translate DC Software.You may not reverse engineer,decompile or disassemble DC Software, create DC Software derivative works, or attempt to create DC Software source code from its object code.You may not(i) use any illegal, counterfeit or modified hardware or software with DC Software; (ii)attempt to bypass,disable or circumvent any License System encryption, security or authentication mechanism; (iii)violate any laws, regulations or statutes or rights of DC or third-parties in connection with your access to or use of DC Software; (iv)obtain DC Software in any manner other than through DC's authorized distribution methods; or(v)exploit DC Software in any manner other than to use it with your computer according to the accompanying documentation and with authorized software or hardware. These restrictions will be construed to apply to the greatest extent permitted by the law in your jurisdiction. Fire Studio 6 Page 2A D.Commercial Use Use of,or as result of using this software,the animation(s), picture(s)or other art provided in the software,cannot be used, displayed or distributed in any form for commercial purpose(s), unless End- User or subsequent user is given express written permission from Digital Combustion, Inc. If you feel your use of the DC Software would fall under the terms of this section, please contact Digital Combustion by phone, email, or written letter to discuss issuance of written permission. Contact Digital Combustion early in your process. We have many individuals, institutions or organizations that use our software for commercial purposes. Please contact us for further information or support in these matters. 3.Transfer You may not rent, lease, lend, sell for profit, redistribute or sublicense the DC Software.You may, however, make a one-time permanent transfer of all of your license rights to the DC Software to another party, provided that: (a)the transfer must include all of the DC Software, including all its component parts,original media, printed materials and this License; (b)you do not retain any copies of the DC Software,full or partial, including copies stored on a computer or other storage device; and (c)the party receiving the DC Software reads and agrees to accept the terms and conditions of this License. All components of the DC Software are provided as part of a bundle and may not be separated from the bundle and distributed as standalone applications. Updates: From time to time, DC, may,at its sole discretion,advise the End-User of updates, upgrades, enhancements,or improvements to the Software (collectively, "Updates"), and may license the End- User to use such Updates upon payment of prices as may be established by DC from time to time. All such Updates to the software provided to the End-User shall also be governed by the terms of this License. STAND-ALONE UPGRADES: IF A DC SOFTWARE UPDATE OR UPGRADE REQUIRES A FULL INSTALLATION,ALSO REFERRED TO AS A"STAND-ALONE UPGRADE,"YOU MAY NOT USE BOTH VERSIONS OF THE DC SOFTWARE AT THE SAME TIME NOR MAY YOU TRANSFER THEM SEPARATELY. WHEN UPGRADING TO A NEW, FULL VERSION,YOUR LICENSE FOR THE OLDER VERSION IS TERMINATED AND MAY NO LONGER BE USED, NOR WILL IT BE SUPPORTED BY DC. UPON TERMINATION OF THE PRIOR LICENSE,YOU SHALL CEASE ALL USE OF THE DC SOFTWARE AND DESTROY ALL COPIES, FULL OR PARTIAL,OF THE DC SOFTWARE. BY MEANS OF EXAMPLE, IF YOU UPGRADE YOUR CURRENT FIRE STUDIO 5 LICENSE TO FIRE STUDIO 6,YOU MAY NO LONGER USE FIRE STUDIO 5. NFR (Not for Resale)Copies: Notwithstanding other sections of this License, DC Software labeled or otherwise provided to you on a promotional basis may only be used for demonstration,testing and evaluation purposes and may not be resold or transferred. Academic Copies: If the DC Software package has an academic label or if you acquired the DC Software at an academic discount,you must be an Eligible Educational End User to use the DC Fire Studio 6 Page 3A Software. "Eligible Educational End User"means students,faculty,staff and administration attending and/or working at an educational institutional facility(i.e.,college campus, public or private K-12 schools). DC Software labeled or otherwise provided to you as an academic License may not be resold for profit or transferred,except to an individual for personal, non-commercial use,or to a volunteer department,for use at volunteer department's facility. Under no circumstance must the resale price, if any, exceed the original purchase cost. Promotional Licenses: If your License of the DC Software was acquired at a promotional discounted rate,the License may not be resold for profit or transferred,except to an individual for personal, non- commercial use,or to an educational institutional facility. Under no circumstance must the resale price, if any, exceed the original purchase cost. Personal Licenses: If your DC Software is acquired at a personal discount,you may only install and activate the License on a computer owned personally by you and not by the agency whom you work for, commercial,government,volunteer, or otherwise. DC Software labeled or otherwise provided to you as a personal License may not be resold for profit or transferred,except to an individual for personal, non-commercial use,to a volunteer department, or to an educational institutional facility. Under no circumstance must the resale price, if any,exceed the original purchase cost. 4.Consent to Use of Data You agree that DC and its third-party license-activation partners may collect and use technical and related information, including but not limited to technical information about your computer, system and application software, and peripherals,that is gathered periodically to facilitate the provision of software updates, product support and other services to you (if any) related to the DC Software, and to verify compliance with the terms of this License. DC may use this information, as long as it is in a form that does not personally identify you,to improve our products or to provide services or technologies to you. S. Internet Features Using DC Software features that require access to an Internet connection ("Internet Features") may require you to obtain wired or wireless Internet service from a third-party internet service provider ("Internet Service Provider"). Internet access may NOT be available at your location, be free of charge or free from interruption or disconnections. If you wish to obtain Internet Service Provider services for your computer system,you must enter into the necessary Internet Service Provider agreements for those services.You are responsible for all fees incurred in connection with access to or use of the Internet. Certain Internet Features may operate depending upon Internet connection factors not under DC's control. Browsing websites, playing programs or downloading programs or data may result in viruses, loss or corruption of data or other problems,and you assume all responsibilities and consequences resulting from engaging in these activities through your computer system. Fire Studio 6 Page 4A 6.Termination This License is effective until terminated.Your rights under this License will terminate automatically without notice from DC if you fail to comply with any term(s)of this License. Upon the termination of this License,you shall cease all use of the DC Software and destroy all copies,full or partial,of the DC Software. 7. Limited Warranty on Media DC warrants the media on which the DC Software is recorded and delivered by DC to be free from defects in materials and workmanship under normal use for a period of sixty(60)days from the date of original purchase.Your exclusive remedy under this Section shall be, at DC's option, a refund of the purchase price of the media containing the DC Software or replacement of the media, either of which requires returning defective media to DC or a DC authorized representative with a copy of the receipt.THIS LIMITED WARRANTY AND ANY IMPLIED WARRANTIES ON THE MEDIA INCLUDING, BUT NOT LIMITED TO,THE IMPLIED WARRANTIES OF MERCHANTABILITY,OF SATISFACTORY QUALITY,AND OF FITNESS FOR A PARTICULAR PURPOSE,ARE LIMITED IN DURATION TO SIXTY(60) DAYS FROM THE DATE OF ORIGINAL RETAIL PURCHASE.SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS,SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.THE LIMITED WARRANTY SET FORTH HEREIN IS THE ONLY WARRANTY MADE TO YOU AND IS PROVIDED IN LIEU OF ANY OTHER WARRANTIES(IF ANY)CREATED BY ANY DOCUMENTATION OR PACKAGING.THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS,AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY BY JURISDICTION. 8. Disclaimer of Warranties YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT,TO THE EXTENT PERMITTED BY APPLICABLE LAW, USE OF THE DC SOFTWARE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE,ACCURACY AND EFFORT IS WITH YOU. EXCEPT FOR THE LIMITED WARRANTY ON MEDIA SET FORTH ABOVE AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW,THE DC SOFTWARE IS PROVIDED"AS IS",WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND,AND DC AND DC'S LICENSORS(COLLECTIVELY REFERRED TO AS"DC" FOR THE PURPOSES OF SECTIONS 7 and 8) HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE DC SOFTWARE, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO,THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE,OF ACCURACY, OF QUIET ENJOYMENT,AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. DC DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE DC SOFTWARE,THAT THE FUNCTIONS CONTAINED IN THE DC SOFTWARE WILL MEET YOUR REQUIREMENTS,THAT THE OPERATION OF THE DC SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE DC SOFTWARE WILL BE CORRECTED.YOU FURTHER ACKNOWLEDGE THAT THE DC SOFTWARE IS NOT INTENDED OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE THE FAILURE OF,OR ERRORS OR INACCURACIES IN THE CONTENT, DATA OR INFORMATION PROVIDED BY THE DC SOFTWARE COULD LEAD TO DEATH, PERSONAL INJURY,OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE, INCLUDING WITHOUT LIMITATION THE OPERATION OF NUCLEAR FACILITIES,AIRCRAFT NAVIGATION Fire Studio 6 Page 5A OR COMMUNICATION SYSTEMS,AIR TRAFFIC CONTROL, LIFE SUPPORT OR WEAPONS SYSTEMS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY DC OR A DC AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY.SHOULD THE DC SOFTWARE PROVE DEFECTIVE,YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER,SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU. 9. Limitation of Liability TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, IN NO EVENT SHALL DC BE LIABLE FOR PERSONAL INJURY,OR ANY INCIDENTAL,SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES,ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE DC SOFTWARE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY(CONTRACT,TORT OR OTHERWISE)AND EVEN IF DC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY,OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES,SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall DC's total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of the purchased License.The foregoing limitations will apply even if the above stated remedy fails of its essential purpose. 10. Export Control You may not use or otherwise export or re-export the DC Software except as authorized by the law of the country wherein you have purchased or received the DC Software. In particular, but without limitation,the DC Software may not be exported or re-exported (a) into any U.S.embargoed countries or(b)to anyone on the U.S.Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person's List or Entity List. By using the DC Software,you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use these products for any purposes prohibited by United States law, including,without limitation,the development,design, manufacture or production of missiles, nuclear,chemical or biological weapons; regardless of whether you reside within the United States or not. 11.Government End Users The DC Software and related documentation are "Commercial Items",as that term is defined at 48 C.F.R. §2.101,consisting of"Commercial Computer Software" and"Commercial Computer Software Documentation", as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4,as applicable,the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b)with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States. Fire Studio 6 Page 6A 12. Controlling Law and Severability This License will be governed by and construed in accordance with the laws of the California,and shall inure to the benefit of Licensor and End-User and their successors,assigns and legal representatives. If any provision of this License is held by a court of competent jurisdiction to be invalid or unenforceable to any extent under applicable law,that provision will be enforced to the maximum extent permissible and the remaining provisions of this License will remain in full force and effect.Any notices or other communications to be sent to Licensor must be mailed first class, postage prepaid,to the following address: Digital Combustion, Inc.,A California Corporation,9121 Atlanta Ave.#705 Huntington Beach, CA 92646. PH: 800-884-8821 13. Complete Agreement;Governing Language This License constitutes the entire agreement between you and DC relating to the DC Software and supersedes all prior or contemporaneous understandings regarding such subject matter. No amendment to or modification of this License will be binding unless in writing and signed by DC.Any translation of this License is done for local requirements and in the event of a dispute between the English and any non-English versions,the English version of this License shall govern to the extent not prohibited by local law in your jurisdiction. 14.Third-Party Software License This Software is copy-protected by Third-Party Software. Installation of the computer program(s)will also install this Third-Party Copy Protection and will control the trial of the Fire Studio 6 software and activation process. Directly after installing the Fire Studio 6 program the software will operate with some features disabled;this is the default "trial' mode. By default,the disabled features include the "Save," "Load,"and "Export"functions.A limited time trial of a full version is possible with a special "full trial" license ID provided by the Digital Combustion. It will provide a limited time frame for use of the full version before a new ID is required for extended use on your computer. Call or contact Digital Combustion, Inc.for more information to activate as"full trial'or to activate after purchase if you did not receive License(s)electronically at purchase time. Call 1-800-884-8821 or via email at support@digitalcombustion.com. 15.Third Party Acknowledgements Portions of the DC Software utilize or include third party software and other copyrighted material. Acknowledgements, licensing terms and disclaimers for such material accompany such material, and your use of such material is governed by their respective terms. Acknowledgment BY INSTALLING THIS SOFTWARE,THE END-USER ACKNOWLEDGES THAT IT HAS READ THIS LICENSE, UNDERSTANDS IT,AND AGREES TO BE BOUND BY ITS TERMS AND CONDITIONS. Should you have any questions concerning this License, contact DC by letter at 9121 Atlanta Ave.#705 Huntington Beach, CA. 92646 or email at support@digitalcombustion.com. Fire Studio 6 Page 7A