HomeMovie.Com Afiniti End-User License Agreement By installing the Afiniti 3.0 plus! Active-X component, you warrant that you are at least eighteen years old and that you have the capacity to enter into contracts, you agree to use Afiniti 3.0 plus! solely in accordance with the terms and conditions of this End-User License Agreement (EULA), and that you are bound by and are a party to this agreement. License. HomeMovie.Com grants a limited, non-exclusive, non-transferable license to you for the use of Afiniti to; encode video into the Windows Media Format as defined by the current profile utilized by our application; manage video, photos and other media assets on your computer within Afiniti; edit and synchronize your media with your online Afiniti account per the rights and limitations of your Afiniti account level and to share your media with eligible viewers, to include your family and friends, as well as visitors to a consumer-oriented website, such as blog and auction sites, dating sites, online personals and other website publishing sites. Restrictions. You may not use Afiniti except as expressly defined in this EULA. You may not use Afiniti for operating your or your employer's business or for providing streaming or other services for others. This license does not entitle you to receive any support, telephone assistance, enhancements or updates except at the sole discretion of HomeMovie.Com. You may not i) alter, modify or create any derivative works of Afiniti or the source code underlying any of Afiniti's players or editing platforms; ii) remove or alter any trademark, logo, copyright, labels or other proprietary notices within Afiniti; iii) block or disable any outside links, advertisements or other features that may be added to the Afiniti product; iv) link to or play archived media in any player or fashion outside of Afiniti-enabled players furnished by HomeMovie.Com or its partners. Termination. The EULA and your rights to use Afiniti shall terminate immediately and without notice should any terms or conditions of this agreement be breached. In addition, the EULA and your right to use Afiniti may be terminated by you or by HomeMovie.Com at any time upon written notice delivered by standard courier or postal services, or via electronic mail.   Proprietary Rights. All title, ownership rights, and intellectual property rights in Afiniti, including but not limited to Afiniti software components and processes, shall belong to HomeMovie.Com and/or its licensors. You expressly acknowledge such ownership and intellectual property rights and will not take any action to jeopardize, limit or interfere in any manner with HomeMovie.Com's or its licensors' or other suppliers' ownership of or rights with respect to Afiniti. Afiniti is protected by copyright and other intellectual property laws and by international treaties. Title and related rights to any content accessed through Afiniti are the property of the applicable content owner and are protected by applicable law. The license granted under this EULA gives you no rights in or to such content. All trademarks used in connection with Afiniti are owned by HomeMovie.Com, its affiliates and/or its licensors and other suppliers, and no license to use any such trademarks is provided hereunder. You agree that HomeMovie.Com may use in any manner and without limitation all comments, suggestions, complaints and other feedback you provide relating to Afiniti. No Warranty. Afiniti is provided to you on an "as-is" basis and without warranty or condition, express, implied or statutory. HomeMovie.Com and its officers, directors, employees, affiliates, partners, licensors, suppliers and agents specifically disclaim all implied warranties as to title, merchantability or fitness for a particular purpose. This disclaimer of warranty constitutes an essential part of this agreement. Use of Afiniti is unauthorized hereunder except under this disclaimer. Limitation of Liability. To the fullest extent permitted by applicable law, HomeMovie.Com shall bear no liability with respect to your use of Afiniti. In no event will HomeMovie.Com be liable for any indirect, special, incidental or exemplary damages arising out of or in any way relating to this EULA or the use of or inability to use Afiniti or its documentation. HomeMovie.Com shall not be held liable for damages relating to the use of the site, errors on the site, viruses on the site or products, failure of the site to operate, third party links, and any purchase or service Such damages shall include, but are not limited to lost profits, lost data, loss of goodwill, work stoppage, computer failure or malfunction, or any and all other commercial damages or losses, even if it had been advised of the possibility thereof, and regardless of the legal or equitable theory (contract, Tort or Otherwise) upon which the claim is based. Governance. The entire HomeMovie.Com End User License Agreement shall be governed by and construed construed under the laws of the State of Washington. Any action related in any way to the agreement shall be brought in the appropriate federal or state court located in the state of Washington. Each party hereby consents to the jurisdiction of such courts for the purposes of this agreement Use outside of the U.S. As a user of Afiniti, you shall comply with the Export Laws, and assures HomeMovie.Com that you will not export or re-export directly or indirectly (including via remote access) any part of the Product(s) or any Confidential Information to any country for which a validated license is required. If HomeMovie.Com determines that the laws of any country are or become insufficient to protect HomeMovie.Com's intellectual or proprietary rights in the Products, use of Afiniti in the country may be prohibited.