End User License Agreement – EULA
End User Artwork License Agreement for Drip Electronics Products

NOTICE TO ALL USERS: PLEASE CAREFULLY READ THE FOLLOWING LEGAL AGREEMENT ("AGREEMENT") FOR THE LICENSE circuit board Art Products ("artwork") BY DRIP ELECTRONICS. BY CLICKING THE ENTER BUTTON OR PURCHASING THE Artwork, YOU (EITHER AN INDIVIDUAL OR A SINGLE ENTITY) CONSENT TO BE BOUND BY AND BECOME A PARTY TO THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, CLICK THE BUTTON THAT INDICATES THAT YOU DO NOT ACCEPT THE TERMS OF THIS AGREEMENT AND DO NOT PURCHASE THE Artwork.

1. License Grant. Subject to the payment of the applicable license fees, and subject to the terms and conditions of this Agreement, DRIP hereby grants to you a non-exclusive, non-transferable right to use one copy of the specified version of the Artwork and the accompanying BUILD MANUAL("manual").

a. Product: Drip Electronics designs and creates circuit boards which are primarily ART but can function as electronics. As such, Drip is held harmless from any harm or damage which might occur to individuals in the use or function of any Drip product.

2. Term. This Agreement is effective for an unlimited duration unless and until earlier terminated as set forth herein. This Agreement will terminate automatically if you fail to comply with any of the limitations or other requirements described herein. Upon any termination or expiration of this Agreement, you must destroy all copies of the Artwork and the Documentation. You may terminate this Agreement at any point by destroying all copies of the Artwork and the Documentation.

3. Ownership Rights. The artwork is protected by United States copyright laws and international treaty provisions. DRIP and its suppliers own and retain all right, title and interest in and to the Artwork, including all copyrights, patents, trade secret rights, trademarks and other intellectual property rights therein. Your possession, installation, or use of the Artwork does not transfer to you any title to the intellectual property in the Artwork, and you will not acquire any rights to the Artwork except as expressly set forth in this Agreement.

4. Restrictions. You may not rent, lease, loan, sublicense or resell the Artwork. You may not permit third parties to benefit from the use or functionality of the Artwork via a timesharing, service bureau or other arrangement. You may not transfer any of the rights granted to you under this Agreement. You may not reverse engineer, de-compile, or disassemble the Artwork, except to the extent the foregoing restriction is expressly prohibited by applicable law. You may not modify, or create derivative works based upon, the Artwork in whole or in part. You may not copy the Artwork or Documentation. You may not remove any proprietary notices or labels on the Artwork. All copies must contain the same proprietary notices that appear on and in the Artwork. All rights not expressly set forth hereunder are reserved by DRIP.

5. Warranty and Disclaimer.

a. Limited Warranty. DRIP warrants that for sixty (60) days from the date of original purchase the media (e.g., circuit board) on which the Artwork is contained will be free from defects in materials and workmanship.

b. Remedies. DRIP’s and its suppliers’ entire liability and your exclusive remedy for any breach of the foregoing warranty shall be, at DRIP’s option, either (i) return of the purchase price paid for the license, if any, or (ii) replacement of the defective media in which the Artwork is contained. You must return the defective media to DRIP at your expense with a copy of your receipt. This limited warranty is void if the defect has resulted from accident, abuse, or misapplication. Any replacement media will be warranted for the remainder of the original warranty period. Outside the United States, this remedy is not available to the extent DRIP is subject to restrictions under United States export control laws and regulations.

c. Warranty Disclaimer. Except for the limited warranty set forth herein, THE Artwork IS PROVIDED "AS IS." TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DRIP DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT WITH RESPECT TO THE Artwork AND THE ACCOMPANYING DOCUMENTATION. YOU ASSUME RESPONSIBILITY FOR SELECTING THE Artwork TO ACHIEVE YOUR INTENDED RESULTS, AND FOR THE INSTALLATION OF, USE OF, AND RESULTS OBTAINED FROM THE Artwork. WITHOUT LIMITING THE FOREGOING PROVISIONS, DRIP MAKES NO WARRANTY THAT THE Artwork WILL BE ERROR-FREE OR FREE FROM INTERRUPTIONS OR OTHER FAILURES OR THAT THE Artwork WILL MEET YOUR REQUIREMENTS. SOME STATES AND JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. The foregoing provisions shall be enforceable to the maximum extent permitted by applicable law.

6. Limitation of Liability. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER IN TORT, CONTRACT, OR OTHERWISE, SHALL DRIP OR ITS SUPPLIERS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, COMPUTER FAILURE OR MALFUNCTION, OR FOR ANY AND ALL OTHER DAMAGES OR LOSSES. IN NO EVENT WILL DRIP ELECTRONICS BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE LIST PRICE drip CHARGES FOR A LICENSE TO THE Artwork, EVEN IF DRIP SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHERMORE, SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU. The foregoing provisions shall be enforceable to the maximum extent permitted by applicable law.

7. Miscellaneous. This Agreement is governed by the laws of the United States and the State of New Mexico, without reference to conflict of laws principles, and the parties agree that the sole location and venue for any litigation which may arise hereunder shall be Santa Fe County, New Mexico . The application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded. This Agreement sets forth all rights for the user of the Artwork and is the entire agreement between the parties. This Agreement supersedes any other communications with respect to the Artwork and Documentation. This Agreement may not be modified except by a written addendum issued by a duly authorized representative of DRIP. No provision hereof shall be deemed waived unless such waiver shall be in writing and signed by DRIP or a duly authorized representative of DRIP. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. The parties confirm that it is their wish that this Agreement has been written in the English language only.

8. The Artwork and MANUAL are provided with Restricted Rights. Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in subparagraph (c)1(ii) of the Rights in Technical Data and Computer Artwork clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Artwork - Restricted Rights 48 CFR 52.227-19, as applicable. Manufacturer is Drip Electronics, Santa Fe, NM 87505

9. You agree that you will not export or re-export the Artwork or Documentation to any country, person, entity or end user subject to U.S.A. export restrictions. Restricted countries currently include, but are not necessarily limited to Cuba, Iran, Iraq, Libya, North Korea, Sudan, and Syria. You warrant and represent that neither the U.S.A. Bureau of Export Administration nor any other federal agency has suspended, revoked or denied your export privileges.

Copyright © 2009 Drip Electronics. All Rights Reserved.

Drip® is a registered trademark of Drip Electronics.