HYPERFOCAL DESIGN END USER LICENSE AGREEMENT NOTICE TO USERS: CAREFULLY READ THE FOLLOWING LEGAL AGREEMENT. USE OF THE IMAGES PROVIDED WITH THIS AGREEMENT ("HYPERFOCAL IMAGES") CONSTITUTES YOUR ACCEPTANCE OF THESE TERMS. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT INSTALL, COPY OR USE HYPERFOCAL IMAGES. USER'S USE OF HYPERFOCAL IMAGES IS CONDITIONED UPON COMPLIANCE BY USER WITH THE TERMS OF THIS AGREEMENT. 1. DEFINITIONS This Hyperfocal Design End User License Agreement ("EULA") is a legal agreement between you the End User (whether an individual or a recognised legal entity) (the "LICENSEE") and Hyperfocal Design Pty. Ltd. for the Hyperfocal Design images accompanying this EULA, which includes digital images and may include associated media, and "online" or electronic documentation ("HYPERFOCAL IMAGES" or "TEXTURES"). 2. LICENSE GRANT Hyperfocal Design grants you a license to use and modify the TEXTURES included on any one system for as many licenses as you purchase. "You" means the company, entity or individual whose funds are used to pay the license fee. "Use" means copying, storing, loading, installing, or displaying the TEXTURES. You may not rent, lease, lend, sell or sublicense the TEXTURES to another person, company or other entity. 3. OWNERSHIP All Hyperfocal Design TEXTURES are owned and copyrighted by Hyperfocal Design. Your license confers no title or ownership of the TEXTURES and should not be construed as a sale of any right. 4. COPYRIGHT Hyperfocal Design's TEXTURES are protected by Australian copyright law, international treaty provisions and other applicable law. You acknowledge that no title to the intellectual property in the TEXTURES is transferred to you. You further acknowledge that title and full ownership rights to the TEXTURES will remain the exclusive property of Hyperfocal Design and you will not acquire any rights to HYPERFOCAL IMAGES except as expressly set forth in this license. 5. MARKETING AND PROMOTION Unless Hyperfocal Design receives written notification from you to the contrary, you hereby grant Hyperfocal Design the right to display any derivative works within your possession or control that incorporate one or more of the TEXTURES at tradeshows, in collateral, and/or via electronic distribution for Hyperfocal Design marketing, educational, and promotional purposes as examples of customer usage. Hyperfocal Design will identify you as the author of such derivative work. 6. SPECIAL LIMITATIONS The TEXTURES may not under any circumstances be used in or in conjunction with pornographic, defamatory, obscene, fraudulent, libelous, infringing, immoral, or illegal material. 7. LIABILITY You agree that you will defend, indemnify and hold Hyperfocal Design harmless against any claims or liabilities arising out of the use, misuse, distribution or execution of any Hyperfocal Design Product including claims brought against you for the use of such TEXTURES. You further agree to hold harmless and protect Hyperfocal Design against any such civil, legal or criminal claims which will be paid by licensee including court costs and judgements. 8. WARRANTY Hyperfocal Design offers a no questions asked, money back guarantee. Return the TEXTURES at any time if for any reason you are not satisfied for a full refund, minus shipping, handling, and any applicable taxes. 9. GOVERNING LAW This Agreement shall in all respects be governed by and construed in accordance with the laws in force in South Australia. 10. AMENDMENTS Hyperfocal Design reserves the right to amend this agreement at any time. 11. ENFORCEABILITY If any part of this Agreement is found void and unenforceable, the parties agree that such invalidity shall not affect the validity of the remaining portions of this agreement.