END-USER LICENSE AGREEMENT FOR WPGallery Plugin (http://wpslideshowplugin.com). I. THIS END USER LICENSE AGREEMENT (HEREINAFTER, "AGREEMENT" OR "END USER LICENSE AGREEMENT") IS A LEGAL AGREEMENT BETWEEN THE PERSON, COMPANY, OR ORGANIZATION THAT HAS INSTALLED AND LICENSED THIS PLUGIN (HEREINAFTER, "YOU" OR "ORGANIZATION") AND EXTRA SOLUTIONS LTD. BY INSTALLING AND USING THE PLUGIN, CUSTOMER ACCEPTS THE PLUGIN AND AGREES TO ALL OF THE TERMS OF THIS AGREEMENT. YOU SHOULD READ THIS AGREEMENT CAREFULLY BEFORE COMPLETING THE INSTALLATION PROCESS AND USING THE PLUGIN. BY INSTALLING AND/OR USING THE PLUGIN, YOU ARE CONFIRMING YOUR ACCEPTANCE OF THE PLUGIN AND AGREEING TO BECOME BOUND BY ITS TERMS AND A PARTY TO THE AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, OR DO NOT HAVE AUTHORITY TO BIND YOUR ORGANIZATION TO THESE TERMS, THEN YOU SHOULD DISCONTINUE THE CURRENT INSTALLATION AND DO NOT INSTALL THE PLUGIN. THIS END USER LICENSE AGREEMENT APPLIES ONLY TO THE VERSION OF WPGALLERY PLUGIN CURRENTLY BEING DOWNLOADED OR INSTALLED. THIS AGREEMENT DOES NOT APPLY TO ANY PAST OR FUTURE PLUGIN SUPPLIED BY EXTRA SOLUTIONS LTD. PAST OR FUTURE EXTRA SOLUTIONS LTD PLUGIN SHALL REMAIN SUBJECT TO THE ORIGINAL LICENSING AGREEMENT PROVIDED WITH THAT PRODUCT. II. LICENSE GRANTS The licenses granted in Section II of this Agreement are subject to all of the terms and conditions set forth in this End User License Agreement: (A). Subject to the provisions of Sections II(B) and II(C), the payment of applicable license fees, and subject to the other terms and conditions of this Agreement, Extra Solutions Ltd hereby grants to you a NON-EXCLUSIVE, NON-TRANSFERABLE right to use this version of WPGallery Plugin and the accompanying documentation (the "Documentation"), if any, on unlimited websites owned and operated by license purchaser. (B). You may make one copy of the Plugin in machine-readable form solely for backup purposes. You must reproduce on any such copy all copyright notices and any other proprietary legends on the original copy of the Plugin. You may not sell or transfer any copy of the Plugin made for backup purposes. (C). You agree that Extra Solutions Ltd may audit your use of the Plugin for compliance with these terms at any time, upon reasonable notice. In the event that such audit reveals any use of the Plugin by you or your organization other than full compliance with the terms of this Agreement, you shall reimburse Extra Solutions Ltd for all reasonable expenses related to such audit in addition to any other liabilities you may incur as a result of such non-compliance. (E). You may not modify your working copy of the Plugin for your needs only if you have Standart or Advanced package. And you may modify your working copy of the Plugin for your needs only if you have Developers package. (E). Standard package grants You may have one working copy of the Plugin on one domain. You may NOT include a copy of the Plugin with complete websites you sell or you dont own. (F). Advanced package grants You may make up working copies of the Plugin on unlimited domains. You may NOT include a copy of the Plugin with complete websites you sell or you dont own. (G). Developers package grants You may make unlimited working copies of the Plugin on unlimited domains. You may include a copy of the Plugin with complete websites you sell. Clients you sell the Plugin as part of a website to may not sell or give away the Plugin themselves. They may use the Plugin on up to ten different domains. III. LICENSE RESTRICTIONS (A). You may not rent, lease, loan, sublicense or resell the Plugin. You may not permit third parties to benefit from the use or functionality of the Plugin 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, decompile the Plugin, except to the extent the foregoing restriction is expressly prohibited by applicable law. You may not modify, or create derivative works based upon, the Plugin in whole or in part. You may not copy the Plugin or Documentation, except that you may either (a) make one copy of the Plugin solely for backup or archival purposes, or (b) transfer the Plugin to a single hard disk provided that you keep the original solely for backup or archival purposes. You may not remove any proprietary notices or labels on the Plugin. All copies must contain the same proprietary notices that appear on and in the Plugin. All rights not expressly set forth hereunder are reserved by Extra Solutions Ltd. (B). Unless otherwise provided herein, you may not rent, lease, or sublicense the Plugin. (C). You are purchasing and installing a NOT FOR DEVELOPMENT PACKAGE VERSION of WPGallery Plugin, you may not transfer any of your rights under this Agreement as part of a sale or transfer of any computer equipment or websites owned by the license holder. Any third party wishing to use this plugin upon the purchase of the license holder`s computer equipment or websites, or for any other reason, must purchase another license to use WPGallery Plugin and agree to the terms of this End User License Agreement. This is a NOT FOR DEVELOPMENT PACKAGE VERSION of WPGallery Plugin, SALE OR TRANSFER OF THIS NOT FOR DEVELOPMENT PACKAGE VERSION IS EXPRESSLY FORBIDDEN UNDER THE TERMS OF THIS END USER LICENSE AGREEMENT. (D). You agree that you will not export or re-export the Plugin 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. (E). You shall not use WPGallery Plugin to develop any product having the same primary function as WPGallery Plugin. (F). In the event that you fail to comply with all of the terms of this End User License Agreement, Extra Solutions Ltd may terminate the license and you must destroy all copies of the Plugin (with all other rights of both parties and all other provisions of this Agreement surviving any such termination). IV. TERM OF AGREEMENT (A). 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 Plugin and the Documentation. You may terminate this Agreement at any point by destroying all copies of the Plugin and any accompanying documentation. V. OWNERSHIP RIGHTS (A). This Plugin is protected by international treaty provisions. Extra Solutions Ltd and its suppliers own and retain all right, title and interest in and to the Plugin (as an independent work and as a necessary element for any application that you may develop using this product), including all copyrights, patents, trade secret rights, trademarks and other intellectual property rights therein. Your possession, installation, or use of the Plugin does not transfer to you any title to the intellectual property in the Plugin, and you will not acquire any rights to the Plugin except as expressly set forth in this Agreement. This agreement grants you limited license to use the Plugin. All rights not specifically granted in this End User License Agreement, including Federal and International Copyrights, are reserved by Extra Solutions Ltd. VI. WARRANTY DISCLAIMER AND EXCLUSIVE REMEDY (A). WARRANTY DISCLAIMER THE PLUGIN IS PROVIDED "AS IS." TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Extra Solutions Ltd DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR QUIET ENJOYMENT, AND NON-INFRINGEMENT WITH RESPECT TO THE PLUGIN AND THE ACCOMPANYING DOCUMENTATION. YOU ASSUME RESPONSIBILITY FOR SELECTING THE PLUGIN TO ACHIEVE YOUR INTENDED RESULTS, AND FOR THE INSTALLATION OF, USE OF, AND RESULTS OBTAINED FROM THE PLUGIN. WITHOUT LIMITING THE FOREGOING PROVISIONS, Extra Solutions Ltd MAKES NO WARRANTY THAT THE PLUGIN WILL BE ERROR-FREE OR FREE FROM INTERRUPTIONS OR OTHER FAILURES OR THAT THE PLUGIN 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. NO RIGHTS OR REMEDIES REFERRED TO IN ARTICLE 2 OR ARTICLE 2A OF THE UNIFORM COMMERCIAL CODE WILL BE CONFERRED ON YOU UNLESS EXPRESSLY GRANTED HEREIN. IN THE EVENT THAT APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THIS PLUGIN, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO SEVEN (7) DAYS FROM THE DATE OF DELIVERY. THE DATE OF DELIVERY BEING DETERMINED BY THE DATE OF INSTALLATION. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY Extra Solutions Ltd, OR ITS EMPLOYEES, SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF ANY WARRANTY PROVIDED HEREIN. (B). EXCLUSIVE REMEDY – Extra Solutions Ltd and its suppliers entire liability and your exclusive remedy for any breach of the foregoing warranty shall be, at Extra Solutions Ltd option, either (1) return of the purchase price paid for the license, if any, or (2) replacement of the defective media in which the Plugin is contained. You must return the defective media to Extra Solutions Ltd at your expense with a copy of your receipt and a description of the problem. This limited warranty is void if the defect has resulted from alteration, accident, abuse, modification, or misapplication. Any replacement media will be warranted for the remainder of the original warranty period. Extra Solutions Ltd will use reasonable commercial efforts to supply you with a replacement copy of the Plugin that substantially conforms with the Plugin originally purchased. THIS REMEDY IS THE SOLE AND EXCLUSIVE REMEDY AVAILABLE TO YOU FOR BREACH OF EXPRESS OR IMPLIED WARRANTIES WITH RESPECT TO THE PLUGIN AND RELATED DOCUMENTATION. VII. LIMITATION OF LIABILITY UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER IN TORT (INCLUDING NEGLIGENCE), CONTRACT, BREACH OF WARRANTY, PRODUCT LIABILITY OR OTHERWISE, SHALL Extra Solutions Ltd OR ITS SUPPLIERS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, COVER OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR THE INABILITY TO USE EQUIPMENT OR ACCESS DATA, LOSS OF BUSINESS, LOSS OF PROFITS, BUSINESS INTERRUPTION, DAMAGES FOR LOSS OF GOODWILL, COMPUTER FAILURE OR MALFUNCTION, OR FOR ANY AND ALL OTHER DAMAGES OR LOSSES, EVEN IF Extra Solutions Ltd, ITS EMPLOYEES, OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. IN NO EVENT WILL Extra Solutions Ltd BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE LIST PRICE Extra Solutions Ltd CHARGES FOR A LICENSE TO THE PLUGIN, EVEN IF Extra Solutions Ltd 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. (USA only) SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE. THE FOREGOING LIMITATIONS ON LIABILITY ARE INTENDED TO APPLY TO THE WARRANTIES AND DISCLAIMERS ABOVE AND ALL OTHER ASPECTS OF THIS AGREEMENT. VIII. BASIS OF BARGAIN The Limited Warranty, Disclaimer, Exclusive Remedies, and Limited Liability set forth above are fundamental elements of the basis of the agreement between Extra Solutions Ltd and you. Extra Solutions Ltd would not be able to provide this Plugin on an economic basis without such limitations. IX. GENERAL (A). Merger This Agreement sets forth and contains the complete agreement between the parties with respect to the subject matter hereof, and supersedes all prior or contemporaneous agreements or understandings, whether written, oral, or otherwise. By entering this agreement, you consent that any varying or additional terms contained in any purchase order, document, notification, correspondence, or other communication issued by you in relation to the Plugin licensed hereunder shall be of no effect. This Agreement may not be modified except by a written addendum issued by a duly authorized representative of Extra Solutions Ltd. No provision hereof shall be deemed waived unless such waiver shall be in writing and signed by Extra Solutions Ltd or a duly authorized representative of Extra Solutions Ltd. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. The failure or delay of Extra Solutions Ltd to exercise any of its rights under this Agreement or upon any breach of this Agreement shall not be deemed a waiver of those rights or of the breach. The parties confirm that it is their wish that this Agreement has been written in the English language only. (B). Severability If any provision of this Agreement shall be held by a court of competent jurisdiction to be contrary to law that provision will be enforced to the maximum extent permissible and the remaining provisions of this Agreement will remain in full force and effect. (C). The Plugin and Documentation are provided with Restricted Rights. (D). No Extra Solutions Ltd dealer, agent or employee is authorized to make any amendment to this Agreement unless such amendment is in writing and signed by a duly authorized representative of Extra Solutions Ltd. (E). You agree that your license, as covered by this agreement, is non-transferable to a third party (except DEVELOPMENT PACKAGE VERSION). If you create a website for sale to a third party that uses this plugin, you may not transfer or offer the plugin to the third party with the sale of the site. Third party buyers must be referred to our site (wpslideshowplugin.com) in order to purchase their own plugin license (except DEVELOPMENT PACKAGE VERSION). (F). Requests for full or partial refunds must be made within four (4) days. All questions concerning this Agreement shall be asked using http://wpslideshowplugin.com/support.php form