This License Agreement ('Agreement') is by and between EZBYTE.com, and you, your heirs, assigns, agents and contractors ('You') and is effective upon electronic execution. This Agreement sets forth the terms and conditions of Your use of EZBYTE’s hosting tutorials and represents the entire agreement between You and EZBYTE. By using an EZBYTE Flash tutorial set, you are agreeing to be bound by the terms of this license.

1. By purchasing a license for the EZBYTE Flash tutorials, you are purchasing rights to display on one(1) specified hosted domain, the tutorial set that you have purchased. You are only allowed to display or use the tutorials on the domain you indicated at the time of purchase. Using the tutorials on multiple domains or for multiple sites is not permitted. Likewise, permitting hotlinking or sharing of the EZBYTE tutorials by other sites, reseller partners, or friends is not permitted. You may make one(1) copy of the tutorials on disk, tape, or other computer media for backup purposes only.

2. If you would like to use the tutorials on more than one site, a separate license must be purchased for each site.

3. You may not resell, redistribute, transfer, or sell your license to these tutorials.

4. You may not use these tutorials, in whole or in part, in any other freely or commercially distributed product or service.

5. EZBYTE Not Liable for Delays or Defaults: EZBYTE shall not be liable for delays or defaults in furnishing goods or services hereunder.

6. Liability Limitations: The goods and services provided by EZBYTE are provided AS IS, WITHOUT WARRANTY OF ANY KIND TO YOU OR ANY THIRD PARTY, INCLUDING, BUT NOT LIMITED TO, ANY EXPRESS OR IMPLIED WARRANTIES OF: (1) MERCHANTABILITY; (2) FITNESS FOR A PARTICULAR PURPOSE; (3) EFFORT TO ACHIEVE PURPOSE; (4) QUALITY; (5) ACCURACY; (6) NON-INFRINGEMENT; AND (7) TITLE. YOU AGREE THAT ANY EFFORTS BY EZBYTE TO MODIFY ITS GOODS OR SERVICES SHALL NOT BE DEEMED A WAIVER OF THESE LIMITATIONS, AND THAT ANY EZBYTE WARRANTIES SHALL NOT BE DEEMED TO HAVE FAILED OF THEIR ESSENTIAL PURPOSE. YOU FURTHER AGREE THAT EZBYTE SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOSS OF PROFITS, LOSS OF USE, INTERRUPTION OF BUSINESS, OR ANY DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND WHETHER UNDER THIS AGREEMENT OR OTHERWISE, EVEN IF EZBYTE WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR WAS GROSSLY NEGLIGENT. MODIFICATIONS MADE TO YOUR WEB SITE BY YOU OR ANY THIRD PARTY VOIDS ANY REMAINING EXPRESS OR IMPLIED WARRANTIES. In no event shall EZBYTE’s total liability to you for all damages, losses, and causes of action (whether in contract, tort (including negligence) or otherwise) exceed the amount paid by you for the tutorial set. Some jurisdictions do not permit the exclusion or limitation of liability for consequential or incidental damages, and, as such, some portion of the above limitation may not apply to You. In such jurisdictions, EZBYTE's liability is limited to the greatest extent permitted by law.

7. Third Party Transactions at Your Peril: The parties expressly recognize that EZBYTE does not operate, control or endorse any information, products or services on the Internet, and that any entities that do offer such information, products or services are not affiliated with EZBYTE. EZBYTE does not make any express or implied warranties, representations or endorsements TO YOU OR ANY THIRD PARTY whatsoever with regard to any information, products or services provided through EZBYTE AND OBTAINED OR CONTRACTED OVER the Internet, including, without limitation, warranties of: (1) MERCHANTABILITY; (2) FITNESS FOR A PARTICULAR PURPOSE; (3) EFFORT TO ACHIEVE PURPOSE; (4) QUALITY; (5) ACCURACY; (6) NON-INFRINGEMENT; AND (7) TITLE. EZBYTE shall not be liable TO YOU OR ANY THIRD PARTY for any cost or damage arising either directly or indirectly from any transaction involving third parties' information, products or services. Some jurisdictions do not permit the exclusion or limitation of liability for consequential or incidental damages, and, as such, some portion of the above limitation may not apply to You. In such jurisdictions, EZBYTE's liability is limited to the greatest extent permitted by law.

8. Downloading of Data or Files at Your Peril: The parties expressly recognize that EZBYTE cannot and does not guarantee or warrant that files available for downloading through EZBYTE will be free of infection, viruses, worms, Trojan horses or other code that manifests contaminating or destructive properties. You agree that you shall be solely responsible for implementing sufficient procedures to satisfy Your particular requirements for accuracy of data input and output, and for maintaining a means external to EZBYTE for the reconstruction of any lost data. The parties also expressly recognize that the Internet contains unedited materials, some of which are unlawful, indecent, or offensive to You, and access to such materials by You is done at Your sole risk.

9. SEVERABILITY: If any provision of this Agreement is held to be invalid or unenforceable for any reason whatsoever, the remaining provisions shall remain valid and unimpaired, and shall continue in full force and effect.

10. KNOWING CONSENT AND AUTHORITY TO CONSENT: The parties knowingly and expressly consent to the foregoing terms and conditions.

11. TERMINATION:

(a) Termination by EZBYTE:

(i) No Cause. EZBYTE reserves the right to, and You agree that EZBYTE may, terminate any and all services to You for no cause and without any reason upon five (5) days' notice.

(ii) Cause. EZBYTE reserves the right to, and You agree that EZBYTE may, cancel this Agreement and terminate any and all services to You immediately, and without prior notice, in the event that You fail to fulfill any material obligation contained in this Agreement. EZBYTE RESERVES THE RIGHT TO USE SELF-HELP TO THE GREATEST EXTENT PERMITTED UNDER THE LAW, INCLUDING, BUT NOT LIMITED TO, ELECTRONIC REMEDIES.

(b) Termination by You: You may terminate this license agreement for any reason by destroying any and all copies of your EZBYTE tutorials, related files, and related documentation. However, your purchase fee, and/or any other fees already paid to EZBYTE will not be refunded.

(c) Post-Termination Rights:

(i) Your Continued Indemnification. Your indemnification of EZBYTE under Clauses 5, 6, 7, 8, and 9 above, shall survive any termination of this Agreement.

12. GOVERNING LAW AND JURISDICTION: The construction, validity and performance of this Agreement shall be governed by, and construed in accordance with, the laws of the State of Alabama, and the parties expressly waive its choice of law rules. The parties agree that venue and jurisdiction for any litigation arising out of, related to, or regarding the validity of, this Agreement shall lie in the County of Lauderdale, State of Alabama.