User Installation

Agreement Terms and Conditions

By installing this software you agree to be bound by the terms of this License.

• Grant of License. DigiTells LLC (“DT”) grants you a non-exclusive license to use the software (“Software”) and any digital music (“Music”), for your personal, non-commercial use only, in accordance with the terms and conditions of this License.

• Restrictions. The license granted herein includes the right to install, use and/or view the Software and Music. You acknowledge that you may not, in whole or in part: (a) sublicense, assign or transfer your rights and obligations under this License to any third party; or (b) sell, rent or lease the Software or Music to any third party. You agree that you will not reverse-engineer, disassemble, decrypt, modify or prepare any derivative work of or from the Software or Music. If you transfer a copy of the Software or the Music to a third party or another computer, you agree to transfer it unaltered, and that this license applies to that third party in full.

• Ownership. The Software and Music are proprietary products of DT and its licensors, and are protected under U.S. and international copyright law. The code of the Software is a trade secret of DT. All intellectual property rights in and to the Software and Music data format are owned or licensed by and are retained by DT.

• Term. This License is effective upon receipt of the Software and/or Music and shall continue until terminated. You may terminate this License at any time. DT may terminate this License immediately and without prior notice if you breach any term of this License. Upon any termination, you will stop using the Software and/or Music.

• No Warranty. DT DOES NOT WARRANT THAT THE USE OF THE SOFTWARE OR MUSIC WILL MEET YOUR NEEDS OR THAT ITS’ USE WILL BE UNINTERRUPTED OR ERROR FREE. THE SOFTWARE AND MUSIC ARE LICENSED “AS IS,” AND DT DISCLAIMS ANY AND ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. NO DT DEALER, DISTRIBUTOR, AGENT OR EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATION OR ADDITION TO THE FOREGOING WARRANTY. Some states and countries do not allow the exclusion of implied warranties or limitations on how long an implied warranty may last, so the above limitations and exclusions may not apply to you. This warranty gives you specific legal rights, and you may also have other rights, which vary from state to state and country to country.

• Limitation of Liability. You assume responsibility for: (i) the selection of the software to achieve its intended results, (ii) the acquisition of other software (including any operating system software) and/or equipment compatible with the Software, and (iii) the installation, use and results obtained from the Software. INASMUCH AS THE PRICE, IF ANY, PAID FOR THE LICENSE RIGHTS GRANTED TO USE THE SOFTWARE AND MUSIC MAY BE SUBSTANTIALLY DISPROPORTIONATE TO THE VALUE OF PRODUCTS TO BE USED IN CONJUNCTION WITH THE SOFTWARE AND MUSIC, AND FOR THE EXPRESS PURPOSE OF LIMITING THE LIABILITY AGAINST DT TO AN EXTENT WHICH IS REASONABLY PROPORTIONATE TO THE COMMERCIAL VALUE OF THIS TRANSACTION, YOU AGREE THAT, DT’S CUMULATIVE LIABILITY TO YOU AND ALL OTHER PARTIES FOR ANY LOSS OR DAMAGES RESULTING FROM ANY CLAIMS, DEMANDS, OR ACTIONS ARISING OUT OF OR RELATING TO THIS LICENSE SHALL NOT EXCEED THE FEE PAID BY YOU FOR THE USE OF THE SOFTWARE OR MUSIC. DT SHALL NOT BE LIABLE FOR (A) ANY LOSS OF USE OF YOUR COMPUTER OR LOSS OR CORRUPTION OF DATA OR THE COSTS OF SYSTEM OR DATA RECOVERY, (B) ANY THIRD PARTY CLAIMS, OR (C) FOR ANY INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR LOST PROFITS, WHETHER BASED ON CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF DT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some states and countries 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.

• Governing Law. This License shall be governed by the laws of the State of California. If any provision of this License, or any portion thereof, is found to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of this License shall continue in full force and effect.

• Use of the Software. To the extent permitted under this License, You agree to use, download or transfer the Software and Music in accordance with all local, state, federal and international laws including the United States Export Administration Act.

• Complete Agreement. This License constitutes the entire agreement between the parties with respect to the use of the Software and Music, and supersedes all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. No amendment to or modification of this License will be binding unless in writing and signed by a duly authorized representative of DT. © Copyright 2007 DigiTells LLC. “Read-Along With Me” and all associated logos are trademarks of DigiTells LLC.

Fair Use Agreement

Protecting Authors and Publishers

DigiTells LLC does not encourage or support piracy of copyrighted materials. The following terms and conditions are to ensure that all authors and publishers are fairly compensated for their works and your personal use of their work is within the legal parameters of Fair Use. Please thoroughly read each term and condition. Your support of their copyright is appreciated.

User Terms and Conditions

• DigiTells Software is for PERSONAL USE ONLY.

• Narrated audio files, created with DigiTells Software, of copyrighted publications may not be sold, distributed, broadcasted, shared or transmitted in any form, or by any means, for any commercial purposes, at any time or for any reason.

• Narrated audio files, created with DigiTells Software, of copyrighted publications, may not be used in a broadcast online, including personal websites, whether for profit or non-profit purposes.

• Narrated audio files, created with DigiTells Software, of copyrighted publications, may not be used to broadcast to groups or individuals, whether for profit or non-profit purposes.

• When using a copyrighted publication for narration with DigiTells Software, you must own (or purchase) the book title in which you are recording the narration.

• You may not use DigiTells Software to record a narration from a borrowed copyrighted book title.

• When using a copyrighted publication, you are limited to record, save, transfer and/or burn, one copy of your narrated file to: (1) Disk (2) Mp3 or (3) Other digital playback devices, for each individually owned book, of which the narration has been taken from. *Multiple replications require multiple owned and/or purchased books.

Thank you for your cooperation.

Audio Home Recording Act (AHRA)

The AHRA provides consumers with protection and fair use rights for making analog or digital audio copies of music for private, non-commercial use. DigiTells does not encourage piracy. All music imported and used with DigiTells software may only be for private, non-commercial use. Please refer to the fair use agreement for terms and conditions of all projects created with DigiTells software. If you are uncertain about your right to copy any material, you should contact your legal advisor.

Our Commitment

DigiTells will not rent, sell or share your DigiTells user information (such as name, address, telephone number and credit card information) to a third party.

DigiTells will take all appropriate measures to help protect your private information using a variety of safeguards including: encryption, authentication systems and passwords. You may access and review the full policy via our website. If you have any concerns please contact us via e-mail at PrivacyQuestions@DigiTells.com