Amboseli African Safari 1.0

EULA - End User License Agreement

Tom Whetten's Wildlife Photo Tour
Binary Freeware License Agreement
04/14/2010

ATTENTION: READ CAREFULLY: By using, copying, or distributing the
accompanying software you indicate your acceptance of the following
Wildlife Photo Tour Binary Freeware License Agreement ("Agreement").

1. LICENSE. Wildlife Photo TourWildlife Photo Tour") hereby grants you
(each licensee is addressed as "you") a non-exclusive, transferable
license to use its software product and accompanying documentation (the
program's object code and documentation are collectively referred to
as the "Software") on the following terms and only for non-commercial
purposes (see Section 2 below). You may:

a. use the Software on any computer in your possession;

b. make copies of the Software; and

c. distribute the Software (subject to the requirements of Section
3 below) only in the form originally furnished by Wildlife Photo Tour with no
modifications or additions whatsoever. If you have the slightest
doubt that your copy of the Software is not original, you must
contact Wildlife Photo Tour for an original copy.

2. LIMITATIONS ON LICENSE. The license granted in Section 1 is subject
to the following restrictions:

a. The Software is to be used only for non-commercial purposes
unless you obtain Wildlife Photo Tour's prior written consent. Prohibited
commercial purposes include, but are not limited to:

(i) Selling, licensing or renting the Software to third parties
for a fee (by payment of money or otherwise, whether direct or
indirect);

(ii) Using the Software to provide services or products to others
for which you are compensated in any manner (by payment of money
or otherwise, whether direct or indirect), including, without
limitation, providing support or maintenance for the Software;

(iii) Using the Software to develop a similar application on any
platform for commercial distribution; or

(iv) Using the Software in any manner that is generally
competitive with a Wildlife Photo Tour product as defined by
Wildlife Photo Tour.

b. However, media costs associated with the distribution of the
Software may be recovered. You shall use your best efforts to
promptly notify Wildlife Photo Tour upon learning of any violation
of the above commercial restrictions.

c. On each copy of the Software you must conspicuously and
appropriately reproduce Wildlife Photo Tour's copyright notices
(see Software for examples of such notices) and disclaimer of warranty;
keep intact this Agreement and all notices that refer to this Agreement
or any absence of warranty (whether written or interactively displayed);
and give any other recipients of the Software a copy of this
Agreement.

d. You may not modify, combine other commercial applications with,
or otherwise prepare derivative works of the Software.

e. In order to preserve the value of the Wildlife Photo Tour name,
the Tom Whetten's name, and/or any trademarks, service marks, trade
dress adopted and/or used by Wildlife Photo Tour from time to time,
you shall not make use of any of them for any reason (e.g., with
respect to an Additional File, in advertising, marketing your own
products, press releases, or other publicity) except solely as may
be expressly authorized by this Agreement or by the prior written
consent of Wildlife Photo Tour.

f. Wildlife Photo Tour, in its sole and absolute discretion, may
have included a portion of the source code or online documentation
of the Software. Except for any such portions, you shall not REVERSE
ENGINEER, DECOMPILE, DISASSEMBLE, OR OTHERWISE REDUCE ANY PORTION OF
THE SOFTWARE TO ANY HUMAN PERCEIVABLE FORM, except to the extent this
restriction is prohibited by applicable law.

3. DISTRIBUTION: As used in this Agreement, the term "distribute" (and
its variants) includes making the Software available (either
intentionally or unintentionally) to third parties for copying or
use, including providing timeshare access. Each time you distribute
the Software, the recipient must expressly agree to comply with
these terms and conditions. The recipient automatically receives
this license to use, copy, or distribute the Software subject to
these terms and conditions. You may not impose any further
restrictions on the recipients' exercise of the rights granted
herein. You are not responsible for enforcing compliance with this
Agreement by recipients.

4. TITLE. Title, ownership rights, and intellectual property rights in
and to the Software, and each copy thereof (including all copyrights
therein), shall remain in Wildlife Photo Tour. The Software is
protected by the copyright laws of the United States and international
copyright treaties.

5. NO WILDLIFE PHOTO TOUR OBLIGATION. You are solely responsible for all
of your costs and expenses incurred in connection with the distribution
of the Software, and Wildlife Photo Tour shall have no liability,
obligation or responsibility therefor. Wildlife Photo Tour shall
have no obligation to provide maintenance, support, upgrades or new
releases to you or to any distributee of the Software.

6. NO WARRANTY. THE SOFTWARE IS LICENSED FREE OF CHARGE, AND THERE IS
NO WARRANTY FOR THE SOFTWARE. WILDLIFE PHOTO TOUR PROVIDES THE SOFTWARE
"AS IS," AND WILDLIFE PHOTO TOUR, ITS DISTRIBUTORS AND SUPPLIERS,
AND ALL OTHER PERSONS WHO HAVE BEEN INVOLVED IN THE CREATION,
PRODUCTION, OR DELIVERY OF THE SOFTWARE, DISCLAIM ALL CONDITIONS
AND WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED, STATUTORY, OR
OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY CONDITIONS OR IMPLIED
WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, AND FITNESS FOR
A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE RESULTS, QUALITY AND
PERFORMANCE OF THE SOFTWARE IS WITH YOU AND YOUR DISTRIBUTEES. SHOULD
THE SOFTWARE PROVE DEFECTIVE, YOU AND YOUR DISTRIBUTEES (AND NOT
WILDLIFE PHOTO TOUR) ASSUME THE COST OF ALL NECESSARY SERVICING,
REPAIR OR CORRECTION. WILDLIFE PHOTO TOUR MAKES NO WARRANTY OF
NONINFRINGEMENT OF THE INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES.

7. LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL
THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL WILDLIFE PHOTO TOUR, ITS
DISTRIBUTORS AND SUPPLIERS, OR ANY OTHER PERSON WHO HAS BEEN INVOLVED
IN THE CREATION, PRODUCTION, OR DELIVERY OF THE SOFTWARE BE LIABLE TO
YOU OR ANY OTHER PERSON FOR ANY GENERAL, DIRECT, INDIRECT, SPECIAL,
INCIDENTAL, CONSEQUENTIAL, OR OTHER DAMAGES OF ANY CHARACTER ARISING
OUT OF THIS AGREEMENT OR THE USE OF OR INABILITY TO USE THE SOFTWARE,
INCLUDING BUT NOT LIMITED TO PERSONAL INJURY, LOSS OF PROFITS, LOSS
OF DATA, OUTPUT FROM THE SOFTWARE OR DATA BEING RENDERED INACCURATE,
FAILURE OF THE SOFTWARE TO OPERATE WITH ANY OTHER PROGRAMS, DAMAGES
FOR LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR
MALFUNCTION, OR ANY AND ALL OTHER DAMAGES OR LOSSES OF WHATEVER NATURE,
EVEN IF WILDLIFE PHOTO TOUR HAS BEEN INFORMED OF THE POSSIBILITY OF
SUCH DAMAGES.

8. INDEMNIFICATION. You and your distributees shall defend, indemnify
and hold harmless WILDLIFE PHOTO TOUR, its distributors and suppliers,
and all other persons who have been involved in the creation,
production, or delivery of the Software, from any claim, demand,
liability, damage award, suit, judgment, or other legal action
(including reasonable attorney's fees) arising out of your use,
distribution, modification, or duplication of the Software.

9. TERMINATION. The license granted hereunder is effective until
terminated by WILDLIFE PHOTO TOUR. You may terminate it at any time by
destroying the Software. This license will terminate automatically
if you fail to comply with the limitations described above. On
termination, you must destroy all copies of the Software. The
termination of your license will not result in the termination of the
licenses of any distributees who have received rights to the Software
through you so long as they are in compliance with the provisions of
this Agreement.

10. EXPORT CONTROLS. None of the Software or underlying information or
technology may be downloaded or otherwise exported or re-exported
into (or to a national or resident of) any country in violation of
the laws and administrative regulations of the United States
relating to the control of exports of commodities and technical
data. By downloading or using the Software, you are agreeing to
the foregoing and you are representing and warranting that you are
not located in, under the control of, or a national or resident of
any such country.

11. U. S. GOVERNMENT USE. The Software and any accompanying
documentation are deemed to be "commercial computer software" and
"commercial computer software documentation," respectively, pursuant
to DFAR Section 227.7202 and FAR Section 12.212, as applicable.
Any use, modification, reproduction, release, performing, displaying
or disclosing of the Software and accompanying documentation by
the U.S. Government shall be governed solely by the terms of this
Agreement and shall be prohibited except to the extent expressly
permitted by the terms of this Agreement. Contractor/manufacturer is
Wildlife Photo Tour, 9420 E. Golf Links Rd #233, Tucson, AZ 85730

12. MISCELLANEOUS. This Agreement represents the complete agreement
concerning this license between the parties and supersedes all
prior agreements and representations between them. It may not
be amended. If any provision of this Agreement is held to be
unenforceable for any reason, this Agreement shall terminate. This
Agreement shall be governed by and construed under Arizona law as such
law applies to agreements between Arizona residents entered into and
to be performed within Arizona, except as governed by U.S. federal
law. The application of the United Nations Convention on Contracts
for the International Sale of Goods is expressly excluded. Address
all correspondence regarding this license to:

Wildlife Photo Tour
Attn: Legal Department
9420 E. Golf Links Rd #233
Tucson, AZ 85730
520 444-9080
Copyright and Trademark Notices:
--------------------------------
The Software is Copyright (c) Wildlife Photo Tour. All rights
reserved. The documentation and all computer files are also Copyright
(c) Wildlife Photo Tour. All rights reserved. Photographic images are
Copyright (c) Tom Whetten, All rights reserved. These rights include but
are not limited to any foreign language translations of the manual or
the software, and all derivative works of both. The trademark "Wildlife
Photo Tour" is the property of Tom Whetten. All other trademarks are
the property of their respective owners.

Music - Anglo Zulu - Kevin MacLeod (incompetech.com) Licensed under
Creative Commons "Attribution 3.0"
http://creativecommons.org/licenses/by/3.0/