Software License Agreement Last Revised: May 31, 2020 this agreement between you and red giant, llc (“red giant”) governs your use of all red giant products

No Maintenance or Support. Red Giant is not required to provide any maintenance or support services with respect to the Licensed Software under this Agreement.

q. General.

(i) This Agreement is the complete agreement and understanding of the parties with respect to the Software and documentation and supersedes all prior oral, written and other representations and agreements concerning such subject matter. This Agreement may only be amended by the express written consent of Red Giant.

(ii) The Licensed Software and Documentation, and all worldwide intellectual property rights therein, are the exclusive property of Red Giant and its licensors. All rights in and to the Licensed Software not expressly granted to you in this Agreement are reserved by Red Giant and its licensors. Nothing in this Agreement will be deemed to grant, by implication, by estoppel, or otherwise, a license under any of Red Giant’s existing or future patents.

(iii) Any translation of this Agreement is done for local requirements and in the event of a dispute between the English and any non-English versions, the English version of this Agreement shall govern, to the extent not prohibited by local law in your jurisdiction.

(iv) If any provision of this Agreement is determined to be invalid or unenforceable that provision shall be deemed severed from the remainder of this Agreement and the remaining provisions of this Agreement shall remain in full force and effect.

(v) You may not assign or transfer, by operation of law or otherwise, any of your rights under this Agreement (including your licenses with respect to the Licensed Software) to any third party without Red Giant’s prior written consent. Any attempted transfer or assignment in violation of the foregoing will be null and void.

(vi) All notices, consents and approvals under this Agreement must be delivered in writing by courier, by electronic facsimile (fax), or by certified or registered mail (postage prepaid and return receipt requested) to the other party.

(vii) You acknowledge that the Licensed Software contains valuable trade secrets and proprietary information of Licensor, that any actual or threatened breach of paragraph b will constitute immediate, irreparable harm to Red Giant for which monetary damages would be an inadequate remedy, and that injunctive relief is an appropriate remedy for such breach. If any legal action is brought to enforce this Agreement, the prevailing party will be entitled to receive its attorneys’ fees, court costs, and other collection expenses, in addition to any other relief it may receive.

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