FINALE | Fireworks ("FINALE | Fireworks", "WE" OR "US") INTERNET WEB SITE TERMS OF USE

THE TERMS AND CONDITIONS (THE "TERMS") SET FORTH BELOW GOVERN YOUR USE OF THE FINALE | Fireworks WEBSITE LOCATED AT WWW.FINALEFIREWORK.COM (THE "SITE") AND/OR PURCHASE OF OUR PRODUCTS & SERVICES (THE "PRODUCTS"). THESE TERMS ARE A LEGAL CONTRACT BETWEEN YOU AND FINALE | Fireworks AND GOVERN YOUR ACCESS TO, AND USE OF, THE SITE AS WELL AS ANY RELATED PRODUCTS. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, DO NOT ACCESS OR OTHERWISE USE THIS SITE, PRODUCTS, OR ANY INFORMATION ON OR RELATED TO THIS SITE. YOUR USE OF THIS SITE CONSTITUTES YOUR AGREEMENT TO ABIDE BY EACH OF THE TERMS SET FORTH BELOW. FINALE | Fireworks MAY MAKE CHANGES TO THE CONTENT OFFERED ON THIS SITE, AT ANY TIME WITHOUT NOTICE, AND FINALE | Fireworks CAN CHANGE THESE TERMS AT ANY TIME WITHOUT NOTICE BY POSTING UPDATED TERMS OF USE ON THIS SITE. YOUR CONTINUED USE OF THIS SITE AND/OR PRODUCTS AFTER SUCH CHANGES HAVE BEEN POSTED ACKNOWLEDGES YOUR AGREEMENT TO THE NEW TERMS, EVEN IF YOU HAVE NOT REVIEWED THE CHANGES. THEREFORE, YOU SHOULD CHECK THE TERMS OF USE POSTED ON THIS SITE PERIODICALLY FOR UPDATES AND CHANGES.

YOU MUST BE AGE 13 OR OLDER TO USE THIS SITE AND PRODUCTS; IF YOU ARE UNDER AGE 18 YOU MUST HAVE YOUR PARENT OR LEGAL GUARDIAN'S PERMISSION TO USE THIS SITE AND PRODUCTS, AS WELL AS HAVE THEM READ AND AGREE TO THESE TERMS.

YOU REPRESENT, ACKNOWLEDGE AND AGREE THAT YOU ARE AT LEAST 18 YEARS OF AGE OR THAT YOU ARE THE PARENT OR LEGAL GUARDIAN OF A USER THAT IS AT LEAST 13 YEARS OF AGE, AND YOU AGREE TO THESE TERMS. IF YOU ARE THE PARENT OR LEGAL GUARDIAN OF A USER OF THIS SITE AND/OR PRODUCTS AND YOU HAVE QUESTIONS ABOUT THIS SITE OR THESE TERMS, PLEASE CONTACT US THROUGH THE FINALE | Fireworks SAFETY CONTACT FORM.

Disclaimer of Warranties

Your use of this Site is at your own risk. Neither the Materials, Submissions nor the Third Party Content have been verified or authenticated in whole or in part by FINALE | Fireworks, and they may include inaccuracies or typographical or other errors. FINALE | Fireworks does not warrant the accuracy of timeliness of the Materials, Submissions or the Third Party Content contained on this Site. FINALE | Fireworks has no liability for any errors or omissions in the Materials, Submissions and/or the Third Party Content, whether provided by FINALE | Fireworks or our licensors.

FINALE | Fireworks, FOR ITSELF AND ITS LICENSORS, MAKES NO EXPRESS, IMPLIED OR STATUTORY REPRESENTATIONS, WARRANTIES, OR GUARANTEES IN CONNECTION WITH THIS SITE, ANY MATERIALS, SUBMISSIONS OR THIRD PARTY CONTENT, RELATING TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THIS SITE, INCLUDING WITHOUT LIMITATION THE MATERIALS, THE THIRD PARTY CONTENT AND THE SUBMISSIONS OF OTHER USERS OF THIS SITE. UNLESS OTHERWISE EXPLICITLY STATED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THIS SITE, MATERIALS, THIRD PARTY CONTENT, SUBMISSIONS, AND ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THIS SITE IS PROVIDED TO YOU ON AN "AS IS," "AS AVAILABLE" AND "WHERE-IS" BASIS WITH NO WARRANTIES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS. FINALE | Fireworks DOES NOT PROVIDE ANY WARRANTIES AGAINST VIRUSES, SPYWARE OR MALWARE THAT MAY BE INSTALLED ON YOUR COMPUTER.

Limitation of Liability

FINALE | Fireworks SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES RESULTING FROM YOUR USING, DISPLAYING, COPYING, OR DOWNLOADING ANY MATERIALS, THIRD PARTY CONTENT OR SUBMISSIONS TO OR FROM THIS SITE. IN NO EVENT SHALL FINALE | Fireworks BE LIABLE TO YOU FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) HOWEVER ARISING, EVEN IF FINALE | Fireworks KNOWS THERE IS A POSSIBILITY OF SUCH DAMAGE.

We reserve the right to furnish materially equivalent substitutions for materials which cannot be obtained in sufficient quantities, or to cancel the excess portion of the order. We shall not be in default if delivery is delayed or rendered impossible by forces of nature, war, civil commotion, governmental action, terrorism, fire, storm, flood, explosion, strikes, walkouts, other industrial disturbances, utility, services or transportation interruptions, or any other cause beyond our reasonable control. We may revise or modify products, product information or pricing without notice. We are not responsible for typos, fax or printing errors.

FINALE | Fireworks controls and operates this Site from its headquarters in the United States of America and the Materials, Submissions and/or Third Party Content may not be appropriate or available for use in other locations. If you use this Site outside the United States of America, you are responsible for following applicable local laws.

General Use Restrictions

FINALE | Fireworks provides digital content and services through this Site. Certain information, documents, products and services provided on and through this Site, including content, logos, graphics, sounds and images (together, the "Materials") are provided to you by FINALE | Fireworks and are the copyrighted and/or trademarked work of FINALE | Fireworks or FINALE | Fireworks's contributing partners. Materials do not include Submissions which are items submitted to the catalog by third party developers (as further defined below in the Submissions Section). FINALE | Fireworks may provide you with certain proprietary software ("Software") that FINALE | Fireworks allows you to download from the Site.

FINALE | Fireworks grants you a limited, personal, non-exclusive and non-transferable license to use the Software and to use and display and to make copies incidental to use and display of the Materials and to use this Site and the Software solely for your personal use. Except for the license set forth in the preceding sentence above, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Materials or the Software in any manner. This limited license terminates automatically, without notice to you, if you breach any of these Terms. Upon termination of this limited license, you agree to immediately destroy any downloaded or printed Materials or Software. Except as stated herein, you acknowledge that you have no right, title or interest in or to this Site, any Products, Materials or Software.

If you violate these Terms, FINALE | Fireworks may terminate and/or suspend your access to this Site without notice. FINALE | Fireworks prefers to advise you of your inappropriate behavior and to recommend any necessary corrective action. However, certain violations of these Terms, as determined by FINALE | Fireworks, may result in immediate termination of your access to this Site. FINALE | Fireworks has the right to terminate any password-restricted account for any reason. California law and controlling U.S. federal law, without regard to the choice or conflicts of law provisions, will govern these Terms. Any disputes relating to these Terms or this Site will be heard in the courts located in California. If any of these Terms is found to be inconsistent with applicable law, then such term shall be interpreted to reflect the intentions of the parties, and no other terms will be modified. FINALE | Fireworks's failure to enforce any of these Terms is not a waiver of such term.

The Terms are the entire agreement between you and FINALE | Fireworks and supersede all prior or contemporaneous negotiations, discussions or agreements between you and FINALE | Fireworks about this Site. The proprietary rights, disclaimer of warranties, representations made by you, indemnities, limitations of liability and general provisions shall survive any termination of these Terms.

These Terms and Conditions of Sale will be governed and interpreted pursuant to the laws of the State of California, United States of America, for contracts to be executed and fully performed therein and notwithstanding any principles of conflicts of law. The parties specifically disclaim application of the Convention on Contracts for the International Sale of Goods. You specifically consent to personal jurisdiction in the State of California in connection with any dispute between you and Company arising out of these Terms and Conditions of Sale or pertaining to the subject matter hereof.

The parties to these Terms and Conditions of Sale each agree that the exclusive venue for any dispute between the parties arising out of these Terms and Conditions of Sale or pertaining to the subject matter thereof will be in the state and federal courts in California. You irrevocably waive all rights to bring or participate in any class action suits or claims regarding the matters related hereto. If any part of these Terms and Conditions of Sale is unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. These Terms and Conditions of Sale constitute the entire agreement among the parties relating to this subject matter. To the extent a purchase order, confirmation letter, or other communication is inconsistent with these Terms and Conditions of Sale, these Terms and Conditions of Sale will govern, unless expressly agreed in writing otherwise by an executive officer of Company (i.e., regular employees cannot bind the Company).