GEM users guide Adobe Photoshop

PN 105920-001 RevA


Contents
1

WELCOME TO DIGITAL GEM

1

2

INSTALLATION

1

System Requirements

1

Installation from CD

1

Installation from the Internet

2

Purchasing Digital GEM

4

Registering Digital GEM

4

Starting Digital GEM

4

3

6

DIGITAL GEM PLUG-IN OPERATIONS

Digital GEM Plug-In Window

6

4

TROUBLESHOOTING

9

5

TECHNICAL SUPPORT

11

6

SOFTWARE LICENSE AGREEMENT

12

© 2002 Applied Science Fiction, Inc. All rights reserved. Applied Science Fiction, ASF, and
Digital GEM are all pending or registered trademarks of Applied Science Fiction, Inc. All other
marks are the property of their respective owners.

ii

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1

WELCOME TO DIGITAL GEM

The Digital GEM plug- in is software that automatically reduces noise in digital image files so
that the overall image is more visually pleasing.
The Digital GEM plug- in works with digital image files from any source, including film
scanners, flatbed scanners, digital cameras, CDs and the Internet. It is compatible with Adobe®
Photoshop® and other Photoshop plug- in compatible programs and supports both Windows®
and Macintosh® platforms. It is available as an Internet download and on a CD.

2

INSTALLATION

System Requirements
The Digital GEM plug- in is compatible with Adobe Photoshop (may also work with other
Photoshop plug- in compatible applications) and runs on both Windows and Macintosh.
Recommendations for Windows Version
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Pentiumđ II or better with 128 MB of RAM (for typical sized images; very large images
will require more memory)
Windows 98 SE, NT 4.0 (Service Pack 6a), 2000, ME, XP Home, XP Professional
Adobe Photoshop 5.0, 5.5, 6.0, or 7.0; Adobe Photoshop Elements 1.0 or 2.0; Adobe
Photoshop LE 5.0; Adobe PhotoDeluxe® Home Edition 4.0; Jasc® Paint Shop Pro® 7
Minimum display resolution: 800 x 600 pixels (Note: Use only the Small Fonts display
font size at 800 x 600 resolution.)

Recommendations for Macintosh Version
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PowerMACđ G3 or better with 128 MB of RAM (for typical sized images; very large
images will require more memory)
Macintosh OS 8.6, OS 9.x, OS X
Adobe Photoshop 5.0, 5.5, 6.0, or 7.0; Adobe Photoshop LE 5.0; Adobe Photoshop
Elements 1.0 or 2.0; Adobe PhotoDeluxe 2.0
Minimum display resolution: 800 x 600 pixels

Installation from CD
Before installing the Digital GEM plug- in, close all other applications.
Windows
Load your Applied Science Fiction plug- ins CD into your CD-ROM drive. The installer will
load automatically and will guide you through the installation process.

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If the installer does not load automatically, click on Start and then select Run. Enter
D:\WIN\setup.exe into the Run dialog box (where D: is the drive letter of your CD ROM). Click
on “OK” to start the installation.
Macintosh
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•
•
•

Load your Applied Science Fiction plug- ins CD into your CD-ROM drive. The ASF CD
icon will appear on your Macintosh desktop.
Double click on the ASF CD icon.
Double click on the MAC icon.
Double click on the icon for the Digital GEM plug- in installer. The installer will guide
you through the installation process.

NOTE: The default lo cation for the ASF Plug- in Software is in the Applications folder. If
you choose the default location for the plug- in, you will need to drag the plug- in from your

Applications folder into the Plug- ins folder of your host application, such as Photoshop.

Installation from the Internet
Everyone starts with the Trial software. If you like the ASF Plug- in Software and want full
functionality (i.e., no watermark on future images), pay for the software and ASF will email you
a registration code that allows you to convert the Trial software into the full plug- in product.
Before installing the Digital GEM plug- in, close all other applications.

Installing the Digital GEM Plug-in
•
•
•

2

Go to the Applied Science Fiction Downloads Web page
www.asf.com/download/register.shtml.
Enter the information into the required fields and click on “Submit.” The Downloads
screen appears.
Choose the platform on which you want to run the Digital GEM plug- in, as explained
below.

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Windows Platform
If you want to use the Digital GEM plug- in on Windows, complete the following steps:
• Click on the ASF plug- in “Windows” entry that matches your operating system (98
SE/ME, NT4 SP6a/2000, XP).
The Security window opens.

• Click on “Yes” to accept the security verification. The installer then starts the
installation.
• When “Welcome to the InstallShield Wizard …” appears, click on “Next.” The license
agreement appears next.
• Review the license agreement and click on the “I accept …” entry to accept the terms of
the license agreement. Clicking on “I do not accept …” exits the installation program.
The Custom Setup screen then appears.
• Verify that the plug- ins will be installed in the folder for the host application that you
want to use. If necessary, select an alternative location where you want to install the ASF
plug- in software.
• Click on “Next.”
• Click on “Finished” after the installation is complete. You may need to restart your PC.
Macintosh Platform
If you want to use the Digital GEM plug- in on a Macintosh, complete these steps:
• Double click on either the Digital GEM “Macintosh (hqx)” or “Macintosh (bin)” entry.
The .bin file downloads faster but is less compatible with older systems. The .hqx file
takes longer to download but is more compatible with older systems. Double click on the
.hqx file to uncompress the installer and then double click on the installer.
The installer will then create a file named “ASF Digital GEM x.x Installer” on your
Desktop (where x.x represents the current version number).
• Double click on “ASF Digital GEM x.x Installer.” An orange Digital GEM plug- in
screen appears.
• Click on “Continue.” The license agreement opens next.
• Review the license agreement and click on the “I accept …” entry to accept the terms of
the license agreement. Clicking on “I do not accept …” exits the installation program.
• Select a folder where you want to install the Digital GEM plug- in, and click on
“Choose.” You may want to install it in the plug- ins folders for any host applications on
which you want to run it. Or you may want to install it in a downloads folder.
• Once the installation is successful, click on “Continue” to install the plug- in in other
locations, or “Quit” to exit installation.

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Purchasing Digital GEM
Click on the Buy and Register button in your Digital GEM plug- in window and then click on the
Purchase Online button. Alternatively, you can launch your Web browser and go to the ASF
Web site store at www.asf.com/store, which will bring up the ASF storefront page with
instructions.
After buying the Digital GEM plug- in, you will receive a purchase confirmation email that
contains the information you will need to register your ASF Plug- in Software.

Registering Digital GEM
Make sure you have handy your purchase confirmation email which contains your registration
information. Start your host application, and open an image file. Select Digital GEM from the
Applied Science Fiction option under the Filter/Effects pull down menu. The Digital GEM plugin window will open. Click on the “Buy and Register” button. A Registration window will
open. Be sure to enter your Registered name, Registered email address, and Registration code
exactly as they appear in your purchase confirmation email. Click on “OK” and a Thank You
window opens. Click on the Thank You window “OK” and both the Registration and Thank You
windows will close. You have completed your registration.

Starting Digital GEM
After loading your copy of the Digital GEM plug- in, you will need to start your host application,
open an image, and start Digital GEM. Two examples with different host applications are listed
below. For more information on using plug- ins, please refer to the documentation that came
with your host application.
Adobe Photoshop and Adobe Photoshop Elements
•

•

Select the File menu.

•

Select the Open entry.

•

Select the image file you want to change.

•

Click on Open.

•

Click on the Filter menu.

•

Select Applied Science Fiction.

•

4

Start your host application (Photoshop or Photoshop Elements).

Select Digital GEM.

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Adobe PhotoDeluxe
•

Start PhotoDeluxe.

•

Select the File menu.

•

Select Open File.

•

Select the image file you want to change.

•

Click on Open.

•

On Windows, click on the Advanced Menus button on the lower left side of the screen.

•

Or, on a Macintosh, click on the Advanced button on the upper left side of the screen.

•

On the main toolbar at the top of the menu, click on the Effects button.

•

Select Applied Science Fiction.

•

Select Digital GEM.

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3

DIGITAL GEM PLUG-IN OPERATIONS

The Digital GEM plug- in window offers a few simple controls for operating its features. These
are easily accessible in the Digital GEM window, as shown below in Figure 1.
NOTE: The Trial version places a watermark in processed images. Watermarks in saved
images can never be removed. To convert the Trial version into the non-watermarking version,
buy a Registration Code and register your plug- in.

Digital GEM Plug-In Window

Figure 1. Digital GEM Window
Check for Update Button
The Check for Update Button will launch your default browser and open the ASF Update site so
you can check whether you have the latest version of the plug- in software. If you do not have
the latest version, this site can facilitate acquiring the latest version if you should choose to do
so.

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Buy and Register Button
In the trial version of the Digital GEM plug- in, each processed image is watermarked with
“Applied Science Fiction™.” To prevent the watermark from appearing on future images, you
need to purchase and register the Digital GEM plug- in. Until you register your plug- in, a “Buy
and Register” button will appear in the top left corner of the Digital GEM window. If your
computer is currently connected to the Internet, clicking on “Buy Online” launches a default
browser window that will bring up the ASF store (www.asf.com/store). The plug- in window
will remain open. Follow the on- line instructions to complete your purchase. If your computer
is not currently connected to the Internet, the browser will display a "Page not found" error
message. Connect to the Internet and then click on “Buy and Register.”
After purchasing, you will be emailed registration information that you will use to register your
plug- in. To register, click on the "Register" button to open the Registration window. Complete
the entry areas using the Registered name, Registered email address, and Registratio n code
exactly as they appear in the email. The easiest way to enter your registration information is to
copy and paste it from the email, making sure there are no blank spaces before or after the code.

Once you complete registration, the "Register" button will disappear.
Preview Window
The Preview window shows you the portion of your image you have selected in the Navigation
window. You use the Before and After buttons to determine whether the Preview window
displays the image as it appears before or after applying Digital GEM. If you change the settings
of the Controls, the preview window will reprocess the image accordingly.
Before/After Buttons
The Before and After buttons determine what will be displayed in the Preview window.
Selecting the Before button shows how a specified area of your image looks before Digital GEM
processes it, so that you have a constant to compare your changes against. It presents the area of
your image enclosed in the red box in the Navigation window. Selecting the After button shows
the same area after Digital GEM processes it.
Navigation Window
The red box in the Navigation window outlines the area that appears in the Preview window for
your review. This allows you to focus on a specific area within the image to see the overall
effect of Digital GEM. You can shrink or enlarge the box with the Zoom buttons. To review a
different area, click on that area and the red box will outline it. Or click and hold on the box and
drag it to the new area.
Zoom Buttons
The Zoom buttons let you change the size of the area displayed in the Preview window. The red
box in the Navigation window outlines the area that appears in the Preview window for your
review. To zoom in on a smaller area, click on the “+” button. To zoom out, click on the “–”

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button. The zoom buttons do not restrict where Digital GEM will be applied in the image.
Digital GEM is applied to the entire image.

Controls
The Controls regulate amount of noise reduction and clarity applied to the processed image. To
change from the default setting, adjust the effect controls by clicking on a slider bar with your
mouse pointer, holding the left mouse button down, and sliding the bar left or right.
If you are using Windows, you can move the sliders in one- increment steps using the left and
right arrow keys on your keyboard once you have selected it by clicking on it or using the tab
key. You can also use the home and end keys to move the slider to the minimum and maximum
values.
The Highlight Noise Reduction slider controls noise reduction in the lighter areas of the image.
Moving the slider to the right increases the degree of noise reduction. The Highlight Noise
Reduction slider goes from 0 (unmodified original image) to 100 (maximum image adjustment),
with 50 being the default setting. Experiment to find the right balance your image. The exact
level of Highlight Noise Reduction is displayed in the Highlight Noise Reduction Edit Box to the
right of the slider.
The Shadow Noise Reduction slider controls noise reduc tion in the darker areas of the image.
Moving the slider to the right increases the degree of noise reduction. The Shadow Noise
Reduction slider goes from 0 (unmodified original image) to 100 (maximum image adjustment),
with 50 being the default setting. Experiment to find the right balance your image. The exact
level of Shadow Noise Reduction is displayed in the Shadow Noise Reduction Edit Box to the
right of the slider.
Moving the Clarity slider bar to the right will sharpen the image details in conjunction with the
effects of the noise reduction settings. Moving the Clarity slider bar to the left will soften the
image details in conjunction with the effects of the noise reduction settings.
In all, you have a very simple set of controls that let you regulate the noise reduction and clarity
you want to achieve with Digital GEM. Any settings you change are automatically shown in the
Preview when the After button is selected.
OK Button
Click on “OK” to apply the current Digital GEM processing results to your image. Remember
that to save your image, you will need to use the Save command in your host application.
Default Button

The Default Button sets the ASF plug- in slider controls back to the default values.

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Cancel Button
To exit Digital GEM without processing your image and end your Digital GEM session, click on
“Cancel.”
Help Button
Clicking on “Help” brings up an index of useful topics about how to use the Digital GEM plugin. Click on the topic you need. If you cannot find the information you need, click on the
“Technical Support” entry in the help index for how to obtain further information. The Help
window also has an About entry that you can click on to see the version and date of your copy of
the Digital GEM plug- in.
About Plug-In Window
Some image editing applications provide an About Plug-In feature under the application’s Help
menu. The About Plug-In window for Digital GEM shows the version and date of your plug- in
software. It also has Buy Online and Register buttons, for quick access to those processes.

4

TROUBLESHOOTING

The plug-in is not working, I get an error message
The problem could be your monitor display resolution. Check that your display resolution is set
for at least 800 x 600 and for small fonts. The ASF Plug- in Software may not function properly
when using 800 x 600 resolution and large fonts.
I get the error message "Could not complete the Digital GEM command because
there is not enough memory (RAM)."

Try to increase the RAM or swap space available to your host application. You can modify these
settings in Photoshop, for example, under Edit-Preferences-Plug-ins & Scratch Disks, and EditPreferences-Memory & Image Cache. You can also try reducing the size of your image by
reducing its dimensions or resolution prior to running the Digital GEM plug- in.
The Digital GEM plug-in appears on the menu, but it is grayed out and I am unable
to select it.
The Digital GEM plug- in will be enabled when you open an image that it can process. If you
open an image and the plug- in is still grayed out, make sure that the image is 8 bits per pixel and
in RGB mode. Your host application should have a way to change the image from other modes
to RGB and from other bits to 8 bits.

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How do I register GEM after I have bought it?
After you purchased the GEM plug- in, you received a purchase confirmation email. You will
need the information in that email to complete your registration. You also should have installed
the GEM plug- in for use with your image editing application.
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•
•
•
•
•
•
•
•
•
•

•

Open your host image editing application (e.g., Photoshop).
Open an image file.
If you are using PhotoDeluxe, make sure Advanced Menus is active.
Click on Filter/Effects.
Click on Applied Science Fiction and select the GEM plug- in.
The ASF Digital GEM window will open.
Click on the Buy and Register button in the upper left of the window.
The Enter Registration Information window will open.
Enter the registration information from your purchase confirmation email into the
appropriate areas. Make sure you copy them exactly and do not introduce any extra
characters or spaces.
Click OK after you have entered all the correct information. A Thank you for registering
window will open.
Click OK in the Thank you window. The Thank you window and the Enter Registration
Information window will close.
Your Digital GEM plug- in registration is complete.

I entered the registration information in the Registration window, but I get an
error message about invalid registration information.
Make sure that all fields are filled in. All fields are necessary to complete the registration. Also,
the fields are case sensitive; make sure that you are typing the characters exactly as you have
been told them. Make sure that you do not leave a blank space after any letter, which might
happen if you are cutting and pasting in information.
Another problem could be that you are using registration information for the wrong product.
Confirm that you are using the right registration information for the product.
I installed the Digital GEM plug-in, but nothing is happening.
You need to start your host application, open an image, select Applied Science Fiction from the
Filter/Effects menu, and then select Digital GEM. Note that if you have just installed your host

application for the first time, you must launch it once and then reboot your computer prior to
installing Digital GEM.
I installed the Digital GEM plug-in but do not see it listed under the filters for my
host application.
You need to select Applied Science Fiction from the Filter/Effects menu, and then select Digital
GEM. If Applied Science Fiction does not appear on your Filter/Effects menu, you may have

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installed Digital GEM in the wrong folder for use with your host application. Consult the
documentation that came with your host application to determine where the plug- in should be
located.
The installer did not list my imaging application when installing.
The Digital GEM plug- in only officially supports the following applications:
•
•
•
•
•

Adobe Photoshop 5.0, 5.5, 6.0, or 7.0 (may also work with other Photoshop plug- in
compatible applications)
Adobe Photoshop Elements 1.0 or 2.0
Adobe Photoshop LE 5.0
Adobe PhotoDeluxe Home Edition 4.0 (Windows only)
Jasc Paint Shop Pro 7.0 (Windows only)

For all other Adobe Photoshop compatible plug- in applications, you must tell the installer the
folder in which to place the Digital GEM plug- in files.
After I run Digital GEM, my image has "Applied Science Fiction" text written over
it.
You are running a trial version of the Digital GEM plug- in. If you have already purchased the
full version, you need to click on the "Register" button in the Digital GEM window and enter
your information to complete registration.
I once had the fully registered version of the Digital GEM plug-in, but somehow
now I have reverted back to the trial version with watermarks.
Your registration code file may be lost or corrupted. Press the “Register” button and re-enter
your registration information.

5

TECHNICAL SUPPORT

ASF on- line technical support service is staffed Monday - Friday, 8:00am - 5:00pm CST (GMT 06:00), except U.S. holidays. Our support web site also provides FAQs on each of our plug- ins.
If you do not find the solution to your problem there, please submit a Help Request to our
support group. All ASF Plug- in Help Requests will be answered in a timely manner.
Summary of Technical Contact Information
Help Request

www.asf.com/support/plugins/HelpReq.shtml

Website

www.asf.com

FAQs

www.asf.com/support/plugins/pluginsupport.shtml

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6

SOFTWARE LICENSE AGREEMENT
IMPORTANT – READ CAREFULLY

THIS ASF END-USER LICENSE AGREEMENT (THE “AGREEMENT”) DETAILS THE TERMS AND
CONDITIONS OF YOUR USE OF THE SOFTWARE PRODUCT. PRIOR TO DOWNLOADING, INSTALLING
OR USING THE SOFTWARE PRODUCT, YOU SHOULD CAREFULLY REVIEW THIS AGREEMENT.
REDISTRIBUTION OR RENTAL OF THE SOFTWARE PRODUCT IS NOT PERMITTED.
BY CLICKING THE ACCEPTANCE BUTTON OR INSTALLING OR USING THE SOFTWARE PRODUCT,
THE INDIVIDUAL OR ENTITY LICENSING THE SOFTWARE PRODUCT ("CUSTOM ER") IS
VOLUNTARILY AND EXPRESSLY CONSENTING TO ENTER INTO THIS LEGAL AGREEMENT WITH
ASF FOR LICENSING OF THE SOFTWARE PRODUCT. THE CUSTOMER MAY NOT PURCHASE,
INSTALL, OR USE THE SOFTWARE PRODUCT UNLESS LICENSEE ACCEPTS ALL THE TERMS OF THIS
AGREEMENT.
1.

D EFINITIONS

“Acceptance” means that the Customer has accepted the terms of this Agreement
“ASF” means Applied Science Fiction, Inc., a Delaware corporation having a place of business at 8920 Business
Park Drive, Austin, Texas 78759 USA.
“Customer” means you, the individual or entity purchasing, downloading, installing, or using the Software Product.

“Registration Code” means a software password unique to the Customer that enables the complete operation of the
Software Product.
“Software Product” means the respective object code associated with ASF’s proprietary software for image
correction and enhancement as downloaded, installed or used by the Customer. Software Product expressly includes
the fully operational software having the Registration Code, as well as any trial versions or other software having
limited operability.

2.

DOWNLOAD

2.1
Customer Information. Customer agrees to provide accurate Customer information during the
downloading/registration process.
2.2
Payment. Customer agrees to pay ASF or its designee the purchase price for the Registration
Code. Customer understands and agrees that the purchase price is a license fee and that ASF maintains ownership
of the Software Product and Customer does not obtain any ownership rights in the Software Product
2.3
Failed Installation. ASF recognizes that Customer may fail to properly install the Software
Product. After payment of the purchase price for the Registration Code, ASF shall reasonably allow the Customer
to repeat the installation process until such time that the Software Product is successfully installed and enabled. In
the event that the Software Product cannot be successfully installed or enabled, ASF shall have the right to provide
the Customer with an electronic copy of the Software Product via other means or to refund the purchase price to the
Customer.

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3.

LICENSE AND USE

3.1
Intellectual Property Rights. All right, title and interest in and to the Software Product, including
but not limited to any and all copyrights, trade marks, images, photographs, animations, video, audio, music, text,
and "applets", incorporated into the Software Product, the accompanying printed materials, and any copies of the
Software Product are owned by ASF. The Software Product is protected by copyright laws and treaties, as well as
trademark laws and treaties, patent laws and treaties, and other intellectual property laws and treaties.
3.2
License Grant. ASF HEREBY GRANTS TO CUSTOMER A PERSONAL, NON-EXCLUSIVE,
AND LIMITED LICENSE TO USE THE SOFTWARE PRODUCT SOLELY FOR USE BY THE CUSTOMER IN
ACCORDANCE WITH THE TERMS AND CONDITIONS OF THIS AGREEMENT. CUSTOMER DOES NOT
HAVE THE RIGHT TO GRANT SUBLICENSES IN THE SOFTWARE PRODUCT OR OTHERWISE
DISTRIBUTE THE SOFTWARE PRODUCT.
3.3
Installation and Use. Customer may install and use the Software Product on no more than one
computer at a time. Customer shall limit access to the Software Product to a single user at any one time. Customer
is expressly prohibited from using the Software Product in a multi-user environment, server-based system or any
other multi-user application. Customer is granted the right to make one (1) copy of the Software Product for
archival purposes.
3.4
Limitations and Assignment. Customer shall not reverse engineer, decompile, or disassemble the
Software Product, nor allow a third party to reverse engineer, decompile, disassemble or create derivative works of
the Software Product, except and only to the extent that such activity is expressly permitted by applicable law
notwithstanding this limitation. ASF shall own any developments or derivative works that incorporate or use the
Software Product or any portion thereof, and Customer hereby assigns and agrees to assign all right, title and interest
in and to any such developments or derivative works of the Software Product.

3.5
Separation of Components. The Software Product is licensed as a single product. Its component
parts may not be separated for use on more than one computer.
3.6
Use of Customer Information. ASF may use, and Customer hereby grants ASF the right to use,
Customer’s name and information in any customer reference list, press release issued by ASF regarding the
licensing of the Software Product, billing purposes, advertising, notification of Customer of other products, services,
and upgrades, or other such use as determined by ASF. ASF agrees not sell any Customer information to third party
bulk advertising companies.
4.

WARRANTY

4.1
No Warranties. THE SERVICES, PRODUCTS, AND ANY RELATED DOCUMENTATION,
PROVIDED BY ASF IS PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND TO CUSTOMER OR
ANY THIRD PARTY, INCLUDING, BUT NOT LIMITED TO, ANY EXPRESS OR IMPLIED WARRANTIES
OF MERCHANTABILITY OF THE SOFTWARE PRODUCT OR DOCUMENTATION, FITNESS FOR A
CUSTOMER’S PURPOSE OR SYSTEM INTEGRATION, INFORMATIONAL CONTENT OR ACCURACY,
NON-INFRINGEMENT, QUIT ENJOYMENT, AND TITLE. CUSTOMER AGREES THAT ANY EFFORTS BY
ASF TO MODIFY ITS SERVICES, PRODUCTS, OR RELATED DOCUMENTATION, SHALL NOT BE
DEEMED A WAIVER OF THESE LIMITATIONS, AND THAT ANY ASF WARRANTIES SHALL NOT BE
DEEMED TO HAVE FAILED OF THEIR ESSENTIAL PURPOSE.
4.2
Limitation of Liability. CUSTOMER AGREES THAT ASF SHALL NOT BE LIABLE TO
CUSTOMER 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 ASF WAS ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES OR WAS NEGLIGENT OR GROSSLY NEGLIGENT. The entire risk
arising out of use or performance of the Software Product remains with the Customer. If a particular state or

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jurisdiction does not allow such exclusion or limitation of liability, and, as such, some portion of the above
limitation may not apply to Customer, ASF’s total liability is limited to the greatest extent permitted by law.
5.

GENERAL TERMS

5.1
Term. This Agreement is effective until terminated by ASF. Customer may terminate this
Agreement by permanently deleting and destroying the Software Product, any back-up or archival copies, and any
related documentation.
5.2
Termination. Without prejudice to any other rights, ASF may terminate this Agreement and all
rights for Customer to use the Software Product, if the Customer fails to comply with the terms and conditions of
this Agreement. In such event, the Customer must destroy all copies of the Software Product and all of its
component parts.
5.3
Software Transfer. Customer may transfer their entire rights in the Software Product to another
person or entity so long as such person or entity agrees to all the terms of this Agreement and Customer does not
retain any copies of the Software Product. Customer may not lease or rent the Software Product.
5.4
Export Control. Customer agrees to comply with all export laws and restrictions and regulations
of the United States or foreign agencies or authorities, and not to export or re-export the Software Product or any
direct product thereof in violation of any such restrictions, laws or regulations, or without all necessary approvals.
As applicable, each party shall obtain and bear all expenses relating to any necessary licenses

and/or exemptions with respect to its own export of the Software Product from the United States. Neither the
Software Product nor the underlying information or technology may be downloaded or otherwise exported or reexported (i) into Cuba, Iran, Iraq, Libya, North Korea, Sudan, Syria or any other country subject to United States
trade sanctions covering the Software Product, to individuals or entities controlled by such countries, or to nationals
or residents of such countries other than nationals who are lawfully admitted permanent residents of countries not
subject to such sanctions; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals
and Blocked Persons or the U.S. Commerce Department’s Table of Denial Orders. By downloading or using the
Software Product, Customer expressly agrees to the foregoing and represents and warrants that it complies with
these conditions.
5.5
Choice of Law. This Agreement shall be exclusively governed by and construed in accordance
with the laws of the State of Texas, USA, without regard to the choice of law provisions of this or any other
jurisdiction. Any suit hereunder will be brought solely in the federal or state courts in Texas, USA, and Customer
hereby submits to the personal jurisdiction thereof. The 1980 United Nations Convention on Contracts for the
International Sale of Goods shall not be applicable to the Development Agreements. If Texas law is not held to
apply to this Agreement for any reason, then in jurisdictions where warranties, guarantees, representations, and/or
conditions of any type not provided hereunder may not be disclaimed, any such warranty, guarantee, representation
and/or warranty is: (1) hereby limited to the period of either (a) thirty (30) days from the date of delivery; or (b) the
shortest period allowed by law in the applicable jurisdiction if a thirty (30) day limitation would be unenforceable.
If this product was acquired outside the United States, then local laws may apply.
5.6
Indemnity and Disputes . ASF shall not undertake to resolve any disputes or litigation on
Customer’s behalf involving the use of the Software Product, and Customer agrees to indemnify, hold ASF
harmless, and defend ASF against any disputes involving the use of the Software Product. If any dispute arises
under this Agreement, the prevailing party shall be reimbursed by the other party for any and all legal fees and costs
associated therewith.
5.7
Severability. If, for any reason, any provision of this Agreement is held invalid, such invalidity
shall not affect the remainder of this Agreement, and this Agreement shall continue in force and effect to the full
extent allowed by law.

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PN 105920-001 Rev A


5.8.
Language. No translation of this Agreement into any language other than English shall be of any
effect in the interpretation of the Agreement.
5.9
Force Majeure. Neither party shall be in default or be liable for any delay, failure in performance
(excepting the obligation to pay) or interruption of service resulting directly or indirectly from any cause beyond its
reasonable control.
5.10
Independent Contractors . The parties are independent contractors. There is no relationship of
partnership, joint venture, employment, franchise, or agency between the parties. Neither party will have the power
to bind the other or incur obligations on the other's behalf without the other parties’ prior written consent. Nothing
herein is intended to, or shall be construed to, confer upon any person not a signatory party hereto any rights or
benefits hereunder.
5.11
Contact. Should you have any questions concerning this Agreement, or if you desire to contact
ASF for any reason, please write to: Applied Science Fiction, Inc., Software Sales Department, 8920 Business Park
Drive, Austin, Texas 78759 USA.
5.12
Entire Agreement. This Agreement supersedes any and all other agreements, either oral or in
writing, between the parties with respect to the matters stated herein, and this Agreement contains all of the
covenants and agreements between the parties with respect thereto. This Agreement may be amended or modified
only in writing, and shall only be effective after affixation of both parties’ signatures.
5.13
Consent. The parties knowingly and express consent to the foregoing terms and conditions and
each party is authorized to enter into this Agreement on behalf of its respective party.

IF YOU (CUSTOMER) DO NOT AGREE WITH ALL THE AFOREMENTIONED TERMS AND CONDITIONS,
DO NOT COPY, INSTALL, OR USE THE SOFTWARE PRODUCT AND DESTROY ALL COPIES OF THE
PRODUCT AND ANY ASSOCIATED DOCUMENTATION.

PN 105920-001 Rev A

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