THIS IS A CONTRACT. BY USING THIS SOFTWARE YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT.

Please read this Agreement carefully. You are asked to accept this agreement and continue to use it or, if you do not wish to accept this Agreement, to decline this agreement, in which case you will not be able to use the Software. Upon your acceptance of this Agreement, Retro Software Designs grants to you a nonexclusive license to use the Software, provided that you agree to the following:

The term "SHAREWARE version"  identifies the complete package containing the Microsoft Windows 95, Intel i386 version of Universal Biorhythms. By complete package we mean: Universal Biorhythms executable file, associated help file, readme file and registration form files. For a complete list of these files, and their filenames, refer to the Package Contents help topic. The term "SHAREWARE copy" identifies an instance of the SHAREWARE version. The term "REGISTERED version" identifies a SHAREWARE version of Universal Biorhythms, together with registered user information having been entered. The term "REGISTERED copy" identifies an instance of the REGISTERED version.

1. SHAREWARE copies may be freely distributed by individual users for trial and leisure utilization

2. SHAREWARE copies may be uploaded to Bulletin Board Systems, FTP sites, Usenet newsgroups and any network sites providing its users with access to download it for trial and leisure purposes. Bulletin Board Systems should restrict downloading charges for the SHAREWARE version to flat rate connection fees

3. SHAREWARE copies may be distributed as a component of the SimTel software collection, in CD-ROM disks published by Coast to Coast Telecommunications, and by vendors licensed and approved by Coast to Coast Telecommunications 

4. SHAREWARE copies may NOT be distributed in CD-ROM disks, diskettes or any other media, without express authorization of the author, the single exception being case (3) above. Autorization for distribution may be obtained in the form of a specific, signed, "Non-exclusive Distribution License Agreement"

5. SHAREWARE copies may NOT be distributed with any software package, or be systematically  recommended to users of any software system or service, without express authorization of the author. Autorization for distribution may be obtained in the form of a specific, signed, "Non-exclusive Distribution License Agreement"

6. REGISTERED copies may only be distributed by Retro Software Designs, or by distributors who have obtained a specific, signed, "Non-exclusive Distribution License Agreement"

Non-exclusive Distribution License Agreement

A Non-exclusive Distribution License Agreement must be signed by an authorized licenser of Universal Biorhythms BEFORE:

1. Including Universal Biorhythms on a software product package
2. Distributing or explicit recommending Universal Biorhythms usage to clients and/or users of a software package or service
3. Including Universal Biorhythms on CD-ROMs, diskettes, or any other media
4. Performing any other form of distribution of Universal Biorhythms

There is no standard Non-exclusive Distribution License Agreement form. Specific rules are to be defined case by case between licenser and interested parties. Agreements may, at discretion of licenser, include customization of program interface and/or execution, partial or total disclosure of source code, maintenance and/or upgrade clauses.

COPYRIGHT AND TRADEMARK RIGHTS

The Software is owned by Retro Software Designs, and its structure, organization and code are the valuable trade secrets of Retro Software Designs and its suppliers. The Software also is protected by United States Copyright Law and International Treaty provisions. You may use trademarks only insofar as required to comply with Section 1 of this Agreement.

RESTRICTIONS

You agree not to modify, adapt, translate, reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Software. You may not alter or modify in any way the installer program or create a new installer for the Software. The Software is licensed and distributed by Retro Software Designs for previewing, distributing and registering.

NO WARRANTY

The Software is being delivered to you AS IS and Retro Software Designs makes no warranty as to its use or performance. RETRO SOFTWARE DESIGNS AND ITS SUPPLIERS DO NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE OR DOCUMENTATION. RETRO SOFTWARE DESIGNS AND ITS SUPPLIERS MAKE NO WARRANTIES, EXPRESS OR IMPLIED, AS TO NONINFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE. IN NO EVENT WILL RETRO SOFTWARE DESIGNS OR ITS SUPPLIERS BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, INCLUDING ANY LOST PROFITS OR LOST SAVINGS, EVEN IF AN RETRO SOFTWARE DESIGNS REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY. Some states or jurisdictions do not allow the exclusion or limitation of incidental, consequential or special damages, or the exclusion of implied warranties or limitations on how long an implied warranty may last, so the above limitations may not apply to you.

GOVERNING LAW AND GENERAL PROVISIONS

This Agreement will be governed by the laws of the State of Colorado, U.S.A., excluding the application of its conflicts of law rules. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. If any part of this Agreement is found void and unenforceable, it will not affect the validity of the balance of the Agreement, which shall remain valid and enforceable according to its terms. You agree that the Software will not be shipped, transferred or exported into any country or used in any manner prohibited by the United States Export Administration Act or any other export laws, restrictions or regulations. This Agreement shall automatically terminate upon failure by you to comply with its terms. This Agreement may only be modified in writing signed by an authorized officer of Retro Software Designs.