PORT SCANNER SHAREWARE AGREEMENT SHAREWARE. Port Scanner is distributed by Blue Globe Software as shareware. DISTRIBUTION. Port Scanner is freely distributable with the following restrictions: 1) All files, documents, and executables that came with the original Port Scanner package must be distributed together. 2) You may upload Port Scanner onto the Internet or any bulletin board system, so long as the only charges for downloading Port Scanner are that system's normal connect time charges. 3) You may include Port Scanner on any shareware compilations, books, or CD-ROMs so long as those items clearly indicate that the purchase price of that item does not include the cost of registering Port Scanner. 4) Only the evaluation version of Port Scanner may be distributed. Registered copies of Port Scanner are subject to the restrictions as outlined in the GRANT section of this agreement. Aside from these few restrictions, please feel free to give an evaluation copy of Port Scanner to anyone you wish. GRANT. Blue Globe Software ("Blue Globe") hereby grants you a non-exclusive license to use its accompanying software product ("Software"), free of charge for 30 days from the time you first acquire it. This period is intended as a means for you to evaluate the Software and determine if you wish to continue its use. If, after this period, you intend to continue using the Software you must acquire a shareware license for the Software from Blue Globe. Shareware licenses are available to students of registered education institutions for $10 (US). Licenses to all other users are $30 (US). In addition, site-licensing is available (see the accompanying registration form). A shareware license permits you to: use the Software on a single computer; copy the Software onto a second computer so long as the first and second computers are not used simultaneously; copy the Software for archival purposes, provided that all the original help files and documents are contained with the original. Title, ownership rights, and intellectual property rights in and the Software shall remain in Blue Globe. The Software is protected by the copyright laws of Canada and international copyright treaties. OBTAINING A SHAREWARE LICENSE: 1) Print out and fill in the registration form (register.doc) that came with your copy of Port Scanner, or write down the following information (please print neatly) on a sheet of paper: Name, Company, Street Address, City, Province/State, Postal/Zip Code, Country, Email Address, Phone number (optional), Type of registration (student or standard), and the payment amount you have enclosed. 2) Mail the registration information from step 1, along with your payment in US funds (sorry, no credit cards are accepted), to: Blue Globe Software PO Box 8171 Victoria, BC CANADA V8W 3R8 3) Within seven days of your registration being received, you will be sent a serial number that, when combined with your full name, will allow you to disable the shareware messages that appear when Port Scanner starts and quits. DISCLAIMER OF WARRANTY. The Software is provided on an "AS IS" basis, without warranty of any kind, including without limitation the warranties of merchantability, fitness for a particular purpose and non-infringement. The entire risk as to the quality and performance of the Software is borne by you. Should the Software prove defective, you and not Blue Globe assume the entire cost of any service and repair. This disclaimer of warranty constitutes an essential part of the shareware license. SOME STATES DO NOT ALLOW EXCLUSIONS OF AN IMPLIED WARRANTY, SO THIS DISCLAIMER MAY NOT APPLY TO YOU AND YOU MAY HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE OR BY JURISDICTION. LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL BLUE GLOBE OR ITS SUPPLIERS OR RESELLERS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES. IN NO EVENT WILL BLUE GLOBE BE LIABLE FOR ANY DAMAGES IN EXCESS OF BLUE GLOBE'S LIST PRICE FOR A LICENSE TO THE SOFTWARE, EVEN IF BLUE GLOBE SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION. FURTHERMORE, SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU. TERMINATION. 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.