IMPORTANT NOTE: The SHEPHERD Beta Test Period is officially over. If you were a beta tester, or if you are installing the Software for the first time, you must agree to the following SHEPHERD Software License Agreement.

If you do not agree to this Agreement, you are not an authorized user of the software, and it is your responsibility to remove the SHEPHERD software from your system.

***** THE SHEPHERD SOFTWARE LICENSE AGREEMENT *****

1. GRANT AND TERM OF LICENSE. Subject to your compliance with the terms of this Agreement, Rapid Technologies, Inc. ("RapidTech") grants to you a personal, nonexclusive, nontransferable and royalty-free right to install and use the Software solely for your lawful personal use. The Software may be installed only on (a) computers controlled by you, or (b) a network server allowing only you and other persons who have agreed to the terms and conditions of this Agreement to use the Software. The right to use the Software is not transferable. This Agreement and the license granted in it shall continue until RapidTech announces its termination, and will terminate automatically if you fail to comply with the limitations described in this Agreement. Upon any termination, or if you should give up your personal use and control of the computers on which the Software is installed, you agree to destroy all copies of the Software and any related materials in any form.

2. COPYRIGHT. The Software is owned by RapidTech and is protected by United States copyright laws and international treaty provisions. Therefore, you must treat the Software like any other copyrighted material (e.g. a book or musical recording) except that you may make one copy of the Software solely for backup purposes which includes all copyright and trademark notices. 

3. REGISTRATION. SHEPHERD is distributed as Shareware. This means that users are encouraged, subject to restrictions described in the License Agreement, to share copies of the demonstration version of SHEPHERD with friends, associates and bulletin boards. The demonstration version of SHEPHERD has certain limitations built in. If you use SHEPHERD beyond the 15 days evaluation period, you are required to pay the registration fee as described in REGISTER.TXT and you will be sent your registration number. Once you receive the registration number you have to enter it into the Register form available from About window. The demonstration mode limitations will be removed automatically after successful registration. 

4.OTHER RIGHTS. You may not modify, translate, reverse engineer, decompile, disassemble or create derivative works based on the Software, or remove any proprietary notices or labels it contains. All applicable rights to patents, copyrights, trademarks and trade secrets in the Software or any modifications to it shall be and remain in RapidTech.

5. NO WARRANTIES OR LIABILITIES.
(a) You expressly acknowledge and agree that use of the Software is AT YOUR OWN RISK and that the Software is provided "AS IS" without any warranties or conditions whatsoever.
(b) RapidTech SHALL IN NO EVENT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, INCLUDING BUT NOT LIMITED TO ANY LOST PROFITS OR OTHER LOSSES ARISING OUT OF OR RELATING TO THE USE OR INABILITY TO USE the Software.
(c) THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF the Software IS WITH YOU AND SHOULD EITHER PROVE DEFECTIVE, YOU (AND NOT RapidTech) ASSUME THE ENTIRE COSTS OF SERVICING, REPAIR OR CORRECTION OF SUCH DEFECTS.
(d) SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF WARRANTIES OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.

6. U.S. GOVERNMENT RIGHTS. If you are acquiring the Software (including the related documentation) on behalf of any part of the United States Government, the following provisions apply.  The Software is deemed to be "commercial software" and "commercial computer software documentation," respectively, pursuant to DFAR Section 227.7202 and FAR 12.212, as applicable. Any use, modification, reproduction, release, performance, display or disclosure of the Software (including the related documentation) by the U.S. Government or any of its agencies shall be governed solely by the terms of this Agreement and shall be prohibited except to the extent expressly permitted by the terms of this Agreement.

7. CHANGED TERMS. RapidTech shall have the right at any time to change the terms of this Agreement or require new terms and to change, impose conditions on or discontinue any aspect or feature of the Software. 

8. GENERAL. This Agreement will governed by the laws of the State of New Jersey, without reference to conflict of laws principles. If any provision of this Agreement is held unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect the intent of the parties, and the remainder of this Agreement shall continue in full force and effect. You agree to comply with all U.S., foreign and local laws and regulations which apply to your use of the Software including without limitation, export control laws and regulations.

**** END OF THE SHEPHERD SOFTWARE LICENSE AGREEMENT ****

