Software Excellence By Design Inc. License Agreement Effective 05-22-90 Revised 01-20-93 --------------------------- License Agreement ----------------- This agreement covers all software programs currently published by Software Excellence By design and new programs as they become available. No part of this document or the program documentation may be reproduced, transmitted, transcribed, stored in a retrieval system, or translated into any language (natural or binary), in any form or by any means, except as described in the following license agreement or without the express prior written consent of Software Excellence By Design Inc. The use of this program is subject to the following terms and conditions. Title To The Licensed Software ------------------------------ Title to the licensed software is NOT transferred or sold to the end user. The end user is granted a non-exclusive license to use the software on a SINGLE computer or computer work station. EACH computer or computer work station must have its own licensed copy of the software. Copyright Protection -------------------- This program is copyrighted material. It is protected by the copyright laws of the United States, the State of Arizona, and other proprietary rights of Software Excellence By Design Inc. You may not make any changes or modifications to this program or its manual. You may not decompile, disassemble, or otherwise reverse-engineer the software in any way. You may make copies of this program only under the terms of the section entitled "Limited License To Copy The Licensed Software". You may use program on a fourteen (14) day trial basis only, provided you do not violate the protection afforded the licensed software by the copyright laws, and you agree to the terms of the license agreement. If you use this program past the 14 day evaluation period you are required to purchase it. Limited Warranty ---------------- Software Excellence By Design does not warrant that the licensed software will meet your requirements or that the operation of the software will be uninterrupted or error free. The warranty does not cover any media or documentation which has been subjected to damage or abuse by you or others. The software warranty does not cover any copy of the licensed software which has been altered or changed in any way. In other words there is no warranty either implied or expressed. ANY IMPLIED WARRANTIES INCLUDING ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE ARE LIMITED TO THE TERM OF THE EXPRESS WARRANTIES. Some States do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you. Other Warranties ---------------- The warranties set forth above are in lieu of any and all other express or implied warranties, whether oral, written, or implied, and the remedies set forth above are the sole and exclusive remedies. Limitation Of Liability ----------------------- Software Excellence By Design Inc. is not responsible nor liable in anyway for any problems or damage caused by the licensed software that may result from using the licensed software. This includes, but is not limited to, computer hardware, computer software, operating systems, and any computer or computing accessories. End user agrees to hold Software Excellence By Design Inc. harmless for any problems arising from the use of the software. Software Excellence By Design Inc. SHALL NOT IN ANY CASE BE LIABLE FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, INDIRECT OR OTHER SIMILAR DAMAGES ARISING FROM ANY BREACH OF THESE WARRANTIES EVEN IF Software Excellence By Design Inc. OR ITS AGENTS OR DISTRIBUTORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some states do not allow the exclusion or l imitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. In no case shall Software Excellence By Design Inc.'s liability exceed the license fees paid for the right to use the licensed software, or a sum no greater than one Dollar ($1.00), whichever is less. Limited License To Copy The Software ------------------------------------ You are granted a limited license to copy this program ONLY FOR THE TRIAL USE OF OTHERS subject to the terms of this software license agreement described herein, and that the conditions described below are met: This program MUST be copied in an unmodified form in its original .ZIP archive -> No fee, charge or other compensation may be accepted or requested by anyone without the express written permission of Software Excellence By Design Inc. -> Public Domain Disk Vendors May NOT CHARGE a fee for this program itself. However you may include this program on a diskette for which you charge a nominal distribution fee. The purchaser of said diskette must be informed in advance that the fee paid to acquire the diskette does NOT relieve said purchaser from paying the Registration Fee for this program if said purchaser uses it for more than 14 days. The statement of shareware registration requirements MUST be printed on a label, or other form, that is directly attached to the distribution media. -> Operators of electronic bulletin board systems (Sysops) may post this program for downloading by their users without written permission ONLY AS LONG AS THE ABOVE CONDITIONS ARE MET. A fee may be charged for access to the BBS AS LONG AS NO SPECIFIC FEE IS CHARGED FOR DOWNLOADING the program files without first obtaining the express written permission from Software Excellence By Design Inc. to charge such a fee. The above constitutes the license agreement for Software Excellence By Design Shareware programs. It superceeds any and all previous license agreements.