AEC SOFTWARE, INC. SOFTWARE LICENSE 

THIS IS A LEGAL AGREEMENT. READ 
CAREFULLY BEFORE INSTALLING 
SOFTWARE.

NOTE: Refer to the following 
AEC Software License Agreement 
and Disclaimer of Warranty and 
Limited Warranty prior to opening 
the sealed disk package or 
beginning the installation process.

By installing, copying, or otherwise 
using the Software, you agree to be 
bound by the terms of this License 
Agreement.

All parts of the FastTrack Schedule 
documentation and software are 
protected by United States federal 
copyright law. Copying the software 
for any reason other than to make a 
backup is a violation of law. 
Individuals who make unauthorized 
copied of software may be subject 
to civil and criminal prosecution. 
AEC Software, Inc. (AEC) licenses 
certain portions of its software 
from others who require the following 
disclaimers:

AEC's licensors make no warranties, 
express or implied, including without 
limitation the implied warranties of 
merchantability and fitness for a 
particular purpose, regarding the 
software. AEC's licensors do not 
warrant, guarantee or make any 
representations regarding the use 
or the results of the use of the 
software in terms of its correctness, 
accuracy, reliability, currentness or 
otherwise. The entire risk as to the 
results and performance of the software 
is assumed by you. The exclusion of 
implied warranties is not permitted by 
some jurisdictions. The above exclusion 
may not apply to you.  In no event will 
AEC's licensors, and their directors, 
officers, employees or agents (collectively 
AEC's licensors) be liable to you for any 
consequential, incidental or indirect 
damages (including damages for loss of 
business profits, business interruption, 
loss of business information, and the like) 
arising out of the use or inability to use 
the software even if AEC's licensor has been 
advised of the possibility of such damages. 
Because some jurisdictions do not allow the 
exclusion or limitation of liability for 
consequential or incidental damages, the 
above limitations may not apply to you. 
AEC's licensors liability to you for 
actual damages from any cause whatsoever, 
and regardless of the form of the action 
(whether in contract, tort (including 
negligence), product liability or otherwise), 
will be limited to $50.

This is a legal agreement between you 
(either an individual or an entity), the 
end user Licensee and AEC Software, Inc. 
and its Licensors (AEC, We or Us), 
the Licensor.

AEC SOFTWARE LICENSE AGREEMENT

1.
NOTICE. We are willing to license 
the enclosed software to you only on the 
condition that you accept all of the terms 
contained in this license agreement. Please 
read this license agreement carefully before 
installing the software. By installing the 
software you agree to be bound by the terms 
of this agreement. If you do not agree to 
these terms we are unwilling to license the 
software to you, and you should not open the 
disk orCD package or install the software. In 
such case, do not install the software and 
promptly return the unopened disk or CD 
package and all other material in this package 
along with proof of payment, to the place of 
purchase or authorized dealer from whom you 
obtained it for a full refund of the price you paid.
 
2.
Ownership and License. This is a license 
agreement and NOT an agreement for sale. We 
continue to own the copy of the software 
contained in this package and all other 
copies that you are authorized by this Agreement 
to make (the Software). Your rights to use the 
Software are specified in this Agreement, and 
we retain all rights not expressly granted to 
you in this Agreement. Nothing in this Agreement 
constitutes a waiver of our rights under United 
States Copyright law, international treaty 
provisions, or any other federal or state law.

3.
Permitted Uses. You are granted the 
following rights to the Software:

(a)
Right to Install and Use.

One Platform: If 
both the Macintosh and Windows version of 
the software are included on the CD, then 
you are only licensed to use the Software 
for one platform (i.e. the Macintosh or 
Windows version), but not both platforms.

Single Installation: You may install and 
use the Software on the temporary memory 
or hard disk drive or other storage device of 
any single computer. However, you may not 
under any circumstances have the Software 
installed onto the temporary memory or hard 
drives (or other storage devices) of two or 
more computers at the same time with a single 
user license. If you wish to use the Software 
on more than one computer, you must either 
erase the Software from the first hard drive 
before you install it onto a second hard drive, 
or else license an additional copy of the 
Software for each additional computer on 
which you want to use it.

Network Use: If you have a multiple License 
version of the Software, you may install the 
Software on the temporary memory, hard disk 
drive, or other storage device of a single 
computer which is accessible by multiple 
computers, such as a network server.

Multiple Licenses: If you have multiple 
Licenses for the Software, then at any time 
you may have as many copies of the Software 
in use as you have Licenses. If the anticipated 
number of users of the Software can exceed the 
number of applicable Licenses, then you must 
have a reasonable mechanism or process in place 
to assure that the number of persons using the 
Software concurrently does not exceed the number 
of Licenses. 

If you acquired this 
Software for business purposes, and installed 
it on a single stand-alone computer, you may, 
for your convenience, allow the primary business 
user of the Software to also install it onto the 
hard drive of his or her portable or home computer, 
so long as the Software is not used on both 
computers at the same time. If the Software 
will be used on both computers at the same time, 
you must purchase another license.

Notwithstanding any other 
terms of this License, if the Software is licensed 
as an upgrade or update, then you may only use the 
Software to replace previous validly licensed 
versions of the software. You agree that the 
upgrade or update does not constitute the granting 
of a second license to the Software (i.e.,you may 
not use the upgrade or update in addition to the 
software it is replacing, nor may you transfer 
the software which is being replaced to a third 
party).

(b)
Right to Copy. You may copy the 
Software for backup and archival purposes, 
provided that the original and each copy is 
kept in your possession, and that your 
installation and use of the Software does 
not exceed that allowed in part (a) above.

(c)
Right to Transfer. You may not 
rent, lend, or lease this Software. However, 
you may transfer this license to use the 
Software to another party on a permanent 
basis by transferring this copy of the License 
Agreement, at least one unaltered copy of the 
Software, and all documentation. You must, at 
the same time, either transfer to the other 
party or destroy all your other copies of the 
Software. Such transfer of possession 
terminates your license from us. Such other 
party shall be licensed under the terms of this 
Agreement upon its acceptance of this Agreement 
by its initial use of the Software. If you transfer 
the Software, you must remove the Software 
from your hard disk and you may not retain any 
copies of the Software for your own use.

4.
Prohibited Uses. You may not, without 
written permission from us: 

(a)
Make, use, copy, merge, 
transfer, sublicense, loan, lease, or rent copies 
of the Software or documentation or any part 
thereof except as provided in this Agreement;

(b)
Use any backup or archival copies 
of the Software or documentation or any part 
thereof (or allow someone else to use such 
copies) for any purpose other than to replace 
the original copy in the event it is destroyed 
or becomes defective;

(c)
Disassemble, decompile or unlock, 
reverse translate, reverse engineer, or in any 
manner decode the Software or documentation or 
any part thereof for any reason; 

(d)
Modify, adapt, translate, or 
create derivative works of the Software or 
documentation or any part thereof.

5.
Limited Warranty. We make the following 
limited warranties, for a period of ninety (30) 
days from the date you acquired the Software from 
us or our authorized dealer. This limited Warranty 
is void if failure of the Software has resulted from 
accident, abuse, or misapplication. Any replacement 
Software will be warranted for the remainder of 
the original warranty period or thirty (30) days. 
whichever is longer. Neither these remedies nor 
any product support services offered by AEC are 
available outside of the United States of America.

(a)
Media. The disks, or CD, and documentation 
in this package will be free from defects in 
materials and workmanship under normal use. 
If the disks or documentation fail to conform 
to this warranty, you may, as your sole and 
exclusive remedy, obtain a replacement free 
of charge if you return the defective disk, CD, or 
documentation to us (postage paid) with a 
dated proof of purchase.

(b)
Software. The Software in this 
package will materially conform to the 
documentation that accompanies it. If the 
Software fails to operate in accordance with 
this warranty, you may, as your sole and exclusive 
remedy, return all of the Software and the 
documentation to the place of purchase or the 
authorized dealer from whom you acquired it, 
along with a dated proof of purchase, specifying 
the problem, and they will provide you with a 
new version of the Software or a full refund at 
their election. 

(c)
WARRANTY DISCLAIMER. WE DO NOT 
WARRANT THAT THIS SOFTWARE WILL MEET YOUR 
REQUIREMENTS OR THAT ITS OPERATION WILL BE 
UNINTERRUPTED OR ERROR-FREE. WE EXCLUDE AND 
EXPRESSLY DISCLAIM ALL EXPRESS AND IMPLIED 
WARRANTIES NOT STATED HEREIN, INCLUDING THE 
IMPLIED WARRANTIES OF MERCHANTABILITY AND 
FITNESS FOR A PARTICULAR PURPOSE. Some 
states do not allow the exclusion of implied 
warranties, so the above exclusion may not 
apply to you. This limited warranty gives 
you specific legal rights, and you may also 
have other legal rights, which vary from state 
to state.

(d)
HIGH RISK ACTIVITIES DISCLAIMER. 
THIS SOFTWARE IS NOT DESIGNED OR INTENDED FOR 
USE OR RESALE AS ON-LINE CONTROL EQUIPMENT IN 
HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE 
PERFORMANCE, SUCH AS IN THE OPERATION OF 
NUCLEAR FACILITIES, AIRCRAFT NAVIGATION 
OR COMMUNICATION SYSTEMS, AIR TRAFFIC 
CONTROL, DIRECT LIFE SUPPORT MACHINES, OR 
WEAPONS SYSTEMS, IN WHICH THE FAILURE OF 
THE SOFTWARE COULD LEAD DIRECTLY TO DEATH, 
PERSONAL INJURY, OR SEVERE PHYSICAL OR 
ENVIRONMENTAL DAMAGE (HIGH RISK ACTIVITIES). 
AEC SOFTWARE SPECIFICALLY DISCLAIMS ANY 
EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR 
HIGH RISK ACTIVITIES.

6.
LIMITATION OF LIABILITY. AEC, ITS DIRECTORS, 
OFFICERS, EMPLOYEES OR AGENTS (COLLECTIVELY 
AEC) LIABILITY TO YOU FOR ANY LOSSES SHALL BE 
LIMITED TO DIRECT DAMAGES FROM ANY CAUSE 
WHATSOEVER, AND SHALL NOT EXCEED THE AMOUNT 
YOU ORIGINALLY PAID FOR THE SOFTWARE. IN NO 
EVENT WILL AEC BE LIABLE TO YOU FOR ANY 
CONSEQUENTIAL, INCIDENTAL, INDIRECT, OR 
SPECIAL DAMAGES WHATSOEVER (INCLUDING, 
WITHOUT LIMITATION, DAMAGES FOR LOSS OF 
BUSINESS PROFITS, BUSINESS INTERRUPTION, 
LOSS OF BUSINESS INFORMATION, AND THE LIKE), 
WHETHER FORESEEABLE OR UNFORESEEABLE, 
REGARDLESS OF THE BASIS OF THE CLAIM AND 
EVEN IF WE HAVE BEEN ADVISED OF THE 
POSSIBILITY OF SUCH DAMAGES. Some 
jurisdictions do not allow these limitations 
or exclusions, so they may not apply to you.

7.
United States Government Restricted 
Rights. This software and documentation is 
commercial computer software under the Federal 
Acquisition Regulation and agency supplements 
to it (FAR). This software and documentation 
are provided to the Federal Government and its 
agencies only under the restricted rights 
provision of the FAR applicable to commercial 
computer software developed at private expense 
and not in the public domain. Use, duplication 
or disclosure by the U.S. Government or any 
agency or instrumentality thereof is subject 
to restrictions as set forth in subdivision 
(c)(1)(ii) of the Rights in Technical Data and 
Computer Software clause at DEARS 
252.227-7013, or in FAR 52.227-19, or in
 FAR 52.227-14, as applicable and as set forth 
n this license to the extent that the restrictions 
in this license are not inconsistent with the 
Government's minimum rights in restricted rights 
software. Contractor / Manufacturer is AEC 
Software, Inc., 22611 Markey Court, Building 113, 
Sterling, Virginia 20166 U.S.A.

8.
Export Controls. You agree that you 
will not directly or indirectly transfer the 
Software or documentation to any country to 
which such transfer would be prohibited by 
the United States Export Administration Act 
and the regulations issued thereunder.

9.
Termination. This license and your 
right to use this Software automatically 
terminate if you fail to comply with any 
provisions of this Agreement, destroy the 
copies of the Software in your possession, 
or voluntarily return the Software to us. 
Upon termination you will destroy all copies 
of the Software and documentation.

10.
Miscellaneous Provisions. This 
Agreement will be governed by and construed 
in accordance with the substantive laws of 
the Commonwealth of Virginia, U.S.A. This 
is the entire agreement between us relating 
to the contents of this package, and supersedes 
any prior purchase order, communications, 
advertising or representations concerning the 
contents of this package. No change or 
modification of this Agreement will be valid 
unless it is in writing, and is signed by us.

Canadian Transactions: If you acquired 
this Software in Canada, you agree to 
the following: The parties hereto have 
expressly required that the present 
Agreement and its Exhibits be drawn up in 
the English language. / Les parties aux 
presented not expressement exige que 
la presente convention et ses Annexes 
soient redigees en langue anglaise.

Other International Transactions: If you acquired 
this Software outside the U.S.A. or for use outside 
the U.S.A. you agree to the following:The parties 
hereto have expressly required that the present 
Agreement and its Exhibits be drawn up in the 
English language.

If you have any questions about 
this Agreement, write to AEC Software Inc., 
22611-113 Markey Court, Sterling, Virginia 
20166 U.S.A. or call at (703) 450-1980.

FastTrack Schedule(TM) is a trademark 
of AEC Software, Inc.