MaxWare License Agreement THIS DOCUMENT IS A LEGAL AGREEMENT BETWEEN YOU, THE END USER, AND MaxWare. BY USING THESE SOFTWARE PROGRAMS, YOU ARE GREETING TO BECOME BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT USE THIS SOFTWARE PROGRAM, PROMPTLY DESTROY THE PROGRAM AND THE OTHER ITEMS THAT ARE PART OF THIS PRODUCT. 1. LICENSE: As a paid and registered user of MaxWare, MaxWare grant a non exclusive right, without right to sublicense, to use this copy MaxWare Software (herein after the "SOFTWARE") on a single Computer at a time. If the computer on which you use the SOFTWARE is a multiuser server, the Lincense covers only one active user of that single system. MaxWare reserves all rights not expressly granted to LICENSEE and retains title and ownership of the SOFTWARE, including all subsequent copies in any media. 2. COPY: This SOFTWARE and the accompanying written materials are copyrighted. Unauthorized copying of the SOFTWARE, including SOFTWARE that has been modified, merged, or included with other software, or of the written materials is expressly forbidden. You may be held legally responsible for any copyright infringement that is caused or encouraged by your failure to abide by the terms of this License. You may make one duplicate back-up copy of the SOFTWARE. You must include the copyright notice on the backup copy. 3. USE: As the LICENSE, you may transfer the SOFTWARE from one computer to another provided that the SOFTWARE is used on only one computer at a time. 4. SHAREWARE DISTRIBUTION: This license is not necessaried for BBS, clubs or user groups distributing the software on a SHAREWARE basis, provideing that the entire programs, copyright notice, accompanying document, installation program is included in the original distribution form. You may electronically transfer the SOFTWARE from one computer to another over a network for SHAREWARE distribution in original form. You may not modify, adapt, translate, reverse engineer, or create derivative works based on the SOFTWARE or accompanying written materials. 5. TRANSFER: This registered SOFTWARE is licensed only to you, the LICENSEE, and may not be transferred to anyone without the prior written consent of MAXWARE. Any authorized transferee of the SOFTWARE shall be bound by the terms and conditions of this Agreement. In no event may you transfer, assign, rent, lease, or sell the SOFTWARE on a temporary or permanent basis except as expressly provided herein. 6. TERM: This License is effective until terminated. This License will be terminated automatically without notice from MaxWare if you fail to comply with any provision of this License. Upon termination you shall destroy the written materinals and all copies of the SOFTWARE, including modified copies, if any. This agreement shall be construed and enforced in accordance with the laws of the State of California. DISCLAIMER OF WARRANTIES THE SOFTWARE AND ACCOMPANYING WRITTEN MATERIALS (INCLUDING THE USER'S MANUAL) ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND BY EITHER MaxWare OR ANYONE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION, OR DISTRIBUTION OF THE MaxWare SOFTWARE, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANT ABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE MaxWare SOFTWARE AND WRITTEN MATERIALS IS WITH YOU. SHOULD THE MaxWare SOFTWARE AND WRITTEN MATERIALS PROVE DEFECTIVE, YOU (AND NOT MaxWare OR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION OR DISTRIBUTION OF THE MaxWare SOFTWARE) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. LIMITED WARRANTY As the only warranty under this Agreement, and in the absence of accident, abuse or misapplication, MaxWare warrants, to the original LICENSEE Only, the disk(s) on which the software is recorded is free from defects in materials and workmanship under normal use and service for a period of ninety(90) days from the date of payment as evidence by a copy of the Registration. MaxWare's only obligation under this agreement is to either (a) return payment or (b) replace the disk that does not meet MaxWare's limited warranty. Any replacement disk will be warranted for the remainder of the original warranty period or thirty(30) days, whichever is longer. THIS WARRANTY GIVES YOU LIMITED, SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO STATE. LIMITATION OF LIABILITY NEITHER MAXWARE NOR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF THIS PRODUCT SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE SUCH PRODUCT EVEN IF MAXWARE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.