LICENSE AGREEMENT ================= Section I - License agreement for SHAREWARE VERSION Section II - License agreement for EVALUATION VERSION Section II - Registration, Warranty and Copyright agreement for both the SHAREWARE and EVALUATION versions There are two non-registered versions of F/WIN Anti-Virus. The "SHAREWARE VERSION" is the version that may be freely copied and used on a trial basis for thirty days. Some of its features are disabled until a valid registration key file is used with it. The "EVALUATION VERSION" is a fully-functional version of F/WIN Anti-Virus that expires on a certain date. You may receive a copy of this version only directly from Stefan Kurtzhals, or an authorized F/WIN Anti-Virus distributor. The EVALUATION version may NOT be copied or given to third parties without the written permission of Stefan Kurtzhals or an authorized F/WIN Anti-Virus distributor. You are not allowed to distribute the EVALUATION version of F/WIN on BBSes or other online services. I. FOR "SHAREWARE VERSION" OF F/WIN ANTI-VIRUS ================================================================= NOTICE TO USERS: CAREFULLY READ THE FOLLOWING LEGAL AGREEMENT. USE OF THE SOFTWARE PROVIDED WITH THIS AGREEMENT (THE "SOFTWARE") CONSTITUTES YOUR ACCEPTANCE OF THESE TERMS. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, PROMPTLY REMOVE THE SOFTWARE TOGETHER WITH ALL COPIES FROM YOUR COMPUTER AND, FLOPPY DISKETTES. USER'S USE OF THIS SOFTWARE IS CONDITIONED UPON COMPLIANCE BY USER WITH THE TERMS OF THIS AGREEMENT. THE SOFTWARE MAY BE EVALUATED FOR THIRTY DAYS ON A ROYALTY FREE BASIS. CONTINUED USE AFTER EVALUATION IS CONDITIONED UPON PAYMENT BY USER OF THE REGISTRATION FEE SPECIFIED IN THE FILE ORDER.TXT. The F/WIN Anti-Virus executable file (FWIN.EXE) and the accompanying files are SHAREWARE. You are hereby granted a license by Stefan Kurtzhals, owner and author of F/WIN Anti-Virus to evaluate and distribute the SHAREWARE copy of the software and its accompanying files, under the following conditions: 1. Using the F/WIN Anti-Virus means that you agree to all of the conditions stated in this agreement. 2. Stefan Kurtzhals and authorized distributors of F/WIN Anti- Virus can never be held responsible for damage, directly or indirectly resulting from the use of the F/WIN Anti-Virus product, or through following the instructions in the F/WIN Anti-Virus documentation. 3. The SHAREWARE version package of the F/WIN Anti-Virus may not be sold or licensed. Neither may a fee be charged for its use. If a fee is charged in connection with the F/WIN Anti-Virus utilities at all, it should only cover the cost of copying or distribution. UNDER NO CIRCUMSTANCES should payment of such fees be understood to constitute legal ownership. 4. The F/WIN Anti-Virus shareware package must be presented in its complete form. Distributing the program and its accompanying files separately is strictly forbidden. 5. None of the files within the F/WIN Anti-Virus SHAREWARE package may be modified or altered in any way. 6. By granting you the right to distribute the SHAREWARE copy of the F/WIN Anti-Virus, you do not become the owner of the product in any way. 7. The SHAREWARE version package of the F/WIN Anti-Virus may be distributed freely without charge. 8. Stefan Kurtzhals and all authorized distributors of F/WIN Anti-virus accept no responsibility in the event that F/WIN malfunctions or does not function at all. 9. Any other use, distribution or representation of the F/WIN Anti-Virus utilities is forbidden without the written permission of Stefan Kurtzhals, author and owner of F/WIN Anti-Virus. 10. You agree that you will not attempt to reverse compile, modify, translate, or disassemble the F/WIN Anti-Virus software in whole or in part. 11. If F/WIN Anti-Virus does not conform to the limited warranty in the "DISCLAIMER OF WARRANTY AND LIMITED WARRANTY" section below, Stefan Kurtzhals's and F/WIN's authorized distributors's entire liability and your sole remedy shall be, at Stefan Kurtzhals's option, either to (a) correct the error or (b) help you work around or avoid the error. The Limited Warranty is void if failure of the F/WIN Anti-Virus has resulted from accident, abuse, or misapplication. Any replacement software will be warranted for the remainder of the original Limited Warranty period. 12. STEFAN KURTZHALS AND AUTHORIZED DISTRIBUTORS FOR F/WIN ANTI- VIRUS DOES NOT WARRANT THAT THE SOFTWARE IS ERROR FREE. EXCEPT FOR THE EXPRESS LIMITED WARRANTY IN SECTION "DISCLAIMER OF WARRANTY AND LIMITED WARRANTY" BELOW, STEFAN KURTZHALS AND AUTHORIZED DISTRIBUTORS OF F/WIN ANTI-VIRUS DISCLAIMS ALL OTHER WARRANTIES WITH RESPECT TO THE F/WIN ANTI-VIRUS SOFTWARE, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT OF THIRD PARTY RIGHTS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION. 13. In the event of invalidity of any provision of this license, the parties agree that such invalidity shall not affect the validity of the remaining portions of this license. 14. IN NO EVENT SHALL STEFAN KURTZHALS, F/WIN'S AUTHORIZED DEALERS OR ITS SUPPLIERS BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL OR INDIRECT DAMAGES OF ANY KIND ARISING OUT OF THE DELIVERY, PERFORMANCE OR USE OF THE SOFTWARE, EVEN IF STEFAN KURTZHALS, F/WIN'S AUTHORIZED DEALERS AND SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL STEFAN KURTZHALS, F/WIN'S AUTHORIZED DEALERS OR ITS SUPPLIERS LIABILITY FOR ANY CLAIM, WHETHER IN CONTRACT, TORT OR ANY OTHER THEORY OF LIABILITY, EXCEED THE LICENSE FEE PAID BY YOU, IF ANY. 15. This license will be governed by the laws of the State of Ohio as they are applied to agreements between Ohio residents entered into and to be performed entirely within Ohio. The United Nations Convention on Contracts for the International Sale of Goods is specifically disclaimed. 16. This is the entire agreement between you and Stefan Kurtzhals, which supersedes any prior agreement or understanding, whether written or oral, relating to the subject matter of this license. 17. F/WIN Anti-Virus may not be bundled or included with any hardware or software without the expressed written consent of Stefan Kurtzhals, or an F/WIN Anti-Virus authorized distributor. 18. User agrees to pay all legal costs for the plaintiff, Stefan Kurtzhals, if litigation is undertaken to deal with user's illegal distribution of F/WIN Anti-Virus software and/or key file(s). 19. If the SHAREWARE version has been converted to a fully-functional registered version through the purchase of a key file (FWIN.KEY), it is forbidden to knowingly give away for free, or to sell the FWIN.KEY file. Ownership of all the executable and documentation files may be TRANSFERRED in whole (but not in part) to another owner, but the FWIN.KEY file may NOT be transferred to any third party under any circumstances. User agrees to only use a key file (FWIN.KEY) that was LEGALLY obtained. "TRANSFERRED" means that the original legal owner gives away, or sells all of the F/WIN Anti-Virus files (except the FWIN.KEY file), and said owner no longer possesses any copies of those files on any magnetic medium such as diskettes, hard drives, backup tapes, or any other storage medium. II. FOR THE "EVALUATION VERSION" OF F/WIN ANTI-VIRUS ================================================================= NOTICE TO USERS: CAREFULLY READ THE FOLLOWING LEGAL AGREEMENT. USE OF THE SOFTWARE PROVIDED WITH THIS AGREEMENT (THE "SOFTWARE") CONSTITUTES YOUR ACCEPTANCE OF THESE TERMS. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, PROMPTLY REMOVE THE SOFTWARE TOGETHER WITH ALL COPIES FROM YOUR COMPUTER AND, FLOPPY DISKETTES. USER'S USE OF THIS SOFTWARE IS CONDITIONED UPON COMPLIANCE BY USER WITH THE TERMS OF THIS AGREEMENT. THE SOFTWARE MAY BE EVALUATED FOR THIRTY DAYS ON A ROYALTY FREE BASIS. CONTINUED USE AFTER EVALUATION IS CONDITIONED UPON PAYMENT BY USER OF THE REGISTRATION FEE SPECIFIED IN THE FILE ORDER.TXT. 1. Stefan Kurtzhals and authorized distributors of F/WIN Anti- Virus can never be held responsible for damage, directly or indirectly resulting from the use of the F/WIN Anti-Virus product, or through following the instructions in the F/WIN Anti-Virus documentation. 2. The Evaluation version package of the F/WIN Anti-Virus may not be sold or licensed. It may not be transferred to any third party. 3. None of the files within the F/WIN Anti-Virus Evaluation package may be modified or altered in any way. 4. Stefan Kurtzhals and all authorized distributors of F/WIN Anti-virus accept no responsibility in the event that F/WIN malfunctions or does not function at all. 5. Any other use, distribution or representation of the F/WIN Anti-Virus Evaluation version is forbidden without the written permission of Stefan Kurtzhals, author and owner of F/WIN Anti-Virus. 6. You agree that you will not attempt to reverse compile, modify, translate, or disassemble the F/WIN Anti-Virus software in whole or in part. 7. If F/WIN Anti-Virus does not conform to the limited warranty in the "DISCLAIMER OF WARRANTY AND LIMITED WARRANTY" section below, Stefan Kurtzhals's and F/WIN's authorized distributors's entire liability and your sole remedy shall be, at Stefan Kurtzhals's option, either to (a) correct the error or (b) help you work around or avoid the error. The Limited Warranty is void if failure of the F/WIN Anti-Virus has resulted from accident, abuse, or misapplication. Any replacement software will be warranted for the remainder of the original Limited Warranty period. 8. STEFAN KURTZHALS AND AUTHORIZED DISTRIBUTORS FOR F/WIN ANTI- VIRUS DOES NOT WARRANT THAT THE SOFTWARE IS ERROR FREE. EXCEPT FOR THE EXPRESS LIMITED WARRANTY IN SECTION "DISCLAIMER OF WARRANTY AND LIMITED WARRANTY" BELOW, STEFAN KURTZHALS AND AUTHORIZED DISTRIBUTORS OF F/WIN ANTI-VIRUS DISCLAIMS ALL OTHER WARRANTIES WITH RESPECT TO THE F/WIN ANTI-VIRUS SOFTWARE, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT OF THIRD PARTY RIGHTS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION. 9. In the event of invalidity of any provision of this license, the parties agree that such invalidity shall not affect the validity of the remaining portions of this license. 10. IN NO EVENT SHALL STEFAN KURTZHALS, F/WIN'S AUTHORIZED DEALERS OR ITS SUPPLIERS BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL OR INDIRECT DAMAGES OF ANY KIND ARISING OUT OF THE DELIVERY, PERFORMANCE OR USE OF THE SOFTWARE, EVEN IF STEFAN KURTZHALS, F/WIN'S AUTHORIZED DEALERS AND SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL STEFAN KURTZHALS, F/WIN'S AUTHORIZED DEALERS OR ITS SUPPLIERS LIABILITY FOR ANY CLAIM, WHETHER IN CONTRACT, TORT OR ANY OTHER THEORY OF LIABILITY, EXCEED THE LICENSE FEE PAID BY YOU, IF ANY. 11. This license will be governed by the laws of the State of Ohio as they are applied to agreements between Ohio residents entered into and to be performed entirely within Ohio. The United Nations Convention on Contracts for the International Sale of Goods is specifically disclaimed. 12. This is the entire agreement between you and Stefan Kurtzhals, which supersedes any prior agreement or understanding, whether written or oral, relating to the subject matter of this license. 13. The EVALUATION version of F/WIN Anti-Virus may NOT be copied or given to third parties without the written permission of Stefan Kurtzhals or an authorized F/WIN Anti-Virus distributor. You are not allowed to distribute the EVALUATION version of F/WIN on BBSes or other online services or to any other third party. 14. User agrees to pay all legal costs for the plaintiff, Stefan Kurtzhals, if litigation is undertaken to deal with user's illegal distribution of F/WIN Anti-Virus software or key file(s). 15. It is forbidden to knowingly give away for free, or to sell the FWIN.KEY file that accompanied your EVALUATION copy of F/WIN Anti-Virus. III. REGISTRATION ================================================================= F/WIN is not free software! You may evaluate this product, but if you decide to make use of it beyond the expiration date, you must register your copy. For more information on how to register F/WIN Anti-Virus, see the enclosed ORDER.DOC file. Registered users of F/WIN Anti-Virus enjoy the following extra benefits: 1. The macro virus cleaning facility will be active for all file names, not just NORMAL.DOT as is the case in the SHAREWARE version. 2. The /PARANOID feature is activated, allowing for more in- depth scans for Microsoft Word macro viruses. 3. The /REPORT= feature is activated, allowing the user to generate reports to disk of what F/WIN finds during its scan. This also allows for use of the /CLEANALL and /WIPEALL features (they can't be used without /REPORT=). 4. While both registered and unregistered users of F/WIN will receive customer support, registered users receive priority. 5. Future releases of F/WIN Anti-Virus may be downloaded from various FTP and WWW sites on the internet. Registered users will have immediate access to all the latest features and enhancements. By using a legal Registered Version of F/WIN Anti-Virus, user agrees that it is forbidden to knowingly give away for free, or to sell the FWIN.KEY file. Transfer of the FWIN.KEY file to any third party is forbidden. Ownership of all the executable and documentation files may be TRANSFERRED in whole (but not in part) to another owner, but the FWIN.KEY file may NOT be transferred to any third party under any circumstances. User agrees to only use a key file (FWIN.KEY) that was LEGALLY obtained. "TRANSFERRED" means that the original legal owner gives away, or sells all of the F/WIN Anti-Virus files (except the FWIN.KEY file), and said owner no longer possesses any copies of those files on any magnetic medium such as diskettes, hard drives, backup tapes, or any other storage medium. THE REGISTRATION KEY FILE ========================= Registered users receive a registration key file called FWIN.KEY. The key file will contain important information such as the license number and the name of the license owner. The key file FWIN.KEY is NOT to be sold or transferred in any way. The F/WIN Anti-Virus program searches for the key file in the same directory where the program file itself resides. If the key file is corrupt or invalid, the F/WIN Anti-Virus will continue without producing an error message. However, F/WIN Anti-Virus will then turn into the normal unregistered SHAREWARE version. Although you are allowed to use the SHAREWARE F/WIN Anti-Virus product for a period of 30 days, it is ILLEGAL to use it in combination with a key, produced without authorization of Stefan Kurtzhals or an authorized F/WIN Anti-Virus distributor. It is also ILLEGAL to use a key generated by any software not distributed by Stefan Kurtzhals or an authorized F/WIN Anti-Virus distributor. The FWIN.KEY file you obtain with your paid order entitles the user to legally download updates and use them for a period of 1-year. Using they FWIN.KEY file beyond one-year is illegal unless user has paid the fee to renew it. The renewal fee is equal to the fee paid to purchase F/WIN Anti-Virus at current prices. For instance, if user purchased a copy of F/WIN Anti- Virus in March, 1996 for $30, and F/WIN was selling for $35 in March, 1997, it would cost user $35 to renew F/WIN Anti-Virus in March, 1997. Stefan Kurtzhals reserves the right to modify F/WIN Anti-Virus, without notice to users, to no longer use existing FWIN.KEY files. In such cases, owners of F/WIN Anti-Virus would need to specify the serial number of their existing FWIN.KEY file before they would be issued a new FWIN.KEY file. A database will be used to track FWIN.KEY file owners to help assure that only owners of legal key files are given the new versions. Notice of such a key file change will be posted on our WWW home page at least 30-days in advance of the change. The purpose for doing this is to make it more difficult for illegal key owners to continue downloading shareware versions from various internet sites and using F/WIN Anti-Virus without paying for it. We anticipate that this invalidating of all older key files will occur about every two years or so. DISCLAIMER OF WARRANTY AND LIMITED WARRANTY =========================================== The author of F/WIN warrants that: (a) the software will perform substantially in accordance with the accompanying written materials and (b) the software is properly recorded on the disk media. This warranty extends for thirty (30) days) from the date of purchase. There is no warranty after expiration of the warranty period. Neither Stefan Kurtzhals nor anyone else who has been involved in the creation, production or delivery of the F/WIN Anti-Virus product and its accompanying files grants any other warranties with respect to the contents of the software, the written materials and each specifically disclaims any implied warranties of merchantability or fitness for any purpose. Except as stated herein, in no event shall Stefan Kurtzhals or his suppliers or authorized distributors be liable for any damages whatsoever, whether direct, indirect, consequential, or incidental damages (including damages for loss of business profits, business interruption, loss of business information, or other pecuniary loss, arising out of the use of or inability to use such product even if Stefan Kurtzhals, his suppliers or authorized distributors have been advised of the possibility of such damages. Because some states do not allow the exclusion of limitation of liability for consequential or incidental damages, the above limitation may not apply to you. Stefan Kurtzhals reserves the right to revise the software and the written materials and to make changes from time to time in the contents without obligation to notify any person. COPYRIGHT ========= All F/WIN Anti-Virus utilities are copyright 1996, Stefan Kurtzhals. All rights reserved. The F/WIN Anti-Virus package is protected by copyright law, which applies to the computer software as well, except for that you may make copies of the software solely for backup or archive purposes and transfer the software to hard disk provided that the software is used as specified herein. Making copies of the REGISTERED version of F/WIN Anti-Virus are also permitted for the purpose of distributing legal copies of F/WIN Anti-Virus throughout user's organization. For instance, if user ordered a just one diskette, but was licensed to use F/WIN Anti-Virus on 50 PC's, up to 50 copies could be made of the original for the purpose of distributing the original software. Additionally, legally acquired update diskettes may also be copied for this purpose. Should you have any questions concerning this Agreement, please e-mail or write to: Stefan Kurtzhals Dorrenberg 42 42899 Remscheid Germany E-Mail: kurtzhal@wrcs3.urz.uni-wuppertal.de Computer Virus Solutions C/O Gary Martin P.O. Box. 30802 Gahanna, Ohio 43230 United States of America Voice: (614) 337-0995 Fax: (614) 476-6884 E-mail: FWIN_SUP@ix.netcom.com