Panoramic Software Utilities (PS Utils) version 0.7 Copyright (C) 1997 Panoramic Software. All Rights Reserved License Agreement You should carefully read the following terms and conditions before using this software. Unless you have a different license agreement signed by Panoramic Software your use of this software you indicates your acceptance of this license agreement and warranty. Disclaimer of Warranty This Software is provided on an "AS IS" basis, without warranty of any kind, including without limitation the warranties of merchantability, fitness for a particular purpose and non-infringement. The entire risk as to the quality and performance of the Software is taken by the user. Should the Software prove defective, the user, and not Panoramic Software, assume the entire cost of any services and repair. Any Online Services charges that result from the use of this program are the sole responsibility of the user. USER MAY: - Use the Software on one single computer - Copy the Software for archival purposes, provided any copy must contain all of the original Software's proprietary notices. USER MAY NOT: - Permit other individuals to use the Software except under the terms listed above - Modify, translate, reverse engineer, decompile, or disassemble the Software under any circumstances. - Rent, lease, grant a security interest in, or otherwise transfer rights to the Software - Remove any proprietary notices or labels on the Software. You are specifically prohibited from charging, or requesting donations, for any such copies, however made; and from distributing the software and/or documentation with other products (commercial or otherwise) without prior written permission. TITLE: Title, ownership rights, and intellectual property rights in the Software shall remain in Panoramic Software. The Software is protected by copyright laws and treaties. TERMINATION: The license will terminate automatically if you fail to comply with the limitations described herein. On termination, you must destroy all copies of the Software. LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL PANORAMIC SOFTWARE OR ITS DISTRIBUTERS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES. IN NO EVENT WILL PANORAMIC SOFTWARE BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE AMOUNT PANORAMIC SOFTWARE RECEIVED FROM YOU FOR A LICENSE TO THE SOFTWARE, EVEN IF PANORAMIC SOFTWARE SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION. FURTHERMORE, SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO THE USER. HIGH RISK ACTIVITIES. The Software is not fault-tolerant and is not designed, manufactured 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"). Panoramic Software and its distributers specifically disclaim any express or implied warranty of fitness for High Risk Activities. MISCELLANEOUS. If the copy of the Software you received was accompanied by a printed or other form of "hard-copy" End User License Agreement whose terms vary from this Agreement, then the hard-copy End User License Agreement governs your use of the Software. This Agreement represents the complete agreement concerning this license and may be amended only by a writing executed by both parties. If any provision of this Agreement is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable. The application the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded. U.S. GOVERNMENT RESTRICTED RIGHTS. Use, duplication or disclosure by the Government is subject to restrictions set forth in subparagraphs (a) through (d) of the Commercial Computer- Restricted Rights clause at FAR 52.227-19 when applicable, or in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013, or at 252.211- 7015, and in similar clauses in the NASA FAR Supplement.