LT HelpDesk Version 1.20 LT HelpDesk TABLE OF CONTENTS 1. LICENSE AGREEMENT - PRODUCT 2. LICENSE AGREEMENT - SOURCE CODE (The license agreement for the source code is provided for those desiring to review the terms and conditions prior to purchase.) 1. LICENSE AGREEMENT - LT HelpDesk PRODUCT NOTICE: Please read the terms and conditions of the license set forth below prior to your use of this software. This software has been made available to you subject to your agreement to the following license. Use of this software constitutes acceptance of each of the terms and conditions of such license. BLUE LANCE, INC. grants to you a personal, non-exclusive license to use LT HelpDesk (the "software"). You are authorized to use the software for your own benefit. You may not, however, use the software in the operation of a business whereby you charge third parties for the use of the software. You may make copies of the software and provide the copies to third parties; provided, however, you must copy all files which are part of the program and you must provide the copies to third parties; provided, however, you must copy all files which are part of the program and you must provide the copies to third parties for no charge other than the actual costs which you incur in copying and distribution. You may not modify, reverse assemble, reverse compile, translate, or otherwise alter the software in any way. Should you desire to make customer modifications for your own internal use, you may acquire the source code from BLUE LANCE, INC. Acquisition of the source code will be on such terms and conditions as may be set by BLUE LANCE, INC. from time to time and will be subject to a separate license which will prevent the use of the source code modification of the software for resale or inclusion with any other product. By use of this software, you assume full responsibility for its selection to achieve your intended results, and for the installation, use, and results obtained therefrom. THE SOFTWARE IS PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OF ANY KIND WHATSOEVER AND BLUE LANCE,INC HEREBY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, SPECIFICALLY INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. The entire risk as to the quality and performance of the software is with you. Should the software prove defective, you must assume the entire cost of all necessary servicing, repair, and/or correction. In no event will BLUE LANCE, INC. be liable to you for any damages, including any lost profits, lost savings, or other incidental, consequential, or special damages, arising out of or related to the use or inability to use the software. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE FOREGOING EXCLUSIONS MAY NOT APPLY TO YOU. THIS LICENSE GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE FOREGOING LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. You agree to hold BLUE LANCE, INC. harmless from and against any and all claims, damages, expenses, losses, liabilities, or causes of action, whether at law or in equity, of every kind or nature whatsoever, including attorney's fees and costs of suit, arising out of or relating to your use of the software. All rights not specifically and expressly granted in this license are reserved by BLUE LANCE, INC. If any one or more covenants, agreements, or provisions herein shall be held for any reason whatsoever invalid or unenforceable, then such covenants, agreements, or provisions shall be null and void and shall be deemed severable from the remainder of this license and in no way affect the validity of any such remainder. This license (including the limitations of warranty and remedies set forth herein) shall be construed, interpreted, and governed by the laws of the state of Texas and any action hereunder shall be brought exclusively in Harris County, Texas. 2. LICENSE AGREEMENT - LT HelpDesk SOURCE CODE BLUE LANCE, INC. grants to you a personal, non-exclusive license to use the LT HelpDesk source code (the "source code"). You are authorized to use the source code solely for your own benefit. You may use the source code to modify LT HelpDesk (the "software") for your own use only. You may not use the source code in order to modify the software for resale, inclusion with any other product, or any other commercial purpose. You may not permit any third party to use the source code and you may not provide the source code or any part thereof to any third party. You may not make any copies of the source code except for such copies as are reasonably required for your own use. By use of the source code, you assume full responsibility for your modification of the software, its selection to achieve your intended results, and the installation, use, and results obtained therefrom. THE SOURCE CODE IS PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OF ANY KIND WHATSOEVER AND BLUE LANCE, INC. HEREBY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, SPECIFICALLY INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. The entire risk as to the quality and completeness of the source code is with you. In no event will BLUE LANCE, INC. be liable to you for any damages, including any lost profits, lost savings, or other incidental, consequential, or special damages, arising out of or related to the use or inability to use the source code or the software modified therewith. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE FOREGOING EXCLUSIONS MAY NOT APPLY TO YOU. THIS LICENSE GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE FOREGOING LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. You agree to hold BLUE LANCE, INC. harmless from and against any and all claims, damages, expenses, losses, liabilities, or causes of action, whether at law or in equity, of every kind or nature whatsoever, including attorney's fees and costs of suit, arising out of or relating to your use of the source code or the software modified therewith. All rights not specifically and expressly granted in this license are reserved by BLUE LANCE, INC. If any one or more covenants, agreements, or provisions herein shall be held for any reason whatsoever invalid or unenforceable, then such covenants, agreements, or provisions shall be null and void and shall be deemed severable from the remainder of this license and in no way affect the validity of any such remainder. This license (including the limitations of warranty and remedies set forth herein) shall be construed, interpreted, and governed by the laws of the state of Texas and any action hereunder shall be brought exclusively in Harris County, Texas. [license.txt]