XTEQ SYSTEMS END USER LICENSE AGREEMENT (DISCLAIMER) _____________________________________________________ GENERAL THE SOFTWARE, INFORMATION AND DOCUMENTATION IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. _____________________________________________________ WARRANTY IN NO EVENT THE AUTHOR(S) AND/OR XTEQ SYSTEMS SHALL BE LIABLE FOR ANY DAMAGES WHATSOEVER INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, LOSS OF BUSINESS PROFITS OR SPECIAL DAMAGES, EVEN IF THE AUTHOR(S) AND/OR XTEQ SYSTEMS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS INCLUDES, BUT IS NOT LIMITED TO, MERCHANTIBILITY AND FITNESS FOR A PARTICULAR FUNCTION. THE ENTIRE RISK RELATED TO THE SOFTWARE PERFORMANCE OR QUALITY IS ASSUMED BY THE USER. _____________________________________________________ LICENSING THE SOFTWARE IS EITHER LICENSED AS "FREEWARE" OR "SHAREWARE", DEPENDING ON THE ENVIRONMENT IT IS USED. THE SOFTWARE IS "FREEWARE" FOR: HOME USERS (USING THE COMPUTERS FOR PERSONAL HOBBY OR RECREATIONAL USE); GOVERNMENT CONTROLLED EDUCATION INSTITUTIONS; NON-PROFIT ORGANIZATIONS; CHARITY ORGANIZATIONS; PUBLIC LIBRARIES. THE TERM "FREEWARE" MEANS, YOU ARE ALLOWED TO USE THE SOFTWARE AT NO COST. IT IS NOT NECESSARY TO PURCHASE A LICENSE FOR IT. IF YOUR ENVIRONMENT DOES NOT FIT IN THE NOTED ENVIRONMENTS, YOU ARE CONSIDERED A COMMERCIAL INSTITUTION AND THE SOFTWARE IS LICENSED TO YOU AS "SHAREWARE". THE TERM "SHAREWARE" MEANS, YOU CAN TEST THE SOFTWARE FOR UP TO 30 DAYS AFTER WHICH YOU MUST PURCHASE A LICENSE FOR IT OR STOP USING THE SOFTWARE AND REMOVE IT FROM YOUR STORAGE DEVICE(S). _____________________________________________________ CONFIDENTIAL PROPERTY THE SOFTWARE IS CONFIDENTIAL PROPERTY OF THE AUTHOR(S) AND/OR XTEQ SYSTEMS. REVERSE ENGINEER (DECOMPILE) OR DISASSEMBLE OF THE SOFTWARE IS STRICTLY PROHIBITED. CHANGING THE SOFTWARE, THE DOCUMENTATION, THE DISTRIBUTION FORM (ARCHIVE) OR ANY OTHER PART OF THE SOFTWARE IN ANY WAY IS STRICTLY PROHIBITED. THE SOFTWARE IS NOT PUBLIC DOMAIN! _____________________________________________________ DISTRIBUTION IT IS ALLOWED TO INCLUDE THIS SOFTWARE ON A COVER CD-ROM FOR A BOOK OR A MAGAZINE WITHOUT ASKING FOR THE PERMISSON OF THE AUTHOR(S) AND/OR XTEQ SYSTEMS, BUT ONLY IF THE AUTHOR(S) AND XTEQ SYSTEMS ARE INFORMED ABOUT THIS. PRIVATE OR NON-COMMERCIAL DISTRIBUTON IS ALLOWED, PROVIDING THAT NO FEE IS CHARGED, EXCEPT FOR ANY FEES NECESSARY TO COVER THE COST OF DISTRIBUTION MEDIA. NO INFORMATION OF THE AUTHOR(S) OR XTEQ SYSTEMS IS NEEDED. _____________________________________________________ COPYRIGHT ALL RIGHTS RESERVED BY XTEQ SYSTEMS AND/OR THE RESPECTIVE AUTHORS (LISTED EITHER IN THE DOCUMENTATION OR WITHIN THE SOFTWARE). _____________________________________________________ TRADEMARKS ALL BRAND NAMES AND PRODUCT NAMES USED ARE TRADEMARKS OR TRADE NAMES OF THEIR RESPECTIVE HOLDERS. ALL REFERENCES, LOGOS, IMAGES, NAMES, PRODUCTS, SOFTWARE AND HARDWARE ARE OR MAY BE COPYRIGHTS OR TRADEMARKS OF THEIR RESPECTIVE COMPANIES. NO INFRINGMENT IS INTENDED. _____________________________________________________ IMPORTANT IF YOU DO NOT AGREE WITH THE TERMS OF THIS LICENSE YOU HAVE TO REMOVE THE SOFTWARE FROM YOUR STORAGE DEVICES AND DO NOT USE THE SOFTWARE. # Version 2001/03 # # http://www.xteq.com # # info@xteq.com #