TRIAL SOFTWARE LICENSE

PLEASE READ THIS LICENSE CAREFULLY BEFORE USING THIS TRIAL SOFTWARE.  BY CLICKING THE “ACCEPT” BUTTON OR BY USING THIS TRIAL SOFTWARE, YOU AGREE TO BECOME BOUND BY THE TERMS OF THIS LICENSE.  IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, CLICK THE “DECLINE” BUTTON AND DO NOT USE THIS TRIAL SOFTWARE.

You are interested in receiving from Lunar Software Inc the trial software (“Trial Software”) and you agree to use the Trial Software solely in accordance with the terms of this License.

Please be aware that this Trial Software may be programmed to cease functioning in all or in part on a certain date.

1.  License Grant.  This Trial Software is licensed, not sold, to you by Lunar Software Inc for use only under the terms of this License, and Lunar Software Inc reserves any rights not expressly granted to you.  Subject to all the terms and conditions of this License, Lunar Software Inc grants you a nonexclusive, nontransferable license to use the Trial Software on a single computer.  To “use” the Trial Software means that the Trial Software is either loaded in the temporary memory (i.e. RAM) of a computer or installed on the permanent memory of a computer (i.e., hard disk, CD ROM, etc.).  You may make one (1) copy of the Trial Software in machine readable form solely for backup purposes.  You must reproduce on each copy any copyright or other proprietary notices that were on the original copy supplied by Lunar Software Inc.

2.  Restrictions.  The Trial Software contains trade secrets in its human perceivable form and, to protect them, you may not REVERSE ENGINEER, DECOMPILE, DISASSEMBLE OR OTHERWISE REDUCE THE TRIAL SOFTWARE TO ANY HUMAN PERCEIVABLE FORM.  YOU MANY NOT MODIFY, ADAPT, TRANSLATE, RENT, LEASE, LOAN, RESELL FOR PROFIT OR CREATE DERIVATIVE WORKS BASED UPON THE TRIAL SOFTWARE OR ANY PART THEREOF.

3.  Termination.  This License is effective until terminated.  This License will terminate immediately without notice from Lunar Software Inc or judicial resolution if you fail to comply with any provision of this License.  Upon such termination you must destroy the Trial Software, any accompanying written materials and all copies thereof, and Sections 2, 4, 5, 6 and 7 will survive any termination.  

4.  Export Law Assurances.  You may not use or otherwise export or reexport the Trial Software except as authorized by United States laws and the laws of the jurisdiction in which the Trial Software was obtained.  In particular, but without limitation, the Trial Software may not be exported or reexported (i) into (or to a national or resident of ) any U.S. embargoed country or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce’s Table of Denial Orders.  By using the Trial Software, you represent and warrant that you are not located in, under control of, or a national or resident of any such country or on any such list.

5.  Warranty Disclaimer.  YOU ACKNOWLEDGE THAT THE TRIAL SOFTWARE MAY NOT SATISFY YOUR REQUIREMENTS OR BE FREE FROM DEFECTS.  THE TRIAL SOFTWARE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, AND LUNAR SOFTWARE INC EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.  SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR CONDITIONS, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. 

6.  Limitation of Remedies and Damages.  LUNAR SOFTWARE INC WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT OR SPECIAL DAMAGES, WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE), CONTRACT OR OTHERWISE, THAT STEM FROM ANY USE OF OR INABILITY TO USE THE TRIAL SOFTWARE OR OTHERWISE ARISING FROM THIS LICENSE.   LUNAR SOFTWARE’S LIABILITY FOR ACTUAL DAMAGES FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL BE LIMITED TO US$20.00.   THIS LIMITATION WILL NOT APPLY IN CASE OF DEATH, PERSONAL INJURY AND LOSS OF, DAMAGE TO OR DESTRUCTION OF TANGIBLE PROPERTY ORDINARILY INTENDED FOR PRIVATE USE OR CONSUMPTION, ONLY WHERE AND TO THE EXTENT THAT APPLICABLE LAW REQUIRES SUCH LIABILITY.  BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

7.  General.  This License will be construed under the laws of the United States.  This License will be construed under the laws of the State of Oregon, except for that body of law dealing with conflicts of law.  If any provision of this License shall be held by a court of competent jurisdiction to be contrary to law, that provision will be enforced to the maximum extent permissible, and the remaining provisions of this License will remain in full force and effect.  If the Trial Software is supplied to the United States Government, the Trial Software is classified as “restricted computer software” as defined in clause 52.227-19 of the FAR.  The United States Government’s rights to the Trial Software are as provided in clause 52.227-19 of the FAR.