Disclaimer Agreement

Users of Cacheman must accept this disclaimer of warranty:

NOTICE TO USERS: CAREFULLY READ THE FOLLOWING LEGAL AGREEMENT. USE OF THE CACHEMAN SOFTWARE PROVIDED WITH THIS AGREEMENT (THE "SOFTWARE") CONSTITUTES YOUR ACCEPTANCE OF THESE TERMS. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT INSTALL AND/OR USE THIS SOFTWARE. USER'S USE OF THIS SOFTWARE IS CONDITIONED UPON COMPLIANCE BY USER WITH THE TERMS OF THIS AGREEMENT.

1. LICENSE GRANT.

Outer Technologies grants you a license to use Cacheman (the "SOFTWARE") on any computer as long as the terms of this license agreement are respected. "You" means the company, entity, or individual installing or using the SOFTWARE. "Use" means storing, loading, installing, executing, or displaying the SOFTWARE.

Cacheman is Shareware, NOT Public Domain software, you are not allowed to use any parts of Cacheman in other software products.

You can evaluate Cacheman for 15 days.

a, Private/Educational usage

In order to keep using Cacheman you have to register. The registration fee for Cacheman is $10. Since most users cannot afford $10, Cacheman has no disabled features and no time limit. If you really cannot afford the shareware fee you are allowed to use Cacheman as Freeware. All updates for registered users will be free even if we should be forced to change the license to Shareware only with the next major release.

b, Commercial/Corporate usage

If you want to keep using Cacheman you have to pay a $10 (Single User license) Shareware fee. Multi User and Corporate/Site licenses are available on the registration page.

2. COPYRIGHT. The SOFTWARE is protected by United States copyright law and international treaty provisions. You acknowledge that no title to the intellectual property in the SOFTWARE is transferred to you. You further acknowledge that title and full ownership rights to the SOFTWARE will remain the exclusive property of Outer Technologies and you will not acquire any rights to the SOFTWARE except as expressly set forth in this license. You agree that any copies of the SOFTWARE will contain the same proprietary notices which appear on and in the SOFTWARE.

3. UNAUTHORIZED USE. You may not use, rent, sell, modify, decompile, disassemble, otherwise reverse engineer or transfer the SOFTWARE except as provided in this agreement. Any such unauthorized use shall result in immediate and automatic termination of this license.

4. LIMITED WARRANTY. THIS SOFTWARE IS PROVIDED ON AN "AS IS" BASIS. OUTER TECHNOLOGIES DISCLAIMS ALL WARRANTIES RELATING TO THIS SOFTWARE, WHETHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER OUTER TECHNOLOGIES NOR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF THIS SOFTWARE SHALL BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE SUCH SOFTWARE, EVEN IF OUTER TECHNOLOGIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIMS. THE PERSON USING THE SOFTWARE BEARS ALL RISK AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE.

SOME JURISDICTIONS DO NOT ALLOW LIMITATION OR EXCLUSION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSION MAY NOT APPLY TO YOU TO THE EXTENT THAT LIABILITY IS BY LAW INCAPABLE OF EXCLUSION OR RESTRICTION.

5. SEVER ABILITY. 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.

6. NO LIABILITY FOR CONSEQUENTIAL DAMAGES. IN NO EVENT SHALL OUTER TECHNOLOGIES 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 OUTER TECHNOLOGIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL OUTER TECHNOLOGIES'S LIABILITY FOR ANY CLAIM, WHETHER IN CONTRACT, TORT, OR ANY OTHER THEORY OF LIABILITY, EXCEED THE LICENSE FEE PAID BY YOU, IF ANY.

7. GOVERNING LAW. This agreement shall be governed by the laws of Germany, excluding the application of its conflicts of law rules, and shall inure to the benefit of Outer Technologies and any successors, administrators, heirs, and assigns. Any action or proceeding brought by either party against the other arising out of or related to this agreement shall be brought only in a COURT of competent jurisdiction located in Germany. The parties hereby consent to in personal jurisdiction of said courts. The United Nations Convention on Contracts for the International Sale of Goods is specifically disclaimed.

8. ENTIRE AGREEMENT. This is the entire agreement between you and Outer Technologies, which supersedes any prior agreement or understanding, whether written or oral, relating to the subject matter of this license.

9. RESERVED RIGHTS. All rights not expressly granted here are reserved to Outer Technologies.

VIOLATION OR NON-ACCEPTANCE OF ANY OF THE ABOVE LICENCE CONDITIONS IMMEDIATELY AND UNCONDITIONALLY TERMINATES YOUR LICENCE.

Cacheman is Copyright ã 1997-2002 by Outer Technologies.