SOFTRONICS END USER LICENSE AGREEMENT BEFORE INSTALLING THIS LICENSED BETA SOFTWARE ON YOUR COMPUTER, YOU MUST CAREFULLY READ THE FOLLOWING LEGAL DOCUMENT BETWEEN YOU AND SOFTRONICS, INC. INSTALLING THIS SOFTWARE INDICATES YOUR ACCEPTANCE AND AGREEMENT OF THESE TERMS AND CONDITIONS. IF YOU DO NOT UNDERSTAND OR AGREE WITH ALL TERMS AND CONDITIONS, YOU SHOULD PROMPTLY DELETE OR DESTROY ALL SOFTERM PLUS FILES IN YOUR POSSESSION. Softronics, Inc., ("Softronics") and distributes a license to use, on the terms set forth herein, a "PRODUCT" which has been written and prepared by Softronics and comprised collectively of: (a) "PROGRAM(S)" which are all computer program(s) software, computer program software module(s), contained in the file(s) in this package or may be provided; (b) "DOCUMENTATION" which is written descriptions or instructions for the use of the PROGRAMS contained in the PRODUCT. You assume responsibility for the selection of the Product to achieve your intended results, and for the installation, use and result obtained from the Product. LICENSE TO USE A. Softronics specifically grants you a personal and nonexclusive license to use the Product(s) on a Per Copy basis for use on a single computer (i.e., with a single CPU) for thirty (30) days from the date of installation upon your computer. B. You, your employees and/or agents are required to protect the confidentiality of the Program and Documentation. C. You may not decompile, reverse engineer, or modify the Program or Documentation for any purpose. You may combine the Program with other programs. Any portion of the Program(s) merged into or used in conjunction with another program will continue to be the property of Softronics and subject to the terms and conditions of this Agreement. D. The Program(s) and the Documentation are copyrighted by Softronics, and/or Legal Information Institute, and/or Network Computing Devices, Inc., and/or Accusoft, Inc. You agree to respect and not remove or conceal from view any copyright, trademark or confidentiality notices appearing on the Product, and to reproduce any such copyright, trademark or confidentiality notices on all copies of the Program and Documentation or any portion thereof made by you as permitted hereunder and on all portions contained in or merged into other programs and documentation. TERM This license is effective for thirty (30) days from the date it is installed on your computer. You may terminate it before thirty (30) days by destroying the Program(s) and Documentation with all copies, modifications and merged portions in any form. It will also terminate upon conditions set forth elsewhere in this Agreement if you fail to comply with any term or condition of this Agreement. You agree upon such termination to destroy the Program(s) and Documentation together with all copies, modifications and merged portions in any form. WARRANTY EXCEPT AS PROVIDED IN THIS SECTION, THE PROGRAM(S) AND DOCUMENTATION ARE PROVIDED WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. LIMITATIONS OF REMEDIES Softronics' and/or its resellers' entire liability and your exclusive remedies under this Agreement are as follows: Softronics shall, at its sole option, use commercially reasonable efforts to correct any failure of the Program(s) of which it is given written notice by you to perform substantially in accordance with the Documentation, provided such failure can be recreated by Softronics in an unmodified version of the Program(s) or, if Softronics is unable or unwilling to correct such failure you may terminate this Agreement by removing the Program(s) from your computer and destroying all copies of the Program(s) in your possession. IN NO EVENT WILL SOFTRONICS OR ITS RESELLERS BE LIABLE TO YOU FOR ANY DAMAGES, INCLUDING ANY LOST PROFITS, LOST SAVINGS OR OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE PRODUCT EVEN IF SOFTRONICS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. U.S. GOVERNMENT RESTRICTED RIGHTS If the Program(s) and Documentation (collectively the "Software") are acquired on behalf of a unit or agency of the United States Government this provision applies. This Software: (a) was developed at private expense, and no part of it was developed with government funds, (b) is a trade secret for all purposes of the Freedom of Information Act, (c) is "commercial computer software" subject to limited utilization as provided in the contract between the vendor and the governmental entity and (d) in all respects is proprietary data belonging solely to Softronics, Inc. For units of the Department of Defense (DoD), this Software is supplied only with "Restricted Rights" as that term is defined in the DoD Supplement to the Federal Acquisition Regulations (FAR), 252.227-7013(c)(1)(ii) and: Use, duplication or disclosure by the Government is subject to restrictions as set forth in subdivision (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013. Contractor: Softronics, Inc, 5085 List Drive, Colorado Springs, Colorado 80919. Governmental personnel using this Software, other than under a DoD contract or GSA Schedule, are hereby on notice that use of this Software is subject to restricted rights which are the same as or similar to those specified above. GENERAL Softronics reserves all rights not expressly granted to LICENSEE. This Agreement shall be governed by the internal laws of the State of Colorado. © Softerm Plus Copyright 1984 through 1995 by Softronics Inc. All Rights Reserved. © Portions of this product are Copyrighted 1984 through 1995 by Network Computing Devices, Inc. All Rights Reserved. © Portions of this product are Copyrighted 1994, 1995 by Legal Information Institute. All Rights Reserved. © Portions of the imaging technology of this product are Copyrighted by Accusoft Corportaion. BY CONTINUING WITH THIS INSTALLATION, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. YOU FURTHER AGREE THAT IT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN YOU AND SOFTRONICS ("US") WHICH SUPERSEDES ANY PROPOSAL, PRIOR OR CONTEMPORANEOUS AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN US RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT. IF YOU UNDERSTAND AND AGREE TO BE BOUND BY ALL TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT, THEN SELECT "I Agree" IF YOU DO NOT UNDERSTAND OR AGREE TO BE BOUND WITH ALL TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT, THEN: 1. SELECT "Esc" 2. DELETE OR DESTROY ALL SOFTERM PLUS FILES