LICENSE AGREEMENT

YOUR USE OF THS SOFTWARE IS GOVERNED BY THE FOLLOWING TERMS AND CONDITIONS

ACCEPTANCE OF LICENSE AGREEMENT

You should carefully read the following terms and conditions before using FolderSizes (the "Software"). Unless you have a different license agreement signed by Key Metric Software, your use of this software indicates your agreement to these terms and conditions. If you do not accept all of these terms and conditions, you must cease using the Software immediately.

COPYRIGHT

Customer acknowledges that the Software and accompanying user documentation ("Documentation") are copyrighted works owned by Key Metric Software and that Customer has no rights in the foregoing except as expressly granted herein.

DISCLAIMER OF WARRANTY

The Software is distributed on an "as is" basis without warranties of any kind, either express or implied, including but not limited to warranties of title, non-infringement or implied warranties of merchantability or fitness for a particular purpose or otherwise. Neither the author nor anyone else involved in creating, producing, or delivering the software shall be liable for any direct, indirect, incidental, special or consequential damages arising out of use of the service or inability to use the service or out of any breach of any warranty or any damages whatsoever resulting from loss of use, data or profits, whether in an action based upon contract, negligence or other tortious conduct, arising out of or in connection with the use or performance of the software.

LIMITATION OF LIABILITY

You assume the entire risk as to the quality and performance of the Software. Key Metric Software assumes no liability for the cost of any service or repair if the Software is defective.

Under no circumstances and under no legal theory, tort, contract, strict liability, or otherwise, shall key metric software or its licensors, suppliers or resellers be liable to you or any other person for any indirect, special, incidental, or consequential damages of any character including, without limitation, damages for lost profits, loss of goodwill, work stoppage, computer failure or malfunction, or any and all other commercial damages or losses. This limitation of liability shall not apply to liability for death or personal injury to the extent applicable law prohibits such limitation. Furthermore, some states do not allow the exclusion or limitation of incidental or consequential damages, so this limitation and exclusion may not apply to you.

FREE 15-DAY TRIAL

This is not free software. Key Metric Software hereby grants you a non-exclusive, non-transferable, limited license to use the Software free of charge for a period of fifteen (15) days. Use of the Software beyond the fifteen-day (15-day) trial period requires the purchase of a License Key as described below. Use of the Software beyond the fifteen-day (15-day) trial period without purchase of a License Key is a violation of U.S. and international copyright laws.

LICENSE KEY

A unique key that will allow you to use the Software beyond the fifteen-day (15-day) free trial period ("License Key") may be purchased from the Software product website (http://www.foldersizes.com). A License Key may be purchased for single or multiple users, all users at a named site, or an entire enterprise. A price list on the product website details pricing for all license options. Upon purchase of a License Key, Key Metric Software hereby grants you a non-exclusive, non-transferable license to use the Software as follows:
- Single-User License Key: A Single-User License Key may be purchased for a specific quantity of users. With a valid single-user license, one user may install and use the Software on a single computer. If you later want to install the Software on a different computer, you must first remove the Single-User License Key from the previous installation, or purchase additional licenses.
- Site License Key: An unlimited user, single-location License Key may be used at Customer locations within a 100-mile radius of the site identified by the address indicated during the License Key purchase process (the "Site"), by any and all of Customer's employees while personally present at the Site. This license is likewise granted to Customer's employees who typically work at the Site, while performing Customer work at other locations such as client locations or home. Customer shall have the right to sublicense its rights under this License Agreement to third party consultants that it retains to perform information technology functions (each, an "Onsite Consultant"), while personally present at the Site to use the Software solely for Customer's internal business operations and benefit, and for no other purpose whatsoever. Customer shall ensure that such Onsite Consultant complies with the terms of this License Agreement and will be responsible for any breach by such Onsite Consultant.
- Enterprise License Key: An enterprise-wide ("Enterprise") License Key may be used world-wide, by any and all of Customer's employees. Customer shall have the right to sublicense its rights under this License Agreement to third party consultants that it retains to perform information technology functions (each, an "Enterprise Consultant"), while personally present at any Customer location to use the Software solely for Customer's internal business operations and benefit, and for no other purpose whatsoever. Customer shall ensure that such Enterprise Consultant complies with the terms of this License Agreement and will be responsible for any breach by such Enterprise Consultant.

TERM AND TERMINATION

You may continue to use the Software for as long as you comply with the terms and conditions of this License Agreement. Key Metric Software may terminate this License Agreement immediately upon notice to you in the event that Key Metric Software has reason to believe you have breached this License Agreement. Upon termination, you shall immediately cease all use of the Software and Documentation and shall not be entitled to a refund of any fees paid.

DISTRIBUTION

The evaluation version of this software product can be redistributed freely as long as all of its components (e.g. executables, documentation, etc.) remain unmodified. You are free to redistribute the evaluation version of this software via physical media or electronically. There is no fee associated with the redistribution of the evaluation version of this software.

You may not charge or request donations for evaluation copies of this software without prior written permission from Key Metric Software.