End-User License Agreement For
Northwest Performance Software, Inc. SOFTWARE

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Northwest Performance Software, Inc. All rights reserved.

IMPORTANT--READ CAREFULLY: This End-User License Agreement (EULA) is a legal agreement between you (either an individual or a single entity) and Northwest Performance Software, Inc. (NWPSW) for the NWPSW software accompanying this EULA, which includes the accompanying computer software, and may include associated media, printed materials and any 'online' or electronic documentation ('SOFTWARE PRODUCT'). By installing the SOFTWARE PRODUCT, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, do not install or use the SOFTWARE PRODUCT; you may, however, return it to your place of purchase for a full refund.

Be sure to carefully read and understand all of the rights and restrictions described in this Northwest Performance Software, Inc. EULA. You will be asked to review and either accept or not accept the terms of the EULA. This software will not install on your computer unless or until you accept the terms of this EULA.

BY INSTALLING THIS SOFTWARE PRODUCT, YOU ACCEPT THE TERMS OF THIS EULA. If this EULA is viewed during the running of the installation program, your click of the 'yes' button is a symbol of your signature that you accept the terms of the EULA.

The following license agreement contains sections explicitly marked for TRIAL USE users and REGISTERED VERSION users. If you are evaluating this software, then the TRIAL USE sections apply to you. Users who have purchased this software are additionally bound by the terms of the REGISTERED VERSION sections. ALL OTHER SECTIONS NOT EXPLICITLY MARKED APPLY TO ALL USERS.

For your reference, you may refer to the copy of this EULA that can be found in the license.txt file of this SOFTWARE PRODUCT. You may also receive a copy of this EULA by contacting Northwest Performance Software, Inc.

SOFTWARE PRODUCT LICENSE

The SOFTWARE PRODUCT is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The SOFTWARE PRODUCT is licensed, not sold.

1. GRANT OF LICENSE. This EULA grants you the following rights:

Applications Software--TRIAL USE. NWPSW grants to you the right to use one copy of the SOFTWARE PRODUCT on a single computer for evaluation purposes during a Trial Usage Period not to exceed thirty (14) days. If you want to continue using this software after the Trial Usage Period, you MUST make a registration/purchase payment to Northwest Performance Software, Inc. or its authorized representatives. Using this software after the Trial Usage Period without purchasing the software is a violation of the terms of this limited license.
Applications Software--REGISTERED VERSION. You may install and use one copy of the SOFTWARE PRODUCT on a single computer.
Storage/Network Use. You may also store or install a copy of the SOFTWARE PRODUCT on a storage device, such as a network server, used only to install or run the SOFTWARE PRODUCT on your other computers over an internal network; however, you must acquire and dedicate a license for each separate computer on which the SOFTWARE PRODUCT is installed or run from the storage device. A license for the SOFTWARE PRODUCT may not be shared or used concurrently on different computers.
Reservation of Rights. All rights not expressly granted are reserved by NWPSW.

2. DESCRIPTIONS OF OTHER RIGHTS AND LIMITATIONS.

Limitations on Reverse Engineering, Decompilation, and Disassembly. You may not reverse engineer, decompile, or disassemble the SOFTWARE PRODUCT, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
Separation of Components. The SOFTWARE PRODUCT is licensed as a single product. Its component parts may not be separated for use on more than one computer.
Trademarks. This EULA does not grant you any rights in connection with any trademarks or service marks of NWPSW.
Rental. You may not rent, lease or lend the SOFTWARE PRODUCT.
Support Services. NWPSW may provide you with support services related to the SOFTWARE PRODUCT ('Support Services'). Use of Support Services is governed by the NWPSW policies and programs described in the user manual, in 'online' documentation, and/or other NWPSW-provided materials. Any supplemental software code provided to you as a part of Support Services shall be considered part of the SOFTWARE PRODUCT and subject to the terms and conditions of this EULA. With respect to technical information you provide to NWPSW as part of the Support Services, NWPSW may use such information for its business purposes, including for product support and development. NWPSW will not utilize such technical information in a form that personally identifies you.
Software Transfer. You may permanently transfer all of your rights under this EULA, provided you retain no copies, you transfer all of the SOFTWARE PRODUCT (including all component parts, the media and printed materials, any upgrades, this EULA and, if applicable, the Certificate of Authenticity), and the recipient agrees to the terms of this EULA. If the SOFTWARE PRODUCT portion is an upgrade, any transfer must include all prior versions of the SOFTWARE PRODUCT.
Termination. Without prejudice to any other rights, NWPSW may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must destroy all copies of the SOFTWARE PRODUCT and all of its component parts.

3. UPGRADES. If the SOFTWARE PRODUCT is labeled as an upgrade, you must be properly licensed to use a product identified by NWPSW as being eligible for upgrade in order to use the SOFTWARE PRODUCT. A SOFTWARE PRODUCT labeled as an upgrade replaces and/or supplements the product that formed the basis for your eligibility for the upgrade. You may use the resulting upgraded product only in accordance with the terms of this EULA. If the SOFTWARE PRODUCT is an upgrade of a component of a package of software programs that you licensed as a single product, the SOFTWARE PRODUCT may be used and transferred only as part of that single product package and may not be separated for use on more than one computer.

4. COPYRIGHT. All title and copyrights in and to the SOFTWARE PRODUCT (including but not limited to any images, photographs, animations, video, audio, music, text and 'applets,' incorporated into the SOFTWARE PRODUCT), the accompanying printed materials, and any copies of the SOFTWARE PRODUCT, are owned by NWPSW or its suppliers. All title and intellectual property rights in and to the content which may be accessed through use of the SOFTWARE PRODUCT is the property of the respective content owner and may be protect by applicable copyright or the intellectual property laws and treaties. This EULA grants you no rights to use such content. If this SOFTWARE PRODUCT contains documentation which is provided only in electronic form, you may print one copy of such electronic documentation. You may not copy the printed materials accompanying the SOFTWARE PRODUCT.

4a. TRIAL USE COPYRIGHT ADDENDUM - NO PUBLIC DOWNLOADING PERMITTED 'Unregistered' trial versions of the SOFTWARE shall NOT be uploaded to World Wide Web Software repositories or CDROM collections for the purpose of public download and distribution to other users without the written consent of NWPSW.

5. U.S. GOVERNMENT RESTRICTED RIGHTS. The SOFTWARE PRODUCT and documentation are provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software—Restricted Rights at 48 CFR 52.227-19, as applicable. Manufacturer Northwest Performance Software, Inc./PO BOX 1375/Sequim, WA 98382-1375.

6. EXPORT RESTRICTIONS. You agree that neither you nor your customers intend to or will, directly or indirectly, export or transmit the SOFTWARE PRODUCT or related documentation and technical data to any country to which such export or transmission is restricted by any applicable U.S. regulation or statute, without the prior written consent, if required, of the Bureau of Export Administration (BXA) of the U.S. Department of Commerce, or such other governmental entity as may have jurisdiction over such export or transmission. You warrant and represent that neither the BXA nor any other U.S. federal agency has suspended, revoked, or denied your export privileges.

7. GOVERNING LAW. If you acquired the SOFTWARE in the United States of America, the laws of the State of Washington, U.S.A will apply to this contract. If this product was acquired outside the United States, then local law may apply.

8. QUESTIONS. Should you have any questions, or if you desire to contact NWPSW for any reason, please write: Northwest Performance Software, Inc./PO Box 1375/Sequim, WA 98382-1375.

WARRANTY INFORMATION

DISCLAIMER OF WARRANTIES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NWPSW AND ITS SUPPLIERS PROVIDE THE SOFTWARE “AS IS” AND WITH ALL FAULTS, AND HEREBY DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, WITH REGARD TO THE SOFTWARE PRODUCT, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION.

LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL NWPSW OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR ANY INJURY TO PERSON OR PROPERTY, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE PRODUCT OR THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IF NWPSW HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, NWPSW’S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS EULA SHALL BE LIMITED TO THE GREATER OF THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE PRODUCT OR U.S. $5.00. BECAUSE SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

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