ToolsToo Pro for PowerPoint - Trial

END-USER LICENSE AGREEMENT

1. SOFTWARE COVERED BY THIS LICENSE. This license agreement ('Agreement') applies only to the version of the ToolsToo Pro for PowerPoint software package ('ToolsToo') with which this Agreement is included.

2. RESTRICTED TRIAL USE LICENSE. (a) Original Distribution Package Necessary. In order to qualify for the restricted trial use license described below, you must have downloaded ToolsToo in the form of an original ToolsToo distribution package as distributed by Licensor, including all files contained in such package ('Original Distribution Package'). Current Original Distribution Packages for ToolsToo are available from Licensor and Licensor-authorized ToolsToo distributors. Copies of ToolsToo not received in the form of an Original Distribution Package are not licensed for use, copying or transmission by you or others. (b) You may install and use ToolsToo for the 30-day duration of the trial license on one or more personal computers for the purpose of creating and changing Microsoft PowerPoint presentations. (c) You may not: • permit others to use this ToolsToo program unless they are properly licensed by Licensor, either under this Agreement or another agreement from Licensor. • modify, translate, reverse engineer, decompile, disassemble, or create derivative works based on, this ToolsToo program. • copy ToolsToo except as described above. • sell or license copies of ToolsToo to others. • remove any proprietary notices or labels on ToolsToo or any other Licensor software. • use ToolsToo in or for High Risk Activities (defined below) (d) All rights not expressly granted by Licensor in this Agreement are entirely and exclusively reserved to Licensor.

3. SUPPORT. ToolsToo is packaged with a comprehensive online User Guide. Hard-copy documentation and telephone assistance is not available under this license. Additional support services are limited to e-mail support. No service level agreement is implied herein and Licensor is under no obligation to correct any reported issues.

4. DISCLAIMER OF WARRANTY. LICENSOR DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU ACKNOWLEDGE AND AGREE THAT YOU HAD FULL OPPORTUNITY TO TEST TOOLSTOO BEFORE ANY LIVE, PUBLIC OR PRODUCTION USE, THAT YOU ASSUME FULL RESPONSIBILITY FOR SELECTING AND USING TOOLSTOO AND THAT IF YOU USE TOOLSTOO IMPROPERLY OR AGAINST INSTRUCTIONS, YOU CAN CAUSE DAMAGE TO YOUR FILES, SOFTWARE, DATA OR BUSINESS. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF TOOLSTOO IS BORNE BY YOU. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THE AGREEMENT. Some jurisdictions do not allow exclusions of an implied warranty, so this disclaimer may not apply to you and you may have other legal rights that vary by jurisdiction.

5. LIMITATION OF LIABILITY. IN NO EVENT SHALL LICENSOR, OR ITS MEMBERS, OFFICERS, EMPLOYEES, AFFILIATES, CONTRACTORS, SUBSIDIARIES, OR PARENT ORGANIZATIONS, BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES WHATSOEVER RELATING TO THE USE OF TOOLSTOO, FILES CREATED USING TOOLSTOO, OR YOUR RELATIONSHIP WITH LICENSOR. Some jurisdictions do not allow exclusion or limitation of liability for incidental or consequential damages, therefore the above limitation may not apply to you.

6. TITLE. Licensor owns the ToolsToo software and all other materials in this ToolsToo Original Distribution Package.

7. TERMINATION. The license will terminate automatically after 30 days from initial installation of this ToolsToo Original Distribution Package. The license will terminate immediately if you fail to comply with any of the limitations, conditions or obligations described herein. On termination, you must destroy all copies of the ToolsToo software and all other materials in this ToolsToo Original Distribution Package.

8. HIGH RISK ACTIVITIES. ToolsToo is not fault-tolerant and is not designed, manufactured or intended for use or resale as on-line control equipment in hazardous environments requiring fail-safe performance, such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines, or weapons systems, in which the failure of ToolsToo could lead directly to death, personal injury, or severe physical or environmental damage ('High Risk Activities'). Licensor and its suppliers specifically disclaim any express or implied warranty of fitness for High Risk Activities.

9. GENERAL. This Agreement constitutes the entire Agreement between the parties with respect to the subject matter herein and supersedes all previous and contemporaneous agreements, proposals and communications, written or oral between you and Licensor. Waiver by Licensor of any violation of any provision of this Agreement shall not be deemed to waive any further or future violation of the same or any other provision. If any part or provision of this Agreement is held to be unenforceable for any purpose, including but not limited to public policy grounds, then you agree that the remainder of the Agreement shall be fully enforceable as if the unenforceable part or provision never existed. There are no third party beneficiaries of any promises, obligations or representations made by Licensor herein.