License Himalaya Software's License Agreement and Limited Warranty Copyright (c) 1993, Himalaya Software, All Rights Reserved. Introduction __________________________________________________________________ Introduction This agreement explains when and how you may use both shareware and registered copies of software products from Himalaya Software. In this agreement: * Program means the Himalaya Software software products(s) you have purchased or obtained for evaluation, including both the software and the associated documentation and other materials; * Shareware Copy means a copy of the Program distributed by us for evaluation purposes and which is described as a shareware copy in the Program's sign-on messages; * Registered Copy means a copy of the Program purchased from us, and which is not described as a shareware copy in the Program's sign-on messages; * we or us means Himalaya Software, a corporation based in Pijnacker, The Netherlands; and * you means the end user of the Program. Legal Agreement This is a legal agreement which allows you, the end user, to use the Program under certain terms and conditions. If you cannot agree to abide by what this agreement says you should not use or evaluate the Program. 1. Copyright The Program is fully protected by copyright under Dutch law and international treaty provisions. 2. Evaluation Period You may use a Shareware Copy of the Program for an evaluation period of up to 21 days, in order to determine whether the program meets your needs before purchasing it. Once the evaluation period ends, you agree to either purchase a Registered Copy of the Program, or to stop using it. If you have ordered a Registered Copy of the Program from us, you may continue to use your Shareware Copy until your Registered Copy arrives. __________________________________________________________________ Himalaya Software's License Agreement 1 Legal Agreement __________________________________________________________________ 3. Use of the Program While you are evaluating the Program, you may use it on as many computers as are required to perform your evaluation. Your 21-day evaluation period begins when you first install the Program on one or more computers for evaluation purposes. Once the evaluation period is over and you purchase the program, your use is subject to the following restrictions: A. You agree not to install or use any individual copy of the Program on more than one computer at a time. This does not permit you to: (a) use the software on a network, (b) rent or lease the software, (c) reverse-engineer, decompile, disassemble, or otherwise modify the software, (d) copy the software except to make a single copy for archival purposes or to transfer the software to a fixed disk. (If the Program was purchased by your employer you agree to get your employer's explicit permission before installing the Program on multiple computers as described above.) B. If you purchased additional licenses for the Program you agree not to install or use it on more computers than the number included in your license, as shown on your invoice, the program sign-on screen, or other documents from us. 4. Making and Distributing Shareware Copies of the Program You may make copies of your Shareware Copy of the Program to give to others, as long as you include all of the files that you originally received with your Shareware Copy. When you give a Shareware Copy of the Program to another person, you agree to inform them that their copy is to be used for a time limited evaluation period, and that they must purchase a Registered Copy if they continue to use the Program once the evaluation period has ended. You agree not to sell Shareware Copies of the Program or distribute them to others for any kind of compensation or fee. 5. Copying Registered Copies of the Program When you receive a Registered Copy of the Program you may make copies of the Program software which are necessary for normal backup purposes. You agree not to make any other copies of the software, the manual(s), or any part of them, or sell or give any copies to others, without our advance written permission. __________________________________________________________________ 2 (c) 1993 Himalaya Software Limited Warranty __________________________________________________________________ 6. Operation of the Program The Program offers powerful capabilities. If you do not follow our instructions, or if you use the Program improperly, you can destroy files or cause other damage to your software and data. You assume full responsibility for the selection and use of the Program to achieve your intended results. Limited Warranty The following limited warranty applies to Registered Copies of the Program. It is included here so you understand what your warranty will be when you purchase a Registered Copy. This warranty does NOT apply to Shareware Copies of the Program. 7. Physical Defects We pledge that the disks and manuals we send you will arrive free of physical defects which interfere with normal use. If you find such a defect and report it to us within 90 days after you purchase the Program, we agree to replace the defective item(s) at no charge to you as long as the defect was not caused by misuse or abuse. After 90 days, the media may be replaced at a a reasonable service charge. 8. Bugs and Program Errors We don't promise that the Program will be free of bugs or program errors. If you report a program error or bug to us, we will use our best efforts to correct it. If we issue a maintenance release for the Program which includes a correction for an error you reported, we will send you a copy of that maintenance release at no charge if you request it. We will only do this for maintenance releases, not for new major releases or other new versions of the Program. 9. Satisfaction Guarantee If you are dissatisfied with any product you buy from us under this Agreement for any reason, you may return it at any time up to 90 days after purchase and we will give you a full refund. Refunds will be based on the price you paid, less shipping costs. You must contact us before returning any product for a refund. This satisfaction guarantee does not apply to additional licenses for more than 5 computers, or to purchases of more than 5 individual copies at one time. __________________________________________________________________ Himalaya Software's License Agreement 3 Disclaimers and Limitations __________________________________________________________________ Disclaimers and Limitations And now the legal language we couldn't avoid: DISCLAIMER FOR SHAREWARE COPIES. YOU ARE NOT PAYING FOR THE TRIAL USE LICENSE FOR YOUR SHAREWARE COPY OF THE PROGRAM. ACCORDINGLY THE SHAREWARE COPY IS PROVIDED "AS-IS" AND WITHOUT WARRANTY OF ANY KIND. DISCLAIMER FOR REGISTERED COPIES. EXCEPT FOR THE LIMITED WARRANTY STATED ABOVE, WE DISCLAIM ANY AND ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, ORAL OR WRITTEN, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE LIMITED WARRANTY ABOVE GIVES YOU SPECIFIC LEGAL RIGHTS, BUT YOU MAY HAVE OTHER RIGHTS, WHICH VARY FROM COUNTRY TO COUNTRY. LIMITATION OF LIABILITY. IN NO EVENT SHALL WE BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES WHATSOEVER ARISING OUT OF USE OF THE PROGRAM OR YOUR RELATIONSHIP WITH US. SOME COUNTRIES DO NOT ALLOW EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE THE ABOVE LIMITATION MAY NOT APPLY TO YOU. __________________________________________________________________ 4 (c) 1993 Himalaya Software