LAN Tachometer License Agreement You should carefully read the following terms and conditions before running the LAN Tachometer. Running the LAN Tachometer indicates your acceptance of these terms and conditions. If you do not agree with them, you should promptly return the package. Brightwork Development, Inc. hereinafter BDI, provides this Software and licenses its use. You assume responsibility for the selection of this Software to achieve your intended results, and for the installation, use and results obtained from this Software. License You may: a: Use the software on one (1) workstation. b: Copy the software into any machine-readable or printed form for backup or modification purposes in support of your use of the program; c: Modify the Software and/or merge it into other software for your use (any portion of this software merged in other software will continue to be subject to the terms and conditions of this Agreement); and, You must reproduce and include the copyright notice on any copy, modification, or merged portion, in whole or part, except as expressly provided for in this license. If you transfer possession of any copy, modification, or merged portion of the Software to another party, your license is transferred to the new party. Terms The license is effective until terminated. You may terminate at any point by destroying the software together with all copies, modifications and merged portions in any form. Also, BDI has the option to terminate upon conditions set forth elsewhere in this Agreement or if you fail to comply with any term or condition of this Agreement. You agree upon such termination to destroy the Software together with all copies, modification, and merged portions in any form. Limited Warranty BDI warrants the diskette(s) on which the Software is furnished to be free from defects in materials and workmanship under normal use for a period of ninety (90) days from the date of delivery to you as evidenced by a copy of your receipt. EXCEPT AS SET FORTH ABOVE, THE SOFTWARE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE IS WITH YOU. SHOULD THE PROGRAM PROVE DEFECTIVE, YOU (AND NOT BDI OR AN AUTHORIZED DEALER) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. BDI DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE PROGRAM WILL BE UNINTERRUPTED OR ERROR FREE. Limitations and Remedies BDI's entire liability and your exclusive remedy shall be: 1. the replacement of any diskette not meeting "Limited Warranty" and which is returned to BDI or an authorized BDI dealer with a copy of your receipt, or 2. if BDI or dealer is unable to deliver a replacement diskette which is free from defects in materials or workmanship within 30 days from the date you report the defect, you may terminate this agreement by returning the Software. In no event will BDI be liable to you for any damages, including any lost profits, lost savings or other incidental or consequential damages arising out of the use of such software even if BDI or an authorized BDI dealer has been advised of the possibility of such damage. General You may not sublicense, assign, or transfer the license or the Software except as expressly provided in this Agreement. Any attempt otherwise to sublicense, assign or transfer any of the rights, duties, or obligations hereunder is void. This Agreement will be governed by the laws of the State of New Jersey. Should you have any questions concerning this Agreement, you may contact Brightwork Development, Inc., by writing to PO Box 8728, Red Bank, NJ 07701. 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 us which supersedes any proposal or prior agreement, oral or written, and any other communications between us relating to the subject matter.