SOFTWARE LICENSE AGREEMENT OF ERGOSOFT ERGOSOFT, INC. ("LICENSOR") IS WILLING TO LICENSE THIS SOFTWARE (ERGOFILE) TO YOU ONLY IF YOU ACCEPT ALL OF THE TERMS IN THIS LICENSE AGREEMENT. PLEASE READ THE TERMS CAREFULLY BEFORE PRESSING THE "I ACCEPT" BUTTON, BECAUSE BY PRESSING THE "I ACCEPT" BUTTON YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THESE TERMS, LICENSOR WILL NOT LICENSE THIS SOFTWARE TO YOU, AND IN THAT CASE YOU SHOULD PRESS THE "EXIT" BUTTON. BY ACCEPTING THESE TERMS, YOU ARE AGREEING TO BE BOUND BY THE CONDITIONS WHICH APPLY TO THE SHAREWARE VERSION. YOU ARE ALSO AGREEING TO BE BOUND BY THE CONDITIONS WHICH APPLY TO THE REGISTERED VERSION SHOULD YOU DECIDE TO PURCHASE IT. ----------------------------------------------------------------------------------------------------------------------------- Terms which apply to the Shareware Version of ErgoFile. 1. ErgoFile is protected by both United States copyright law and international copyright treaty. You are granted a license to use the software on a trial basis for 30 consecutive days to determine if ErgoFile meets your needs. If you desire to continue using ErgoFile after 30 days, you must pay the registration price of $29.95 U.S. to Ergosoft, Inc. Ergosoft will then issue you a Registered Version of ErgoFile. Any use beyond the 30 day trial period, without registration, is a violation of United States copyright law. 2. You may freely copy and distribute the Shareware Version of ErgoFile, provided that it is distributed with the application and all accompanying files (including this license statement) and no money is charged for ErgoFile software and accompanying files (i.e., a fee is charged only for distribution and distribution media). ------------------------------------------------------------------------------------------------------------------------- Terms which apply to the Registered Version of ErgoFile. Restrictions on Use and Transfer 1. The Registered Version of ErgoFile is protected by both United States copyright and international copyright treaty provisions. Therefore, you must treat ErgoFile just like a book, except that you may copy it onto a computer to be used and you may make archival copies of ErgoFile for the sole purpose of backing up our software and protecting your investment from loss. By saying, "just like a book", Ergosoft means, for example, that ErgoFile may be used by any number of people, and may be freely moved from one computer location to another, so long as there is NO POSSIBILITY of it being used at one location (i.e. computer) while it is being used at another or on a computer network by more than one user at one location. You may install the Software on a single network server, provided that you have a License for Network Station from Licensor for each station of the network at which the Software is used. Limited Warranty 2. Licensor warrants that the Software will perform substantially in accordance with the accompanying written materials for a period of 90 days from the date of your receipt of the Software. Any implied warranties on the Software are limited to 90 days. Some states do not allow limitations on duration of an implied warranty, so the above limitation may not apply to you. ------------------------------------------------------------------------------------------------------------------------- Terms and Conditions which apply to both the Shareware and Registered Versions of ErgoFile. Ownership of the Software 1. The enclosed Licensor software program ("Software") and the accompanying written materials are owned by Licensor [or its suppliers] and are protected by United States copyright laws, by laws of other nations, and by international treaties. 2. This license is valid only for use within the United States ofAmerica and its territories. Restrictions on use 3. You may not reverse engineer, decompile, or disassemble the Software. Limitations on Warranty 4. LICENSOR DISCLAIMS ALL OTHER WARRANTIES, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON- INFRINGEMENT, WITH RESPECT TO THE SOFTWARE AND THE ACCOMPANYING WRITTEN MATERIALS. This limited warranty gives you specific legal rights. You may have others, which vary from state to state. 5. LICENSOR'S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY SHALL BE, AT LICENSOR'S CHOICE, EITHER (A) RETURN OF THE PRICE PAID OR (B) REPLACEMENT OF THE SOFTWARE THAT DOES NOT MEET LICENSOR'S LIMITED WARRANTY AND WHICH IS RETURNED TO LICENSOR WITH A COPY OF YOUR RECEIPT. Any replacement Software will be warranted for the remainder of the original warranty period or 30 days, whichever is longer. These remedies are not available outside the United States of America. 6. This Limited Warranty is void if failure of the Software has resulted from modification, accident, abuse, or misapplication. 7. IN NO EVENT WILL LICENSOR BE LIABLE TO YOU FOR DAMAGES, INCLUDING ANY LOSS OF PROFITS, LOST SAVINGS, OR OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF YOUR USE OR INABILITY TO USE THE SOFTWARE. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. 8. This Agreement is governed by the laws of the State of Virginia. 9. If you have any questions concerning this Agreement or wish to contact Licensor for any reason, please write: Ergosoft, Inc. P.O. Box 5433 Herndon, VA 22070 10. U.S. Government Restricted Rights. The Software and documentation are provided with Restricted Rights. Use, duplication, or disclosure by the Government is subject to restrictions set forth in subparagraph (c)(1) of The Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1)(ii) and (2) of Commercial Computer Software - Restricted Rights at 48 CFR 52.227-19, as applicable. Supplier is Ergosoft, Inc., P.O. Box 5433 , Herndon, VA, 22070