'--------- | ------------------- Improving Your Efficiency ' .~. .~. |.~. Andrew P. Holupka ' (__|/|__)/| |/ 4850 White Cloud Rd ' | Leechburg, PA 15656 PROGRAM: VB 4-to-3 VERSION: 9610 (Shareware Version) SOFTWARE LICENSE AGREEMENT This is an Agreement between you, the USER and/or VENDOR, and Andrew P. Holupka, the DEVELOPER, pertaining to the ownership, use and distribution of VB 4-to-3, the SOFTWARE. By using and/or distributing the SOFTWARE, you acknowledge that you understand and agree to be bound by the terms of this Agreement. 1. DEFINITIONS For purposes of this Agreement and at any time during the term of this Agreement, the following terms shall have the meanings indicated: A. The term "SOFTWARE" shall mean all of the files listed in, and including, the PACKING.LST file. B. The term "USE" shall mean loading or running the SOFTWARE, or placing or copying the SOFTWARE onto a hard disk or other storage medium. C. The term "USER" shall mean any party who uses the SOFTWARE. D. The term "COMMERCIALLY DISTRIBUTE" shall mean to distribute the SOFTWARE for money or other considera- tions. It includes distributing the SOFTWARE on any medium to include floppy disks and CD-ROMs, bundling the SOFTWARE with hardware, or distributing the SOFTWARE in a retail environment (such as on a rack). E. The term "VENDOR" shall mean any independent sales organization, distributor, retail store or other entity that commercially distributes, or attempts to commercially distribute, the SOFTWARE. F. The term "PERIOD OF EVALUATION" shall refer to a period of thirty (30) days from first use. The SOFTWARE may not be used after this period unless the SOFTWARE is registered. The SOFTWARE can only be registered with DEVELOPER, or DEVELOPER's empowered agents, as described in the REGISTER.TXT file. 2. GRANT OF LICENSE DEVELOPER grants to you the right to use the SOFTWARE during a period of evaluation and according to the terms of this Agreement. You shall not use, copy, rent, lease, distribute, sell, sublicense or transfer the SOFTWARE except as provided by this Agreement. You shall not modify, reverse engineer, decompile, translate, disassemble or create derivative works based upon the SOFTWARE. You agree that the SOFTWARE will not be shipped, transferred or exported into any country in violation of the U.S. Export Administration Act and that you will not utilize, in any other manner, the SOFTWARE in violation of any applicable law. 3. OWNERSHIP AND COPYRIGHT This SOFTWARE is owned by DEVELOPER and is protected by United States copyright laws and international treaty provisions. You must treat the SOFTWARE just like any other copyrighted material with the following provisions and exceptions in sections 3A and 4 of this Agreement. Except as expressly licensed by DEVELOPER, DEVELOPER has and reserves the exclusive copyright and all other rights, titles and interests in the SOFTWARE. A. USERS may make copies of the SOFTWARE to give to others as long as all files originally distributed with the SOFTWARE by DEVELOPER are included without modification, no files are added to the SOFTWARE and the SOFTWARE is not commercially distributed. 4. COMMERCIAL DISTRIBUTION The SOFTWARE may not be commercially distributed without receiving DEVELOPER's prior written consent as described in the VENDOR.TXT file. Upon receiving written consent from DEVELOPER, VENDORS are granted a non-exclusive license to commercially distribute the SOFTWARE subject to the following conditions: A. The SOFTWARE is identified as shareware and you explain the shareware concept. Shareware is "try before you buy" and fees delivered to VENDORS are for distribution only. B. All of the files originally distributed with the SOFTWARE by DEVELOPER must be included without modification. Other than installation routines, no other programs may be included with the SOFTWARE. C. You make every effort to distribute the current version of the SOFTWARE and may not distribute the SOFTWARE for more than eight (8) US dollars. D. You must include on the distribution media and any packaging and documentation the following: the word "SHAREWARE" and your name, address and phone number. 5. DISCLAIMER OF WARRANTY THIS SOFTWARE IS PROVIDED "AS-IS". DEVELOPER MAKES NO EXPRESS OR IMPLIED WARRANTIES OF ANY KIND CONCERNING THE MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THIS SOFTWARE. IT IS THE SOLE RESPONSIBILITY OF THE USER TO DETERMINE THE SUITABILITY OF THE SOFTWARE FOR ANY PURPOSE. IN NO EVENT SHALL DEVELOPER OR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION OR DELIVERY OF THE SOFTWARE BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR OTHER DAMAGES RESULTING FROM THE USE OF THE SOFTWARE, EVEN AFTER NOTICE OF THE POSSIBILITY OF SUCH DAMAGES. ADDITIONAL STATEMENTS SUCH AS VENDOR ADVERTISING OR PRESENTATIONS, WHETHER ORAL OR WRITTEN, DO NOT CONSTITUTE WARRANTIES AND SHOULD NOT BE RELIED UPON. 6. MISCELLANEOUS PROVISIONS A. This Agreement constitutes the entire understanding and agreement between you and DEVELOPER and supersedes any and all prior or contemporaneous oral or written communications with respect to the subject matter hereof, all of which are merged herein. B. In the event that any provision hereof is found invalid or unenforceable pursuant to judicial decree or decision, the remainder of the Agreement shall remain valid and enforceable according to its term. If any provision is determined to be unenforceable, you agree to a modification of such provision to provide for enforcement of the provision's intent, to the extent permitted by applicable law. Without limiting the foregoing, it is expressly understood and agreed that each provision of this Agreement which provides for a limitation liability, disclaimer of warranties or exclusion of damages shall be severable and independent of any other such provision and enforceable as such. Further, it is expressly understood and agreed that in the event any remedy hereunder is determined to have failed in its essential purpose, all limitations of liability and exclusions of damages set forth herein shall remain in effect. C. Failure of a party to enforce any provision of this Agreement shall not constitute or be construed as a waiver of such provision or of the right to enforce such provision. D. TERM: If you fail to comply with any of the terms of this Agreement, your license shall be immediately and automatically terminated. Further, this license may be terminated by DEVELOPER by giving a thirty (30) day advance written notice. Upon termination, you must discontinue use or distribution of the SOFTWARE and return the SOFTWARE to DEVELOPER. E. CURRENT VERSION: All previous versions of the SOFTWARE have been withdrawn from shareware. This version of the SOFTWARE replaces any previous version. F. With respect to every matter arising under this, you consent to the exclusive jurisdiction and venue of the state and federal courts sitting in the immediate locale of DEVELOPER and to service by certified mail, return receipt requested, or as otherwise permitted by law. 9610 email: aph@slip.net aph