License Agreement for WSTBar Internet Toolbar ----------------------------------------------------------------------- PLEASE FEEL FREE TO 1) UPLOAD THIS SOFTWARE TO ANY ELECTRONIC BULLETIN BOARD, 2) DEMONSTRATE THE SOFTWARE AND ITS CAPABILITIES OR 3) GIVE COPIES TO POTENTIAL USERS, SO THAT OTHERS MAY HAVE THE OPPORTUNITY TO OBTAIN A COPY FOR USE IN ACCORDANCE WITH THE LICENSE TERMS OUTLINED IN THIS FILE. *** NOTICE TO USERS ("COMPANY","INSTITUTION","GOVERNMENT") *** WSTBar will now be referred to as "Software" and the Company, Institution, or Government will now be referred to as the "User". CAREFULLY READ THE FOLLOWING LEGAL AGREEMENT. USER OF THIS SOFTWARE IS CONDITIONED UPON COMPLIANCE WITH THE TERMS OF THIS AGREEMENT. THE SOFTWARE MAY BE EVALUATED FOR 15 DAYS ON A ROYALTY FREE BASIS. CONTINUED USE AFTER EVALUATION IS CONDITIONED UPON PAYMENT OF THE NEGOTIATED LICENSE FEE. This license authorizes the User to ise the number of copies described in the confirmation letter from Joel A. Gerber and for which the User has paid Joel A. Gerber the negotiated license fee. GENERAL TERMS ------------- COPYRIGHT. The Software is protected by United States copyright laws and international treaty provisions. User acknowledges that no title to the intellectual property in the Software is transferred to the User. User further ackownledges that full ownership rights to the Software will remain the exclusive property of Joel A. Gerber. User agrees that any copies of the Software made by the User will contain the same proprietary notices which appear on and in the Software. REVERSE ENGINEERING. User agrees that it will not attempt, and will use their best efforts to prevent its employees from attempting to reverse compile, modify, translate or disassemble the Software in whole or in part. LIMITED WARRANTY. Joel A. Gerber warrants that the Software will perform substantially in accordance with the accompanying documentation for a period of ninety (90) days from the date Joel A. Gerber receives payment. REMEDIES. If the Software does not conform to the limited warranty above, Joel A. Gerber entire liability and the User's sole and exculsive remedy shall be, at Joel A. Gerber's option, either to 1) correct the error, 2) help User work around or avoid the error or 3) authorize a refund, so longs as the Software is destroyed by the User. The limited warranty is void if failure of the Software has resulted from accident, abuse, or misapplication. Any replacement Software will be warranted for the remainder of the original limted warranty. NO OTHER WARRANTIES. JOEL A. GERBER DOES NOT WARRANT THAT THE SOFTWARE IS ERROR FREE. JOEL A. GERBER DISCLAIMS ALL OTHER WARRANTIES WITH THE RESPECT TO THE SOFTWARE, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT OF THIRD PARTY RIGHTS. NO LIABILITY FOR CONSEQUENTIAL DAMAGES. IN NO EVENT SHALL JOEL A. GERBER BE LIABLE FOR CONSEQUENTIAL, INCIDENTIAL OR INDIRECT DAMAGES OF ANY KIND ARISING OUT OF THE DELIVERY, PERFORMANCE OR USER OF THE SOFTWARE, EVEN IF JOEL A. GERBER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL JOEL A. GERBER'S LIABILITY FOR ANY CLAIM, WHETHER IN CONTRACT, TORY OR ANY OTHER THEORY OF LIABILITY, EXCEED THE LICENSE FEE PAID BY THE USER.