B & E Software Engineering License Agreement B & E Software Engineering hereby grants you a non-exclusive, non- transferable license to use this product on one Central Processing Unit (CPU) only. I understand that the TECHY logo, product names, software, manuals, documentation and other materials are either patented, copyrighted, trademarked or owned by B & E Software Engineering as trade secrets or proprietary information. I agree not to remove any product identification or notices of such proprietary restrictions from B & E Software Engineering products. I agree that I will only make copies for use as archival back-up copies, and only if such copies are for my personal use. Any copying of materials or documentation is prohibited. B & E Software Engineering warrants that the magnetic media on which the enclosed computer program is recorded is free from defects in materials and workmanship under normal use. B & E Software Engineering warrants that the computer program will perform substantially in accordance with the user manual. The warranty covering the magnetic media and computer program is made only for ninety (90) days from the date of delivery of the program to me or my company as a user. I agree to return this defective item shipping prepaid during the warranty period, and B & E Software Engineering must receive it within thirty (30) days of the end of this warranty period. I agree to either insure the defective item being returned or assume the risk of loss or damage in transit. All warranty claims must be addresses to: B & E Software Engineering Eighteen 8th Street Wheeling, WV 26003 Any claim under the above warranty must include a dated proof of the date of delivery, such as a copy of my receipt or invoice. I agree to return the defective item shipping prepaid to B & E Software Engineering during the warranty period. I agree that B & E Software Engineering liability for damages to the user or others resulting from use of the computer program shall not exceed the amount of the licence fee payable to B & E Software Engineering under this Agreement. I AGREE THAT B & E Software Engineering SHALL NOT IN ANY CASE BE LIABLE FOR SPECIAL, INCIDENTAL, CONSEQUENTIAL, INDIRECT OR OTHER SIMILAR DAMAGES ARISING FROM ANY BREACH OF THESE WARRANTIES, EVEN IF B & E Software Engineering OR ITS AGENT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. This means that B & E Software Engineering is not responsible for any costs, including, but not limited to, those incurred as a result of lost profits or revenue, loss of use of the computer program, loss of data, costs of recreating lost data, the cost of any substitute program, claims by any party other than me, or for other similar costs. I understand that some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to me. I agree that any breach of one or more of the provisions of this agreement by me shall constitute an immediate termination of this agreement. Nevertheless, I agree that in the event of such termination, all provisions of this agreement which protect the rights of B & E Software Engineering will remain in force.