TAYLORED SOFTWARE 컴컴컴컴컴컴컴컴컴� VBZAPPER 컴컴컴컴 MAY 20, 1995 컴컴컴컴컴컴 SHRINK-WRAP LICENSE AGREEMENT FOR VBZAPPER 컴컴컴컴컴컴컴컴컴컴컴컴컴컴컴컴컴컴컴컴컴컴컴컴컴컴� READ THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT CAREFULLY BEFORE INSTALLING THE PROGRAM (VBZAPPER), THE COMPUTER SOFTWARE THEREIN, AND THE ACCOMPANYING USER DOCUMENTATION (THE "PROGRAM"). THE PROGRAM IS COPYRIGHTED AND LICENSED (NOT SOLD). BY OPENING THE PACKAGE CONTAINING THE PROGRAM OR INSTALLING THE PROGRAM, YOU ARE ACCEPTING AND AGREEING TO THE TERMS OF THIS LICENSE AGREEMENT. THIS LICENSE AGREEMENT REPRESENTS THE ENTIRE AGREEMENT CONCERNING THE PROGRAM BETWEEN YOU AND JONATHAN B. TAYLOR of TAYLORED SOFTWARE.(HEREINAFTER REFERRED TO AS THE "LICENSOR"), AND IT SUPERSEDES ANY PRIOR PROPOSAL, REPRESENTATION, OR UNDERSTANDING BETWEEN THE PARTIES. 1. License Grant. LICENSOR hereby grants to you, and you accept, a non-exclusive license to use the Program or Program Diskettes and the computer programs contained therein (collectively referred to as the "Software"), and the accompanying User Documentation, only as authorized in this License Agreement. The Software may be installed on no more than one computer at one time by the licensee and may be executed on only one of such computer at any moment in time. The computer must be owned, leased, or otherwise controlled by you; or in the event of the inopperability of that computer, on a backup computer selected by you. Neither concurrent use on two or more computers nor use in a local area network or other network is permitted without separate written authorization and the payment of additional site license fees. Further more You agree that you will not assign, sublicense, transfer, pledge, lease, rent, re-sell, or share your rights under this License Agreement. 2. Upon loading the Software into your computer, you may retain the Program Diskettes for backup purposes. In addition, you may make one copy of the Software on a second set of diskettes (or on cassette tape) for the purpose of backup in the event the Program Diskettes are damaged or destroyed. Any such copies of the Software shall include Licensor's copyright and other proprietary notices. Except as authorized under this paragraph, no copies of the Program or any portions thereof may be made by you or any person under your authority or control. The only exception to the above is made in the event the shareware distribution version of the program containing all of the files originally distributed by the licensee/author is made available on a BBS or on-line service. 3. Licensor's Rights. You acknowledge and agree that the Software is a proprietary product of LICENSOR protected under U.S. copyright law. You further acknowledge and agree that all right, title, and interest in and to the Program, including associated intellectual property rights, are and shall remain with LICENSOR. This License Agreement does not convey to you an interest in or to the Program, but only a limited right of use revocable in accordance with the terms of this License Agreement. 4. License Fees.The license fees paid by you are paid in consideration of the license granted under this License Agreement. 5. Term. This License Agreement is effective upon your opening of this package or installing the software and shall continue until terminated. You may terminate this License Agreement at any time by deleting the Program from all systems where it is installed and destroying all copies thereof. LICENSOR may terminate this License Agreement upon the breach by you of any term hereof. Upon such termination by LICENSOR, you agree to return to LICENSOR the Program and all copies and portions thereof. 6. Limited Warranty for REGISTERED COPIES. The LICENSOR warrants, for your benefit alone, for a period of 60 days from the date of commencement of this License Agreement (referred to as the "Warranty Period") that the Program Diskettes in which the Software is contained are free from defects in material and workmanship. LICENSOR further warrants, for your benefit alone, that during the Warranty Period the Program shall operate generally and substantially in accordance with the functional specifications in the HELP files. If during the Warranty Period, a defect in the Program appears, you may return the Program to LICENSOR for either replacement or, if so elected by LICENSOR, refund of amounts paid by you under this License Agreement. You agree that the foregoing constitutes your sole and exclusive remedy for breach by LICENSOR of any warranties made under this Agreement. EXCEPT FOR THE WARRANTIES SET FORTH ABOVE, THE PROGRAM, AND THE SOFTWARE CONTAINED THEREIN, ARE LICENSED "AS IS," AND LICENSOR DISCLAIMS ANY AND ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. 7. Limitation of Liability. Licensor's cumulative liability to you or any other party for any loss or damages resulting from any claims, demands, or actions arising out of or relating to this Agreement shall not exceed the license fee paid to LICENSOR for the use of the Program. In no event shall LICENSOR be liable for any indirect, incidental, consequential, special, or exemplary damages or lost profits, even if LICENSOR has been advised of the possibility of such damages. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. 8. Governing Law. This License Agreement shall be construed and governed in accordance with the laws of the State of Texas. 9. Costs of Litigation. If any action is brought by either party to this License Agreement against the other party regarding the subject matter hereof, the prevailing party shall be entitled to recover, in addition to any other relief granted, reasonable attorney fees and expenses of litigation. 10. Severability. Should any term of this License Agreement be declared void or unenforceable by any court of competent jurisdiction, such declaration shall have no effect on the remaining terms hereof. 11. No Waiver. The failure of either party to enforce any rights granted hereunder or to take action against the other party in the event of any breach hereunder shall not be deemed a waiver by that party as to subsequent enforcement of rights or subsequent actions in the event of future breaches. 12. Grant of license. TAYLORED SOFTWARE Grants you the right to use only one copy of the software program, libraries, Databases and all utilities and furnished program files on a single computer at any one given time. 13. Copyrighted Material. The software program & libraries and utilities are owned by TAYLORED SOFTWARE and are protected by United States copyright laws and international treaty provisions. Therefore, you must treat the software like any other copyrighted material. 14. Other Restrictions. You may not reverse engineer, decompile, disassemble, reassemble or modify in any way shape or form any one or all of the TAYLORED SOFTWARE FILES UNDER PENALTY OF LAW. 15. The VBZAPPER Program along with WINDOWS will enable you to generate program files that include in them ASCII, database, reference, and program ZIP files for WINDOWS and other programing language files, and other associated files. This Software License Agreement grants you the right the use of the VBZAPPER software for developing your programs provided that the programs that you are distributing are not in like form nor competitive nor in competition with or a substitute for the TAYLORED SOFTWARE VBZAPPER program files as this is a copyrighted set of programs and materials. 16. TAYLORED SOFTWARE makes no warranty of any kind with regard to the merchantability, performances and fitness of the software for a particular purpose. TAYLORED SOFTWARE shall not be liable for errors or for incidental or consequential damages in connection with the furnishing, performance, or use of the software. You shall remain solely responsible for, and fully hold TAYLORED SOFTWARE harmless from all claims, liability and damages arising from your own products which include any of the TAYLORED SOFTWARE. If you have any questions with reference to the above, you may contact: TAYLORED SOFTWARE Jonathan B. Taylor 8504 Van Pelt Dr. Dallas TX, 75228 Phone:(214)328-4276 between 8:00 AM & 5:00PM Monday though Friday THE ABOVE CLAUSES ARE ALL THAT IS EXPRESSED AND IMPLIED AND BIND ALL PARTIES JONATHAN B TAYLOR DATED 8-25-94