ERGOSOFT'S SHAREWARE LICENSE AGREEMENT (1) Introduction. This agreement explains when and how you may use both shareware and registered copies of software products from ErgoSoft. In this agreement: "Program" means the ErgoSoft software products(s) you have purchased or obtained for evaluation, including both the software and the associated documentation and other materials; "Shareware Copy" means a copy of the Program distributed by us orby our authorized agents for evaluation purposes and which is described as a shareware copy in the Program's sign-on messages; "Registered Copy means a copy of the Program purchased from us or from a dealer, and which is not described as a shareware copy in the Program's sign- on messages; "we" or "us" means ErgoSoft AG., a corporation based inAltnau, TG, , Switzerland; and"you" means the end user of the Program. (2) Legal Agreement. This is a legal agreement which allows you, the end user, to use the Program under certain terms and conditions. If you cannot agree to abide by what this agreement says you should not use or evaluate the Program. (3) Copyright. The Program is copyrighted under swiss law and international treaty provisions. You agree that your use of the Program is subject to these laws, which prohibit unauthorized copying or duplication of the Program software, documentation, and other materials. (4) Evaluation Period. You may use a Shareware Copy of the Program for an evaluation period of up to 21 days. The purpose of this evaluation period is to allow you to determine whether the program meets your needs before purchasing it. Once the evaluation period has ended, you agree to either purchase a Registered Copy of the Program, or to stop using it. If you have ordered a Registered Copy of the Program from us or from a dealer, you may continue to use your Shareware Copy beyond the end of the 21-day evaluation period until your Registered Copy arrives. (5) Use of the Program. While you are evaluating the Program, you may use it on as many computers as are required to perform your evaluation. Your 21-day evaluation period begins when you first install the Program on one or more computers for evaluation purposes. Once the evaluation period is over and you purchase the program, your use is subject to the following restrictions: Individual Copies: You agree not to install and use an individual Registered Copy of the Program on more than one computer at a time. However, we agree to an exception to this rule if you meet the conditions described in the rest of this paragraph. You may install your individual copy simultaneously on one computer at work, one computer at home, and one portable computer, if all these computers are used primarily by the same individual, and there is NO POSSIBILITY that the computers will be in use at the same time except while you are actively transferring files between them. If the Program was purchased by your employer you agree to get your employer's explicit permission before installing the Program on multiple systems as described in this paragraph. Multi-System Licenses and Network Use. You agree to purchase multiple individual copies or a multi-system license before using the Program simultaneously on more than one computer. When you purchase a multi-system license you agree not to use the Program on more computers than the number included in your license, as shown on your invoice, the program sign-on screen, or other documents from us. You may install the Program on computers attached to a network, or remove it from one computer and install it on a different one, provided there is NO POSSIBILITY that your copy will be installed or used on more computers than it is licensed for. If you have a network, you don't need to include every computer attached to the network in your license, but you must include every computer on which the Program is installed or used, regardless of whether the user of the computer happens to know that the Program is in use on their system. If you have single computers which allow multiple users to use the Program simultaneously, you must count each keyboard or terminal separately when determining how many computers are using the Program. (6) Making and Distributing Shareware Copies of the Program. You may make copies of your Shareware Copy of the Program to give to others, as long as you include all of the files that you originally received with your Shareware Copy, as listed in the README.TXT file included with your Shareware Copy. When you give a Shareware Copy of the Program to another person, you agree to inform them that their copy is to be used for a time limited evaluation period, and that they must purchase a Registered Copy if they continue to use the Program once the evaluation period has ended. You agree not to sell Shareware Copies of the Program or distribute them to others for any kind of compensation or fee unless you are a shareware disk vendor approved by the US-based Association of Shareware Professionals, are a non-profit User Group, or have received written permission from us; and your permission to distribute the Program has not been revoked by us; and you charge a fee of US $12 or less per copy (excluding shipping costs). You also agree not to sell printed copies of any documentation for the Program under any circumstances. (7) Copying Registered Copies of the Program. When you receive a Registered Copy of the Program you may make copies of the Program software which are necessary for normal backup purposes. However you agree not to make any copies of the printed manual(s) which come with the Program without explicit written permission from us. You also agree not to give your Registered Copy of the Program to others for any purpose. This means that you may not sell or give away copies of a Registered Copy of the Program or any part of it in any way, including bundling or re-selling the Program with your own software, or placing such a copy of the Program in any disk library or on any bulletin board or electronic service. (8) Operation of the Program. ErgoSoft's products are powerful programs. While we have attempted to build in reasonable safeguards, if you do not use them properly you may destroy files or cause other damage to your computer software and data. You assume full responsibility for the selection and use of the Program to achieve your intended results. (9) LIMITED WARRANTY: The following limited warranty applies to Registered Copies of the Program. It is included here so you understand what your warranty will be when you purchase a Registered Copy. This warranty does NOT apply to Shareware Copies of the Program. Satisfaction Guarantee. If you are dissatisfied with any product you buy from us under this Agreement for any reason, you may return it at any time up to 90 days after purchase and we will give you a refund. If the product is a ErgoSoft product we will give you a full refund. If it is not a ErgoSoft product we will give you a full refund if in our judgement the product is returned in an undamaged, resalable condition, or a 50% refund if not. Refunds will be based on the price you paid, with shipping costs excluded. You must contact us before returning any product for a refund. This satisfaction guarantee does not apply to multi-system licenses for more than 10 computers, or to purchases of more than 10 individual copies at a time. Physical Defects. We pledge that the disks and manuals we send you will arrive free of physical defects which interfere with normal use. If you find such a defect and report it to us within 90 days after you purchase the Program, we agree to replace the defective item(s) at no charge to you as long as the defect was not caused by misuse or abuse. Bugs and Program Errors. We don't promise that the Program will be free of bugs or program errors, and you agree that bugs or program errors will not be considered "physical defects" in the program. We agree that if you report a program error or bug to us, we will use our best efforts to correct it. We also agree that if we can verify and correct the error you report, and we then issue a maintenance release for the Program which includes the correction, we will make a copy of that maintenance release available to you at no charge, if you request it. However we will only do this for maintenance releases, not for new major releases or other new versions of the Program. WARRANTY DISCLAIMER DISCLAIMER FOR SHAREWARE COPIES. YOU ARE NOT PAYING FOR THE TRIAL USE LICENSE FOR YOUR SHAREWARE COPY OF THE PROGRAM. ACCORDINGLY THE SHAREWARE COPY IS PROVIDED "AS-IS" AND WITHOUT WARRANTY OF ANY KIND. DISCLAIMER FOR REGISTERED COPIES. EXCEPT FOR THE LIMITED WARRANTY STATED ABOVE FOR REGISTERED COPIES OF THE PROGRAM, WE DISCLAIM ANY AND ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, ORAL OR WRITTEN, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE LIMITED WARRANTY ABOVE GIVES YOU SPECIFIC LEGAL RIGHTS, BUT YOU MAY HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO STATE. SOME STATES DO NOT ALLOW A LIMITATION ON HOW LONG A WARRANTY LASTS, SO SUCH LIMITATIONS MAY NOT APPLY TO YOU. LIMITATION OF LIABILITY FOR SHAREWARE AND REGISTERED COPIES. IN NO EVENT SHALL WE BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES WHATSOEVER ARISING OUT OF USE OF THE PROGRAM OR YOUR RELATIONSHIP WITH US, INCLUDING WITHOUT LIMITATION ANY OR ALL DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION OR ANY PECUNIARY LOSS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE THE ABOVE LIMITATION MAY NOT APPLY TO YOU. THE REFUND, REPLACEMENT AND ATTEMPTED REPAIR REMEDIES FOR REGISTERED COPIES STATED IN THE "LIMITED WARRANTY" SECTION ABOVE SHALL BE YOUR SOLE REMEDY FOR ANY AND ALL PROGRAM DEFECTS, PROGRAM ERRORS, OR DOCUMENTATION ERRORS.