BEYOND SOFTTWARE INCORPORATED LICENSE AGREEMENT FOR WEBSHARE ("the Software") NOTICE ******************************************************************************* * * * You accept this Software with the understanding that Beyond Software * * Incorporated makes no representations or warranties as to the suitability * * of the Software for your particular purpose, and that to the extent you use * * or implement this Software in your own setting, you do so at your own risk. * * In no event will Beyond Software Incorporated be liable for any direct * * loss and damages, or any damages whether consequential, incidental, or * * special, arising out of the use of or inability to use the material * * provided. Please read the LICENSE which follows to determine if you want * * to use this Software. * * * * Copyright Beyond Software Incorporated, 1997, All rights reserved. * * * * DO NOT POST MODIFIED VERSIONS OF THIS MATERIAL FOR PUBLIC ACCESS * * * ******************************************************************************* IF YOU DOWNLOAD OR USE THIS SOFTWARE YOU AGREE TO THESE TERMS Beyond Software Incorporated grants you a license to use the Software only in the country where you acquired it. The Software is copyrighted and licensed (not sold). We do not transfer title to the Software to you. You obtain no rights other than those granted you under this license. Under this license, you may: * Use the Software on one or more machines at a time. * Make copies of the Software for use or backup purposes within your enterprise. * Modify the Software and merge it into another program. You must reproduce the copyright notice and any other legend of ownership on each copy or partial copy of the Software. You may NOT: * Reverse assemble, reverse compile, or otherwise translate any program contained within the Software. * Post modified versions of this material for public access. * Sublicense, assign or transfer the license to the Software or accompanying documentation. Any attempt otherwise to sublicense, assign or transfer any of the rights, duties or obligations hereunder is void. We do not warrant that the Software is free from claims by a third party of copyright, patent, trademark, trade secret, or any other intellectual property infringement. Under no circumstances are we liable for any of the following: 1. Third-party claims against you for losses or damages 2. Loss of, or damage to, your records or data. 3. Economic consequential damages (including lost profits or savings) or incidental damages, even if we are informed of their possibility. Some jurisdictions do not allow these limitations or exclusions, so they may not apply to you. We do not warrant uninterrupted or error free operation of the Software. We have no obligation to provide service, defect correction, or any maintenance for the Software. We have no obligation to supply any Software updates or enhancements to you even if such are or later become available. IF YOU DOWNLOAD OR USE THIS SOFTWARE YOU AGREE TO THESE TERMS.THERE ARE NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you. If you make comments and suggestions (collectively called "Feedback") relating to your use of the Software, you grant Beyond Software Incorporated a non-exclusive, royalty-free, irrevocable, unrestricted and world-wide license to use, have used and make copies in case of documents, such Feedback in any manner as Beyond Software Incorporated determines, including use of Feedback in the development, manufacture, marketing and maintenance of products and services incorporating such feedback by Beyond Software Incorporated. You may terminate this license at any time. We may terminate this license if you fail to comply with any of its terms. In either event, you must destroy all your copies of the Software. You are responsible for the payment of any taxes resulting from this license. If any provision of this Agreement is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable. This Agreement shall be governed by California law (except for conflict of law provisions). The application the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded. Should you have any questions concerning this Agreement, you may contact Beyond at: Beyond Software Incorporated 1040 East Brokaw Road San Jose, California 95131-2309 U.S.A. Phone: 408-436-5900 Fax: 408-436-5915 E-mail: info@beyond-software.com