CLOANTO END USER LICENSE AGREEMENT


IMPORTANT NOTICE: This End User License Agreement ("EULA") accompanies a piece of Cloanto software and related data files and documentation ("Software Product"), or a unique Cloanto serial number ("Serial Number") specifically released for a certain type of Software Product, or both a Software Product and a Serial Number. This EULA is a legal contract between you and Cloanto Corporation ("Cloanto") for the Software Product and the Serial Number that was released for the Software Product. The term "Software Product" shall also include updated and modified versions, and additional copies licensed to you by Cloanto. By installing, copying, or otherwise using the Software Product or Serial Number, you agree to be bound by the terms of this EULA. If you do not agree with the terms of this EULA, do not install or use this Software Product or Serial Number, and promptly return it with proof of purchase to the place of purchase for a full refund.


EVALUATION VERSION

If no Serial Number accompanied this EULA, and as long as the Software Product was reproduced or made available online by Cloanto or with the written permission of Cloanto, then that Software Product is considered an "Evaluation Version" of the Software Product.


LICENSE

The Software Product and the Serial Number are owned by Cloanto and/or its suppliers and are protected by copyright and other intellectual property laws and international treaties. Cloanto grants to you a nonexclusive license to use the Software Product and Serial Number in accordance with the terms of this EULA. This EULA does not give you any other rights to copyrights, trademarks, patents, patent applications, and other intellectual property rights that may be applicable to items contained in the Software Product.

YOU MAY:

(1) use only one copy of the Serial Number on a single computer or terminal;

(2) make copies of the Software Product as long as you have licensed a unique Serial Number for each copy of the Software Product;

(3) use the Software Product on a network, provided that you have licensed a unique Serial Number for the Software Product for each computer or terminal that can access the Software Product over that network;

(4) print the documentation accompanying the Software Product, if your only means of access to such documentation is electronic, and provided that you have licensed a unique Serial Number for the Software Product for each printed copy;

(5) distribute the default icons created by the Software Product and associated to data files written by the Software Product, as long as these icons remain associated to such data files;

(6) make the minimum number of backup copies of the Software Product and Serial Number required by the backup method you use, provided that such backup copies are not installed or used on any computer or terminal;

(7) transfer the Software Product and Serial Number on a permanent basis to another person or entity, provided that you retain no copies of the Software Product or Serial Number and the recipient agrees to the terms of this EULA;

(8) reinstall an Evaluation Version of the Software Product if at least 6 months have passed since the previous installation of an Evaluation Version of the same Software Product on the same computer or terminal.

YOU MAY NOT:

(1) sublicense, rent, lease or lend any portion of the Software Product or Serial Number;

(2) make copies of the Serial Number other than for the backup purposes permitted in this EULA;

(3) make the Software Product or Serial Number available online other than installing the Software Product on a network as permitted in this EULA, even if the Software Product is an Evaluation Version;

(4) use the Software Product on a network if one or more Evaluation Copies of the Software Product are in use on any computer or terminal that can access the Software Product over that network;

(5) decrypt, reverse engineer, decompile, disassemble, modify, translate, make any attempt to discover the source code of the Software Product, or create derivative works from the Software Product, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation;

(6) make any attempt to use the Software Product with a modified Serial Number, or with any type of number other than a Serial Number expressly provided by Cloanto for that specific Software Product;

(7) make any attempt to reinstall or use an Evaluation Version of the Software Product on the same computer or terminal after the programmed expiration of the evaluation period, or 30 days after the first installation, whichever is shorter;

(8) make any attempt to install an Evaluation Version of the Software Product more than once over a timeframe of 6 months on the same computer or terminal.


UPGRADES

While Cloanto has no obligation to make available to you upgrades of the Software Product, or to make these upgrades available to you at no cost, Cloanto may release minor upgrades of the Software Product, which may be used with the same Serial Number, whereas major upgrades may be released by Cloanto as a new product, in which case a new Serial Number and/or EULA may be provided as part of the upgrade. When a new Serial Number is provided as part of an upgrade, you must either destroy the less recent Software Product and its Serial Number, or donate the less recent Software Product and its Serial Number to a registered charity, provided that said charity agrees in writing that it will be the sole end user of the Software Product and its Serial Number, and that it will abide by the terms of the applicable EULA.


NO WARRANTY

CLOANTO EXPRESSLY DISCLAIMS ANY WARRANTY FOR THE SOFTWARE PRODUCT. THIS SOFTWARE PRODUCT AND THE ACCOMPANYING WRITTEN MATERIALS ARE PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE SOFTWARE PRODUCT REMAINS WITH YOU.

Some states or jurisdictions do not allow the exclusion of implied warranties, so the above limitations may not apply to you.


LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CLOANTO OR ITS SUPPLIERS OR ANY OTHER PARTY INVOLVED IN THE CREATION, PRODUCTION OR DELIVERY OF THE SOFTWARE PRODUCT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, LOSS OF USE, LOSS OF ANTICIPATED COSTS, EXPENSES OR DAMAGES, AND ANY DATA OR INFORMATION WHICH MAY BE LOST OR RENDERED INACCURATE, ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE PRODUCT, EVEN IF CLOANTO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

In any case, Cloanto's entire liability under any provision of this EULA shall be limited to the license fee paid by you for the Software Product or Serial Number, or USD 5.00, whichever is higher.

Some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitations may not apply to you.


ADDITIONAL THIRD-PARTY COMPONENTS

This Software Product may include "GIF/LZW" technology, in which case the Software Product shall not be used on computers other than "personal computers and workstations"; the Software Product shall not be used on computers "functioning as a server, hardware and firmware" or as "software for use in operating an on-line service, bulletin board, Web or Internet access service"; the Software Product may be used only "on a single personal computer or workstation which is not used as a server", and may not be modified or copied, except for one copy for backup or archival purposes, or a copy from the original package to a "single hard disk", in which cases one copy may be kept solely for backup or archival purposes.

This Software Product may include "Amiga" technology, in which case the Software Product may not be exported to the People's Republic of China, Taiwan, Hong Kong, Macao, and the Asian Countries having a common border with, and between the People's Republic of China and the former Soviet Union.

This Software Product may include "free of charge", "public domain", "shareware", "open source" or other types of freely available or freely distributable software components from third parties, in which case these components are included at no cost to you and for your convenience only, and are not part of the Software Product, nor are they covered by this EULA, or supported in any way by Cloanto.

For additional information concerning any components by third parties that may be included with the Software Product, please refer to the documentation accompanying the Software Product.


EXPORT RESTRICTIONS

The Software Product may contain technology relating to strategic products controlled by export or import control laws of the producing and/or exporting or importing countries. The Software Product or any portion thereof should not be exported (or reexported, or imported) without authorization from the appropriate authorities in accordance with such laws.


DISTRIBUTION TO THE U.S. GOVERNMENT

This commercial computer software product and commercial computer software documentation are "commercial items" as defined in FAR 2.101 (a) and have been developed entirely at private expense. Use, duplication, and disclosure by civilian agencies of the U.S. Government shall be in accordance with FAR 52.227-19 (c) or other agency data rights provisions, as may be applicable. Use, duplication and disclosure by U.S. Department of Defense agencies is subject solely to the terms of this standard software EULA, as stated in DFARS 227.7202. Unpublished - All rights reserved under the Copyright Laws of the United States. Supplier is Cloanto Corporation, P.O. Box 27740, Las Vegas, NV 89126. (This address is provided here for the exclusive use of U.S. Government agencies. General user inquiries should be addressed as indicated in the software documentation and on the www.cloanto.com web site.)


MISCELLANEOUS

This EULA is governed by the laws of the State of Nevada, USA. This EULA may only be modified by a license addendum accompanying the Software Product, or by a written document which has been signed by both you and Cloanto. Should you have any questions concerning this EULA, please write to sales@cloanto.com. If you desire to contact Cloanto for any other reason, please use the contact forms provided on the www.cloanto.com web site.