License

YOU SHOULD READ CAREFULLY THE FOLLOWING TERMS AND CONDITIONS BEFORE INSTALLING, USING OR DISTRIBUTING THIS SOFTWARE. INSTALLING, USING OR DISTRIBUTING THIS SOFTWARE INDICATES ACCEPTANCE OF THESE TERMS AND CONDITIONS. IN THIS AGREEMENT, ''YOU'' MEANS YOU AS AN INDIVIDUAL IF YOU ARE USING THIS SOFTWARE FOR PERSONAL USE. IF YOU ARE USING THE SOFTWARE ON EQUIPMENT OWNED OR OPERATED BY A COMPANY OR ORGANIZATION (COLLECTIVELY ''COMPANY''), BY ACCEPTING THIS AGREEMENT, YOU REPRESENT THAT YOU ARE DULY AUTHORIZED TO ACCEPT THIS AGREEMENT ON BEHALF OF YOUR COMPANY.

COPYRIGHT

The software programs (hereafter the "Software") and documentation (hereafter the "Documentation") is copyrighted and remains the property of Peer Software, Inc. All rights are reserved.

LICENSE

Peer Software, Inc. hereby grants you (hereafter the "User") a limited, non-exclusive, non-transferable license to install and use the Software and accompanying Documentation contained in the trialware distribution package (hereafter called the "Trialware Package") you received (THE "Original Distribution") for your internal business purposes only. The Trialware Package consists of copies of the Software and Documentation received via an electronic transfer mechanism or an electronic storage medium including, but not limited to, diskette, hard disk, removable disk, tape or optical devices such as CD-ROM or WORM. This license to install and use the Software and Documentation is conditioned upon User’s compliance with the terms of this Agreement.

You may install and use the Trialware Package on one or more computers provided there is no chance that it will be used simultaneously on more than one computer. If you need to use the Software on more than one computer simultaneously or on a network, please contact Peer Software, Inc. for information about network licenses.

The Software is protected by trade secret and copyright laws and international treaty provisions. You are not obtaining title to the Software or Documentation or any copyright or other intellectual property rights. You further acknowledge that title and full ownership rights to the Software and Documentation will remain the exclusive property of Peer Software, Inc. or its suppliers, and You will not acquire any ownership rights to the Software. You may not sublicense, lease, rent, sell, convey, translate, modify, decompile, incorporate into another product, convert to another programming language, reverse engineer or disassemble the Software or Documentation for any purpose. You may not modify, or create derivative works based in whole or in part upon, the Software. You agree to not remove, obscure, or alter Peer Software, Inc.’s or any third party's copyright notice, trademarks, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through the Software and Documentation. Peer Software, Inc. reserves the right to periodically conduct audits upon advance written notice to verify compliance with the terms of this Agreement.

Once a license is purchased from  Peer Software, Inc., the Trialware Package will be authorized to function as the full working version of the Software with access to all licensed features.

NETWORK LICENSE

Multiple users on a network (e.g. a LAN) requiring access to the Software and Documentation must purchase a Network License. Two forms of Network Licenses are offered, a Site License and Enterprise or Concurrent User License. With a Site License, any user who accesses the Software or Documentation requires a user license, regardless of the frequency of use. Once a Site License is purchased Software and Documentation may be copied to all users who have been licensed. Site Licenses are customized for each purchase. The license is based on a quantity of simultaneous users and or CPU installations.

The Concurrent User License allows the licensed number of users to simultaneously access the Software and Documentation. The User agrees to operate metering software, which restricts the simultaneous number of users to the quantity purchased. The Software and Documentation must be installed on network servers under the control of metering software.

Both Site and Concurrent User Licenses allow installation of the Software and Documentation to any number of servers on any number of geographic sites, limited only by the quantity of licenses purchased.

TERM AND TRIAL PERIOD

You are permitted to use the Trialware Package for a trial period (hereafter the "Trial Period") of thirty (30) days or 30 uses (which ever comes first) after receipt of the Trialware Package. After such time, if you continue to use the Trialware Package, you must register your copy with Peer Software, Inc. Failure to register after the Trial Period constitutes termination of this license. Upon registration, a password (hereafter called the "Password") will be provided to eliminate the registration reminder screen.

This license is effective until terminated. You may terminate it by destroying the Software, Documentation, and all copies thereof. This license will also terminate if you fail to comply with any of the terms or conditions herein. You agree, upon such termination, to destroy all Software, Documentation, and copies thereof. Upon request, You agree to certify in writing that all copies of the Software and Documentation have been destroyed.

LIMITED WARRANTY

THE SOFTWARE AND DOCUMENTATION IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. PEER SOFTWARE, INC. DISCLAIMS ALL WARRANTIES RELATING TO THIS SOFTWARE, WHETHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND INFRINGEMENT AND ALL SUCH WARRANTIES ARE EXPRESSLY AND SPECIFICALLY DISCLAIMED.

EXCLUSIVE REMEDY

YOUR EXCLUSIVE REMEDY AND PEER SOFTWARE, INC. ENTIRE LIABILITY ARISING FROM OR IN CONNECTIONS WITH THE SOFTWARE, DOCUMENTATION, AND/OR THIS LICENSE (INCLUDING WITHOUT LIMITATION FOR BREACH OF WARRANTY OR INFRINGEMENT) SHALL BE, AT PEER SOFTWARE, INC.'S OPTION, THE REPAIR OR REPLACEMENT OF THE SOFTWARE OR REFUND OF REGISTRATION FEES (IF NOTIFICATION OF PROBLEM IS WITHIN 30 DAYS OF PURCHASE).

LIMITATIONS OF LIABILITY

UNDER NO CIRCUMSTANCES OR LEGAL THEORY, WHETHER IN TORT, CONTRACT, OR OTHERWISE, SHALL PEER SOFTWARE, INC. OR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF THIS SOFTWARE BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (EVEN IF PEER SOFTWARE, INC. SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR, FOR ANY OTHER DAMAGES OR LOSSES OF ANY NATURE. IN NO EVENT WILL PEER SOFTWARE, INC. BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE LIST PRICE PEER SOFTWARE, INC. CHARGES FOR A LICENSE TO THE SOFTWARE.

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

BACK-UP

You may make one copy of the Trialware Package for backup purposes only.

DISTRIBUTION

You may distribute the Trialware Package to others via an electronic transfer mechanism or electronic storage media provided that no files are deleted from the Original Distribution Trialware Package or are modified in any way. Files may be added to the Trialware Package expressly for the purpose of identifying the party distributing the Trialware Package. You may also place the Trialware Package into any archive or compressed format for ease of distribution.

You may not distribute the product Registration Key to others under any circumstances.

GENERAL

Export of the Software may be subject to compliance with the rules and regulations promulgated from time to time by the Bureau of Export Administration, United States Department of Commerce, which restrict the export and re-export of certain products and technical data. If the export of the Software is controlled under such rules and regulations, then the Software shall not be exported or re-exported, directly or indirectly, (a) without all export or re-export licenses and United States or other governmental approvals required by any applicable laws, or (b) in violation of any applicable prohibition against the export or re-export of any part of the Software. Some countries have restrictions on the use of encryption within their borders, or the import or export of encryption even if for only temporary personal or business use. You acknowledge that the implementation and enforcement of these laws is not always consistent as to specific countries. Although the following countries are not an exhaustive list there may exist restrictions on the exportation to, or importation of, encryption by: Belgium, China (including Hong Kong), France, India, Indonesia, Israel, Russia, Saudi Arabia, Singapore, and South Korea. You acknowledge it is your ultimate responsibility to comply with any and all government export and other applicable laws and that Peer Software, Inc. has no further responsibility after the initial license to you within the original country of sale.

In addition, neither the Software nor the Documentation and underlying information or technology may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) any country to which the United States has embargoed goods; or (ii) to anyone on the United States Treasury Department's list of Specially Designated Nations or the United States Commerce Department's Table of Denial Orders. By using the Software you are agreeing to the foregoing and you are certifying that you are not located in, under the control of, or a national or resident of any such country or on any such list.

This agreement shall be governed by the laws of the state of New York and shall inure to the benefit of Peer Software, Inc. and any successors, administrators, heirs, and assigns. Any action arising under this Agreement shall be filed in any state or federal court located in Suffolk county in the State of New York, and You hereby agree, acknowledge and submit to the exclusive jurisdiction and venue of such courts for the purposes of such action, waive any right You may have to object to such jurisdiction or venue.

This Agreement sets forth all rights for the user of the Software and is the entire agreement between You and Peer Software, Inc. and supersedes any other prior or contemporaneous agreements or communications with respect to the Software and Documentation. This Agreement may not be modified except by a written addendum issued by a duly authorized representative of Peer Software, Inc. No provision hereof shall be deemed waived unless such waiver shall be in writing and signed by Peer Software, Inc. or a duly authorized representative of Peer Software, Inc. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. The parties confirm that it is their wish that this Agreement has been written in the English language only.