Notice to User: This is a legal agreement between you (an individual or single entity, referred to hereinafter as "you") and FirmTek, LLC ("FirmTek") for computer software product, including any accompanying explanatory written materials (the "Software"). BEFORE INSTALLING, COPYING OR OTHERWISE USING THE SOFTWARE, YOU MUST AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT. If you agree, click on the Accept button below. If you do not agree with the terms and conditions of this Agreement, click on the Decline button and you will not be able to download the Software.

1. License. FirmTek grants you a personal, nonexclusive, limited license to install and use the Software. You may also make copies of the Software as necessary for backup and archival purposes. The term Software shall include the software components, media, all copies made by you and any upgrades, modified versions, updates, additions and copies of the Software licensed to you by FirmTek. FirmTek reserves all rights not granted.

2. Other Rights and Limitations. The Software is licensed as a single unit, and its component programs may not be separated. You agree not to modify, adapt or translate the Software. You further agree not to attempt to reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Software. You may not rent, lease, distribute, sublicense or lend the Software to third parties. You may, however, transfer all your rights to use the Software to another person or legal entity provided that you transfer this Agreement, the Software, including all copies, updates and prior versions, to such person or entity, and that you retain no copies, including copies stored on a computer. Further, you agree not to place the Software onto a server so it is accessible via a public network such as the Internet.

3. Ownership. Title, ownership rights, and intellectual property rights in and to the Software shall remain with FirmTek. The Software is protected by United States Copyright Law and international copyright treaties, as well as other intellectual property laws and treaties. There is no transfer to you of any title to or ownership of the Software and this License shall not be construed as a sale of any rights in the Software. You agree not to remove or alter any copyright, trademark, registered mark or other proprietary notices on any copies of the Software. FirmTek reserves all rights not granted.

4. Technical Support and Updates. FirmTek shall be under no obligation to provide technical support and updates to you.

5. Warranty Disclaimers. You acknowledge and agree that the use of the Software is at your own risk. THE SOFTWARE IS PROVIDED "AS IS" AND WITHOUT ANY WARRANTY OF ANY KIND. FIRMTEK DOES NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE. FIRMTEK MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AS TO NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. Because some states and jurisdictions do not allow the exclusion or limitation of implied warranties in certain circumstances, the above limitations may not apply to you.

6. Limitation of Liability. IN NO EVENT WILL FIRMTEK BE LIABLE TO YOU, WHETHER ARISING UNDER CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, BREACH OR WARRANTY, MISREPRESENTATION OR OTHERWISE, FOR ANY DIRECT, CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, INCLUDING ANY LOST PROFITS OR LOST SAVINGS, EVEN IF FIRMTEK OR ANY OF ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY. Because some states and jurisdictions do not allow the exclusion or limitation of liability in certain circumstances, the above limitation may not apply to you.

7. Termination. Without prejudice to any other rights FirmTek has, this Agreement shall automatically terminate upon failure by you to comply with its terms. You may also terminate this Agreement at any time by destroying the Software and all copies.

8. Export Restriction. You agree that the Software will not be shipped, transferred or exported into any country or used in any manner prohibited by the United States Export Administration Act or any other export laws, restrictions or regulations.

9. Governing Law and General Provisions. This Agreement shall be governed and construed under the laws of the State of California, U.S.A., without regard to its conflicts of law rules. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. This Agreement is the entire agreement between the parties related to the Software supersedes any purchase order, communication, advertisement, or representation concerning the Software. This Agreement shall be binding upon, and inure to the benefit of, the parties hereto and their respective successors, assigns and legal representatives. If any provision herein is found void or unenforceable, it will not affect the validity of the balance of the Agreement, which shall remain valid and enforceable according to its terms. This Agreement may only be modified in writing signed by an authorized officer of FirmTek.

Copyright © 1998-2002 FirmTek, LLC. All rights reserved. UltraTek, AV-Tek, and FirmTek are trademarks of FirmTek, LLC