VisualStat

VisualStat® .NET

version 2005 (build 6170) January 2006

END-USER LICENSE AGREEMENT (EULA)

Do not install this software before you have read this license agreement. By proceeding to install this software you are indicating your acceptance of all the terms and conditions stated in this agreement.

This is a legal agreement between you, the end user, and VisualStat Computing, Inc. By installing this software, you are agreeing to be bound by the terms of this agreement. If you do not agree to the terms of this Agreement, promptly return the package and the accompanying items (including written materials and binders or other containers) to the place you obtained them for a full refund.

q Copyright

VisualStat .NET is Copyright © 2004 by Henri Gwet and is protected by United States copyright laws and international treaty provisions. You must therefore treat the Software like any other copyrighted material except that you may either make one copy of the Software solely for backup or archival purposes, or transfer the Software to a single hard disk provided you keep the original solely for backup or archival purposes. You may not copy the written materials accompanying the Software.

q Grant of License

This is a license agreement and NOT an agreement for sale. VisualStat Computing grants you the right to use one copy of VisualStat .NET, which includes computer software, associated media and online or electronic documentation (all of which comprises the "Software") on a single terminal connected to a single computer (that is, with a single CPU). You may not network the Software or otherwise use it on more than one computer terminal at the same time.

q Grant of Evaluation License

We hereby grant to You and You hereby accept a temporary, non-exclusive, license to use the Software solely for the purpose of evaluation in order to determine whether You would like to enter into a longer term license to use the Software. The grant of the right to use the Software shall be on an "AS IS" basis and shall be subject to the following terms and conditions.

q Right to Transfer

You are granted the additional right to transfer this Agreement to another person or legal entity following the completion of the Evaluation Period. You may transfert the Software and accompanying written materials on a permanent basis provided you retain no copies and the recipient agrees to the terms of this Agreement (in which case Your transferee will be "You" for purposes of this Agreement). If the Software is an update, any transfer must include the update and all prior versions

q Other Restrictions

You may not, without written permission from Us:

- Use, copy, modify, merge, or transfer copies of the Software except as expressly authorized in this Agreement;

- Use any back-up or archival copies of the Software for any purpose other than to replace an original copy if it is destroyed or becomes defective;

- Disassemble, decompile or "unlock", reverse translate, or in any manner decode the Software for any reason;

- Sublicense, lease, or rent the Software.

q Disclaimer of Warranty

THIS SOFTWARE AND THE ACCOMPANYING FILES ARE DISTRIBUTED "AS IS" AND WITHOUT WARRANTIES AS TO PERFORMANCE OF MERCHANTABILITY OR ANY OTHER WARRANTIES WHETHER EXPRESSED OR IMPLIED. Because of the various hardware and software environments into which VisualStat may be put, NO WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE IS OFFERED. VisualStat Computing, Inc. is not liable for any damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or other pecuniary loss) arising out of use of or inability to use this software, even if VisualStat Computing or its dealer have been advised of the possibility of such damages.

q US Government Restricted Rights

This Software and documentation are provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of The Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software -- Restricted Rights 48 CFR 52.227-19, as applicable. Manufacturer is VisualStat Computing.