PowerQuest(R) Software Evaluation License Agreement

Not For Resale

IMPORTANT: Read this before using your copy of PowerQuest software.

This document is a legal agreement between you (an individual or business) and PowerQuest Corporation (PowerQuest). Use of the enclosed software indicates your acceptance of these terms. As used in this License Agreement, the term "Software" means the software included on the CD or disk media provided with this License Agreement. The term "Software" does not include any software that is covered by a separate license offered or granted by a person other than PowerQuest.

IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, EITHER DESTROY OR RETURN, INTACT, THE SOFTWARE PACKAGE, CONTAINING THE CD OR DISK MEDIA, TOGETHER WITH THE OTHER COMPONENTS OF THE PRODUCT.

1.  PROPRIETARY RIGHTS. The Software and any accompanying documentation are the proprietary products of PowerQuest or its licensors and are protected under national laws and international treaty provisions. Ownership of the Software and all copies, modifications, translations, and merged portions thereof shall at all times remain with PowerQuest or its licensors.

2.  GRANT OF LICENSE. The Software and accompanying documentation are being licensed to you, which means you have the right to use the Software only in accordance with this License Agreement. The Software is considered in use on a computer when it is loaded into temporary memory or installed into permanent memory. This is an "Evaluation Only" license and is not intended for resale. This License may not be assigned or otherwise transferred without prior written consent from PowerQuest, and any unauthorized transfer is null and void.

YOU MAY USE THIS SOFTWARE TO:  The Software is provided to you and may be used for EVALUATION PURPOSES ONLY for sixty (60) days from the time that the Software was downloaded or shipped.

YOU MAY NOT USE THIS SOFTWARE TO:  The Software may NOT be used at any time for providing fee-based services to third parties. The Software may NOT be permanently installed on any computer for either personal or business use.  THE SOFTWARE IS NOT TO BE INSTALLED OR USED ON COMPUTER SYSTEMS OTHER THAN THOSE DESIGNATED FOR TESTING PURPOSES ONLY.

COPIES. No copies of the Software may be created.  Creation of any copies is a violation of this Agreement.   

TECHNICAL SUPPORT. This license does not grant you access to complimentary PowerQuest technical support. Fee-based technical support is available on a per-incident basis through PowerQuest Technical Support centers.

TERM. The evaluation period of this software is sixty (60) days.  At the end of sixty days you must obtain the appropriate licenses to continue use of the Software, or you shall return or destroy and certify to PowerQuest such destruction of the Software.

3.  NONPERMITTED USES. Without the express prior written permission of PowerQuest, you may not (a) use, copy, modify, alter or transfer, electronically or otherwise, the Software or documentation except as expressly permitted in this License Agreement, or (b) translate, reverse program, disassemble, decompile, or otherwise reverse engineer the Software.

4.  EXPORT CONTROLS. Certain uses of the Software by you may be subject to restrictions under U.S. regulations relating to exports and ultimate end uses of computer software. You agree to fully comply with all applicable U.S. laws and regulations, including but not limited to the Export Administration Act of 1979 as amended from time to time and any regulations promulgated thereunder.

5.  U.S. GOVERNMENT RESTRICTED RIGHTS. If you are acquiring the Software on behalf of any unit or agency of the United States Government, the following provision applies:  It is acknowledged that the Software and the documentation were developed at private expense and that no part is in the public domain and that the 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 at 48 CFR 52.227-19, as applicable. Contractor/Manufacturer is PowerQuest Corporation/P.O. Box 1911/Orem, UT 84059-1911/U.S.A.

6.  DISCLAIMER OF WARRANTY.  THE EVALUATION SOFTWARE IS PROVIDED AS IS, EXCLUSIVE OF ANY WARRANTY, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR ANY OTHER WARRANTY, WHETHER EXPRESSED OR IMPLIED.

7.  LIMITATION OF LIABILITY.  POWERQUEST WILL NOT BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF ANTICIPATED PROFITS) ARISING FROM USE OF THE EVALUATION SOFTWARE.  NEITHER POWERQUEST NOR ITS SUPPLIERS SHALL IN ANY EVENT BE LIABLE FOR ANY DAMAGES WHATSOEVER ARISING OUT OF OR RELATED TO THE USE OF OR INABILITY TO USE THE SOFTWARE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, AND DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS, EVEN IF POWERQUEST CORPORATION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER SUCH LIABILITY IS BASED ON CONTRACT, TORT, WARRANTY, OR ANY OTHER LEGAL OR EQUITABLE GROUNDS.  BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

8.  NO WAIVER. Any failure by either party to this agreement to enforce a specific part of the agreement in a specific situation is not a waiver of rights under the agreement. The party may still enforce the rest of the agreement in that situation and may still enforce some or all of the agreement in other situations.

9.  This License Agreement constitutes the entire agreement between you and PowerQuest pertaining to its subject matter. If you received another license agreement with the Software, this license agreement supercedes the other license agreement. This License Agreement is governed by the laws of the State of Utah. Any litigation arising from this license will be pursued only in the state or federal courts located in the State of Utah. Even if part of the agreement is held invalid, the rest of the agreement is still valid, binding and enforceable.

Should you have any questions concerning this Agreement, or if you desire to contact PowerQuest Corporation for any reason, please write:  PowerQuest Corporation/P.O. Box 1911/Orem, UT 84059-1911/U.S.A.

Copyright 1994-2001 PowerQuest Corporation. All rights reserved. The Software may be protected by U.S. patents, with other patents pending in the U.S.A. and elsewhere. PowerQuest is a registered trademark of PowerQuest Corporation.

