ExpressZIP

Evaluation License Agreement

READ THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT CAREFULLY BEFORE CONTINUING WITH THIS PROGRAM INSTALL. THIS PROGRAM IS COPYRIGHTED AND LICENSED (NOT SOLD). BY INSTALLING THE PROGRAM, YOU ARE ACCEPTING AND AGREEING TO THE TERMS OF THIS LICENSE AGREEMENT. THIS LICENSE AGREEMENT REPRESENTS THE ENTIRE AGREEMENT CONCERNING THE PROGRAM BETWEEN YOU AND AVANTRIX INC., (REFERRED TO AS "LICENSOR"), AND IT SUPERSEDES ANY PRIOR PROPOSAL, REPRESENTATION, OR UNDERSTANDING BETWEEN THE PARTIES.

1. License Grant. Licensor hereby grants to you, and you accept, a nonexclusive license to use the program in machine-readable, object code form only, for use only as authorized in this License Agreement. The Program may be used only on a single computer owned, leased or otherwise controlled by you. You agree that you may not reverse assemble, reverse compile, or otherwise translate the Program.

2. Licensor`s Rights. You acknowledge and agree that the Program is proprietary to Licensor and protected under copyright law. You further acknowledge and agree the all right, title, and interest in and to the Program, including associated intellectual property rights, are and shall remain with Licensor. The License Agreement does not convey to you an interest in or to the Program, but only a limited right of use revocable in accordance with the terms of this License Agreement.

3. Term. You are entitled to install and use this program for the predetermined period of fifteen (15) days. After that period, if you wish to continue to use the program, you must purchase a site license, otherwise, you must discontinue usage and remove the program from your system.

4. No Warranty; Limitation of Liability. YOU ACKNOWLEDGE THAT THE PROGRAM IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTY OF ANY KIND. LICENSOR MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE USE OR PERFORMANCE OF THE PROGRAM. LICENSOR EXPRESSLY DISCLAIMS THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. LICENSOR SHALL HAVE NO LIABILITY TO CUSTOMER OR ANY THIRD PARTY FOR ANY LOSS OR DAMAGE CAUSED, DIRECTLY OR INDIRECTLY, BY THE PROGRAM, INCLUDING, BUT NOT LIMITED TO, ANY INTERRUPTION OF SERVICES, LOSS OF BUSINESS, LOSS OF DATA OR SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES.

5. Costs of Litigation. If any action is brought by either party to this License Agreement against the other party regarding the subject matter hereof, the prevailing party shall be entitled to recover, in addition to any other relief granted, reasonable attorney fees and expenses of litigation.

6. Severability. Should any term of this License Agreement be declared void or unenforceable by any court of competent jurisdiction, such declaration will have no effect on the remaining terms hereof.

7. No Waiver. The failure of either party to enforce any rights granted hereunder or to take action against the other party in the event of any breach hereunder shall not be deemed a waiver by that party as to subsequent enforcement of rights or subsequent actions in the event of future breaches.