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END-USER LICENSE AGREEMENT

IMPORTANT - PLEASE READ CAREFULLY: This End-User License Agreement ("EULA") for the software you are installing ("Software") is a legal agreement between you ("Licensee") (either an individual or a single entity) and Gammadyne Corporation ("Licensor"). By installing, copying, or otherwise using the Software you agree to be bound by the terms of this EULA. If you do not agree to all of the terms of this Agreement, you are not permitted to use or copy the Software.

The Software, its documentation, and other related files ("Licensed Materials") are protected by copyright laws and international copyright treaties as well as other intellectual property laws and treaties. The Licensed Materials are licensed, not sold. Your license confers no title or ownership in the Licensed Materials. The Licensor owns the Licensed Materials and has complete authority for licensing it to the Licensee.


1. PERMITTED USE. This is not free software. Subject to the terms of this EULA, Licensee is hereby permitted to use the Software for evaluation purposes without charge for a period of 30 days. If Licensee uses the Software after the 30 day evaluation period, a license must be purchased. The license can be paid for electronically at http://www.gammadyne.com. Unlicensed use of the Software or its Created Files after the 30-day evaluation period is in violation of U.S. and international copyright laws. During the evaluation period, Licensee is not licensed to distribute Created Files to third parties.

Upon receipt of payment of the licensing fee, Licensee will be emailed a License ID that can be entered into the Software`s Product Activation window. The License ID is then transmitted to the Licensor`s web server. If the License ID is valid, the Software will unlock all limitations. Each license purchased entitles the Licensee to 5 activations. The Software will remain unlocked until it is moved to another hard drive, or until a major upgrade (x.0) is installed, at which point reactivation will be necessary. Activations are not limited to a single computer.

Licensee may not interfere or otherwise intercept the transmission of the License ID, nor the response from the web server.


2. CREATED FILES. Any files created by the Software ("Created Files") are freely distributable and royalty-free. It is prohibited to modify, disassemble, decompile, or otherwise reverse engineer Created Files outside of the Software, or give another permission to do so. Licensee must maintain all copyright notices on all Created Files.


3. NOT MALWARE. The Software is not itself, nor does it contain, malware. The term "malware" includes viruses, trojans, worms, adware, spyware, or any other type of malicious software. If the Software is found to contain malware, the Licensee is entitled to a full refund.


4. TRANSFER. Licensee may permanently transfer all of the rights under this EULA, provided the recipient agrees to the terms of this EULA and Licensee agrees to uninstall and destroy all Licensed Materials and Created Files.


5. RESTRICTIONS. Licensee may not remove, obscure or modify any copyright or other notices included in the Licensed Materials. Licensee may not disassemble, decompile, or otherwise reverse engineer the Software. Licensee may not rent, lease, or lend the Software. The Licensed Materials are licensed to Licensee as a single product. Its component parts may not be separated for use on more than one computer.


6. COPYRIGHT. All title and copyrights in and to the Licensed Materials and any copies thereof are owned by Licensor.


7. TERMINATION. Licensee`s rights under this EULA terminate if Licensee fails to comply with the terms and conditions of this EULA. In such event, Licensee must destroy all copies of the Licensed Materials and Created Files.


8. NEFARIOUS ACTIVITIES. The Licensor may revoke the Licensee`s license to use the Licensed Materials if it is discovered that the Licensee is involved, directly or indirectly, in any illegal or nefarious activities. Deciding what constitutes nefarious activities is solely at the discretion of the Licensor. This includes, but is not limited to:
- Terrorism
- Racial prejudice
- Religious prejudice
- Hatred in any form
- Sending Unsolicited Commercial Email (spam)

In such event, Licensee must destroy all copies of the Licensed Materials and Created Files. The Licensor is under no obligation to issue a refund on revoked licenses. To the maximum extent permitted by applicable law, in no event shall Licensor or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the inability to use the Licensed Materials once a license has been revoked.


9. NO LIABILITY FOR CONSEQUENTIAL DAMAGES. To the maximum extent permitted by applicable law, in no event shall Licensor or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the use of or inability to use the Software, even if Licensor has been advised of the possibility of such damages.

Licensor is not responsible for lost or damaged files, data, or email - even when resulting from a defect in the Software. Intelligent caution dictates that any program be thoroughly tested with noncritical data before relying on it. The user assumes the entire risk of using the program. Any liability of the Licensor will be limited exclusively to product replacement or refund of purchase price.

The Software is not fault tolerant and is not designed, manufactured, or intended for use in environments or applications in which failure of the Software could lead directly to death, personal injury, environmental damage, or financial loss.


10. EQUITABLE REMEDIES. Licensee hereby agrees that Licensor would be irreparably damaged if the terms of this EULA were not specifically enforced, and therefore Licensee agrees that Licensor shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of this EULA, in addition to such other remedies as Licensor may otherwise have available to it under applicable laws.


11. TRADE SECRETS; TITLE. Licensee acknowledges and agrees that the structure, design, and organization of the Software are the valuable trade secrets of Licensor. Licensee agrees to hold such trade secrets in confidence. Licensee further acknowledges and agrees that ownership of, and title to, the Licensed Materials and all subsequent copies thereof regardless of the form or media are held by Licensor.


12. DISTRIBUTION. Licensee may not distribute the Licensed Materials to third parties without prior written permission from Licensor. Licensee is permitted to make personal backup copies of the Licensed Materials as desired.


13. EXPORT RESTRICTIONS. Licensee agrees not to export or re-export the Licensed Materials to any country, person, entity or end user subject to U.S.A. export restrictions. Licensee warrants and represents that neither the U.S.A. Bureau of Export Administration nor any other federal agency has suspended, revoked or denied Licensee`s export privileges. By installing the Software, Licensee agrees to the foregoing and Licensee is representing and warranting that they are not located in, under the control of, or a national or resident of any such country.


14. INDEMNIFICATION BY LICENSEE. If Licensee distributes the Licensed Materials in violation of this Agreement, Licensee agrees to indemnify, hold harmless and defend Licensor from and against any claims or lawsuits, including attorney`s fees that arise or result from the use or distribution of the Licensed Materials in violation of this EULA.


15. NO WARRANTY. Any use of the Software is at your own risk. To the maximum extent permitted by applicable law, Licensor and its suppliers, sponsors, and advertisers disclaim all warranties and conditions, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and noninfringement.


16. NO SUPPORT OBLIGATION. Licensor is not obligated to provide technical support or furnish any additional information for the Licensed Materials.


17. NO UPGRADE OBLIGATION. Licensor is not obligated to improve, upgrade, update, or fix problems in the Licensed Materials.


18. PUBLIC REFERENCE. Licensee consents to the public use of its name as a customer of Licensor.


19. NO WAIVER. The failure by any party to exercise any right or remedy provided for herein will not be deemed a waiver of any right or remedy hereunder.


20. GOVERNING LAW. This EULA is governed by the laws of the State of Kansas, U.S.A.


21. SEVERABILITY. In the event that any one or more of the provisions contained herein shall, for any reason, be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provisions of this agreement, but this agreement shall be construed as if such invalid, illegal or unenforceable provisions had never been contained herein, unless the deletion of such provision or provisions would result in such a material change so as to cause completion of the transactions contemplated herein to be unreasonable.


22. HEADINGS. The titles and headings of the sections of this EULA are provided as a convenience of reference. They do not modify or place any construction upon or on any of the provisions of this Agreement.



Licensee hereby acknowledges that they have read and understand the foregoing End-User License Agreement and agree that the action of installing the Software is an acknowledgment of Licensee`s agreement to be bound by the terms and conditions of the Agreement contained herein. Licensee also acknowledges and agrees that this EULA is the complete and exclusive statement of the agreement between the Licensor and Licensee, and that the EULA supersedes any prior or contemporaneous agreement, either oral or written, and any other communications between the Licensor and Licensee.