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End User License Agreement - Delete the supplied software immediately if you DO NOT agree with this document.

SMC TECHNOLOGIES SOFTWARE END-USER LICENSE AGREEMENT

IMPORTANT-READ CAREFULLY: This smc technologies Software End-User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and smc technologies for all SOFTWARE produced by smc technologies, which includes the User`s Guide, any associated SOFTWARE components, any media, any printed materials other than the User`s Guide, and any "online" or electronic documentation ("SOFTWARE"). 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 the terms of this EULA, do not install or use the SOFTWARE. If the SOFTWARE was mailed to you, return the media envelope along with the rest of the package to the location where you obtained it within 30 days from purchase.

1. The SOFTWARE is licensed, not sold.

2. GRANT OF LICENSE. smc technologies grants you a limited, non-exclusive, non-transferable, royalty-free license to use the executable code of the SOFTWARE on your computer as long as the terms of this agreement are respected.

3. DISTRIBUTION. You are hereby licensed to make copies of the SOFTWARE as you wish; give exact copies of the original SOFTWARE to anyone; and distribute the SOFTWARE in its unmodified form via electronic means (Internet, BBS`s, Shareware distribution libraries, CD-ROMs, etc.). You may charge a distribution fee for the package, but you must not represent in any way that you are selling the SOFTWARE itself. Your distribution of the SOFTWARE will not entitle you to any compensation from smc technologies. You must distribute a copy of this EULA with any copy of the SOFTWARE and anyone to whom you distribute the SOFTWARE is subject to this EULA.

4. TRANSFERRING COPYRIGHTED MATERIAL. Not all files display if it has been authorized for copying or distribution. Copying or distributing copyrighted files may violate United States and foreign copyright laws. Compliance with the copyright law remains your responsibility. Users who infringe on copyrights may be held liable by the copyright owner. If smc technologies becomes aware that you are using its products to infringe on copyrights owned by others, we will discontinue your account in accordance with the Digital Millennium Copyright Act.

5. RESTRICTIONS. You may not reverse engineer, de-compile, or disassemble the SOFTWARE, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation. You may not rent, lease, or lend the SOFTWARE. You may permanently transfer all of your rights under this EULA, provided the recipient agrees to the terms of this EULA. You may not use the SOFTWARE to perform any unauthorized transfer of information (e.g. transfer of files in violation of a copyright) or for any illegal purpose.

6. SUPPORT SERVICES. smc technologies may provide you with support services related to the SOFTWARE. Use of Support Services is governed by smc technologies polices and programs described in the user manual, in online documentation, and/or other materials provided by smc technologies, as they may be modified from time to time. Any supplemental SOFTWARE code provided to you as part of the Support Services shall be considered part of the SOFTWARE and subject to the terms and conditions of this EULA. With respect to technical information you provide to smc technologies as part of the Support Services, smc technologies may use such information for its business purposes, including for product support and development. smc technologies will not utilize such technical information in a form that personally identifies you.

7. TERMINATION. Without prejudice to any other rights, smc technologies may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must destroy all copies of the SOFTWARE.

8. COPYRIGHT. The SOFTWARE is protected by copyright laws and international treaty provisions. You acknowledge that no title to the intellectual property in the SOFTWARE is transferred to you. You further acknowledge that title and full ownership rights to the SOFTWARE will remain the exclusive property of smc technologies and you will not acquire any rights to the SOFTWARE except as expressly set forth in this license. You agree that any copies of the SOFTWARE will contain the same proprietary notices which appear on and in the SOFTWARE.

9. NO WARRANTIES. smc technologies expressly disclaims any warranty for the SOFTWARE. THE SOFTWARE AND ANY RELATED DOCUMENTATION IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, HE IMPLIED WARRANTIES OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NO INFRINGEMENT. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE SOFTWARE REMAINS WITH YOU.

10. LIMITATION OF LIABILITY. IN NO EVENT SHALL SMC TECHNOLOGIES OR ITS SUPPLIERS BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR INDIRECT DAMAGES OF ANY KIND ARISING OUT OF THE DELIVERY, PERFORMANCE, OR USE OF THE SOFTWARE, EVEN IF SMC TECHNOLOGIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

11. MISCELLANEOUS. Should you have any questions concerning this EULA, or if you desire to contact smc technologies for any reason, please contact by electronic mail at: billing@smctechnologies.com

Copyright SMC TECHNOLOGIES 2005

SMC TECHNOLOGIES, INC
2020 Pennsylvania Ave, NW
Washington, DC 20006 USA