Northwest Performance Software, Inc. NetScanTools TM Copyright Notice and License Agreement Copyright 1995-1998 Kirk V. Thomas. All rights reserved. NetScanTools LICENSE AGREEMENT THIS IS A LEGAL AGREEMENT BETWEEN YOU, THE LICENSEE, and Northwest Performance Software, Inc. BY USING THIS PROGRAM, YOU ARE AGREEING TO BECOME BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, PROMPTLY UNINSTALL THIS PROGRAM AND, IF APPLICABLE, RETURN THE DISK PACKAGE AND THE ACCOMPANYING ITEMS (INCLUDING WRITTEN MATERIALS AND BINDERS AND PACKAGING) TO THE PLACE YOU OBTAINED THEM FOR A FULL REFUND. The following license agreement contains sections explicitly marked for TRIAL USE users and REGISTERED VERSION users. If you are evaluating this software, then the TRIAL USE sections apply to you. Users who have made their Registration Payment are additionally bound by the terms of the REGISTERED VERSION sections. ALL OTHER SECTIONS NOT EXPLICITLY MARKED APPLY TO ALL USERS. TRIAL USE LIMITATIONS--GRANT OF LICENSE. Northwest Performance Software, Inc. grants to you the right to use one copy of the enclosed software program, NetScanTools, (the "SOFTWARE") on a single computer for evaluation purposes during a Trial Usage Period not to exceed thirty (30) days. If you want to continue using this software after the Trial Usage Period, you MUST make a registration payment to Northwest Performance Software, Inc. or its authorized representatives. Using this software after the Trial Usage Period without registering the software is a violation of the terms of this limited license. The SOFTWARE is in "use" on a computer when it is loaded into temporary memory (i.e. RAM) or installed into permanent memory (e.g. hard disk, CD-ROM disk, or other storage device) of that computer. However, installation on a network server for the sole purpose of distribution to one or more other computer(s) shall not constitute "use" for which a separate license is required, provided you have a separate license for each computer to which the SOFTWARE is distributed. REGISTERED VERSION GRANT OF LICENSE. Northwest Performance Software, Inc. grants to you the right to use one copy of the enclosed software program, NetScanTools, (the "SOFTWARE") on a single computer. The SOFTWARE is in "use" on a computer when it is loaded into temporary memory (i.e. RAM) or installed into permanent memory (e.g. hard disk, CD-ROM disk, or other storage device) of that computer. However, installation on a network server for the sole purpose of distribution to one or more other computer(s) shall not constitute "use" for which a separate license is required, provided you have a separate license for each computer to which the SOFTWARE is distributed. COPYRIGHT. The SOFTWARE is owned by Northwest Performance Software, Inc., a licensee of Kirk V. Thomas, and is protected by United States copyright laws and international treaty provisions. Therefore, you must treat the SOFTWARE like any other copyrighted material (e.g. a book or musical recording) except that you may either (a) make one copy of the SOFTWARE solely for backup or archival purposes, or (b) 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. Registered versions SHALL NOT BE DISTRIBUTED. TRIAL USE COPYRIGHT ADDENDUM. "Unregistered" trial versions of the SOFTWARE may be uploaded to bulletin boards or to World Wide Web Software repositories or CDROM collections for the strict purpose of download and distribution to other users. OTHER RESTRICTIONS. You may not lease, rent or sub-license the SOFTWARE. You may transfer 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. You may not reverse engineer, decompile, or disassemble the SOFTWARE. EXPORT CONTROLS. None of the SOFTWARE or underlying information or technology may be downloaded or otherwise exported or reexported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria or any other country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the SOFTWARE, you are agreeing to the foregoing and you are representing and warranting that you are not located in, under the control of, or a national or resident of any such country or on any such list. U.S. Government RESTRICTED RIGHTS. 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. Manufacturer is Northwest Performance Software, Inc./PO BOX 148/Maple Valley, WA 98038-0148. TRIAL USE LIMITATIONS--NO WARRANTIES. Northwest Performance Software, Inc. expressly disclaims any warranty for NetScanTools during the Trail Usage Period. NetScanTools and any related documentation is provided "as is" without warranty of any kind, either express or implied, including without limitation, the implied warranties or merchantability, fitness for a particular purpose, or infringement. The entire risk arising out of use or performance of NetScanTools remains with you. REGISTERED VERSION LIMITED WARRANTY. Northwest Performance Software warrants that the registered version of the SOFTWARE is properly recorded on the disk media delivered to the end-user, if any. This warranty extends for sixty (60) days from the date of purchase. There is no warranty after the expiration of the warranty period. REGISTERED VERSION CUSTOMER REMEDIES. Northwest Performance Software's entire liability and your exclusive remedy shall be, at Northwest Performance Software's option, either (a) return of the price paid, or (b) repair or replacement of the SOFTWARE that does not meet Northwest Performance Software's Limited Warranty and which is returned to Northwest Performance Software with a copy of your receipt. This Limited Warranty is void if failure of the SOFTWARE has resulted from accident, abuse, or misapplication. Any replacement SOFTWARE will be warranted for the remainder of the original warranty period or 30 days, whichever is longer. In no event shall Northwest Performance Software's liability exceed the purchase price of the SOFTWARE. NO OTHER WARRANTIES. To the maximum extent permitted by applicable law, Northwest Performance Software, Inc. disclaims all other warranties, either expressed or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement, with regard to the SOFTWARE, the accompanying written materials, and any accompanying hardware. This limited warranty gives you specific legal rights. You may have others, which vary from state to state. Northwest Performance Software does not warrant that the operation of the software will be error free. NO LIABILITY FOR CONSEQUENTIAL DAMAGES. In no event shall the author, Kirk V. Thomas or Northwest Performance Software, Inc. 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 Northwest Performance Software/author has been advised of the possibility of such damages. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. This agreement is governed by the laws of the state of Washington.