Copyright: Copyright 1997 TommySoftware®


TommySoftware® License Contract

This Agreement, between TommySoftware®, North America, Inc. ("TommySoftware®") and you (referred to as the "Licensee") sets forth the terms and conditions under which TommySoftware® grants you a non-exclusive, time limited license to use the computer software known as TommySoftware® product which along with its user instructions and related written materials is hereafter referred to as the "Software". By using the Software (in case of a CD-ROM: opening the jewel case), you are agreeing to be bound by the terms of this

TommySoftware® License Contract No. 5.00

Grant Of License - Permitted Uses:

Unless and until such time as the membership of Licensee in the TommySoftware® Club ends or until and unless TommySoftware® terminates this License as provided below, TommySoftware® accords you the non-exclusive, non-assignable right - hereafter referred to as the "License" - to use the enclosed or downloaded TommySoftware® program on a single computer (i.e. only one central processing unit (CPU) used at only one place.) You are permitted to transfer the Software that is stored on the computer disks/CD-ROMs/hard disk from one computer to another if, and only if the Software is only usable by one single computer at any time. If Licensee is using a network, Licensee may operate the Software on only such number of workstations at any one time, as the number of copies of the Software which Licensee has purchased. The Licensee is permitted to make a single copy for back-up or archival reasons only. Any further use is not permitted. Each copy of the Software is to be treated as if it were a book in that it is to be used by only one person, at one place, and at any one time.

The foregoing License is conditioned upon:

(i)	physical possession by Licensee of one license card for each copy of the Software being used, at the place where the CPU running the Software is located (or, if more than one copy of the Software is being run, at a single place or at every place where there is a CPU running the software); and

(ii)	the Licensee signing and returning a registration card for each copy of the Software, within 30 days following purchase of the Software to TommySoftware®, at the address provided on the registration card. If the software has been delivered on CD-ROM the CD-ROM might take place of the license card. Or if the software was obtained from the TommySoftware® Club by downloading the software: physical possession by Licensee of hard copy of email from TommySoftware® telling Licensee user name and password for downloading the software and an original bill from credit card company. Licensee agrees to this contract explicitly by writing the word "AGREE" (our in other languages the appropriate word) into the appropriate field on the electronic order form.

PROHIBITED ACTIVITIES:

You, the Licensee, are not allowed to:

 -	transfer, assign, make available or pass on the Software or any of the relevant written material, to any third party;

 -	transfer, publish, assign or make available your user name or password to any third party;

 -	transfer the Software through a network or by any other means to other computers;

 -	alter, translate, to decompile, reverse engineer, devolve, simplify, modify, or disassemble the Software or copy it in another form, otherwise reproduce the Software or manufacture, propagate, translate, or to create a derivative works from the Software or the relevant documents;

 -	erase any copyright notices, time stamps or registration numbers, or combine the Software with another program;

without, in each case, the express written consent of TommySoftware®, which TommySoftware® reserves the right to withhold in its sole discretion. In the event of violation of any of these prohibitions, TommySoftware® may cancel this License without granting Licensee any right to cure, and also obtain such damages as permitted by law.

Retention of Rights:

TommySoftware® retains all right and title to the Software, including but not limited to, all publication rights, all development rights, all reproductions rights, and all rights that may follow from the commercial development of the Software. The Licensee does not acquire any ownership rights to the Software, but only those specific rights expressly provided in this License Agreement. The Software is protected by copyright in favor of TommySoftware®, and the symbol TommySoftware®, as well as any future registered trademarks, are trademarks of TommySoftware®, North America, Inc.

Term; Termination:

This License is limited until the membership of Licensee in the TommySoftware® Club ends, or in the case of a retail copy (CD-ROM or Book/Disk set) the license ends after 3 years or unless Licensee violates the conditions of this License Agreement, in which event, TommySoftware® may terminate the License upon 10 days prior written notice, and Licensee shall be liable to TommySoftware® for such damages as are provided by law. Upon such termination Licensee is obliged to return to TommySoftware® all the original disks/CD-ROMs, all the available copies, password, user name, the recorded computer program including any modified copies, and the written material provided by TommySoftware®. Only valid if Licensee applies o become a member of the TommySoftware® Club: It is also explicitly agreed upon that Licensee will never give his password and/or user name to any third party.

Upgrades:

TommySoftware® may produce and distribute, in its sole discretion, more advanced programs, or new versions of the Software. In which event, Licensee will, during such time as determined by TommySoftware®, be entitled to exchange the version of the Software provided with this License for the new version, upon payment to TommySoftware® of such charge as may be determined by TommySoftware® in its sole discretion.

TommySoftware® Club Members:

TommySoftware® North America Inc. reserves the right to reject any application without giving reasons. TommySoftware® North America also reserves the right to change prices and service without prior notice. A decrease of membership fees will not result in a refund to License nor does an increase entitle TommySoftware® to charge License additional fees. Membership will be one year from the day TommySoftware® processes order. TommySoftware® will bill License in advance. License may use Software as long as his membership lasts. Software might inform License about new versions being available. License agrees not to fight credit card charges. License understands that all sales are final. The Licensee is responsible and liable for the safe storage and transmission of the password and use name. TommySoftware® will maintain an Internet site which allows customer to download software. Licensee understands that it is necessary for TommySoftware® to do maintenance work on the Internet site. During that maintenance work site will not be accessible to Licensee. TommySoftware® will take any reasonable precaution to keep site online as long as possible per day. Licensee agrees that TommySoftware® will not be held liable for any interruption of network traffic or data transmission which is caused by a third party or by necessary maintenance work on TommySoftware®s site. TommySoftware® will also not be held liable for longer lasting interruptions if not preventable by TommySoftware®.

Limited Warranties:

TommySoftware® warrants that the Software:

(a)	will perform substantially in accordance with the accompanying written materials included with this License; and

(b)	is properly recorded on the disk/CD-ROM media;

and if it is not, TommySoftware® will replace the Software with Software complying with (a) and (b), provided that TommySoftware® is notified, in writing of the nature of any violation of this warranty and sent the defective disks/CD-ROMs by the Licensee within 90 days following the purchase of the Software by Licensee. Licensee's failure to return the enclosed registration card within 30 days following purchase of the Software invalidates the foregoing limited warranties. If TommySoftware® fails to provide such replacement disks/CD-ROMs which conform to the foregoing limited warranties within 12 weeks following proper request from Licensee, Licensee may obtain a refund of his or her purchase price for the Software, which shall be Licensee's sole remedy. The foregoing limited liability is void if the failure of the Software results from abuse of the Software or its use not in conformity with the written instructions included with the Software. Licensee acknowledges that minor "bugs" are common in software as complex as the Software, and that such minor flaws are not a violation of TommySoftware®'s duties as long as the Software complies with (a) and (b) above. TommySoftware® is not responsible for problems related to the operating system utilized by Licensee.

TommySoftware® expressly disclaims any other warranties, either express or implied, including but not limited to implied warranties of merchantability or of fitness for a particular purpose or arising from usage of trade or course of dealing or performance, with respect to the Software. Nobody is authorized to make any oral representations or warranties regarding the software other than those provided above, and no such representation or warranty shall be relied upon by licensee unless and to the extent, in writing and signed by an officer of TommySoftware®. In no event shall TommySoftware® be liable for any damages whatsoever, whether based on contract, tort, warranty or other legal or equitable grounds, including, without limitation, damages for loss of business profits, business interruption, loss of business information, or other pecuniary loss, arising out of the use of or inability to use the software, even if TommySoftware® has been advised of the possibility of such damages.

Miscellaneous:

Licensee agrees that all sales are final and that a refund - with the above stated exception - is not possible. Licensee agrees not to fight credit card charges. This License Agreement will be governed by the laws of the State of California. The parties agree that any disputes regarding the Software or this License Agreement will be governed by binding arbitration according to the rules of the American Arbitration Association, which arbitration will be in San Francisco County, California. Should any part of this contract prove to be invalid the rest of the contract will remain valid. Any invalid part is to be replaced in a manner as close as possible to the spirit of the original. This License Agreement is the entire agreement between TommySoftware® and the Licensee relating to the Software, and may not be modified except by a written agreement signed by both parties hereto.

North America, Inc.

1843 10th Avenue

San Francisco, CA 94122

U. S. A.

Phone (415) 566 6118

Fax (415) 555 6589

Internet

sales@tommysoftware.com	(Sales)

support@tommysoftware.com	(Technical Support)

http://www.tommysoftware.com	(World Wide Web)

TommySoftware® License Contract No. 5.00 - Copyright 1997 TommySoftware®