SOFTWARE END-USER LICENSE AGREEMENT

IMPORTANT. READ CAREFULLY.

NOTICE TO USER:

BY INSTALLING, COPYING, OR OTHERWISE USING THE SOFTWARE, YOU AGREE TO BE BOUND BY ALL THE TERMS AND CONDITIONS OF THIS END-USER LICENSE AGREEMENT. If you do not agree with the terms and conditions of the License Agreement, do not install or use the software and promptly delete or destroy any and all copies you have of the software. USE OF THIS SOFTWARE IMPLIES THAT YOU READ, UNDERSTOOD AND AGREED TO THE TERMS AND CONDITIONS LISTED IN THIS DOCUMENT.

COPYRIGHT NOTICE

This product, BigSpeed Zipper (in whole or in part, including all files, data, and documentation, from here on referred to as "Software") is Copyright © 1998-2001 by BigSpeedSoft with all rights reserved, and is protected by international treaties and all applicable national or international laws. The sole owner of this product is BigSpeedSoft.

LICENSE AGREEMENT

GRANT. Subject to the provisions contained herein, BigSpeedSoft hereby grants you a limited License to use BigSpeed Zipper free of monetary charge. You may make unlimited copies of the Software for your personal use and give copies to other persons so long as all such copies are unaltered copies of the original distribution archive and contain this Agreement and the same copyright and other proprietary notices that appear on or in the Software. This software is distributed as freeware for PERSONAL AND NON-PROFIT use only. Any other use is strictly prohibited. Particularly, any use for the profit of anyone else, other than BigSpeedSoft, is strictly prohibited. Under no circumstances are you authorized to copy, print or otherwise duplicate, extract or distribute any of the software's embedded art images.

TITLE. This software IS NOT in the Public Domain. Title, ownership rights, and intellectual property rights in and to the Software, images and Documentation shall remain with BigSpeedSoft and/or its suppliers. This Agreement does not include the right to copy or sublicense the Software or the images and is personal to you and therefore may not be assigned (by operation of law or otherwise) or transferred without the prior written consent of BigSpeedSoft. You acknowledge that the Software in source code form remains a confidential trade secret of BigSpeedSoft and/or its suppliers and therefore you agree not to attempt to decipher, decompile, disassemble or reverse engineer the Software or allow others to do so, except to the extent applicable laws specifically prohibit such restriction. You further agree not to modify, alter or create derivative works of the Software.

SUPPORT. This software comes with no promise or offer of any future support, service, upgrades, or technical or other assistance, and you will have no right to contact BigSpeedSoft or its suppliers for such services or assistance. Furthermore, you acknowledge that your use of this software is entirely at your our risk.

TERMINATION. Either party may terminate this Agreement immediately in the event of default by the other party. This Agreement shall automatically terminate, without notice, upon failure by you to comply with any of its terms or conditions. This License shall continue for as long as you use the software. You can terminate this agreement by discontinuing use of the software. Upon any termination of this Agreement, you agree to immediately discontinue the use of the Software and shall within three (3) days destroy all copies of the Software and documentation. The Limitations of Warranties and Liability set out below shall continue in force even after any termination.

RESTRICTIONS. You may not use, copy, modify, translate, or transfer the product or any copy except as expressly defined in this agreement. You may not remove or modify any copyright notice.

LIMITED DISTRIBUTION LICENSE. Permission is granted to shareware and freeware distribution entities, such as CD-ROM publishers and Internet file-distribution websites, to distribute BigSpeed Zipper, provided they supply a complete and unaltered copy of this product, and provided they claim no ownership of this product.

DISCLAIMER OF WARRANTY. BigSpeedSoft DOES NOT MAKE ANY WARRANTY THAT THE SOFTWARE IS COMPATIBLE OR OPERABLE WITH YOUR COMPUTER EQUIPMENT OR SOFTWARE, OR THAT THE SOFTWARE WILL PERFORM WITHOUT INTERRUPTION OR IS FREE OF ERRORS. THIS SOFTWARE IS PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABLE QUALITY, OR FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, OR THOSE ARISING BY LAW, STATUTE, USAGE OF TRADE, OR COURSE OF DEALING. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE IS BORNE BY YOU. SHOULD THE SOFTWARE PROVE DEFECTIVE, YOU AND NOT BigSpeedSoft (OR ITS SUPPLIERS) ASSUME THE ENTIRE COST OF ANY SERVICE OR REPAIR. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THE AGREEMENT.

SOME STATES DO NOT ALLOW EXCLUSIONS OF AN IMPLIED WARRANTY, SO THIS DISCLAIMER MAY NOT APPLY TO YOU AND YOU MAY HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE OR BY JURISDICTION.

LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL BigSpeedSoft OR ITS SUPPLIERS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES. IN NO EVENT WILL BigSpeedSoft BE LIABLE FOR ANY DAMAGES WHATSOEVER, EVEN IF BigSpeedSoft SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR THEY ARE FORESEEABLE. BigSpeedSoft IS ALSO NOT RESPONSIBLE FOR CLAIMS BY ANY THIRD PARTIES. FURTHERMORE, SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.

BigSpeedSoft RESERVES ALL RIGHTS NOT SPECIFICALLY GRANTED IN THIS LICENSE AGREEMENT.