PLEASE READ THIS DOCUMENT CAREFULLY. THIS IS A LEGAL AGREEMENT BETWEEN YOU AND EASY SOFTWARE PRODUCTS ("ESP"). BY INSTALLING THIS PACKAGE, AND USING THE HTMLDOC SOFTWARE AND DOCUMENTATION ("SOFTWARE") CONTAINED IN THIS PACKAGE, YOU ARE AGREEING TO BECOME BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. THIS AGREEMENT REPRESENTS THE ENTIRE AND SOLE AGREEMENT CONCERNING THE ESP SOFTWARE, AND IT SUPERSEDES ANY PRIOR PROPOSAL, REPRESENTATION OR UNDERSTANDING REGARDING THE SOFTWARE BETWEEN YOU AND ESP OR ANY OTHER PARTY. IF YOU (hereafter in this document referred to as "LICENSEE") ARE NOT WILLING TO BE BOUND BY THE TERMS OF THIS LICENSE AGREEMENT, PLEASE DO NOT INSTALL OR USE THIS SOFTWARE.

TERMS AND CONDITIONS OF SOFTWARE LICENSE

1. GRANT OF LICENSE; USE RESTRICTIONS. In consideration for the payment of a license fee, ESP grants to LICENSEE a personal, nontransferable (except as provided below) and nonexclusive right to use the SOFTWARE on one (1) computer system, solely for LICENSEE's internal business purposes. LICENSEE agrees that it shall not reverse compile or disassemble any portion of the SOFTWARE not already provided by ESP in source code form.
2. OWNERSHIP OF SOFTWARE. LICENSEE agrees that no title to the SOFTWARE, or the intellectual property in any of the SOFTWARE, or in any SOFTWARE copy, is transferred to LICENSEE, and that all rights not expressly granted to LICENSEE hereunder are reserved by ESP. This license is not a sale of the original SOFTWARE or any copy thereof.
3. TRANSFER RESTRICTIONS. If LICENSEE transfers ownership, or otherwise disposes, of a computer system for which a license for the SOFTWARE was purchased, provided that the transferee agrees to accept the terms and conditions of this AGREEMENT, LICENSEE may transfer the SOFTWARE and all licenses and rights in SOFTWARE granted under this AGREEMENT to such transferee, provided that all SOFTWARE copies are also transferred.
4. DISCLOSURE RESTRICTIONS. LICENSEE agrees to not disclose or otherwise disseminate software licensing information, including the so-called "license key" provided to LICENSEE by ESP, to third parties other than ESP or its official distributors. Should LICENSEE violate this restriction, LICENSEE shall comply with the termination clause of this license and pay a penalty fee of $1000 US per offense or $100,000 US, whichever is greater. This restriction does not apply if the license is being transferred according to the rules in paragraph 3.
5. TERMINATION. If licensee fails to fulfill any of LICENSEE's material obligations under this AGREEMENT, ESP may, at any time thereafter, and in addition to any other available remedies, terminate this AGREEMENT and all licenses and rights granted to LICENSEE under this AGREEMENT. Upon termination of this AGREEMENT, LICENSEE shall, within thirty (30) days after termination, deliver to ESP all removable media and documentation containing the SOFTWARE, and shall render unusable all copies of the SOFTWARE placed in any storage apparatus.
6. GOVERNING LAW. This License is governed by the laws of the State of Maryland, U.S.A., excluding choice of law rules. If any part of this License is found to be in conflict with the law, that part shall be interpreted in its broadest meaning consistent with the law, and no other parts of the License shall be affected.
7. U.S. GOVERNMENT USERS. This SOFTWARE is provided with RESTRICTED RIGHTS. If you are a unit or agency of the United States Government or are acquiring the Software for any such unit or agency, the following applies:

   If the unit or agency is the Department of Defense ("DOD"), the SOFTWARE and its documentation are classified as "commercial computer software" and "commercial computer software documentation" respectively and, pursuant to DFAR Section 227.7202, the Government is acquiring the SOFTWARE and its documentation in accordance with the terms of this License. If the unit or agency is other than DOD, the SOFTWARE and its documentation are classified as "commercial computer software" and "commercial computer software documentation" respectively and, pursuant to FAR Section 12.212, the Government is acquiring the SOFTWARE and its documentation in accordance with the terms of this License.

LIMITED WARRANTY AND DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITY

ESP warrants that it has the authority and right to license the SOFTWARE, and that the SOFTWARE will conform to the material printed specifications therefore which are in effect on the date of original delivery of such SOFTWARE. ESP's warranty and obligation shall extend for a period of ninety (90) days after the date of the original delivery of SOFTWARE to LICENSEE by ESP, and is solely for the benefit of LICENSEE, who has no authority to assign or pass through this warranty to any other person or entity.

Except as provided in this Section, the SOFTWARE is provided to LICENSEE on an "AS IS" basis, and ESP makes no other warranty of any kind, express or implied, with regard to the SOFTWARE licensed hereunder. ESP warrants that the SOFTWARE properly processes date and time information between the years 1970 and 2038. ESP does not warrant or represent that the SOFTWARE will operate uninterrupted or error free or that all defects in the SOFTWARE are correctable or will be corrected. This warranty shall not apply if SOFTWARE is used other than in accordance with ESP's written instructions, or if any of LICENSEE's hardware equipment or other software malfunctions. ESP's entire liability and LICENSEE's exclusive remedy for any defects in the SOFTWARE shall be to obtain ESP's SOFTWARE updates via the Internet or pay a media update fee for each copy of the SOFTWARE.

THE FORGOING WARRANTIES ARE IN LIEU OF, AND ESP DISCLAIMS, ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Some states do not allow the exclusion of implied warranties, so the exclusion above may not apply to LICENSEE. This warranty gives LICENSEE specific legal rights, and LICENSEE may have other rights which vary from state to state.

IN NO EVENT SHALL ESP OR ESP'S LICENSORS BE LIABLE TO LICENSEE FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES OF ANY KIND (INCLUDING WITHOUT LIMITATION LOSS OF PROFITS OR DATA AND PERSONAL INJURY), WHETHER OR NOT ESP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, ARISING OUT OF THIS AGREEMENT. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. In no event will ESP be liable for any claim against LICENSEE by a third party, and LICENSEE hereby agrees to indemnify and hold ESP harmless for any claims for cost, damage, expense or liability arising out of or in connection with the installation, use and performance of the SOFTWARE licensed hereunder, whether alone or in combination with any other product or service. Some states do not allow the limitation or exclusion of liability for incidental or consequential damages, so the limitation above may not apply to LICENSEE.