License Agreement and Warranty LICENSE The customer may: 1. use the program on a single machine; 2. copy the program into any machine-readable or printed form for backup or modification purposes in support of your use of the program on the single machine; 3. modify the program and/or merge it into another program for your use on the single machine (Any portion of this program merged into another program will continue to be subject to the terms and conditions of this Agreement); and, 4. transfer the program and license to another party if the other party agrees to accept the terms and conditions of this Agreement. If you transfer the program, you must at the same time either transfer to the same party all copies whether in printed or machine-readable form, or destroy any copies not transferred; this includes all modifications and portions of the program contained or merged into other programs. You must reproduce and include the copyright notice on any copy, modificaiton or portion merged into another program. YOU MAY NOT USE, COPY, MODIFY OR TRANSFER THE PROGRAM, OR ANY COPY, MODIFICATION OR MERGED PORTION, IN WHOLE OR IN PART, EXCEPT AS EXPRESSLY PROVIDED FOR IN THIS LICENSE. IF YOU TRANSFER POSSESION OF ANY COPY, MODIFICATION OR MERGED PORTION OF THE PROGRAM TO ANOTHER PARTY, YOUR LICENSE IS AUTOMATICALLY TERMINATED. TERM The license is effective until terminated. You may terminate it at any time by destroying the program together with all copies, modifications and merged portions in any form. It will also terminate upon conditions set elsewhere in this Agreement or if you fail to comply with any term or condition of this Agreement. You agree upon such termination to destroy the program together with all copies, modifications and merged portions in any form. LIMITED WARRANTY THE PROGRAM IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. YOU ASSUME THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE PROGRAM. SHOULD THE PROGRAM PROVE DEFECTIVE, YOU (AND NOT NETWORK-SYSTEMS DESIGN, INC.) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME STATES DO NOT ALLOW THE EXCLUSION OR IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS ANY YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. Network-Systems Design, Inc. does not warrant that the functions contained in the program will meet your requirements or that the operation of the program will be uninterrupted or error-free. However, Network-Systems Design, Inc. warrants the diskette(s) on which the program is furnished, to be free from defects in materials and workmanship under normal use for a period of ninety (90) days from the date of delivery to you as evidenced by a copy of your receipt. LIMITATIONS OF REMEDIES Network-Systems Design, Inc.'s entire liability and your exclusive remedy shall be: 1. the replacement of any diskette not meeting the Network-Systems Design, Inc. "Limited Warranty" and which is returned to Network-Systems Design, Inc. with a copy of your reciept, or 2. if Network-Systems Design, Inc. is unable to deliver a replacement diskette which is free of defects in materials or workmanship, you may terminate this Agreement by returning the program and your money will be refunded. IN NO EVENT WILL NETWORK-SYSTEMS DESIGN, INC. BE LIABLE TO YOU FOR ANY DAMAGES, INCLUDING ANY LOST PROFITS, LOST SAVINGS OR OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF USE OF OR INABILITY TO USE SUCH PROGRAM, EVEN IF NETWORK- SYSTEMS DESIGN, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTIAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. GENERAL You may not sublicense, assign or transfer the license or the program, except as expressly provided in this Agreement. Any attempt otherwise to sublicense, assign or transfer of the rights, duties or obligations hereunder is void. This Agreement will be governed by the laws of the State of Wisconsin. Should you have any questions concerning this agreement, you may contact Network- Systems Design, Inc. by writing to Network-Systems Design, Inc., P.O. Box 379, Oshkosh, Wisconsin, 54902. YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. YOU FURTHER AGREE THAT IT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN US, AND THAT IT SUPERSEDES ANY PROPOSAL OR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN US RELATING THE SUBJECT MATTER OF THIS AGREEMENT.