Custody Toolbox distribution permissions and end-user license agreement

CUSTODY TOOLBOX 2 - PRODUCT LICENSE INFORMATION

NOTICE TO USERS: CAREFULLY READ THE FOLLOWING LEGAL AGREEMENT. USE OF THE SOFTWARE PROVIDED WITH THIS AGREEMENT (THE "SOFTWARE") CONSTITUTES YOUR ACCEPTANCE OF THESE TERMS. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT INSTALL AND/OR USE THIS SOFTWARE. USER`S USE OF THIS SOFTWARE IS CONDITIONED UPON COMPLIANCE BY USER WITH THE TERMS OF THIS AGREEMENT.

1. LICENSE GRANT. Five O`clock Software grants you a license to use a copy of this SOFTWARE on any one system for each license that you purchase. "You" means the company, entity or individual whose funds are used to pay the license fee. "Use" means storing, loading, installing, executing or displaying the SOFTWARE. You may not modify the SOFTWARE or disable any licensing or control features of the SOFTWARE except as an intended part of the SOFTWARE`s programming features. When you first obtain a copy of the SOFTWARE, you are granted an evaluation period of not more than 15 days, after which time you must pay for the SOFTWARE according to the terms and prices discussed in the SOFTWARE`s documentation, or you must remove the SOFTWARE from your system. This license is not transferable to any other organization or individual.

2. OWNERSHIP. The SOFTWARE is owned and copyrighted by Five O`clock Software. Your license confers no title or ownership in the SOFTWARE and should not be construed as a sale of any right in the SOFTWARE.

3. COPYRIGHT. The SOFTWARE is protected by United States copyright law and international treaty provisions. You acknowledge that no title to the intellectual property in the SOFTWARE is transferred to you. You further acknowledge that title and full ownership rights to the SOFTWARE will remain the exclusive property of Five O`clock Software and you will not acquire any rights to the SOFTWARE except as expressly set forth in this license. You agree that any copies of the SOFTWARE will contain the same proprietary notices that appear on and in the SOFTWARE.

4. REVERSE ENGINEERING. You agree that you will not attempt to reverse compile, modify, translate, or disassemble the SOFTWARE in whole or in part.

5. NO OTHER WARRANTIES. FIVE O`CLOCK SOFTWARE DOES NOT WARRANT THAT THE SOFTWARE IS ERROR FREE. FIVE O`CLOCK SOFTWARE DISCLAIMS ALL OTHER WARRANTIES WITH RESPECT TO THE SOFTWARE, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT OF THIRD PARTY RIGHTS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.

6. SEVERABILITY. In the event of invalidity of any provision of this license, the parties agree that such invalidity shall not affect the validity of the remaining portions of this license.

7. NO LIABILITY FOR CONSEQUENTIAL DAMAGES. IN NO EVENT SHALL FIVE O`CLOCK SOFTWARE OR ITS SUPPLIERS BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL OR INDIRECT DAMAGES OF ANY KIND ARISING OUT OF THE DELIVERY, PERFORMANCE OR USE OF THE SOFTWARE, EVEN IF FIVE O`CLOCK SOFTWARE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL FIVE O`CLOCK SOFTWARE`S LIABILITY FOR ANY CLAIM, WHETHER IN CONTRACT, TORT OR ANY OTHER THEORY OF LIABILITY, EXCEED THE LICENSE FEE PAID BY YOU, IF ANY.

8. GOVERNING LAW. This license will be governed by the laws of the State of Missouri as they are applied to agreements between Missouri residents entered into and to be performed entirely within Missouri. The United Nations Convention on Contracts for the International Sale of Goods is specifically disclaimed.

9. ENTIRE AGREEMENT. This is the entire agreement between you and Five O`clock Software which supersedes any prior agreement or understanding, whether written or oral, relating to the subject matter of this license.

Copyright 2006 Five O`clock Software. All Rights Reserved.

Custody Toolbox Distribution Agreement

You are hereby licensed to make as many copies of the evaluation version of this software and documentation as you wish; give exact copies of the original evaluation version to anyone; and distribute the evaluation version of the software and documentation in its unmodified form via electronic means. There is no charge for any of the above.

You are specifically prohibited from charging, or requesting donations, for any such copies, however made; and from distributing the software and/or documentation with other products (commercial or otherwise) without the prior written consent of Five O`clock Software.

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