TWEAKBIOS LIMITED USE SOFTWARE LICENSE AGREEMENT SINGLE USER PRODUCT This Limited Use Software License Agreement (the "Agreement") is a legal agreement between you, the end-user, and Miro Wikgren (the "Author"). By continuing the installation of this program, by loading or running the program, or by placing or copying the program onto your computer hard drive, you are agreeing to be bound by the terms of this Agreement. If you do not agree to the terms of this Agreement, promptly remove this program from your computer. 1. Grant of License. THE AUTHOR grants to you the right to use one (1) copy of the enclosed program (the "Software") on a single computer. For purposes of this section, "use" means loading the Software into RAM, as well as installation on a hard disk or other storage device. You shall not: rent, lease, sell, distribute for money or other consideration, modify, translate, disassemble, decompile, reverse engineer, or create derivative works based upon the Software. The Software, together with any archive copy thereof, shall be either returned to THE AUTHOR or destroyed when no longer used in accordance with this Agreement, or when the right to use the Software is terminated. You agree that you will not utilize, in any other manner, the Software in violation of any applicable law. 2. Commercial Use is prohibited. Under no circumstances shall you, the end user, be permitted, allowed or authorized to commercially exploit the Software, or any data comprising the Software (whether modified by you or otherwise). 3. Copyright. The Software is owned by THE AUTHOR and is protected by United States copyright laws and international treaty provisions. You must treat the Software like any other copyrighted material, except that you may either (a) make one copy of the Software solely for back-up or archival purposes, or (b) transfer the Software to a single hard disk provided you keep the original solely for back-up or archival purposes. You may not otherwise reproduce, copy or disclose to others, in whole or in any part, the Software. You may not copy the written materials accompanying the Software. The written materials are owned by THE AUTHOR and are protected by the United States copyright laws and International treaties. You agree to use your best efforts to see that any user of the Software licensed hereunder complies with this Agreement. 4. Limited Warranty. THE AUTHOR warrants that if properly installed and operated on a computer for which it is designed, the Software will perform substantially in accordance with the accompanying written materials for a period of ninety (90) days from the date of receipt. THE AUTHOR's entire liability and your exclusive remedy shall be, at THE AUTHOR's option, either (a) return of the price paid or (b) repair or replacement of the Software that does not meet THE AUTHOR's Limited Warranty. To make a warranty claim, return the Software to the point of purchase, accompanied by proof of purchase, your name, your address, and a statement of defect, or return the Software with the above information to THE AUTHOR. This Limited Warranty is void if failure of the Software has resulted in whole or in part from accident, abuse, misapplication or violation of this Agreement. Any replacement Software will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer. This warranty allocates risks of product failure between Licensee and THE AUTHOR. THE AUTHOR's product pricing reflects this allocation of risk and the limitations of liability contained in this warranty. 5. NO OTHER WARRANTIES. THE AUTHOR DISCLAIMS ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE SOFTWARE AND THE ACCOMPANYING WRITTEN MATERIALS. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS THAT VARY FROM JURISDICTION TO JURISDICTION. THE AUTHOR DOES NOT WARRANT THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED, ERROR FREE OR MEET LICENSEE'S SPECIFIC REQUIREMENTS. THE WARRANTY SET FORTH ABOVE IS IN LIEU OF ALL OTHER EXPRESS WARRANTIES WHETHER ORAL OR WRITTEN. THE AGENTS, EMPLOYEES, DISTRIBUTORS, AND DEALERS OF THE AUTHOR ARE NOT AUTHORIZED TO MAKE MODIFICATIONS TO THIS WARRANTY, OR ADDITIONAL WARRANTIES ON BEHALF OF THE AUTHOR. ADDITIONAL STATEMENTS SUCH AS DEALER ADVERTISING OR PRESENTATIONS, WHETHER ORAL OR WRITTEN, DO NOT CONSTITUTE WARRANTIES BY THE AUTHOR AND SHOULD NOT BE RELIED UPON. 6. Exclusive Remedies. You agree that your exclusive remedy against THE AUTHOR, his affiliates, contractors, suppliers, and agents for loss or damage caused by any defect or failure in the Software regardless of the form of action, whether in contract, tort, including negligence, strict liability or otherwise, shall be the return of the purchase price paid or replacement of the Software. This Agreement shall be construed in accordance with and governed by the laws of the State of Texas. Copyright and other proprietary matters will be governed by United States laws and international treaties. IN ANY CASE, THE AUTHOR SHALL NOT BE LIABLE FOR LOSS OF DATA, LOSS OF PROFITS, LOST SAVINGS, SPECIAL, INCIDENTAL, CONSEQUENTIAL, INDIRECT OR OTHER SIMILAR DAMAGES ARISING FROM BREACH OF WARRANTY, BREACH OF CONTRACT, NEGLIGENCE, OR OTHER LEGAL THEORY EVEN IF THE AUTHOR OR ITS AGENT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. 7. General Provisions. Neither this Agreement nor any part or portion hereof shall be assigned, sublicensed or otherwise transferred by you. Should any provision of this Agreement be held to be void, invalid, unenforceable or illegal by a court, the validity and enforceability of the other provisions shall not be affected thereby. If any provision is determined to be unenforceable, you agree to a modification of such provision to provide for enforcement of the provision's intent, to the extent permitted by applicable law. Failure of a party to enforce any provision of this Agreement shall not constitute or be construed as a waiver of such provision or of the right to enforce such provision. If you fail to comply with any terms of this Agreement, YOUR LICENSE IS AUTOMATICALLY TERMINATED. YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, THAT YOU UNDERSTAND THIS AGREEMENT, AND UNDERSTAND THAT BY CONTINUING THE INSTALLATION OF THE SOFTWARE, BY LOADING OR RUNNING THE SOFTWARE, OR BY PLACING OR COPYING THE SOFTWARE ONTO YOUR COMPUTER HARD DRIVE, YOU AGREE TO BE BOUND BY THIS AGREEMENT'S TERMS AND CONDITIONS. YOU FURTHER AGREE THAT, EXCEPT FOR WRITTEN SEPARATE AGREEMENTS BETWEEN THE AUTHOR AND YOU, THIS AGREEMENT IS A COMPLETE AND EXCLUSIVE STATEMENT OF THE RIGHTS AND LIABILITIES OF THE PARTIES. THIS AGREEMENT SUPERSEDES ALL PRIOR ORAL AGREEMENTS, PROPOSALS OR UNDERSTANDINGS, AND ANY OTHER COMMUNICATIONS BETWEEN THE AUTHOR AND YOU RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT. 26.05.97 TweakBIOS.doc