FASTGRAPH/LIGHT-tm Copyright 1993 Ted Gruber Software, All Rights Reserved SINGLE USER LICENSE. This describes the only terms by which we, TED GRUBER SOFTWARE, P.O. Box 13408, Las Vegas, NV 89112, (702) 735-1980, permit distribution and use of this software and its related files in this Evaluation version, and in its Registered version (the "Software"). This Evaluation Version is shareware, which means you have the right to try it for free, but not to use it for free. A. OWNERSHIP: Except to the extent expressly licensed by us, we have and reserve the exclusive copyright, trade secret and other rights to the Software, and the right to use the Trademark FASTGRAPH (the "Trademark") in connection with it. In particular, no rights are granted to distribute the Registered Version of the Software, or to copy related printed materials. B. USE OF SOFTWARE; PROGRAMS YOU CREATE 1. EVALUATE FOR 30 DAYS: You may evaluate the Evaluation Version for 30 days. We will, on request, reasonably extend this period. To lawfully continue to use it beyond the period (as it may be extended), or to distribute any program created using the Software, you must pay us the Registration Fee. In return: (a) we will send you the latest Registered Version, (b) when your program is linked with the Registered Version, no registration reminder messages will appear, (c) we grant a perpetual royalty-free right to you to distribute programs created using the Software and the external video driver that those programs need to run. 2. LIMITS: Registered users may use the Registered Version of the Software for their own purposes "just like a book". This permits use by any number of people on any number of machines so long as -- just like a book -- there is NO POSSIBILITY that more than one copy will be used at a time. Please contact us to learn about our special rates for site and other multiple user licenses. C. DISTRIBUTION 1. EVERYONE may distribute the Evaluation Version if (a) all of its related files (including this one) in compressed or other format as released by us are included, and (b) it is not modified, and no copyright or trademark related information is removed. 2. Additional rules apply to "Commercial Distribution", which as used here means distribution for money or gain, and INCLUDES copying onto disks, CD-Roms and all other tangible media now or subsequently known, and distribution by retail rack, direct mail, catalog, advertisement, or trade show; and DOES *NOT* INCLUDE distribution by any not-for-profit organization, by any hobby, user or computer interest group to its members, or electronically by any BBS. (a) You may Commercially Distribute the Evaluation Version of the Software under the Trademark so long as you (1) clearly market it as shareware using "try before you buy" or similar words, (2) try to sell only the most current version, (3) make distribution copies only from master copies received directly from us using high quality disks and duplication technology and (4) receive written permission in our discretion from us. We reserve the right to require a license fee or other payment for Commercial Distribution of the Evaluation Version. (b) TERM: Your distribution rights terminate upon 30 days prior written notice by us. Following such termination, you may distribute the Evaluation Version until the earlier of 60 days after the termination date in the notice, or completion of the distribution of the copies you have in stock. Sections A, D, E of this License survive termination. D. LIMITED WARRANTY AND LIMITATION OF REMEDIES If the Registered Version of the Software or accompanying written materials contain a physical defect, you may return it to the place of purchase within 90 days of receiving them for a replacement. Other than this limited warranty: (1) THE SOFTWARE (INCLUDING ITS REGISTERED AND EVALUATION VERSIONS) IS PROVIDED "AS-IS", AND NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, ARE MADE AS TO IT OR ANY MEDIUM IT MAY BE ON; AND (2) UNDER NO CIRCUMSTANCES WILL WE PROVIDE A REMEDY FOR DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE, INCIDENTAL OR OTHER DAMAGES ARISING FROM IT, INCLUDING SUCH FROM NEGLIGENCE, STRICT LIABILITY, OR BREACH OF WARRANTY OR CONTRACT, EVEN AFTER NOTICE OF THE POSSIBILITY OF SUCH DAMAGES. E. MISCELLANY 1. Since we would be irreparably damaged if Section A, B, or C of this were not specifically enforced, we will be entitled without bond, other security or proof of damages, to appropriate equitable remedies with respect to breaches of such sections, in addition to such other remedies as we may have. 2. You will hold us, our partners, contractors, employees and agents harmless from damage, loss and expense arising directly or indirectly from your acts and omissions in copying and distributing the Software. 3. With respect to every matter arising under this License, you consent to the exclusive jurisdiction and venue of the state and federal courts sitting in Las Vegas, Nevada, and to service by certified mail, return receipt requested, or as otherwise permitted by law. 4. Your right to distribute under this license is personal, and does not include any right to (a) sublicense or otherwise cause any copying or distribution of the Software by anyone else without our consent in writing, or (b) rent or lease the Software, or (c) sell it as part of any hardware or software package. 5. You will not for any reason modify, reverse compile, disassemble, or reverse engineer the Software, or use or disclose any of our secret information that it contains. License Ver. 08.01.93