END USER LICENSE AGREEMENT



 



 



This copy of Rank: Warmaster ("the Software
Product") and accompanying documentation is licensed and not sold. This
Software Product is protected by copyright laws and treaties, as well as laws
and treaties related to other forms of intellectual property. Laser Beams &
Particle Streams Software, Inc. or its subsidiaries, affiliates, and suppliers
(collectively "LBPS") own intellectual property rights in the
Software Product. The Licensee's ("you" or "your") license
to download, use, copy, or change the Software Product is subject to these
rights and to all the terms and conditions of this End User License Agreement
("Agreement").



 



Acceptance



YOU ACCEPT AND AGREE TO BE BOUND BY THE TERMS OF THIS
AGREEMENT BY SELECTING THE "ACCEPT" OPTION AND DOWNLOADING THE
SOFTWARE PRODUCT OR BY INSTALLING, USING, OR COPYING THE SOFTWARE PRODUCT. YOU
MUST AGREE TO ALL OF THE TERMS OF THIS AGREEMENT BEFORE YOU WILL BE ALLOWED TO
DOWNLOAD THE SOFTWARE PRODUCT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS
AGREEMENT, YOU MUST SELECT "DECLINE" AND YOU MUST NOT INSTALL, USE,
OR COPY THE SOFTWARE PRODUCT.



 



License Grant



This Agreement entitles you to install and use one copy of
the Software Product. In addition, you may make one archival copy of the
Software Product. The archival copy must be on a storage medium other than a
hard drive, and may only be used for the reinstallation of the Software
Product. This Agreement does not permit the installation or use of multiple
copies of the Software Product, or the installation of the Software Product on
more than one computer at any given time, on a system that allows shared used
of applications, on a multi-user network, or on any configuration or system of
computers that allows multiple users. Multiple copy use or installation is only
allowed if you obtain an appropriate licensing agreement for each user and each
copy of the Software Product.



 



Restrictions on Transfer



Without first obtaining the express written consent of LBPS,
you may not assign your rights and obligations under this Agreement, or
redistribute, encumber, sell, rent, lease, sublicense, or otherwise transfer
your rights to the Software Product.



 



Restrictions on Use



You may not use, copy, or install the Software Product on
any system with more than one computer, or permit the use, copying, or
installation of the Software Product by more than one user or on more than one
computer. If you hold multiple, validly licensed copies, you may not use, copy,
or install the Software Product on any system with more than the number of
computers permitted by license, or permit the use, copying, or installation by
more users, or on more computers than the number permitted by license.



 



You may not decompile, "reverse-engineer",
disassemble, or otherwise attempt to derive the source code for the Software
Product.



 



You may not use the database portion of the Software Product
in connection with any software other than the Software Product.



 



Restrictions on Alteration



You may not modify the Software Product or create any derivative
work of the Software Product or its accompanying documentation. Derivative
works include but are not limited to translations. You may not alter any files
or libraries in any portion of the Software Product. You may not reproduce the
database portion or create any tables or reports relating to the database
portion.



 



Restrictions on Copying



You may not copy any part of the Software Product except to
the extent that licensed use inherently demands the creation of a temporary
copy stored in computer memory and not permanently affixed on storage medium.
You may make one archival copy which must be stored on a medium other than a
computer hard drive.



 



Disclaimer of Warranties and Limitation of Liability



UNLESS OTHERWISE EXPLICITLY AGREED TO IN WRITING BY LBPS,
LBPS MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, IN FACT OR IN LAW,
INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR
FITNESS FOR A PARTICULAR PURPOSE OTHER THAN AS SET FORTH IN THIS AGREEMENT OR
IN THE LIMITED WARRANTY DOCUMENTS PROVIDED WITH THE SOFTWARE PRODUCT.



 



LBPS makes no warranty that the Software Product will meet
your requirements or operate under your specific conditions of use. LBPS makes
no warranty that operation of the Software Product will be secure, error free,
or free from interruption. YOU MUST DETERMINE WHETHER THE SOFTWARE PRODUCT
SUFFICIENTLY MEETS YOUR REQUIREMENTS FOR SECURITY AND UNINTERRUPTABILITY. YOU
BEAR SOLE RESPONSIBILITY AND ALL LIABILITY FOR ANY LOSS INCURRED DUE TO FAILURE
OF THE SOFTWARE PRODUCT TO MEET YOUR REQUIREMENTS. LBPS WILL NOT, UNDER ANY
CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE FOR THE LOSS OF DATA ON ANY COMPUTER OR
INFORMATION STORAGE DEVICE.



 



UNDER NO CIRCUMSTANCES SHALL LBPS, ITS DIRECTORS, OFFICERS,
EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY OTHER PARTY FOR INDIRECT,
CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES OF ANY KIND
(INCLUDING LOST REVENUES OR PROFITS OR LOSS OF BUSINESS) RESULTING FROM THIS
AGREEMENT, OR FROM THE FURNISHING, PERFORMANCE, INSTALLATION, OR USE OF THE
SOFTWARE PRODUCT, WHETHER DUE TO A BREACH OF CONTRACT, BREACH OF WARRANTY, OR
THE NEGLIGENCE OF LBPS OR ANY OTHER PARTY, EVEN IF LBPS IS ADVISED BEFOREHAND
OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT THAT THE APPLICABLE
JURISDICTION LIMITS LBPS'S ABILITY TO DISCLAIM ANY IMPLIED WARRANTIES, THIS
DISCLAIMER SHALL BE EFFECTIVE TO THE MAXIMUM EXTENT PERMITTED.



 



Limitation of Remedies and Damages



Your remedy for a breach of this Agreement or of any
warranty included in this Agreement is the correction or replacement of the
Software Product. Selection of whether to correct or replace shall be solely at
the discretion of LBPS. LBPS reserves the right to substitute a functionally equivalent
copy of the Software Product as a replacement. If LBPS is unable to provide a
replacement or substitute Software Product or corrections to the Software
Product, your sole alternate remedy shall be a refund of the purchase price for
the Software Product exclusive of any costs for shipping and handling.



 



Any claim must be made within the applicable warranty
period. All warranties cover only defects arising under normal use and do not
include malfunctions or failure resulting from misuse, abuse, neglect,
alteration, problems with electrical power, acts of nature, unusual
temperatures or humidity, improper installation, or damage determined by LBPS
to have been caused by you. All limited warranties on the Software Product are
granted only to you and are non-transferable. You agree to indemnify and hold
LBPS harmless from all claims, judgments, liabilities, expenses, or costs
arising from your breach of this Agreement and/or acts or omissions.



 



Governing Law, Jurisdiction and Costs



This Agreement is governed by the laws of New Jersey,
without regard to New Jersey's conflict or choice of law provisions.



 



Severability



If any provision of this Agreement shall be held to be
invalid or unenforceable, the remainder of this Agreement shall remain in full
force and effect. To the extent any express or implied restrictions are not
permitted by applicable laws, these express or implied restrictions shall
remain in force and effect to the maximum extent permitted by such applicable
laws.