"iSilo(TM) for Windows" version 4.

3 End User License Agreement

These terms apply to "iSilo(TM) for Windows" version 4.3.
SOFTWARE LICENSE AGREEMENT
This is a legal agreement between you ("Licensee"), the end user, and DC & Co.
The software programs and documentation ("Software") provided by DC & Co. are li
censed by DC & Co. to the original customer. Please read this license agreement
("Agreement"). Using the Software indicates that you accept these terms.
YOU AGREE THAT YOUR USE OF THE SOFTWARE ACKNOWLEDGES THAT YOU HAVE READ THIS LIC
ENSE, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS AND THAT
THIS AGREEMENT HAS THE SAME FORCE AND EFFECT AS A SIGNED AGREEMENT. IF YOU DO N
OT AGREE TO ALL THE TERMS OF THIS LICENSE, YOU ARE NOT AUTHORIZED TO USE THE SOF
TWARE.
1. LICENSE.
a) TRIAL MODE: DC & Co. grants Licensee the non-exclusive right to use the Softw
are in trial mode for a period of no more than thirty (30) days, to run consecut
ively from the date of first use.
b) REGISTERED MODE: In exchange for the payment of the required license fee for
the Software, DC & Co. grants Licensee a perpetual non-exclusive, non-transferab
le, worldwide, royalty-free right and license to use the Software in registered
mode on the number of handheld computers for which Licensee has paid the appropr
iate license fee.
c) FREE MODE: DC & Co. grants Licensee the non-exclusive right to use the Softwa
re in free mode, a mode in which some features are limited.
2. RESTRICTIONS. DC & Co. retains all right, title, and interest in and to the S
oftware. Any rights not granted to Licensee in this Agreement are reserved by DC
& Co.
a) Licensee may not modify, reverse engineer, decompile, disassemble, or otherwi
se attempt to learn the inner workings, source code, structure, or algorithms un
derlying the Software except to the extent permitted under applicable law.
b) Licensee may not create derivative works based upon the Software.
c) Licensee may not rent, lease, sublicense, or sell the Software or any portion
of the Software.
d) Licensee may not remove or alter any trademark, logo, copyright or any other
proprietary notices, legends, symbols or labels on or in the Software.
e) Licensee may not use the Software to develop either directly or indirectly an
application competitive to any product developed by DC & Co.
f) Licensee may not use the Software in a manner that violates any applicable la
ws in the jurisdictions in which Licensee uses the Software, including, but not
limited to, laws concerning copyright and intellectual property rights.
g) Licensee may not export or re-export the Software if such an action violates
applicable laws and restrictions in the jurisdiction in which Licensee intends t
o perform such an action.
h) Licensee may make copies of the software for backup, but for no other purpose
.
3. FEES. If Licensee wishes to use the Software in registered mode, Licensee mus
t pay a license fee.
4. BETA VERSIONS. In the event that the Software is a beta version, the terms of
this section shall apply. Licensee's license to use the Software expires 30 day
s after installation or such other period as indicated by the Software or associ
ated notices. The Software may include a mechanism to cause it to cease to func
tion after the license period expires. Licensee agrees not to attempt to circumv
ent or defeat any such mechanism. By using the Software, Licensee is aware that
:
a) The Software may contain errors that prevent it from functioning properly and
such errors may cause irretrievable data loss.
b) DC & Co. intends to release a final commercial version of the Software but re
serves the right not to do so.
c) The Software may contain more, less, or substantially different functionality
than the final release version.
d) DC & Co. recommends that Licensee use the Software in a test environment. Th
e Software is not suitable for production use.
e) The purpose of the Software is to help verify the proper operation of the sof
tware across a variety of usage scenarios and environments.
5. TERMINATION. This Agreement is effective until terminated. Without prejudice
to any other rights, DC & Co. may terminate this Agreement if Licensee fails to
comply with any term or condition of this Agreement. Upon termination, Licensee
agrees to destroy all copies of the Software in Licensee's possession. Licensee
may terminate this Agreement at any time by destroying all copies of the Softwar
e in Licensee's possession.
6. DISCLAIMER OF WARRANTIES. THE SOFTWARE IS PROVIDED TO LICENSEE "AS IS" WITHOU
T FURTHER WARRANTY OF ANY KIND. DC & CO. DISCLAIMS ALL IMPLIED WARRANTIES, INCLU
DING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR
A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT, WITH RESPECT TO THE SOFTWARE. T
HE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE SOFTWARE PRODUCT REMAINS
WITH LICENSEE. DC & CO. DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SO
FTWARE WILL MEET LICENSEE'S REQUIREMENTS, THAT THE OPERATION OF THE SOFTWARE WIL
L BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED. THE FOREGOI
NG DISCLAIMERS APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAW IN LICENSEE'S JUR
ISDICTION.
7. LIMITATION OF LIABILITY. TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, IN N
O EVENT SHALL DC & CO. BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, OR
SPECIAL DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF B
USINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, AND THE LI
KE, ARISING OUT OF THIS AGREEMENT OR THE USE OF OR INABILITY TO USE THE SOFTWARE
EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
8. SUPPORT SERVICES. DC & Co. shall have no obligation under this Agreement to p
rovide Licensee with any maintenance or technical support services with respect
to Licensee's use of the Software.
9. PROPRIETARY RIGHTS. The Software is protected by United States copyright law
and international copyright treaties and provisions, as well as other intellectu
al property laws and treaties. The Software is licensed, not sold. DC & Co. ret
ains title to and ownership of the Software and the patents, copyrights, trade s
ecrets, trademarks, intellectual property rights, and other proprietary interest
s therein. Licensee acknowledges that no title to the intellectual property in t
he Software is transferred from DC & Co. to Licensee. Licensee further acknowled
ges that title and full ownership rights to the Software will remain the exclusi
ve property of DC & Co., and Licensee will not acquire any rights to the Softwar
e except as expressly set forth in this Agreement.
10. NO WAIVER. The failure of either party to enforce any provision of this Agre
ement shall not be deemed a waiver of such provision. The rights of DC & Co. un
der this Agreement are in addition to any other rights and remedies provided by
law or under this Agreement.
11. PARTIAL INVALIDITY. If any provision in this Agreement shall be found to be
invalid or unenforceable in any jurisdiction in which this Agreement is being p
erformed, the remainder of this Agreement shall remain valid and enforceable and
the parties shall negotiate in good faith, a substitute enforceable provision w
hich most nearly effects the parties' intent in entering into this Agreement.
12. ENTIRE AGREEMENT. This Agreement is the entire agreement between DC & Co. an
d Licensee relating to the Software and supercedes all prior or contemporaneous
oral or written communications, proposals, and representations with respect to t
he Software.