ComputerExpert 2007 3.5

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS.

YOU AGREE THAT ALL OF THE TERMS AND CONDITIONS BELOW APPLY TO YOU AND

ANYONE ELSE WHO USES THIS SOFTWARE, IF EITHER:

· YOU CLICK THE "ACCEPT" BUTTON, OR

· YOU COPY, INSTALL, OR USE THIS COPY OF ComputerExpert SOFTWARE, OR

· YOU PERMIT OR ENABLE OTHERS TO COPY, INSTALL OR USE THIS ComputerExpert

SOFTWARE.

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS.

YOU AGREE THAT ALL OF THE TERMS AND CONDITIONS BELOW APPLY TO YOU AND

ANYONE ELSE WHO USES THIS SOFTWARE, IF EITHER:

· YOU CLICK THE "ACCEPT" BUTTON, OR

· YOU COPY, INSTALL, OR USE THIS COPY OF ComputerExpert SOFTWARE, OR

· YOU PERMIT OR ENABLE OTHERS TO COPY, INSTALL OR USE THIS ComputerExpert

SOFTWARE.

IF YOU DO NOT AGREE, PLEASE TERMINATE INSTALLATION IMMEDIATELY, AND DO

NOT USE THIS SOFTWARE.

1. SOFTWARE COVERED BY THIS LICENSE

This license agreement ("Agreement") applies only to the version of

the ComputerExpert software package ("ComputerExpert") with which this Agreement is

included by the Association for Shareware Professionals ("ASP").

Different license terms may apply to other software packages or other

materials from ASP, and license terms for later versions of ComputerExpert may

also be changed.

2. FREE USE LICENSE.

(a) Original Distribution Package Necessary. In order to qualify for

the free use license described below, you must have downloaded or

received ComputerExpert in the form of an original ComputerExpert distribution package

as distributed by ASP, including all files contained in such package

("Original Distribution Package"). Current Original Distribution

Packages for ComputerExpert are available from ASP and ASP-authorized ComputerExpert

distributors. Copies of ComputerExpert not received in the form of an

Original Distribution Package are not licensed for use, copying or

transmission by you or others.

(b) You may, free of charge:

· install and use ComputerExpert free of charge, for the purpose of creating,

changing, storing, distributing and transmitting software description

data files in PAD file format(s).

· copy, store, distribute and transmit, free of charge, identical

copies of this Original Distribution Package of ComputerExpert to others, as

long as it is deemed current by ASP.

· store, and distribute and transmit to others, the software

description data files created in PAD file format(s) by proper use of

this version of ComputerExpert ("proper use" is defined below).

· describe and designate the software description data files created

in PAD file format(s) by proper use of this version of ComputerExpert

program ) to others as "PAD" or "Portable Application Description"

files.

"Proper use" of ComputerExpert is use of the ComputerExpert program fully in

accordance with ASP guidelines, as such guidelines may be changed,

clarified or corrected by ASP from time to time. If you have any

questions as to proper use of this ComputerExpert program, or other guidelines

regarding use of the terms "PAD" or "Portable Application

Description", you may contact ASP via the contact information included

in this Original Distribution Package.

(c) You may not:

· permit others to use this ComputerExpert program unless they are properly

licensed by ASP, either under this Agreement or another agreement from

ASP.

· modify, translate, reverse engineer, decompile, disassemble, or

create derivative works based on, this ComputerExpert program.

· copy ComputerExpert except as described above.

· sell or license copies of ComputerExpert to others.

· remove any proprietary notices or labels on ComputerExpert or any other ASP

software.

· use ComputerExpert in or for High Risk Activities (defined below)

(d) All rights not expressly granted by ASP in this Agreement are

entirely and exclusively reserved to ASP.

4. SUPPORT. ComputerExpert contains online help files. However, hard-copy

documentation, telephone assistance and other support are not

available under this free license.

5. PAD FILE FORMAT AND OTHER LICENSES.

(a) The PAD file formats are data file formats that are owned by

solely by ASP, and specified and changed from time to time solely by

ASP.

(b) This ComputerExpert program, as distributed in this Original Distribution

Package and when properly used as designated solely by ASP, is

intended to create data files in PAD file format(s) endorsed by ASP at

the time this Original Distribution Package was first made publicly

available by ASP. ASP reserves the right to change any PAD file

format at any time at its sole discretion.

(c) You acknowledge and agree that it may become necessary to use

software other than this version of ComputerExpert to create files that may be

referred to publicly by you or others as "PAD" or "Portable

Application Description" Use, duplication, or disclosure by the

U.S. Government is subject to the restrictions set forth in

subparagraphs (a) through (d) of the Commercial Computer-Restricted

Rights clause at FAR 52.227-19 when applicable, or in subparagraph

(c)(1)(ii) of the Rights in Technical Data and Computer Software

clause at DFARS 252.227-7013, or at 252.211-7015, as applicable, and

in similar clauses in the NASA FAR Supplement.

9. TITLE. ASP or its licensors own the ComputerExpert software, all other

materials in this ComputerExpert Original Distribution Package, the PAD File

Format, and the names and marks "ASP", "PAD", "Portable Application

Description" and "ComputerExpert", under the copyright, trademark, and trade

secret laws and all other laws that may apply.

10. TERMINATION. The license will terminate automatically if you

fail to comply with any of the limitations, conditions or obligations

described herein. On termination, you must destroy all copies of the

ComputerExpert software and all other materials in this ComputerExpert Original

Distribution Package and, at ASP's sole discretion, any or all of the

files created by you using ComputerExpert and distributed to others.

11. HIGH RISK ACTIVITIES. ComputerExpert is not fault-tolerant and is not

designed, manufactured or intended for use or resale as on-line

control equipment in hazardous environments requiring fail-safe

performance, such as in the operation of nuclear facilities, aircraft

navigation or communication systems, air traffic control, direct life

support machines, or weapons systems, in which the failure of ComputerExpert

could lead directly to death, personal injury, or severe physical or

environmental damage ("High Risk Activities"). ASP and its suppliers

specifically disclaim any express or implied warranty of fitness for

High Risk Activities.

12. GENERAL. This Agreement constitutes the entire Agreement between

the parties with respect to the subject matter herein and supersedes

all previous and contemporaneous agreements, proposals and

communications, written or oral between you and ASP. Waiver by ASP of

any violation of any provision of this Agreement shall not be deemed

to waive any further or future violation of the same or any other

provision. This Agreement and any dispute relating to ComputerExpert or to

this Agreement shall be governed by the laws of the United States and

the laws of the State of Washington, without regard to U.S. or

Washington choice of law rules. You agree and consent that

jurisdiction and proper venue for all claims, actions and proceedings

of any kind relating to ASP or the matters in this Agreement shall be

exclusively in courts located in Washington. If any part or provision

of this Agreement is held to be unenforceable for any purpose,

including but not limited to public policy grounds, then you agree

that the remainder of the Agreement shall be fully enforceable as if

the unenforceable part or provision never existed. There are no third

party beneficiaries of any promises, obligations or representations

made by ASP herein.