Hutchings Software
End User License Agreement

PLEASE READ THIS SOFTWARE LICENSE AGREEMENT ("LICENSE") BEFORE USING THE SOFTWARE. BY USING THE SOFTWARE, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, DO NOT USING THE SOFTWARE.

1. License. The software accompanying this License (the "HS Software") is licensed, not sold, to you by Hutchings Software ("HS"). HS retains title to the HS Software. The HS Software accompanying this License and any copies which this License authorizes you to make are subject to this License. This License covers HS Software labeled as "Demo" ("Demo Software") or not labeled as such ("Commercial"). This License covers the single user version ("Single User") and multiple users upgrade ("Multiple Users Upgrade") of the HS Software. No other class of HS Software nor other class of license to HS Software is covered by this License.

2. Permitted Uses and Restrictions. Installation and use of the "Commercial" class of HS Software ("HS Commercial Software") is restricted by the license class you have purchased. If you have purchased the "Single User" version, you may install and use the HS Commercial Software on at most one computer at a time. If you have purchased a Multiple Users Upgrade, you may install and use the HS Commercial Software on as many computers indicated by the Multiple Users Upgrade. You may have received a serial number ("Serial Number") with the HS Commercial Software. You may not publish or otherwise make known the Serial Number to other parties.

You may install and use the "Demo" class of HS Software ("HS Demo Software") on any number of computers belonging to you or your organization. Except as expressly permitted in this License, you may not decompile, reverse engineer, disassemble, modify, rent, lease, loan, sublicense, distribute or create derivative works based upon the HS Software in whole or part. Your rights under this License will terminate automatically without notice from HS if you fail to comply with any term(s) of this License.

3. Redistribution. UNDER NO CIRCUMSTANCES SHALL YOU REDISTRIBUTE HS COMMERCIAL SOFTWARE OR HS DEMO SOFTWARE WITHOUT EXPRESS PRIOR WRITTEN CONSENT OF HS.

4. Support. E-mail and web-based support is provided only to the original licensees of HS Commercial Software. In the case where licensee is not a person, e-mail and web-based support will be provided to one contact person designated by licensee.

5. Disclaimer Of Warranty. Some of the HS Software may be designated as alpha, beta, development, pre-release, untested, or not fully tested versions of the HS Software. Such HS Software may contain errors that could cause failures or loss of data, and may be incomplete or contain inaccuracies. You expressly acknowledge and agree that use of the HS Software, including HS Software designated as "release" quality, is at your sole risk. The HS Software is provided "AS IS" and without warranty of any kind and HS EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. HS DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE HS SOFTWARE WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE HS SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE HS SOFTWARE WILL BE CORRECTED. FURTHERMORE, HS DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE HS SOFTWARE OR IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY HS OR AN HS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. SHOULD THE HS SOFTWARE PROVE DEFECTIVE, YOU (AND NOT HS OR AN HS AUTHORIZED REPRESENTATIVE) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. THE LICENSE FEES FOR THE HS SOFTWARE REFLECT THIS ALLOCATION OF RISK. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

6. Limitation Of Liability. UNDER NO CIRCUMSTANCES INCLUDING NEGLIGENCE, SHALL HS BE LIABLE FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OR INABILITY TO USE THE HS SOFTWARE, EVEN IF HS OR AN HS AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall HS's total liability to you for all damages, losses, and causes of action (whether in contract, tort (including negligence) or otherwise) exceed the amount paid for this License.

7. Export Law Assurances. You agree that the HS Software will not be exported outside the United States except as authorized by United States law. You also agree that HS Software that has been rightfully obtained outside of the United States shall not be re-exported except as authorized by the laws of the United States and of the jurisdiction in which the HS Software was obtained.

8. Government End Users. If the HS Software is supplied to the Department of Defense ("DoD") of the United States Government, the HS Software is classified as "Commercial Computer Software" and the DoD only acquires "restricted rights" as defined in Clause 252.227-7013(c)(1) of DFARS. If the HS Software is supplied to any other unit of the United States Government, the Government's rights are as defined in Clause 52.227-19(c)(2) of FAR or, in the case of NASA, as defined in Clause 18-52.227-86(d) of the NASA Supplement to the FAR.

9. Controlling Law and Severability. This License shall be governed by the laws of the United States and the State of California. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of this License shall continue in full force and effect.

10. Complete Agreement. This License constitutes the entire agreement between the parties with respect to the use of the HS Software and supersedes all prior or contemporaneous understandings regarding such subject matter. No amendment to or modification of this License will be binding unless in writing and signed by HS.