License

"Elzed Software" is defined as the Elzed Dynamic Library and Elzed Static Library with which this Software License Agreement ("Agreement") is included and any updates or maintenance releases thereto. "Trial Software" is defined as a version of the Elzed Software that provides full fuctionality for a repeatable one-hour evaluation period. "Sample Files" is defined as example programs, source code, and documentation provided with the Elzed Software. "Software" shall mean Elzed Software, Trial Software, and Sample Files. Do not use the Software until you have carefully read the following Agreement. This Agreement sets forth the terms and conditions for licensing of the Software to you ("you" or "Licensee"), and using the Sample Files and/or incorporating the Elzed Software or Trial Software into your application indicates that you have read and understand this Agreement and accept its terms and conditions. If you are evaluating the Trial Software and do not agree with the terms and conditions of this Agreement, do not use the Trial Software.

I. Grant of License for Software

In exchange for the license fee, and subject to the terms and conditions of this Agreement, Richard Le Cropane (hereafter "the Author") grants to you a limited, non-exclusive, non-transferable license to install and use the Software on your computer(s). You may distribute a licensed version of the Elzed Dynamic Library or Elzed Static Library as part of your application.

II. Restrictions

You agree not to: (1) reverse engineer, decompile, disassemble, or otherwise attempt to modify the Software; (2) enable others to use your registration code(s); (3) use the Trial Software for purposes other than evaluation; (4) use the Software without an appropriate license; (5) distribute any portion of the Software other than a licensed version of the Elzed Dynamic Library or Elzed Static Library.

III. Disclaimer of Warranties

THE SOFTWARE IS PROVIDED "AS-IS," AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE AUTHOR AND HIS SUBSIDIARIES, AFFILIATES, LICENSORS, DISTRIBUTORS, DEALERS OR SUPPLIERS ("REPRESENTATIVES") DISCLAIM ALL OTHER REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SOFTWARE, INCLUDING THEIR FITNESS FOR A PARTICULAR PURPOSE, THEIR QUALITY, THEIR MERCHANTABILITY, OR THEIR NONINFRINGEMENT. THE AUTHOR DOES NOT WARRANT THAT THE SOFTWARE IS SECURE, OR IS FREE FROM BUGS, VIRUSES, ERRORS, OR OTHER PROGRAM LIMITATIONS. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. IN THAT EVENT, ANY IMPLIED WARRANTIES ARE LIMITED IN DURATION TO SIXTY (60) DAYS FROM THE DATE OF PURCHASE OF THE LICENSE FOR THE SOFTWARE. HOWEVER, SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS AS WELL, WHICH VARY FROM STATE TO STATE.

IV. Limitation of Liability and Damages

THE ENTIRE LIABILITY OF THE AUTHOR FOR ANY REASON SHALL BE LIMITED TO THE AMOUNT PAID BY THE CUSTOMER FOR THE SOFTWARE LICENSED FROM AUTHOR OR HIS AUTHORIZED RESELLER. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE AUTHOR AND HIS REPRESENTATIVES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO: DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS OR INVESTMENT, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF THE AUTHOR OR HIS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE, THE AUTHOR OR HIS REPRESENTATIVES' TOTAL LIABILITY TO YOU FOR ACTUAL DAMAGES FOR ANY CAUSE WHATSOEVER WILL BE LIMITED TO THE AMOUNT PAID BY YOU FOR THE SOFTWARE. SOME STATES DO NOT ALLOW THE LIMITATION AND/OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

V. U.S. Government

The Software is a "commercial item," as that term is defined at 48 C.F.R. 2.101 (OCT 1995), consisting of "commercial computer software" and "commercial computer software documentation," as such terms are used in 48 C.F.R. 12.212 (SEPT 1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227-7202-1 through 227-7202-4 (JUNE 1995), all U.S. Government End Users acquire the Software with only those rights set forth herein. Richard Le Cropane, 4 Sherwood Drive, Oswego, Illinois, 60543.

VI. Export Restrictions

You acknowledge and agree that the Software is subject to restrictions and controls imposed by the Export Administration Act and the Export Administration Regulations ("the Acts"). You agree and certify that the Software is not being and will not be used for any purpose prohibited by the Acts. You agree and certify that you are not a citizen or permanent resident of the following countries: Cuba, Iran, Iraq, North Korea, Libya, Sudan or Syria.

VII. General Provisions

This Agreement sets forth the Author's and his Representatives' entire liability and your exclusive remedy with respect to the Software. You acknowledge that this Agreement is a complete statement of the agreement between you and the Author, and that there are no other prior or contemporaneous understandings, promises, representations, or descriptions regarding the Software or any related services. This Agreement does not limit any rights that the Author may have under trade secret, copyright, patent, trademark or other laws. The Author's Representatives are not authorized to make modifications to this Agreement, or to make any additional representations, commitments, or warranties binding on the Author, other than in writing signed by the Author. Accordingly, such additional statements are not binding on the Author and you should not rely upon such statements. If any provision of this Agreement is invalid or unenforceable under applicable law, then it is, to that extent, deemed omitted and the remaining provisions will continue in full force and effect. No delay or failure on the part of the Author in the exercise of any right granted under this Agreement, or available at law or in equity, shall be construed as a waiver of such right. The validity and performance of this Agreement shall be governed by Illinois law (without reference to choice of law principles), except as to copyright and trademark matters, which are covered by federal laws. You agree to submit to the jurisdiction of the federal and state courts of Illinois and waive any objection to venue in such courts. This Agreement is deemed entered into at Oswego, Illinois, and shall be construed as to its fair meaning and not strictly for or against either party.