CVP optimizer 1.0.6

EULA - End User License Agreement

FREE USE LICENSE

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 YOU DO NOT AGREE, PLEASE TERMINATE INSTALLATION IMMEDIATELY, AND DO
NOT USE THIS SOFTWARE.

1. SOFTWARE COVERED BY THIS LICENSE

CVP optimizer 1.0.6

2. PROGRAM USE LICENSE.

(a) You may, free of charge (for trial period):

· install and use CVP optimizer free of charge for the trial purpose.

· copy, store, distribute and transmit, free of charge, identical
copies of this Original Distribution Package of CVP optimizer to others, as
long as it is deemed current by author.

· 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 CVP optimizer.

(b) You may not:

· modify, translate, reverse engineer, decompile, disassemble, or
create derivative works based on, this CVP optimizer program.

· sell or license copies of CVP optimizer to others without agreement with author.

· remove any proprietary notices or labels on CVP optimizer.

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

(c) All rights not expressly granted by author in this Agreement are
entirely and exclusively reserved to author.

3. SUPPORT. CVP optimizer contains online help files. However, hard-copy
documentation, telephone assistance and other support are not
available under this free license.

4. DISCLAIMER OF WARRANTY. AUTHOR DISCLAIMS ANY AND ALL WARRANTIES,
EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY
OR FITNESS FOR A PARTICULAR PURPOSE. YOU ACKNOWLEDGE AND AGREE THAT
YOU HAD FULL OPPORTUNITY TO TEST CVP OPTIMIZER BEFORE ANY
LIVE, PUBLIC OR PRODUCTION USE, THAT YOU ASSUME FULL RESPONSIBILITY
FOR SELECTING AND USING CVP OPTIMIZER AND THAT IF YOU USE CVP OPTIMIZER
IMPROPERLY OR AGAINST INSTRUCTIONS, YOU CAN CAUSE DAMAGE TO YOUR FILES,
SOFTWARE, DATA OR BUSINESS. THE ENTIRE RISK AS TO THE QUALITY AND
PERFORMANCE OF CVP OPTIMIZER IS BORNE BY YOU.
THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL
PART OF THE AGREEMENT. Some jurisdictions do not allow exclusions of
an implied warranty, so this disclaimer may not apply to you and you
may have other legal rights that vary by jurisdiction.

5. LIMITATION OF LIABILITY. IN NO EVENT SHALL AUTHOR BE LIABLE FOR ANY INCIDENTAL,
CONSEQUENTIAL, OR PUNITIVE DAMAGES WHATSOEVER RELATING TO THE USE OF CVP OPTIMIZER,
FILES CREATED USING CVP OPTIMIZER, OR YOUR RELATIONSHIP WITH AUTHOR. Some
jurisdictions do not allow exclusion or limitation of liability for
incidental or consequential damages, therefore the above limitation
may not apply to you.

6. RESTRICTED RIGHTS LEGEND. 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.

7. 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
CVP optimizer software and all other materials in thisCVP optimizer Original
Distribution Package and, at authors sole discretion, any or all of the
files created by you using CVP optimizer and distributed to others.

8. HIGH RISK ACTIVITIES. CVP optimizer 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 CVP optimizer
could lead directly to death, personal injury, or severe physical or
environmental damage ("High Risk Activities"). Author
specifically disclaim any express or implied warranty of fitness for
High Risk Activities.

9. 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 author. Waiver by author 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.