IQ Engineering Software Product License Agreement

IMPORTANT:  Please read the License Agreement below before using this CD-ROM 
package.  The right to use this product is sold only on the condition that 
you, the Customer, agree to the following license.  If you do not agree to 
the terms of the license, promptly return the package and any other materials 
that are a part of the Product Package, together with your proof of payment, 
within 10 days to the place where you obtained it for a full refund.  HOWEVER, 
USING THE MEDIA PACKAGE INDICATES YOUR ACCEPTANCE OF THESE TERMS AND 
CONDITIONS.

1.  Grant of License:  
    In consideration of payment of the license fee, which is part of the price 
    you paid for this Software Product, IQ Engineering ("IQE") grants to you a 
    right to use one (1) copy of the enclosed Software Product (the "Software") 
    on a single computer with one attached monitor and one printer.  You may not 
    network the Software or otherwise use it on more than one computer or 
    computer terminal at the same time.  A separate license agreement and fee 
    is required if the Software is to be used on more than one computer and 
    printer.  IQE reserves all rights not expressly granted by this license.

2.  Proprietary Rights and Obligations:  
    The structure and organization of the Software are the valuable property 
    of IQE.  When you purchased this Product,  you purchased the magnetic or 
    other physical media on which the Software was originally or subsequently 
    recorded or fixed; but IQE retains all title and ownership in the Software 
    recorded on the original disk copy and all subsequent copies of the 
    Software regardless of the form or media or on which these copies may exist.  
    The license is not a sale of the original Software or any portion or copy 
    of it.

3.  Other Restrictions:  
    The Software and accompanying materials are copyrighted, and are protected 
    by the laws of the United States, other countries, and international 
    agreements.  You may not copy or duplicate the Software except for 
    installation on one computer, for archival purposes, program error 
    verification, or to replace defective media.  All copies must bear the 
    copyright notices contained in the original product.  You agree not to 
    modify, adapt, translate, reverse engineer, decompile, disassemble, 
    interpret, or create derivative works based on the software.  Unauthorized 
    copying of the Software, even if modified, merged, or included with other 
    software, or of the written materials, is expressly forbidden.

4.  Assignment:  
    You may assign your rights under this Agreement to a third party who 
    agrees in writing to be bound by this Agreement prior to the assignment, 
    provided that you transfer all copies of the Software and related 
    documents to that third party or destroy all copies not transferred.   
    Except as set forth in this Agreement, you may not assign your rights in 
    this Agreement, or rent, loan, lease, distribute, or otherwise transfer 
    the Software.  You agree that the Software will not be shipped, 
    transferred, or exported into any country or used in any manner 
    inconsistent with the laws of the United States.

5.  Limited Warranty:  
    IQE warrants that the Software will perform substantially in accordance 
    with the accompanying printed materials for a period of 90 days from the 
    date of your purchase as evidenced by a copy of your receipt.  Any implied 
    warranties in the Software are also limited to the same 90 days.  If the 
    Software fails to comply with this limited warranty, IQE's entire liability 
    and your exclusive remedy shall be, at IQE’s sole option, either (a) to 
    refund the license fee for the Software, or (b) to repair or replace the 
    CD-ROM disk.  This warranty is void if failure of the Software or any 
    hardware has resulted from accident, abuse, or misapplication of the 
    product.  Any replacement Software will be warranted for the remainder 
    of the original warranty period or 30 days, whichever is longer.  These 
    remedies are NOT available outside of the United States.  THE FOREGOING 
    STATES THE SOLE AND EXCLUSIVE REMEDIES FOR IQE'S BREACH OF WARRANTY.  
    EXCEPT FOR THE ABOVE LIMITED WARRANTY, IQE MAKES NO WARRANTIES EXPRESS 
    OR IMPLIED INCLUDING ANY AS TO NON-INFRINGEMENT OF THIRD PARTY RIGHTS, 
    MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.  Some states do 
    not allow limitations on the duration of an implied warranty, so the 
    above limitation may not apply to you.   This limited warranty gives 
    you specific legal rights, and you may have others, which vary from 
    state to state.

6.  Limit of Liability:  
    IN NO EVENT WILL IQE BE LIABLE FOR ANY CONSEQUENTIAL OR INCIDENTAL 
    DAMAGES; INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, 
    BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER 
    PECUNIARY LOSS, OR FOR ANY CLAIM BY ANY PARTY, EVEN IF AN IQE 
    REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  
    Some states do not allow the exclusion or limitation of incidental or 
    consequential damages, so the above limitation or exclusion may not 
    apply to you.

7.  Governing Law and Exclusive Agreement:  
    This Agreement will be governed by the laws of the State of California 
    excluding the application of its conflicts of law rules.  YOU ACKNOWLEDGE 
    THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND THAT IT IS THE 
    COMPLETE AND EXCLUSIVE STATEMENT OF YOUR AGREEMENT WITH IQE WHICH 
    SUPERSEDES ANY PRIOR AGREEMENT, ORAL OR WRITTEN, BETWEEN YOU AND IQE 
    RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.

8.  Government End Users:  
    The Software and related documentation are provided with RESTRICTED 
    RIGHTS.  Use, duplication, or disclosure by the Government is subject 
    to restrictions as set forth in FAR 252.227-7013 subdivision (b) or 
    (c) for DoD contracts.  For Civilian agency contracts, use, reproduction, 
    or disclosure is subject to 52.227-19 subparagraphs (a) through (d), and 
    the restrictions set forth in the accompanying end user agreement. 
    Unpublished rights are reserved.  Manufacturer is IQ Engineering, 
    PO Box 60955, Sunnyvale, California 94088.

Should you have any questions concerning this Agreement, or if you desire 
to contact IQE for any reason, you may do so by writing to the above address.

