ipPulse 1.65

END USER LICENSE AGREEMENT FOR

Northwest Performance Software, Inc. SOFTWARE

ipPulse (TM) is Copyright 1998-2005

Northwest Performance Software, Inc.

All rights reserved.

IMPORTANT--READ CAREFULLY: This End-User License Agreement (EULA)

is a legal agreement between you (either an individual or a

single entity) and Northwest Performance Software, Inc. (NWPSW)

END USER LICENSE AGREEMENT FOR

Northwest Performance Software, Inc. SOFTWARE

ipPulse (TM) is Copyright 1998-2005

Northwest Performance Software, Inc.

All rights reserved.

IMPORTANT--READ CAREFULLY: This End-User License Agreement (EULA)

is a legal agreement between you (either an individual or a

single entity) and Northwest Performance Software, Inc. (NWPSW)

for the NWPSW software accompanying this EULA, which includes the

accompanying computer software, and may include associated media,

printed materials and any "online" or electronic documentation

("SOFTWARE PRODUCT"). By installing the SOFTWARE PRODUCT, you

agree to be bound by the terms of this EULA. If you do not agree

to the terms of this EULA, do not install or use the SOFTWARE

PRODUCT; you may, however, return it to your place of purchase for

a full refund.

Be sure to carefully read and understand all of the rights and

restrictions described in this Northwest Performance Software,

Inc. EULA. You will be asked to review and either accept or not

accept the terms of the EULA. This software will not install on

your computer unless or until you accept the terms of this EULA.

BY REMOVING THE SHRINK WRAP AND/OR JEWEL CASE SEAL AND INSTALLING

THIS SOFTWARE PRODUCT, YOU ACCEPT THE TERMS OF THIS EULA. If this

EULA is viewed during the running of the installation program,

your click of the "yes" button is a symbol of your signature that

you accept the terms of the EULA.

The following license agreement contains sections explicitly

marked for TRIAL USE users and REGISTERED VERSION users.

If you are evaluating this software, then the TRIAL USE

sections apply to you. Users who have purchased this software

are additionally bound by the terms of the REGISTERED

VERSION sections. ALL OTHER SECTIONS NOT EXPLICITLY MARKED

APPLY TO ALL USERS.

For your reference, you may refer to the copy of this EULA that

can be found in the license.txt file of this SOFTWARE PRODUCT.

You may also receive a copy of this EULA by contacting Northwest

Performance Software, Inc.

SOFTWARE PRODUCT LICENSE

The SOFTWARE is protected by copyright laws and international

copyright treaties, as well as other intellectual property laws

and treaties. The SOFTWARE is licensed, not sold.

1. GRANT OF LICENSE.

Applications Software--TRIAL USE. NWPSW grants to you the

right to use one copy of the SOFTWARE PRODUCT on a single

computer for evaluation purposes during a Trial Usage Period

not to exceed thirty (30) days. If you want to continue using

this software after the Trial Usage Period, you MUST make a

registration/purchase payment to Northwest Performance Software,

Inc. or its authorized representatives. Using this software

after the Trial Usage Period without purchasing the software

is a violation of the terms of this limited license.

Applications Software--REGISTERED VERSION. You may install

and use one copy of the SOFTWARE PRODUCT on a single computer.

Storage/Network Use. You may also store or install a copy of

the SOFTWARE PRODUCT on a storage device, such as a network

server, used only to install or run the SOFTWARE PRODUCT on

your other computers over an internal network; however, you must

acquire and dedicate a license for each separate computer on

which the SOFTWARE PRODUCT is installed or run from the storage

device. A license for the SOFTWARE PRODUCT may not be shared or

used concurrently on different computers.

Additional Installation Licenses. If you have acquired this

EULA in a SOFTWARE PRODUCT with an accompanying Additional License

Certificate, you may make the number of additional copies of the

computer software portion of the SOFTWARE PRODUCT authorized on

the printed copy of the Additional License Certificate, and you

may use each copy in the manner specified above.

Reservation of Rights. All rights not expressly granted are

reserved by NWPSW.

2. RESTRICTIONS.

*You must maintain all copyright notices on all copies

of the SOFTWARE.

*Trademarks. This EULA does not grant you any rights in connection

with any trademarks or service marks of NWPSW.

*Limitations of Reverse Engineering, Decompilation and

Disassembly. You may not reverse engineer, decompile,

or disassemble the SOFTWARE, except and only to the

extent that such activity is expressly permitted by

applicable law notwithstanding this limitation.

*Rental. You may not rent or lease or lend the SOFTWARE.

*Trial Version Distribution. Trial Version copies may be

distributed freely without charge so long as the SOFTWARE

remains whole including but not limited to existing copyright

notices, installation and setup utilities, help files,

license agreement, executable files, etc. and DOES NOT

CONTAIN either valid serial numbers or illegal serial numbers.

In executing such an act, or similar copyright or license

violation, to the maximum extent permitted by applicable law,

you may be held liable for loss of revenue to the NWPSW or

NWPSW's representatives due to loss of sales or devaluation

of the SOFTWARE or both.

*Software Transfer. You may permanently transfer all of

your rights under this EULA, provided you retain no

copies, you transfer all of the SOFTWARE (including all

component parts, the media and printed materials, any

upgrades, this EULA and, if applicable, the Certificate

of Authenticity), and the recipient agrees to the terms

of this EULA. If the SOFTWARE portion is an upgrade,

any transfer must include all prior versions of the SOFTWARE.

*Support Services. NWPSW may provide you with support

services related to the SOFTWARE ("Support Services") Use

of Support Services is governed by the NWPSW policies and

programs described in the user manual, in "online"

documentation, and/or other NWPSW-provided materials.

Any supplemental software code provided to you as a part

of Support Services shall be considered part of the SOFTWARE

and subject to the terms of this EULA. With respect to

technical information you provide to NWPSW as part of the

Support Services, NWPSW may use such information for its

business purposes, including for product support and

development. NWPSW will not utilize such technical

information in a form that personally identifies you.

*TERMINATION. Without prejudice to any other rights, NWPSW may

terminate this EULA if you fail to comply with the terms and

conditions of this EULA. In such event, you must destroy all

copies of the SOFTWARE and all of its component parts.

3. UPGRADES. If the SOFTWARE PRODUCT is labeled as an upgrade,

you must be properly licensed to use a product identified by NWPSW

as being eligible for upgrade in order to use the SOFTWARE PRODUCT.

A SOFTWARE PRODUCT labeled as an upgrade replaces and/or

supplements the product that formed the basis for your eligibility

for the upgrade. You may use the resulting upgraded product only in

accordance with the terms of this EULA. If the SOFTWARE PRODUCT is

an upgrade of a component of a package of software programs that you

licensed as a single product, the SOFTWARE PRODUCT may be used and

transferred only as part of that single product package and may not

be separated for use on more than one computer.

4. COPYRIGHT. All title and copyrights in and to the SOFTWARE PRODUCT

(including but not limited to any images, photographs, animations,

video, audio, music, text and "applets," incorporated into the

SOFTWARE PRODUCT), the accompanying printed materials, and any copies

of the SOFTWARE PRODUCT, are owned by NWPSW or its suppliers. All title

and intellectual property rights in and to the content which may be

accessed through use of the SOFTWARE PRODUCT is the property of the

respective content owner and may be protect by applicable copyright or

the intellectual property laws and treaties. This EULA grants you no

rights to use such content. If this SOFTWARE PRODUCT contains

documentation which is provided only in electronic form, you may print

one copy of such electronic documentation. You may not copy the printed

materials accompanying the SOFTWARE PRODUCT.

4a. TRIAL USE COPYRIGHT ADDENDUM.

"Unregistered" trial versions of the SOFTWARE may be uploaded

to World Wide Web Software repositories or CDROM collections for the

strict purpose of download and distribution to other users. This

paragraph does not apply to purchased or registered copies of the

SOFTWARE PRODUCT.

5. U.S. GOVERNMENT RESTRICTED RIGHTS. The SOFTWARE and

documentation are provided with RESTRICTED RIGHTS.

Use, duplication, or disclosure by the Government is

subject to restrictions as set forth in subparagraph (c)(1)(ii)

of The Rights in Technical Data and Computer Software clause

at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the

Commercial Computer Software--Restricted Rights at

48 CFR 52.227-19, as applicable. Manufacturer is Northwest

Performance Software, Inc./PO BOX 148/Maple Valley, WA 98038-0148.

6. DISCLAIMER OF WARRANTIES. NWPSW AND ITS SUPPLIERS

EXPRESSLY DISCLAIM ANY WARRANTY FOR THE SOFTWARE.

THE SOFTWARE AND ANY RELATED DOCUMENTATION IS

PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND,

EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT

LIMITATION, THE IMPLIED WARRANTIES OF

MERCHANTABILITY, FITNESS FOR A PARTICULAR

PURPOSE, OR NONINFRINGEMENT. THE ENTIRE RISK

ARISING OUT OF THE USE OR PERFORMANCE OF THE SOFTWARE

IS WITH YOU.

7. LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT

PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL

NWPSW OR ITS SUPPLIERS BE LIABLE FOR ANY CONSEQUENTIAL,

INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR

OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION,

DAMAGES FOR ANY INJURY TO PERSON OR PROPERTY, DAMAGES

FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF

BUSINESS INFORMATION, FOR LOSS OF PRIVACY FOR FAILURE

TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF

REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY PECUNIARY

OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY

RELATED TO THE USE OF OR INABILITY TO USE THE SOFTWARE,

EVEN IF NWPSW OR ANY SUPPLIER HAS BEEN ADVISED OF THE

POSSIBILITY OF SUCH DAMAGES. THIS EXCLUSION OF DAMAGES

SHALL BE EFFECTIVE EVEN IF ANY REMEDY FAILS OF ITS

ESSENTIAL PURPOSE. IN NO EVENT SHALL NWPSW's LIABILITY

EXCEED THE PURCHASE PRICE OF THE SOFTWARE. BECAUSE

SOME STATES/JURISDICTINS DO NOT ALLOW THE EXCLUSION OR

LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL

DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

8. LIMITATION AND RELEASE OF LIABILITY. The SOFTWARE

was provided to you at no charge and NWPSW has included

in this EULA terms that disclaim all warranties and

liability for the SOFTWARE. To the full extent allowed

by law, YOU HEREBY RELEASE NWPSW AND ITS SUPPLIERS

FROM ANY AND ALL LIABILITY ARISING FROM OR RELATED

TO ALL CLAIMS CONCERNING THE SOFTWARE OR ITS USE.

If you do not wish to accept the SOFTWARE under the

terms of this EULA, do not install the SOFTWARE. No

refund will be made because the SOFTWARE was provided

to you at no charge.

9. EXPORT RESTRICTIONS. You agree that neither you

nor your customers intend to or will, directly

or indirectly, export or transmit the SOFTWARE

or related documentation and technical data to any

country to which such export or transmission is

restricted by any applicable U.S. regulation or

statute, without the prior written consent, if

required, of the Bureau of Export Administration of

the U.S. Department of Commerce, or such other

governmental entity as may have jurisdiction over

such export or transmission.

10. GOVERNING LAW. If you acquired the SOFTWARE in the

United States of America, the laws of the State of

Washington, U.S.A will apply to this contract. If

this product was acquired outside the United States,

then local law may apply.

11. QUESTIONS. Should you have any questions, or if

you desire to contact NWPSW for any reason, please

write: Northwest Performance Software, Inc./PO Box 1375/

Sequim WA 98382-1375.