PARASOFT END USER LICENSE AGREEMENT REDISTRIBUTION NOT PERMITTED This Agreement has 3 parts. Part I applies if you have not purchased a license to the accompanying software (the "SOFTWARE"). Part II applies if you have purchased a license to the SOFTWARE. Part III applies to all license grants. If you initially acquired a copy of the SOFTWARE without purchasing a license and you wish to purchase a license, contact ParaSoft Corporation ("PARASOFT"): (626) 305-0041 (888) 305-0041 (USA only) (626) 305-9048 (Fax) info@parasoft.com http://www.parasoft.com PART I -- TERMS APPLICABLE WHEN LICENSE FEES NOT (YET) PAID GRANT. DISCLAIMER OF WARRANTY. Free of charge SOFTWARE is provided on an "AS IS" basis, without warranty of any kind, including without limitation the warranties of merchantability, fitness for a particular purpose and non-infringement. The entire risk as to the quality and performance of the SOFTWARE is borne by you. Should the SOFTWARE prove defective, you and not PARASOFT assume the entire cost of any service and repair. 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. PART II -- TERMS APPLICABLE WHEN LICENSE FEES PAID GRANT OF LICENSE. PARASOFT hereby grants you, and you accept, a limited license to use the enclosed electronic media, user manuals, and any related materials (collectively called the SOFTWARE in this AGREEMENT). You may install the SOFTWARE in only one location on a single disk or in one location on the temporary or permanent replacement of this disk. If you wish to install the SOFTWARE in multiple locations, you must either license an additional copy of the SOFTWARE from PARASOFT or request a multi-user license from PARASOFT. You may not transfer or sub-license, either temporarily or permanently, your right to use the SOFTWARE under this AGREEMENT without the prior written consent of PARASOFT. LIMITED WARRANTY. PARASOFT warrants for a period of thirty (30) days from the date of purchase, that under normal use, the material of the electronic media will not prove defective. If, during the thirty (30) day period, the software media shall prove defective, you may return them to PARASOFT for a replacement without charge. THIS IS A LIMITED WARRANTY AND IT IS THE ONLY WARRANTY MADE BY PARASOFT. PARASOFT MAKES NO OTHER EXPRESS WARRANTY AND NO WARRANTY OF NONINFRINGEMENT OF THIRD PARTIES' RIGHTS. THE DURATION OF IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND OF FITNESS FOR A PARTICULAR PURPOSE, IS LIMITED TO THE ABOVE LIMITED WARRANTY PERIOD; SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO LIMITATIONS MAY NOT APPLY TO YOU. NO PARASOFT DEALER, AGENT, OR EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS, OR ADDITIONS TO THIS WARRANTY. If any modifications are made to the SOFTWARE by you during the warranty period; if the media is subjected to accident, abuse, or improper use; or if you violate the terms of this Agreement, then this warranty shall immediately be terminated. This warranty shall not apply if the SOFTWARE is used on or in conjunction with hardware or software other than the unmodified version of hardware and software with which the SOFTWARE was designed to be used as described in the Documentation. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER LEGAL RIGHTS THAT VARY BY JURISDICTION. YOUR ORIGINAL ELECTRONIC MEDIA/ARCHIVAL COPIES. The electronic media enclosed contain an original PARASOFT label. Use the original electronic media to make "back-up" or "archival" copies for the purpose of running the SOFTWARE program. You should not use the original electronic media in your terminal except to create the archival copy. After recording the archival copies, place the original electronic media in a safe place. Other than these archival copies, you agree that no other copies of the SOFTWARE will be made. TERM. This AGREEMENT is effective from the day you install the SOFTWARE and continues until you return the original SOFTWARE to PARASOFT, in which case you must also certify in writing that you have destroyed any archival copies you may have recorded on any memory system or magnetic, electronic, or optical media and likewise any copies of the written materials. CUSTOMER REGISTRATION. PARASOFT may from time to time revise or update the SOFTWARE. These revisions will be made generally available at PARASOFT's discretion. Revisions or notification of revisions can only be provided to you if you have registered with a PARASOFT representative or on the ParaSoft Web site. PARASOFT's customer services are available only to registered users. PART III -- TERMS APPLICABLE TO ALL LICENSE GRANTS SCOPE OF GRANT. DERIVED PRODUCTS. Products developed from the use of the SOFTWARE remain your property. No royalty fees or runtime licenses are required on said products. PARASOFT'S RIGHTS. You acknowledge that the SOFTWARE is the sole and exclusive property of PARASOFT. By accepting this agreement you do not become the owner of the SOFTWARE, but you do have the right to use the SOFTWARE in accordance with this AGREEMENT. You agree to use your best efforts and all reasonable steps to protect the SOFTWARE from use, reproduction, or distribution, except as authorized by this AGREEMENT. You agree not to disassemble, de-compile or otherwise reverse engineer the SOFTWARE. SUITABILITY. PARASOFT has worked hard to make this a quality product, however PARASOFT makes no warranties as to the suitability, accuracy, or operational characteristics of this SOFTWARE. The SOFTWARE is sold on an "as-is" basis. EXCLUSIONS. PARASOFT shall have no obligation to support SOFTWARE that is not the then current release. TERMINATION OF AGREEMENT. If any of the terms and conditions of this AGREEMENT are broken, this AGREEMENT will terminate automatically. Upon termination, you must return the software to PARASOFT or destroy all copies of the SOFTWARE and Documentation. At that time you must also certify, in writing, that you have not retained any copies of the SOFTWARE. LIMITATION OF LIABILITY. You agree that PARASOFT's liability for any damages to you or to any other party shall not exceed the license fee paid for the SOFTWARE. PARASOFT WILL NOT BE RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OF THE SOFTWARE ARISING OUT OF ANY BREACH OF THE WARRANTY, EVEN IF PARASOFT HAS BEEN ADVISED OF SUCH DAMAGES. THIS PRODUCT IS SOLD "AS-IS". SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. ENTIRE AGREEMENT. This Agreement represents the complete agreement concerning this license and may be amended only by a writing executed by both parties. THE ACCEPTANCE OF ANY PURCHASE ORDER PLACED BY YOU IS EXPRESSLY MADE CONDITIONAL ON YOUR ASSENT TO THE TERMS SET FORTH HEREIN, AND NOT THOSE IN YOUR PURCHASE ORDER. If any provision of this Agreement is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable. This Agreement shall be governed by California law (except for conflict of law provisions). All brand and product names are trademarks or registered trademarks of their respective holders. Copyright 1993-2001 ParaSoft Corporation 2031 South Myrtle Avenue Monrovia, CA 91016