Excelsior Delivery 1.8

EULA - End User License Agreement

Excelsior Evaluation License Agreement

This License Agreement ("Agreement") is a legal agreement between you (either an individual or a single entity) and Excelsior, LLC ("Excelsior") for the Excelsior software product identified above, which includes computer software, electronic documentation, and the associated printed materials ("Software"). By installing, copying or otherwise using the Software, you agree to be bound by the terms of this Agreement. If you do not agree to the terms of this Agreement, you may not download or use the Software and have to destroy all copies of the Software in your possession.

LICENSE GRANT

Excelsior hereby grants to you a non-exclusive, non-transferable license to use the accompanying Software for the sole purposes of evaluation on the following terms:

You may: a. use the Software on any single computer; b. use the Software on a second computer as long as the first and second computers are not used simultaneously; and c. copy the Software for backup purposes, provided any copy must contain all of the original Software's proprietary notices.

You may not: a. permit other individuals or entities to use the Software; b. modify, translate, reverse engineer, decompile, disassemble (except to the extent applicable laws specifically prohibit such restriction), or create derivative works based on the Software; c. copy the Software (except for back-up purposes); d. rent, lease, or otherwise transfer rights to the Software; or e. remove any proprietary notices or labels on the Software.

The Software is in "use" on a computer when it is loaded into temporary memory (i.e., RAM) or installed into permanent memory (e.g. hard disk, CD- ROM) of that computer.

TITLE

Title, ownership rights, and intellectual property rights in and to the Software, and any copies of the Software shall remain with Excelsior and/or its suppliers. The Software is protected by the copyright laws of the Russian Federation and international copyright treaties. Title, ownership rights, and intellectual property rights in and to the content accessed through the Software is the property of the applicable content owner and may be protected by applicable copyright or other law. This License gives you no rights to such content.

SERVICE AND SUPPORT

The service and support that Excelsior offers for the Software under this Agreement are limited to the service or support, if any, that is freely available on Excelsior's Web site.

NO FAIL-SAFE USES

The Software has been created using technologies that are not fault tolerant and thus the Software is not designed, manufactured, or intended for use or resale as on-line control equipment in hazardous environments requiring fail-safe performance, including, but without limitation, 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 the technologies employed in the Software could lead directly to death, personal injury, or severe physical or environmental damage.

TERMINATION

This license terminates automatically in 30 days after you begin your evaluation use of the Software.

This license will also terminate automatically if you fail to comply with the limitations described above. On termination, you must destroy all copies of the Software.

NO WARRANTY

The Software is supplied on an "as is" basis, and you will bear all risks as to quality and performance of the program. Without limiting the generality of the foregoing, (i) you assume the entire cost of any service or repair and of any damage resulting from the information contained in or compiled by the Software, and (ii) you assume all responsibilities for selection of the Software to achieve your intended results, and for the installation of, use of, and results obtained from the Software.

EXCELSIOR MAKES NO OTHER EXPRESS WARRANTY AND NO WARRANTY OF NO INFRINGEMENT 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 COUNTRIES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO LIMITATIONS MAY NOT APPLY TO YOU. NO EXCELSIOR DEALER, AGENT, OR EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS, OR ADDITIONS TO THIS WARRANTY.

THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER LEGAL RIGHTS THAT VARY FROM COUNTRY TO COUNTRY OR BY JURISDICTION. LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL EXCELSIOR OR ITS SUPPLIERS OR RESELLERS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, OR FOR ANY DAMAGES IN EXCESS OF EXCELSIOR'S LIST PRICE FOR A LICENSE TO THE SOFTWARE, IF ANY, EVEN IF EXCELSIOR SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION. FURTHERMORE, SOME COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.

This Agreement is the entire Agreement between us and supersedes any other communications, advertisements, or understandings with respect to the Software.