Please read this software licence agreement ("licence") carefully before using the Ductus or any other Evellum software.  By using Evellum software, you are agreeing to be bound by the terms of this licence. If you do not agree to the terms of this licence, do not use the software.  If you do not agree to the terms of the licence, you may return the Evellum software to the pubishers for a refund (contact: www.evellum.com).

1. General. The software, documentation and any fonts accompanying this Licence whether on disk, in read only memory, on any other media or in any other form are licensed, not sold, to you by Evellum for use only under the terms of this Licence, and Evellum reserves all rights not expressly granted to you.   The rights granted herein are limited to Evellum's intellectual property rights in the Evellum Software and do not include any other patents or intellectual property rights. You own the media on which the Evellum Software is recorded but Evellum retains ownership of the Evellum Software itself. The terms of this Licence will govern any software upgrades provided by Evellum that replace and/or supplement the original Evellum Software product, unless such upgrade is accompanied by a separate licence, in which case the terms of that licence will govern.

Title and intellectual property rights in and to any content displayed by or accessed through Evellum Software belongs to the respective content owner.  Such content may be protected by copyright or other intellectual property laws and treaties, and may be subject to terms of use of the third party providing such content. This Licence does not grant you any rights to use such content.

2. Permitted Licence Uses and Restrictions.

A. For single-user versions of Ductus, this Licence allows you to install and use one copy of the Ductus Software on a single computer at a time. This Licence does not allow the Ductus Software to exist on more than one computer at a time, and you may not make the Ductus Software available over a network where it could be used by multiple computers at the same time. You may make one copy of the Ductus Software in machine-readable form for backup purposes only, provided that the backup copy must include all copyright or other proprietary notices contained on the original.

B. A Site Licence agreement allows for the networking of the Ductus program within a single institution for access by multiple users simultaneously. [Refer to your site licence for conditions pertaining to your specific arrangement.]

C. Evellum is not obligated to provide any maintenance, technical or other support for the Ductus Software.

D. Except as and only to the extent permitted in this Licence and by applicable law, you may not copy, decompile, reverse engineer, disassemble, modify, or create derivative works of the Ductus Software or any part thereof. The Ductus software is not intended for use in equipment in which the failure of the software could lead to death, personal injury, or severe physical damage.

3. Transfer. You may not rent, lease, lend, redistribute or sublicense the Ductus Software. All components of the Ductus Software are provided as part of a bundle and may not be separated from the bundle and distributed as stand-alone applications.

NFR (Not for Resale) Copies: Notwithstanding other sections of this Licence, Evellum Software labeled or otherwise provided to you on a promotional basis may only be used for demonstration, testing and evaluation purposes and may not be resold or transferred.

Academic Copies: If the Ductus Software package has an academic label or if you acquired the Ductus Software at an academic discount, you must be an Eligible Educational End User to use the Ductus Software.  "Eligible Educational End Users" means students, faculty, staff and administration attending and/or working at an educational institutional facility (i.e., college campus, public or private schools).

4. Termination. This Licence is effective until terminated. Your rights under this Licence will terminate automatically without notice from Evellum if you fail to comply with any term(s) of this Licence. Upon the termination of this Licence, you shall cease all use of the Ductus Software and destroy all copies, full or partial, of the Evellum Software.

5. Limited Warranty on Media. Evellum warrants the media on which the Software is recorded and delivered by Evellum to be free from defects in materials and workmanship under normal use for a period of sixty (60) days from the date of original retail purchase. Your exclusive remedy under this Section shall be, at Evellum's option, a refund of the purchase price of the product containing the Evellum Software or replacement of the Evellum Software which is returned to Evellum. This limited warranty and any implied warranties on the media including, but not limited to, the implied warranties of merchantability, of satisfactory quality, and of fitness for a particular purpose, are limited in duration to sixty (60) days from the date of original retail purchase. Some jurisdictions do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you. The limited warranty set forth herein is the only warranty made to you and is provided in lieu of any other warranties (if any) created by any documentation, packaging or otherwise. This limited warranty gives you specific legal rights, and you may also have other rights which vary by jurisdiction.

6. Disclaimer of warranties. You expressly acknowledge and agree that use of the Evellum software is at your sole risk and that the entire risk as to satisfactory quality, performance, accuracy and effort is with you. Except for the limited warranty on media set forth above and to the maximum extent permitted by applicable law, the Evellum software is provided 'as is', with all faults and without warranty of any kind, and Evellum hereby disclaims all warranties and conditions with respect to the Evellum software, either express, implied or statutory, including, but not limited to, the implied warranties and/or conditions of merchant-ability, of satisfactory quality, of fitness for a particular purpose, of accuracy, of quiet enjoyment, and non-infringement of third party rights. Evellum does not warrant against interference with your enjoyment of the Evellum software, that the functions contained in the Evellum software will meet your requirements, that the operation of the Evellum software will be uninterrupted or error-free, or that defects in the Evellum software will be corrected. No oral or written information or advice given by Evellum shall create a warranty. Should the Evellum software prove defective, you assume the entire cost of all necessary servicing, repair or correction. Some jurisdictions do not allow the exclusion of implied warranties or limitations on applicable statutory rights of a consumer, so the above exclusion and limitations may not apply to you.

7. Limitation of liability. To the extent not prohibited by law, in no event shall Evellum be liable for personal injury, or any incidental, special, indirect or consequential damages whatsoever, including, without limitation, damages for loss of profits, loss of data, business interruption or any other commercial damages or losses, arising out of or related to your use or inability to use the Evellum software, however caused, regardless of the theory of liability (contract, tort or otherwise) and even if Evellum has been advised of the possibility of such damages. Some jurisdictions do not allow the limitation of liability for personal injury, or of incidental or consequential damages, so this limitation may not apply to you.

8. Complete Agreement; Governing Language. This Licence constitutes the entire agreement between the parties with respect to the use of the Evellum Software licensed hereunder and supersedes all prior or contemporaneous understandings regarding such subject matter. No amendment to or modification of this Licence will be binding unless in writing and signed by Evellum.

Effective 31 August 2004.

Evellum

contact: www.evellum.com