ComputerSafe 3.0.0.5

EULA - End User License Agreement

FREE USE LICENSE

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS.

YOU AGREE THAT ALL OF THE TERMS AND CONDITIONS BELOW APPLY TO YOU AND
ANYONE ELSE WHO USES THIS SOFTWARE, IF EITHER:

YOU CLICK THE "ACCEPT" BUTTON, OR
YOU COPY, INSTALL, OR USE THIS COPY OF PADGEN SOFTWARE, OR
YOU PERMIT OR ENABLE OTHERS TO COPY, INSTALL OR USE THIS PADGEN
SOFTWARE.

IF YOU DO NOT AGREE, PLEASE TERMINATE INSTALLATION IMMEDIATELY, AND DO
NOT USE THIS SOFTWARE.

1. SOFTWARE COVERED BY THIS LICENSE This license agreement ("Agreement") applies only to the
version of the Com-Guard software package ("ComputerSafe") with which this Agreement is included by
COM-GUARD, INC. Different license terms may apply to other software packages or other materials
from COM-GUARD, INC., and license terms for later versions of ComputerSafe may also be changed.
2. FREE USE LICENSE. (a) Original Distribution Package Necessary. In order to qualify for the free use
license described below, you must have downloaded or received ComputerSafe in the form of an original
as distributed by COM-GUARD, INC. (b) You may, free of charge: install and use ComputerSafe free of
charge, for the purpose of evaluating the software for purchase. If you have any questions as to proper
use of this ComputerSafe program, or other guidelines regarding use of the terms, you may contact
COM-GUARD, INC. (c) You may not: permit others to use this ComputerSafe program unless they are
properly licensed by COM-GUARD, INC., either under this Agreement or another agreement from
COM-GUARD, INC.; modify, translate, reverse engineer, decompile, disassemble, or create
derivative works based on, this ComputerSafe program; copy Com-Guard except as described above;
sell or license copies of ComputerSafe to others; remove any proprietary notices or labels on ComputerSafe
or any other COM-GUARD, INC. software; use ComputerSafe in or for High Risk Activities (defined below)
(d) All rights not expressly granted by COM-GUARD, INC. in this Agreement are entirely and exclusively
reserved to COM-GUARD, INC..
3. SUPPORT. ComputerSafe contains online help files. However, hard-copy documentation, telephone
assistance and other support are not available under this free license.
4. DISCLAIMER OF WARRANTY. COM-GUARD, INC. DISCLAIMS ANY AND ALL WARRANTIES,
EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS
FOR A PARTICULAR PURPOSE. YOU ACKNOWLEDGE AND AGREE THAT YOU HAD FULL OPPORTUNITY
TO TEST COMPUTERSAFE BEFORE ANY LIVE, PUBLIC OR PRODUCTION USE, THAT YOU ASSUME FULL
RESPONSIBILITY FOR SELECTING AND USING COMPUTERSAFE AND DISTRIBUTING FILES CREATED
THROUGH USE OF COMPUTERSAFE, AND THAT IF YOU USE COMPUTERSAFE IMPROPERLY OR AGAINST
INSTRUCTIONS, YOU CAN CAUSE DAMAGE TO YOUR FILES, SOFTWARE, DATA OR BUSINESS. THE
ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF COMPUTERSAFE IS BORNE BY YOU. 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.
5. LIMITATION OF LIABILITY. IN NO EVENT SHALL COM-GUARD, INC., OR ITS MEMBERS, OFFICERS,
EMPLOYEES, AFFILIATES, CONTRACTORS, SUBSIDIARIES, OR PARENT ORGANIZATIONS, BE LIABLE
FOR ANY INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES WHATSOEVER RELATING TO THE
USE OF COMPUTERSAFE, FILES CREATED USING COMPUTERSAFE, OR YOUR RELATIONSHIP WITH
COM-GUARD, INC. Some jurisdictions do not allow exclusion or limitation of liability for incidental or
consequential damages; therefore the above limitation may not apply to you.
6. RESTRICTED RIGHTS LEGEND. Use, duplication, or disclosure by the U.S. Government is subject to the
restrictions set forth in subparagraphs (a) through (d) of the Commercial Computer-Restricted Rights
clause at FAR 52.227-19 when applicable, or in subparagraph (c)(1)(ii) of the Rights in Technical Data
and Computer Software clause at DFARS 252.227-7013, or at 252.211-7015, as applicable, and in
similar clauses in the NASA FAR Supplement.
7. TITLE. COM-GUARD, INC. or its licensors own the ComputerSafe software, all other materials in this
ComputerSafe Package and the names and marks "COM-GUARD, INC." and "ComputerSafe", under the
copyright, trademark, and trade secret laws and all other laws that may apply.
8. TERMINATION. The license will terminate automatically if you fail to comply with any of the limitations,
conditions or obligations described herein. On termination, you must destroy all copies of the ComputerSafe
software and all other materials in this ComputerSafe Package and, at COM-GUARD, INC.'s sole discretion,
any or all of the files created by you using ComputerSafe and distributed to others.
9. HIGH RISK ACTIVITIES. ComputerSafe is not fault-tolerant and is not designed, manufactured or intended for use or resale as on-line control equipment in hazardous environments requiring fail-safe performance, such as 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 ComputerSafe could lead directly to death, personal injury, or severe physical or environmental damage ("High Risk Activities").
COM-GUARD, INC. and its suppliers specifically disclaim any express or implied warranty of fitness for
High Risk Activities.
10. GENERAL. This Agreement constitutes the entire Agreement between the parties with respect to
the subject matter herein and supersedes all previous and contemporaneous agreements, proposals
and communications, written or oral between you and COM-GUARD, INC.. Waiver by COM-GUARD, INC.
of any violation of any provision of this Agreement shall not be deemed to waive any further or future
violation of the same or any other provision. This Agreement and any dispute relating to ComputerSafe or to
this Agreement shall be governed by the laws of the United States and the laws of the State of California,
without regard to U.S. or California choice of law rules. You agree and consent that jurisdiction and
proper venue for all claims, actions and proceedings of any kind relating to COM-GUARD, INC. or the
matters in this Agreement shall be exclusively in courts located in California. If any part or provision of this Agreement is held to be unenforceable for any purpose, including but not limited to public policy
grounds, then you agree that the remainder of the Agreement shall be fully enforceable as if the
unenforceable part or provision never existed. There are no third party beneficiaries of any promises,
obligations or representations made by COM-GUARD, INC. herein.