MileCharter 2.0

IMPORTANT--READ THESE TERMS CAREFULLY BEFORE RUNNING

THIS SOFTWARE. BY INSTALLING OR USING THIS SOFTWARE, YOU

ACKNOWLEDGE THAT YOU HAVE READ THIS LICENSE AGREEMENT, THAT

YOU UNDERSTAND IT, AND THAT YOU AGREE TO BE BOUND BY ITS

TERMS. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF

THIS LICENSE AGREEMENT, PROMPTLY EXIT THIS PAGE WITHOUT

RUNNING THE SOFTWARE and UNINSTALL THE SOFTWARE.

IMPORTANT--READ THESE TERMS CAREFULLY BEFORE RUNNING

THIS SOFTWARE. BY INSTALLING OR USING THIS SOFTWARE, YOU

ACKNOWLEDGE THAT YOU HAVE READ THIS LICENSE AGREEMENT, THAT

YOU UNDERSTAND IT, AND THAT YOU AGREE TO BE BOUND BY ITS

TERMS. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF

THIS LICENSE AGREEMENT, PROMPTLY EXIT THIS PAGE WITHOUT

RUNNING THE SOFTWARE and UNINSTALL THE SOFTWARE.

THE SOFTWARE PROVIDED HEREUNDER WILL EXPIRE AND NOT

OPERATE AFTER FORTEEN (14) DAYS FROM INSTALLATION. THE

PURCHASE OF A SOFTWARE KEY IS REQUIRED FOR USE OF THE

SOFTWARE AFTER THE FORTEEN (14)-DAY TRIAL PERIOD.

* Grant of License for Registered Users

Winwaed Software Technology, grants you a non-exclusive,

non-transferable license to use the program with which

this license is distributed ("MileCharter(TM)"),

including any documentation files accompanying the

Software ("User Guide") on a single server (if the

Software is server based) or personal computer to support

up to the number of simultaneous users for which you have

paid the license fee, and to make one backup copy of the

Software, provided that: (i) the Software is installed on

only one server or personal computer; (ii) the Software

is NOT modified; (iii) all copyright notices are

maintained on the Software; and (iv) you agree to be bound

by the terms of this License Agreement. The Software and

Documentation shall be used only by you, only for your own

personal or internal business use and not in the operation

of a service bureau or for the benefit of any other person

or entity.

* Ownership

You have no ownership fights in the Software. Rather,

you have a license to use the Software as long as this

License Agreement remains in full force and effect.

Ownership of the Software, Documentation and all

intellectual property fights therein shall remain at all

times with Winwaed Software Technology. Any other use of

the Software by any person, business, corporation,

government organization or any other entity is strictly

forbidden and is a violation of this License Agreement.

* Copyright

The Software and Documentation contain material that is

protected by United States Copyright Law and trade secret

law, and by international treaty provisions. All rights

not granted to you herein are expressly reserved by Winwaed

Software Technology. You may not remove any proprietary

notice of Winwaed Software Technology from any copy of

the Software or Documentation.

* Restrictions

You may not publish, display, disclose, rent, lease,

modify, loan, distribute, or create derivative works based

on the Software or any part thereof. You may not reverse

engineer, decompile, translate, adapt, or disassemble the

Software, nor shall you attempt to create the source code

from the object code for the Software. You may not transmit

the Software over any network or between any devices,

although you may use the Software to make such transmissions

of other materials. You may transfer the Software to other

computers you own as long as you only use it on one computer

at a time.

* Confidentiality

You acknowledge that the Software contains proprietary

trade secrets of Winwaed Software Technology and you hereby

agree to maintain the confidentiality of the Software using

at least as great a degree of care as you use to maintain

the confidentiality of your own most confidential

information. You agree to reasonably communicate the terms

and conditions of this Software License Agreement to those

persons employed by you who come into contact with the

Software, and to use reasonable best efforts to ensure their

compliance with such terms and conditions, including, without

limitation, not knowingly permitting such persons to use any

portion of the Program for the purpose of deriving the source

code of the Program or defeating the Key.

* Limited Warranty

Winwaed Software Technology WARRANTS FOR A PERIOD OF

THIRTY (30) DAYS AFTER PURCHASE THAT THE SOFTWARE WILL

OPERATE SUBSTANTIALLY IN ACCORDANCE WITH THE DOCUMENTATION.

SHOULD THE SOFTWARE NOT SO OPERATE, YOUR EXCLUSIVE REMEDY,

AND Winwaed Software Technology'S SOLE OBLIGATION UNDER THIS

WARRANTY, SHALL BE, AT Winwaed Software Technology'S SOLE

DISCRETION, CORRECTION OF THE DEFECT OR REFUND OF THE

PURCHASE PRICE PAID FOR THE SOFTWARE. ANY USE BY YOU OF THE

SOFTWARE IS AT YOUR OWN RISK. THIS LIMITED WARRANTY IS THE

ONLY WARRANTY PROVIDED BY Winwaed Software Technology

REGARDING THE SOFTWARE. EXCEPT FOR THE LIMITED WARRANTY ABOVE,

THE SOFTWARE IS PROVIDED "AS IS." TO THE MAXIMUM EXTENT

PERMITTED BY LAW, Winwaed Software Technology DISCLAIMS ALL

OTHER WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED,

INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF

MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Winwaed

Software Technology DOES NOT WARRANT THAT THE FUNCTIONS

CONTAINED IN THE SOFTWARE WILL MEET ANY REQUIREMENTS OR NEEDS

YOU MAY HAVE, OR THAT THE SOFTWARE WILL OPERATE ERROR FREE,

OR IN AN UNINTERRUPTED FASHION, OR THAT ANY DEFECTS OR ERRORS

IN THE SOFTWARE WILL BE CORRECTED, OR THAT THE SOFTWARE IS

COMPATIBLE WITH ANY PARTICULAR PLATFORM. SOME JURISDICTIONS

DO NOT ALLOW THE WAIVER OR EXCLUSION OF IMPLIED WARRANTIES

SO THEY MAY NOT APPLY TO YOU.

* Limitation of Liability

IN NO EVENT WILL Winwaed Software Technology BE LIABLE

TO YOU OR ANY THIRD PARTY FOR ANY INCIDENTAL OR CONSEQUENTIAL

DAMAGES (INCLUDING, WITHOUT LIMITATION, INDIRECT, SPECIAL,

PUNITIVE, OR EXEMPLARY DAMAGES FOR LOSS OF BUSINESS, LOSS OF

PROFITS, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS

INFORMATION) ARISING OUT OF THE USE OF OR INABILITY TO USE

THE PROGRAM, OR FOR ANY CLAIM BY ANY OTHER PARTY, EVEN IF

Winwaed Software Technology HAS BEEN ADVISED OF THE

POSSIBILITY OF SUCH DAMAGES. Winwaed Software Technology'S

AGGREGATE LIABILITY WITH RESPECT TO ITS OBLIGATIONS UNDER

THIS AGREEMENT OR OTHERWISE WITH RESPECT TO THE SOFTWARE AND

DOCUMENTATION OR OTHERWISE SHALL NOT EXCEED THE AMOUNT OF

THE LICENSE FEE PAID BY YOU FOR THE SOFTWARE AND

DOCUMENTATION. BECAUSE SOME STATES/COUNTRIES DO NOT ALLOW

THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL

OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY

TO YOU.

* Export Restrictions

THIS LICENSE AGREEMENT IS EXPRESSLY MADE SUBJECT TO ANY

LAWS, REGULATIONS, ORDERS, OR OTHER RESTRICTIONS ON THE

EXPORT FROM THE [COUNTRY] OF THE SOFTWARE OR INFORMATION

ABOUT SUCH SOFTWARE WHICH MAY BE IMPOSED FROM TIME TO TIME

BY THE GOVERNMENT OF THE [COUNTRY]. YOU SHALL NOT EXPORT THE

SOFTWARE, DOCUMENTATION, OR INFORMATION ABOUT THE SOFTWARE

AND DOCUMENTATION WITHOUT CONSENT OF Winwaed Software

Technology AND COMPLIANCE WITH SUCH LAWS, REGULATIONS,

ORDERS, OR OTHER RESTRICTIONS.

* Termination

This License Agreement is effective until it is terminated.

You may terminate this License Agreement at any time by

destroying or returning to Winwaed Software Technology all

copies of the Software and Documentation in your possession

or under your control. Winwaed Software Technology may

terminate this License Agreement for any reason, including,

but not limited to, if Winwaed Software Technology finds

that you have violated any of the terms of this License

Agreement. Upon notification of termination, you agree to

destroy or return to Winwaed Software Technology all copies

of the Software and Documentation and to certify in writing

that all known copies, including backup copies, have been

destroyed. All provisions relating to confidentiality,

proprietary fights, and non-disclosure shall survive the

termination of this Software License Agreement.

* General

This License Agreement shall be construed, interpreted and

governed by the laws of the United States of America without

regard to conflicts of law provisions thereof. The exclusive

forum for any disputes arising out of or relating to this

License Agreement shall be an appropriate court sitting in

Texas, United States of America. This License Agreement shall

constitute the entire Agreement between the parties hereto.

Any waiver or modification of this License Agreement shall

only be effective if it is in writing and signed by both

parties hereto. If any part of this License Agreement is

found invalid or unenforceable by a court of competent

jurisdiction, the remainder of this License Agreement shall

be interpreted so as to reasonably effect the intention of

the parties.