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Applicability

This EULA applies to ipPulse from Northwest Performance Software, Inc.


End-User License Agreement For
Northwest Performance Software, Inc. SOFTWARE

ipPulse (TM) is Copyright 1998-2016
Northwest Performance Software, Inc.
All rights reserved.

IMPORTANT--READ CAREFULLY: This End-User License Agreement (EULA) is a legal agreement between you (either an individual or a single entity) and Northwest Performance Software, Inc. (NWPSW) for the NWPSW software accompanying this EULA, which includes the accompanying computer software, and may include associated media, printed materials and any "online" or electronic documentation ("SOFTWARE PRODUCT"). By installing the SOFTWARE PRODUCT, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, do not install or use the SOFTWARE PRODUCT; you may, however, return it to your place of purchase for a full refund.

Be sure to carefully read and understand all of the rights and restrictions described in this Northwest Performance Software, Inc. EULA. You will be asked to review and either accept or not accept the terms of the EULA. This software will not install on your computer unless or until you accept the terms of this EULA.

BY REMOVING THE SHRINK WRAP AND/OR JEWEL CASE SEAL AND INSTALLING THIS SOFTWARE PRODUCT, YOU ACCEPT THE TERMS OF THIS EULA. If this EULA is viewed during the running of the installation program, your click of the "yes" button is a symbol of your signature that you accept the terms of the EULA.

The following license agreement contains sections explicitly marked for TRIAL USE users and REGISTERED VERSION users. If you are evaluating this software, then the TRIAL USE sections apply to you. Users who have purchased this software are additionally bound by the terms of the REGISTERED VERSION sections. ALL OTHER SECTIONS NOT EXPLICITLY MARKED APPLY TO ALL USERS.

For your reference, you may refer to the copy of this EULA that can be found in the license.txt file of this SOFTWARE PRODUCT. You may also receive a copy of this EULA by contacting Northwest Performance Software, Inc.

SOFTWARE PRODUCT LICENSE

The SOFTWARE is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The SOFTWARE is licensed, not sold.

1. GRANT OF LICENSE.

Applications Software--TRIAL USE. NWPSW grants to you the right to use one copy of the SOFTWARE PRODUCT on a single computer for evaluation purposes during a Trial Usage Period not to exceed thirty (30) days. If you want to continue using this software after the Trial Usage Period, you MUST make a registration/purchase payment to Northwest Performance Software, Inc. or its authorized representatives. Using this software after the Trial Usage Period without purchasing the software is a violation of the terms of this limited license.
Applications Software--REGISTERED VERSION. You may install and use one copy of the SOFTWARE PRODUCT on a single computer.
Storage/Network Use. You may also store or install a copy of the SOFTWARE PRODUCT on a storage device, such as a network server, used only to install or run the SOFTWARE PRODUCT on your other computers over an internal network; however, you must acquire and dedicate a license for each separate computer on which the SOFTWARE PRODUCT is installed or run from the storage device. A license for the SOFTWARE PRODUCT may not be shared or used concurrently on different computers.

Reservation of Rights. All rights not expressly granted are reserved by NWPSW.

2. RESTRICTIONS.

*You must maintain all copyright notices on all copies of the SOFTWARE.

*Trademarks. This EULA does not grant you any rights in connection with any trademarks or service marks of NWPSW.

*Limitations of Reverse Engineering, Decompilation and Disassembly. You may not reverse engineer, decompile, or disassemble the SOFTWARE, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.

*Rental. You may not rent or lease or lend the SOFTWARE.

*Trial Version Distribution. Trial Version copies may be distributed freely without charge so long as the SOFTWARE remains whole including but not limited to existing copyright notices, installation and setup utilities, help files, license agreement, executable files, etc. and DOES NOT CONTAIN either valid serial numbers or illegal serial numbers. In executing such an act, or similar copyright or license violation, to the maximum extent permitted by applicable law, you may be held liable for loss of revenue to the NWPSW or NWPSW's representatives due to loss of sales or devaluation of the SOFTWARE or both.

*Software Transfer. You may permanently transfer all of your rights under this EULA, provided you retain no copies, you transfer all of the SOFTWARE (including all component parts, the media and printed materials, any upgrades, this EULA and, if applicable, the Certificate of Authenticity), and the recipient agrees to the terms of this EULA. If the SOFTWARE portion is an upgrade, any transfer must include all prior versions of the SOFTWARE.

*Support Services. NWPSW may provide you with support services related to the SOFTWARE ("Support Services") Use of Support Services is governed by the NWPSW policies and programs described in the user manual, in "online" documentation, and/or other NWPSW-provided materials. Any supplemental software code provided to you as a part of Support Services shall be considered part of the SOFTWARE and subject to the terms of this EULA. With respect to technical information you provide to NWPSW as part of the Support Services, NWPSW may use such information for its business purposes, including for product support and development. NWPSW will not utilize such technical information in a form that personally identifies you.

*TERMINATION. Without prejudice to any other rights, NWPSW may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must destroy all copies of the SOFTWARE and all of its component parts.

3. UPGRADES. If the SOFTWARE PRODUCT is labeled as an upgrade, you must be properly licensed to use a product identified by NWPSW as being eligible for upgrade in order to use the SOFTWARE PRODUCT. A SOFTWARE PRODUCT labeled as an upgrade replaces and/or supplements the product that formed the basis for your eligibility for the upgrade. You may use the resulting upgraded product only in accordance with the terms of this EULA. If the SOFTWARE PRODUCT is an upgrade of a component of a package of software programs that you licensed as a single product, the SOFTWARE PRODUCT may be used and transferred only as part of that single product package and may not be separated for use on more than one computer.

4. COPYRIGHT. All title and copyrights in and to the SOFTWARE PRODUCT (including but not limited to any images, photographs, animations, video, audio, music, text and "applets," incorporated into the SOFTWARE PRODUCT), the accompanying printed materials, and any copies of the SOFTWARE PRODUCT, are owned by NWPSW or its suppliers. All title and intellectual property rights in and to the content which may be accessed through use of the SOFTWARE PRODUCT is the property of the respective content owner and may be protect by applicable copyright or the intellectual property laws and treaties. This EULA grants you no rights to use such content. If this SOFTWARE PRODUCT contains documentation which is provided only in electronic form, you may print one copy of such electronic documentation. You may not copy the printed materials accompanying the SOFTWARE PRODUCT.

4a. TRIAL USE COPYRIGHT ADDENDUM.
"Unregistered" trial versions of the SOFTWARE may be uploaded to World Wide Web Software repositories or CDROM collections for the strict purpose of download and distribution to other users. This paragraph does not apply to purchased or registered copies of the SOFTWARE PRODUCT.

5. U.S. GOVERNMENT RESTRICTED RIGHTS. The SOFTWARE and documentation are provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of The Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software--Restricted Rights at 48 CFR 52.227-19, as applicable. Manufacturer is Northwest Performance Software, Inc./PO BOX 1375/Sequim, WA 98382.

6. DISCLAIMER OF WARRANTIES. NWPSW AND ITS SUPPLIERS EXPRESSLY DISCLAIM ANY WARRANTY FOR THE SOFTWARE. THE SOFTWARE AND ANY RELATED DOCUMENTATION IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE SOFTWARE IS WITH YOU.

7. LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL NWPSW OR ITS SUPPLIERS BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR ANY INJURY TO PERSON OR PROPERTY, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, FOR LOSS OF PRIVACY FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF NWPSW OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS EXCLUSION OF DAMAGES SHALL BE EFFECTIVE EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE. IN NO EVENT SHALL NWPSW's LIABILITY EXCEED THE PURCHASE PRICE OF THE SOFTWARE. BECAUSE SOME STATES/JURISDICTINS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

8. LIMITATION AND RELEASE OF LIABILITY. The SOFTWARE was provided to you at no charge and NWPSW has included in this EULA terms that disclaim all warranties and liability for the SOFTWARE. To the full extent allowed by law, YOU HEREBY RELEASE NWPSW AND ITS SUPPLIERS FROM ANY AND ALL LIABILITY ARISING FROM OR RELATED TO ALL CLAIMS CONCERNING THE SOFTWARE OR ITS USE. If you do not wish to accept the SOFTWARE under the terms of this EULA, do not install the SOFTWARE. No refund will be made because the SOFTWARE was provided to you at no charge.

9. EXPORT RESTRICTIONS. You agree that neither you nor your customers intend to or will, directly or indirectly, export or transmit the SOFTWARE or related documentation and technical data to any country to which such export or transmission is restricted by any applicable U.S. regulation or statute, without the prior written consent, if required, of the Bureau of Export Administration of the U.S. Department of Commerce, or such other governmental entity as may have jurisdiction over such export or transmission.

10. GOVERNING LAW. If you acquired the SOFTWARE in the United States of America, the laws of the State of Washington, U.S.A will apply to this contract. If this product was acquired outside the United States, then local law may apply.

11. QUESTIONS. Should you have any questions, or if you desire to contact NWPSW for any reason, please write: Northwest Performance Software, Inc./PO Box 1375/Sequim, WA 98382.