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Archway Systems License Agreement

Please read this Agreement first. By opening the software package or using the software delivered herewith, you indicate your agreement with the terms and conditions of this Agreement.

VERSACAD SOFTWARE LICENSE AGREEMENT

This license agreement ("Agreement") is between Archway Systems, Inc., 2134 Main St. #160, Huntington Beach, CA 92648 ("Archway") and the customer, (individual or entity), that has procured the Licensed Program for use as an end user ("Customer"). This Agreement covers any computer software program(s) in Archway's Personal product line delivered herewith ("Licensed Program"), and supporting documentation ("Documentation"), to be used on a compatible desk-top computer owned or leased by Customer.

1. LICENSE. Archway hereby grants Customer and Customer hereby accepts a non-exclusive, non-transferable license to use each Licensed Program for which a single unit license fee is paid solely on or through a single desk-top computer owned or leased by Customer. Such use shall be made only by a single user at a time. Such use is permitted on a single computer located on a network or operating with a file server provided that such use conforms to the preceding requirements. Customer may transfer a Licensed Program from one computer to another, with elimination of all copies and use of such Licensed Program from the computer from which such transfer is made (except, in the case of a network, a storage copy may be retained on a storage device on the network to use in transferring the Licensed Program from one computer to another).

• Customer shall not rent, lease, sublicense, transfer, convey or assign any Licensed Program to any third party without the written consent of Archway. Customer may copy Licensed Program only as necessary for use on a single computer or related back-up and not otherwise. Customer may not copy Documentation.
  
  
• Customer shall not modify, translate, disassemble, reverse engineer or decompile any Licensed Program or create a derivative work based on a Licensed Program.
  
  
• Archway retains all rights not expressly granted.

2. TITLE; PROTECTION OF LICENSED PROGRAM. Title and all rights of ownership in and to each Licensed Program and copy thereof shall remain in Archway or its third party licensor. Customer agrees to take appropriate action with its employees or other persons permitted access to the Licensed Program to prevent use of the Licensed Program other than as permitted under this Agreement.

3. TERMINATION. Customer may terminate this Agreement by destroying all copies of the Licensed Program. This Agreement or the license granted hereunder may be terminated by Archway if Customer fails to comply with any of the terms and conditions of this Agreement. This Agreement shall remain in force until such termination. Upon termination, Customer shall cease using and return or destroy any Licensed Program as Archway may direct.

4. WARRANTY AND DISCLAIMER. Archway warrants that, upon delivery, each Licensed Program, if properly used on a compatible computer, substantially conforms to the specifications in its associated user Documentation from Archway. Customer's exclusive remedy and Archway's sole obligation under this warranty shall be for Archway to use reasonable efforts to remedy any failure to so conform to such specifications which is reported to Archway in writing within the ninety (90) day period commencing upon delivery to Customer, as documented by Customer, or at Archway's sole election, to refund the lesser of the license fee paid by Customer for the Licensed Program or Archway's suggested list price for the Licensed Program at the time of Customer's order and to terminate this Agreement. In addition, for a period of ninety (90) days from the purchase date of the Licensed Program, Archway will repair or replace any defective diskette on which the Licensed Program is supplied.

Archway MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, WITH REGARD TO ANY LICENSED PROGRAM, DOCUMENTATION, OR SECURITY DEVICE INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Archway makes no warranty that the Licensed Program or Documentation is error-free or that Archway will be able to rectify any problem encountered by Customer in the Licensed Program or Documentation. Licensed Program has been developed and tested by Archway for use with certain compatible computers which it shall identify on request, and attempted use on other computers may significantly impair or prevent operation of the Licensed Program and Archway makes no warranty with respect thereto.

5. LIMITATION OF LIABILITY. Archway's liability for damages shall not exceed the charges paid by Customer for the Licensed Program and Documentation. Archway shall not be liable for any lost profits, lost data, lost use, substitute programs, or any claim or demand against Customer by any other party. IN NO EVENT SHALL Archway OR ITS RESELLER BE LIABLE FOR SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

6. COMPLIANCE WITH EXPORT LAWS. Customer shall be responsible for complying with all laws of the United States controlling the export of the Licensed Program by Customer.

7. U.S. GOVERNMENT RESTRICTED RIGHTS. The Licensed Program 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 Clause at 48 CFR 52.227-19, as applicable. Contractor/manufacturer is Archway Systems, Inc., 2134 Main St. #160, Huntington Beach CA 92648.

8. GENERAL. The provisions of the Agreement shall control over the terms of any purchase order or other writing issued by Customer or on its behalf or other communication between Customer and Archway, or of any agreement or communication between Customer and Archway's reseller. Use of the Licensed Program or opening the software package by Customer shall be deemed conclusive evidence of Customer's agreement with the terms of this Agreement. No modification of this Agreement shall be valid unless executed by an authorized representative of Archway. This Agreement supersedes all prior agreements and understanding between the parties related to the subject matter hereof and is intended by the parties as the complete and exclusive statement of the terms of their agreement. This Agreement shall be governed by the laws of the State of California.

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