SOFTWARE LICENSE AGREEMENT

License Agreement 

Fred Krebs grants to the original purchaser ("Purchaser") a nontransferable, nonexclusive license to use the accompanying software (the "Software") in machine-readable, object code form only, and the associated documentation for the private use of Purchaser as set forth in the Permitted Uses and Prohibited Uses sections below.  Acceptance and use of the Software acknowledges Purchaser's agreement to abide by the terms of this License Agreement.  

Disclaimer

Fred Krebs makes no representations or warranties with respect to the contents of the Software and specifically disclaims any implied warranties and warranties of merchantability or fitness for any particular purpose.  Fred Krebs reserves the right to make changes or alterations in the Software without the obligation to notify anyone of the changes or alterations.
 
Permitted Uses 

Purchaser may (1) copy the Software for backup purposes to support Purchaser's use of the Software; (2) use the Software on a single computer; and (3) if integrated with networked software Purchaser may install this Software on each computer within one network at a single location.
 
Prohibited Uses 

Purchaser may not (1) distribute, rent, sublicense, or otherwise make available to others the Software, documentation, or any copies thereof; (2) modify, translate, adapt, disassemble, or create derivative works from the Software or documentation; or (3) use the Software or permit it to be used on more than one computer at any one time, except as expressly authorized in the Permitted Uses Section above.  The Software, documentation, and all manuals accompanying the Software are copyrighted and all rights are reserved by Fred Krebs.  No copyrighted material may be copied, photocopied, reproduced, translated, or reduced to any electronic medium or machine-readable device without prior written consent from Fred Krebs. 
 
Fred Krebss Rights

Purchaser acknowledges and agrees that the Software and associated documentation are proprietary products of Fred Krebs and certain third parties ("Third-Party Licensors") protected under U.S. and international copyright law.  Purchaser further acknowledges and agrees that all right, title, and interest in and to the Software and any copies thereof, including associated intellectual property rights, are and shall remain with Fred Krebs and Third-Party Licensors.  The License Agreement does not convey to Purchaser any interest in or to the Software, but only a limited right of use revocable in accordance with the terms hereof, and Purchaser agrees to transfer to Fred Krebs any property interests or rights in the Software Purchaser may have or later obtain by operation of law or otherwise which are inconsistent with the rights granted to Purchaser herein.  

Trademarks

All other trademarks associated with the Software are trademarks owned by Fred Krebs or Third-Party Licensors.  No right, license, or interest to such trademarks is granted hereunder, and Purchaser agrees that no such right, license, or interest shall be asserted by Purchaser with respect to such trademarks.  Purchaser agrees not to take any action which would damage the goodwill associated with any such trademarks. 

Limited Warranty 

Fred Krebs warrants to Purchaser that the computer media on which the original Software is recorded will be free of defects in materials and workmanship for a period of thirty (30) days from the date of purchase under normal conditions of use and service.  Should the media become defective within thirty (30) days from the date of purchase, if proof of original purchase can be verified, Fred Krebs will replace the Software or, at its option, Fred Krebs may refund to Purchaser the original Fred Krebs purchase price.  
 
Fred Krebs makes no representations, warranties, or guarantees, express or implied, including warranties of merchantability or fitness for any use or any particular purpose with regard to the Software and documentation.  The Software and documentation are licensed to Purchaser on an AS IS basis.  Liability of Fred Krebs will be strictly limited to the purchase price of the Software in any case.
 
IN NO EVENT SHALL Fred Krebs BE LIABLE FOR ANY DIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS, LOSS OF BENEFITS, OR LOSS OF DATA RESULTING FROM THE USE OF THIS SOFTWARE OR ARISING OUT OF ANY CLAIMED OR ACTUAL BREACH OF WARRANTY.  Some states do not allow the exclusion or limitation of direct, incidental, or consequential damages.  If Purchaser resides in such a state, the above limitation may not apply to Purchaser. 

NO OTHER REPRESENTATIONS OR WARRANTIES CONCERNING THE SOFTWARE OR DOCUMENTATION MAY BE GIVEN EXCEPT THOSE CONTAINED HEREIN.

Termination of License

Fred Krebs may terminate this License Agreement upon a breach by Purchaser of any term hereof.  Upon such termination by Fred Krebs, Purchaser agrees to immediately return to Fred Krebs or destroy all copies of the Software in Purchasers possession.

Miscellaneous

The failure of Fred Krebs to enforce any rights granted hereunder or to take any action against Purchaser in the event of a breach hereunder shall not be deemed a waiver by Fred Krebs as to subsequent enforcement of rights or subsequent actions in the event of future breaches.  Neither this License Agreement nor any interest in this License Agreement is assignable by Purchaser.  This License Agreement represents the entire agreement concerning the Software between Purchaser and Fred Krebs.  Should any term of this License Agreement be declared void or unenforceable by any court of competent jurisdiction, such declaration shall have no effect on the remaining terms hereof.  This License Agreement shall be construed and governed in accordance with the laws of the State of Texas, United States of America.
