You have chosen to download DBZip v1.1 Bear Claw, Inc. Binary Code License Agreement READ THE TERMS OF THIS AGREEMENT AND ANY PROVIDED SUPPLEMENTAL LICENSE TERMS (COLLECTIVELY "AGREEMENT") CAREFULLY BEFORE OPENING THE SOFTWARE MEDIA PACKAGE.  BY OPENING THE SOFTWARE MEDIA PACKAGE, YOU AGREE TO THE TERMS OF THIS AGREEMENT.  IF YOU ARE ACCESSING THE SOFTWARE ELECTRONICALLY, INDICATE YOUR ACCEPTANCE OF THESE TERMS BY SELECTING THE "ACCEPT" BUTTON AT THE END OF THIS AGREEMENT.  IF YOU DO NOT AGREE TO ALL THESE TERMS, PROMPTLY RETURN THE UNUSED SOFTWARE TO YOUR PLACE OF PURCHASE FOR A REFUND OR, IF THE SOFTWARE IS ACCESSED ELECTRONICALLY, SELECT THE "DECLINE" BUTTON AT THE END OF THIS AGREEMENT. Bear Claw, Inc. Software License Agreement Redistribution Or Rental Not Permitted These terms apply to DBZip. Unless you have a different license agreement signed Bear Claw, Inc. your use of this software indicates your acceptance of this license agreement and warranty. NOTICE TO USER: THIS IS A CONTRACT. BY INSTALLING THIS SOFTWARE YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT. This End User License Agreement (EULA) covers the following software (the Software): DBZip PLEASE READ THE TERMS CAREFULLY BEFORE INSTALLING THE SOFTWARE. BY INSTALLING THE SOFTWARE, LICENSEE ACKNOWLEDGES THAT LICENSEE HAS READ AND UNDERSTANDS THIS AGREEMENT AND AGREES TO BE BOUND BY ITS TERMS AND CONDITIONS. THIS IS A LEGAL AGREEMENT BETWEEN YOU AND BEAR CLAW, INC. IF YOU HAVE INADVERTENTLY LOADED THE SOFTWARE ON YOUR COMPUTER AND DO NOT AGREE WITH THE TERMS OF THIS LICENSE, PROMPTLY DELETE ALL COPIES OF THE SOFTWARE AND DOCUMENTATION. INTRODUCTION This agreement is made between Bear Claw, Inc (hereafter referred to as "Bear Claw" and you, the customer, (hereafter referred to as "LICENSEE". For the purpose of this agreement, the purchased computer software program(s) and supporting documentation will be referred to as the "Software". LICENSE The enclosed software product (the "Software") is owned by Bear Claw or by its suppliers and is protected by copyright law and international treaty provisions. Bear Claw reserves any rights not expressly granted to LICENSEE. Bear Claw retains title and full ownership rights under the copyright laws of the United States or any other jurisdiction or under any federal, state, or foreign laws. The Software is hereby licensed, not sold, to you by Bear Claw or a licensor of Bear Claw (in either case the entity licensing the Software to you is referred to in this Agreement as "Bear Claw"). Subject to the terms and conditions of this Agreement, and any limitations imposed as part of a special promotional or educational program, Bear Claw hereby grants you a non-exclusive license to use the software as set forth below: You May: 1.use the Software only on one database instance make one copy of the Software excluding the documentation for archival or backup purposes. 2. Use the Software on a network, provided that you have a a licensed copy of the Software for each computer that can access the Software over the network. 3. For the number of copies purchased, use one copy of the Software on one database instance at a time at the authorized sites for which the Software is purchased. To "use" the Software means that the Software is either loaded in the temporary memory (i.e., RAM) of a computer or installed on the permanent memory of a computer (i.e., hard disk, etc.). The software must register at the Bear Claw site at www.bearclawinc.com. You are allowed to use the purchased software on a database provided that you have a licensed copy of the Software for every database session concurrently connected to an instance that will access the Software in the database. Once the limit of licensed copies is reached additional users cannot access the software, until additional licenses have been purchased at www.bearclawinc.com. The access in a database instance is licensed by concurrent usage and not by computer seat or named user; you may copy the included documentation to individuals who may use the software on the installed machine; Bear Claw makes available to you upon written notice to Bear Claw a transfer of the Software to another user provided that you keep no copies of the Software and the transferee agrees to the terms of this agreement. 4. Make one copy for each copy purchased of the Software in machine-readable form solely for backup purposes. As an express condition of this License, LICENSEE must reproduce on each copy any copyright notice or other proprietary notice that is on the original copy supplied by Bear Claw. 5. Notwithstanding any other terms in this License, if the Software is licensed as an upgrade or update, then LICENSEE may only use the Software to replace valid previously licensed versions of the same software. LICENSEE agrees that the upgrade or update does not constitute the granting of an additional license to the Software (i.e., you may not use the upgrade or update in addition to the software it is replacing, nor may you transfer the software which is being replaced to a third party). 6. Use by additional concurrent users shall be permitted only by purchasing additional licenses. RESTRICTIONS The Software contains trade secrets in its human perceivable form and, to protect them, you may not: 1.use, copy, modify, or transfer the Software or the documentation, or any copy in whole or in part, except as expressly provided for in this license. 2.allow the Software to be used on more than one computer at a time or by more than one person at a time except as otherwise expressly provided herein. 3.rent, loan, distribute, lease, assign, or sub-license the Software or the documentation, modify or adapt the Software or documentation in whole or in part including but not limited to translation or creating derivative works. 4.disassemble or reverse compile for the purpose of reverse engineering the Software. (The Software contains copyrighted material, trade secrets, and other proprietary material. In order to protect them, and except as permitted by applicable legislation, you may not decompile, reverse engineer, disassemble or otherwise reduce the Software to a human-perceivable form.) 5. Licensee may not make any attempt to discover the source code, create derivative works from the Software, or use the Software to create products that compete with the Software; 6. copy any of the documentation accompanying the Software without permission; TRANSFER LICENSEE may not transfer Software without prior acceptance by Bear Claw. LIMITATIONS OF REMEDIES AND LIABILITY BEAR CLAW'S LIABILITY AND YOUR EXCLUSIVE REMEDY ARE AS SET FORTH ABOVE AND BEAR CLAW DISCLAIMS ALL OTHER WARRANTIES OR CONDITIONS, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABLE QUALITY AND FITNESS FOR A PARTICULAR PURPOSE AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE. No modification or addition to this warranty is authorized unless it is set forth in writing, references this Agreement and is signed on behalf of BEAR CLAW by an authorized official. IN NO EVENT WILL BEAR CLAW OR ITS DIRECT OR INDIRECT SUPPLIERS BE LIABLE FOR ANY OTHER DAMAGES WHATSOEVER INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR OTHER PECUNIARY LOSS ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE EVEN IF BEAR CLAW HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In particular, BEAR CLAW and its suppliers are not responsible for any costs including, without limitation, loss of business profits, business interruption, loss of business information, the cost of recovering such information, the cost of substitute software, or claims by third parties. No oral or written information given by BEAR CLAW, its agents or employees shall create a warranty. IN NO CASE SHALL ANY DIRECT OR INDIRECT SUPPLIERS OF BEAR CLAW BEAR ANY LIABILITY FOR ANY REASON WHATSOEVER AND IN NO CASE SHALL BEAR CLAW'S LIABILITY EXCEED THE AMOUNT OF THE LICENSE FEE ACTUALLY PAID BY YOU. THIS AGREEMENT GIVES YOU CERTAIN LEGAL RIGHTS. YOU MAY HAVE OTHER RIGHTS UNDER LOCAL LAW, SO SOME OF THE ABOVE MAY NOT APPLY OR MAY BE LIMITED. FOR EXAMPLE, SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSION MAY NOT APPLY TO YOU. SELECTION AND USE You assume full responsibility for the selection of the Software to achieve your intended results and for the installation, use and results obtained from the Software. Good data processing procedure dictates that any program be thoroughly tested with non-critical data before relying on it. The user must assume the entire risk of using the program. ANY LIABILITY OF THE SELLER WILL BE LIMITED EXCLUSIVELY TO PRODUCT REPLACEMENT OR REFUND OF PURCHASE PRICE. EXPORT LAW ASSURANCES You agree and certify that neither the Software nor any other technical data received from Bear Claw, nor the direct product thereof, will be exported outside the United States except as authorized and as permitted by the laws and regulations of the United States. If the Software has been rightfully obtained by you outside of the United States, you agree that you will not re-export the Software nor any other technical data received from Bear Claw, nor the direct product thereof, except as permitted by the laws and regulations of the United States and the laws and regulations of the jurisdiction in which you obtained the Software. By using the Software you represent and warrant that you are not located in, under control of, or a national or resident of any country outside of the jurisdiction of the laws of the United States of America. TERMINATION This License is effective until terminated. This Agreement and your license to use the Software will automatically terminate without notice of you fail to comply with any provision of this Agreement. Upon termination you shall destroy all copies of the Software and may be required to either sign an affidavit to that effect or email to support@bearclawinc.com that the appropriate action has been taken. All disclaimers of warranties and limitation of liability set forth in this Agreement shall survive any termination of this Agreement. COPYRIGHT Bear Claw retains all right, title and interest in and to the Software and the documentation, including all copyrights. The Software and documentation are protected by the copyright laws of United States and international treaty provisions. You must maintain an accurate record of the location of the backup copy at all times. Your use of the Software and associated documentation is subject to the applicable copyright laws and the express rights and restrictions of this License Agreement. TRADEMARKS AND LOGOS This Agreement does not authorize Licensee to use any Bear Claw name, trademark or logo. LIMITED WARRANTY There is a "no hassle" 15 day refund period guarantee from date of purchase on the Software. Bear Claw does NOT warrant that the Software will meet your requirements or that the operation of the Software will be uninterrupted or error-free. Your sole remedy in the event of breach of this warranty will be that Bear Claw will refund the money you paid for the Software. Software is provided "AS IS,". All express or implied representations and warranties, including any implied warranty of merchantability, fitness for a particular purpose or non-infringement, are hereby excluded. Because of the various hardware and software environments into which DBZip may be put, NO WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE IS OFFERED. DISCLAIMER OF DAMAGES Under no circumstances shall Bear Claw or its licensors be liable for special, indirect, exemplary, incidental and/or consequential damages, including, but not limited to, legal fees, loss of profits, loss of data, or loss resulting from business disruption, even if Bear Claw has been advised of the possibility of such damages with or arising out of the performance or use of any portion of the software or documentation. In no case shall Bear Claw's liability exceed the purchase price for the software. The disclaimers and limitations set forth above will apply regardless of whether you accept the Software. COMPLETE AGREEMENT This Agreement constitutes the entire agreement between you and Bear Claw, and no representation, condition, understanding or agreement of any kind, oral or written, shall be binding upon the parties unless incorporated herein. This Agreement may not be modified or amended, nor will the rights of either party be deemed waived, except by an agreement in writing signed by you and an authorized representative of Bear Claw. GOVERNING LAW This agreement shall be governed by and construed in accordance with the laws of the State of Washington, except for that body of law dealing with conflicts of law. In the event there is a dispute concerning the subject matter of this agreement, the proper venue shall be the State of Washington, United States of America. If any provision of this License shall be held by a court of competent jurisdiction to be contrary to law, that provision will be enforced to the maximum extent permissible, and the remaining provisions of this License will remain in full force and effect. If the Software is supplied to the United States Government, the Software is classified as "restricted computer software" as defined in clause 52.227-19 of the FAR. U.S. GOVERNMENT RESTRICTED RIGHTS Consistent with FAR 12.211 and 12.212, Commercial Computer Software, Computer Software Documentation, and Technical Data for Commercial Items are licensed to the U.S. Government under vendor's standard commercial license. Should you have concerns or questions concerning this License, Software or Documentation, contact Bear Claw, Inc. 5429 125th PL SE Snohomish, WA 98296 call 425-268-8063 email @ support@bearclawinc.com DBZip Copyright © 2000 by Bear Claw, Inc. All rights reserved.