Trendtek Product
End-User License Agreement

OPENING THE PACKAGE, INSTALLING OR USING THE PRODUCT CONSTITUTES YOUR ACCEPTANCE OF THESE TERMS.  IF YOU DO NOT AGREE WITH THE TERMS, PLEASE RETURN THIS PRODUCT TO THE PLACE YOU OBTAINED IT WITHIN 30 DAYS FOR A FULL REFUND

("Product")  includes the Trendtek Software, Documentation, I/O Drivers and other materials and information that you have received.

License Grant:
The Trendtek License Agreement grants you the following rights with respect to one or more of the Trendtek Products.

(a) Demonstration and Consignment Purpose: If this Product was provided to you as a demonstration or consignment package, you may install the Product on your computer for demonstration and evaluation purposes only. You may pass the Product on to another interested demonstration or consignment user if you provide a copy of this License Agreement and they agree to abide by the terms of the Agreement.

(b) Production and Development Use: If this Product was purchased with a protection device for production or development purposes, you may install the Product on your computer and use it for your purposes.  You may not make copies of the Product except a necessary back-up copy, you may not transfer the Product or otherwise make it available to anyone else.   The Product may only be installed for production or development on the number of nodes for which you have purchased a license to use for this purpose.   A Node is a computer with in a Network

Copyright:
The Product is copyrighted by Trendtek and contains valuable trade secrets of Trendtek or its suppliers, and you may not disassemble, decompile, update, revise, reverse engineer or enhance the Product.   You may not duplicate  or make copies of the CD.

Limited Warranty:
The Product is warranted against functional defects found during a period of 90 days after ship date.  Trendteks sole obligation shall be to correct any such defect in a manner chosen by Trendtek in its sole discretion. The cost of travel to and living expenses at your site required to make any corrections, whether or not within the warranty, will be billed to you at Trendteks discretion.  The media on which the Product is recorded shall be replaced without charge by Trendtek if the media proves defective within 90 days after delivery.

This warranty (i) does not extend to defects arising from changes made to the Product or the hardware with which it is intended to operate, (ii) will be rendered void by any evidence of tampering with the product, and (iii) does not extend to any hardware components, subsystems peripherals, or other non-Trendtek-developed Product whether or not supplied by Trendtek.

Except as provided above, the Product is licensed to you (and any hardware delivered by Trendtek is delivered to you) "AS IS," and to the maximum extent permitted by applicable law Trendtek DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

Limited Liability:
Trendteks agreed maximum liability ("Agreed Maximum Liability") arising in any manner (a) from the use of the Product or any associated hardware; (b) from any personal injury and/or property damage or downtime arising from inaccuracies or malfunctions caused by hardware or media defects; or (c) otherwise from this license agreement, shall be two times the amount paid by you to Trendtek for the use of the Product.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TRENDTEK SHALL HAVE NO LIABILITY BEYOND THE AGREED MAXIMUM LIABILITY FOR ANY LOST PROFITS OR DIRECT DAMAGES, AND NO LIABILITY WHATSOEVER FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR OTHER DAMAGES ARISING FROM THE USE OF THE PRODUCT OR ANY ASSOCIATED HARDWARE.  YOU RELEASE Trendtek FROM AND AGAINST ALL LIABILITY BEYOND THE AGREED MAXIMUM LIABILITY FOR PERSONAL INJURY AND/OR PROPERTY DAMAGE OR DOWNTIME ARISING EITHER DIRECTLY OR INDIRECTLY FROM SUCH INACCURACIES OR MALFUNCTIONS.

It is your responsibility to determine the suitability of the Product for your purposes.  You acknowledge that 100% "up" time is not realizable
because of possible hardware or Product defects. You recognize that such defects and failures may cause inaccuracies or malfunctions.

U.S. Government
Restricted Rights Legend
The Product is 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)(i) and (2) of Commercial Computer Software -- Restricted Rights at 48 CFR 52.227-19, as applicable.  Manufacturer is Trendtek, Inc. U.S.A.

Import/Export Regulations
This Product is licensed by the United States Government under general license GTDU.  The direct Product may not be disposed of in countries subject to or embargoed by the Foreign Asset Control Embargo Regulations.

Prohibited end-users are those involved in the design, development, fabrications, storage of nuclear, chemical, biological weapons and missile technology; and those parties listed on the Table of Denial Orders and the Specially Designated Nationals List.



Nuclear Power 
GOODS AND OR SERVICES LICENSED HEREUNDER ARE NOT FOR USE IN ANY NUCLEAR AND RELATED APPLICATION.  Licensee accepts goods and or services with the foregoing understanding, agrees to communicate the same in writing to any subsequent Licensee or users and to defend, indemnify and hold harmless Trendtek from any claims, losses, suits, judgements and damages, including incidental and consequential damages, arising from such use, whether the cause of action be based in tort, contract or otherwise, including allegations that Sellers liability is based on negligence or strict liability.

						     Option Disks and Updates
All terms of this License Agreement shall apply to any Trendtek Option Disks or Updates of the Product purchased by or provided to you.

Your failure to comply with the terms of this Agreement shall terminate your license and this Agreement.  Upon termination you shall be obligated to destroy all copies of the Product and Documentation and return any copy-protection device to Trendtek 

(c)Copyright 2000 Trendtek, Co. Ltd. All Rights Reserved

