ipPulse 1.91

EULA - End User License Agreement

END USER LICENSE AGREEMENT FOR
Northwest Performance Software, Inc. SOFTWARE

ipPulse (TM) is Copyright 1998-2012
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.
Additional Installation Licenses. If you have acquired this
EULA in a SOFTWARE PRODUCT with an accompanying Additional License
Certificate, you may make the number of additional copies of the
computer software portion of the SOFTWARE PRODUCT authorized on
the printed copy of the Additional License Certificate, and you
may use each copy in the manner specified above.

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 148/Maple Valley, WA 98038-0148.

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 98382-1375.