NewSoft End User License Agreement

IMPORTANT - PLEASE READ CAREFULLY BEFORE INSTALLING

This NewSoft End User License Agreement (EULA) is a legal agreement between you (End User) and NewSoft Technology Corporation (NewSoft) for the accompanying computer software (Software), which may include software from third party suppliers made available by NewSoft, and the related documentation. Please read this EULA carefully. By installing, copying, or otherwise using the Software, the End User agrees 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.

License
This EULA grants the End User the following non-exclusive rights to install and use the Software on a hard disk or other storage device; or to install and use the Software on a network server for use on such network; and make backup copies of the Software.

Single User 
The End User may install and use the Software on a hard disk or other storage device, and make one copy of the Software in machine-readable form solely for back-up purposes.

Notwithstanding the foregoing, the Software may be used on the home, laptop, or other secondary computer of the principal user of the Software, and an additional copy of the Software may be made to support such use. As used in this EULA, the Software is "in use" when it is either loaded into RAM or installed on a hard disk or other permanent memory device. The Software may be "in use" on only one computer at any given time.

Network Use
The End User may install and use the Software on a network server for use over an internal network provided you have acquired and dedicated a license for each separate computer on which the Software is installed or run from the file server. One license for the Software may not be shared or used concurrently on separate computers.

License Pack
If the End User has acquired this Software in a License Pack, the End User may make the number of additional copies of the Software portion of the License Pack reflect the number of licenses acquired, and you may use each copy in the manner specified in this EULA.

OEM License
If the End User obtained this Software together with a hardware product, you are entitled to use this Software as a part of the hardware and software package according to this EULA.

Restrictions
The End User may not rent, lease, or loan the Software. You may not modify, adapt, translate, reverse engineer, decompile, or disassemble the Software. You may not resell for profit, distribute, or create derivative works based upon the Software or any part thereof.

The End User may not distribute copies of the Software to others or electronically transfer the Software from one computer to another over a network. The End User may not post or otherwise make available the Software, or any portion thereof, in any form, on the Internet.

The Software is licensed as a single product. Its component parts may not be separated for use on more than one computer.

Software Transfer
The End User may permanently transfer all rights under this EULA, provided that the End User (a) retains no copies, (b) transfers 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 (c) the recipient agrees to abide by all of the terms of this EULA. If the Software is an upgrade, any transfer must include all prior versions of the Software and all of rights therein, if any.

Upgrades
If the Software is labeled as an upgrade, the End User must be properly licensed to use the Software identified by NewSoft as being eligible for the upgrade in order to use the Software. Software labeled as an upgrade replaces and/or supplements the product that forms the basis for the End User's eligibility for the upgrade. The End User may use the resulting upgraded product only in accordance with the terms of this EULA. If the Software is an upgrade of a component of a package of software programs licensed as a single product, the Software 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.

Ownership of Software
The End User owns the media upon which the Software is recorded or fixed, but NewSoft and its suppliers retain title and ownership of the Software recorded on the original media and all subsequent copies of the Software, regardless of the form or media in which or on which the original and other copies may exist. This Software is being licensed and not sold.

Copyright and Trademarks
The Software is protected by copyright and trademark laws and international conventions. All titles, trademarks, and copyrights in and pertaining to the Software (including but not limited to any images, photographs, animation, video, audio, music, text, and applets incorporated into the Software), the accompanying printed materials, and any copies of the Software are owned by NewSoft or its suppliers.

The End User must treat the Software like any other copyrighted material for archival purposes. You may not remove, modify or alter any NewSoft copyright or trademark notice from any part of the Software. No part of the Software or the manual may be multiplied, disseminated, or processed in any way without the written consent of NewSoft. Violators will be subject to prosecution.

Limited Warranty
NewSoft and its suppliers warrant that the media upon which the Software is furnished will be free from defects in material and workmanship, assuming normal use, for a period of ninety (90) days from the date of purchase or delivery to the End User.

This Limited Warranty is void if failure of the Software has resulted from accident, abuse, or misapplication. Any replacement Software will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer.

NewSoft and its suppliers do not and cannot warrant the performance or results the End User may obtain by using the Software or documentation, nor does NewSoft warrant the Software will be uninterrupted or error-free. The entire risk as to the results and performance of the Software is assumed by the End User.

Except for the express limited warranty set forth above,
NewSoft grants no other warranties, expressed or implied, regarding the Software or the media as to merchantability, non-infringement of third party rights, or fitness for a particular purpose. No oral or written information or advice given by NewSoft, its distributors, dealers, agents, or employees shall create a warranty or in any way increase the scope of this warranty and the End User may not rely on any such information or advice.

Limitation of Liability
NewSoft's and its suppliers' entire liability and the End User's exclusive remedy shall be, at NewSoft's option, either replacement of any media that does not meet the above limited warranty and that is returned to NewSoft or its distributor with a copy of the purchase receipt, or if NewSoft or its distributor is unable to deliver replacement media which is free from defects in materials or workmanship, the End User may terminate this EULA by returning the Software and the End User's money will be refunded.

To the maximum extent permitted by applicable law, in no event shall NewSoft or its suppliers be liable for any loss of profits, information, business or any special, incidental, indirect or other consequential damages arising out of the use or inability to use the Software, even if NewSoft or its authorized representative has been advised of the possibility of such damages. NewSoft shall not be liable for any damages claimed by the End User based on any third party claim. In any case, NewSoft's entire liability under any provision of this EULA shall be limited to ten United States Dollars (U.S. $10.00).

General
This EULA is governed by the laws of the State of California, USA if the End User acquired or uses this Software in the United States. If this Software was acquired and is used exclusively outside of the United States, then local law may also apply.

The localized version of the EULA is for reference only. In case of any inconsistencies between the localized version and the English version, the English version shall prevail.



S/No: L-NS-04-E-072604-02