LiteSPEED Software Evaluation License

This License only applies to the executable code for the English-language version of the LiteSPEED Accounting software and any accompanying distributable files, data and materials ("LiteSPEED"). You should carefully read the following terms and conditions before using, installing, copying, distributing, or transmitting this software. By using, installing, copying, distributing, or transmitting LiteSPEED without registering your copy of LiteSPEED, you agree to all of the terms of this evaluation license agreement ("License"). Refer to www.litespeedsoft.com for information about pricing, multi-user licensing, and registration options.

Please read the license terms below. If you do not agree to all of the terms and conditions of this License, then do not use, install, copy, distribute, or transmit LiteSPEED. LITESPEED SOFTWARE LLC MAY MODIFY THIS AGREEMENT AT ANY TIME, FOR ANY REASON WITHOUT PRIOR NOTICE TO YOU.

Scope of License

This is not free software. Subject to the terms below, you are hereby licensed by LiteSPEED Software LLC ("LiteSPEED Software LLC") to use for evaluation purposes only one (1) copy of LiteSPEED, on one (1) computer or workstation, without charge, for a period of 30 days after you first install LiteSPEED on any computer or workstation. If you want to use this software after the 30-day evaluation period, you must acquire a single-user license or multi-user license from LiteSPEED Software for a fee. Refer to www.litespeedsoft.com for information about Basic, Pro or Premier license pricing, multi-user licensing, and ordering options. Use of LiteSPEED after the expiration of the 30-day evaluation period without acquiring such a license from LiteSPEED Software LLC is outside the scope of this License and a violation of U.S. and international copyright laws. LiteSPEED may modify or upgrade LiteSPEED Software at any time for any reason.

You are specifically prohibited from charging, or requesting donations, for any distributed copies, however made, or from distributing such copies with other products of any kind, commercial or otherwise, without prior written permission from LiteSPEED Software LLC. Also, you are specifically prohibited from charging, or requesting donations, for providing access to any hyperlink or other method that allows a user to create or transfer electronically copies of LiteSPEED.

LiteSPEED Software LLC reserves the right to revoke any or all distribution rights at any time, for any or no reason.

All rights of any kind in LiteSPEED which are not expressly granted in this License are entirely and exclusively reserved to and by LiteSPEED Software LLC. You may use LiteSPEED solely as expressly provided in this License. LiteSPEED is protected by the United States copyright laws and other applicable national and international laws and treaties. You may not rent, lease, sublicense, modify, translate, reverse engineer, decompile, disassemble, or create derivative works based on, LiteSPEED, in whole or in part, nor permit anyone else to do so. You may not make access to LiteSPEED available to others in connection with a service bureau, application service provider, or similar business, nor permit anyone else to do so. The license granted hereunder includes no rights in or to the source code version of LiteSPEED.

Warranty Disclaimers and Liability Limitations

LiteSPEED, and any and all accompanying software, files, data and materials, are distributed and provided "AS IS" and with no warranties of any kind, whether express or implied, including, without limitation, any warranty of merchantability or fitness for a particular purpose. Neither LiteSPEED Software LLC nor any of its affiliates or licensors warrant, guarantee, or make any representations regarding the use of, or the results of the use of, LiteSPEED. Neither LiteSPEED Software LLC nor any of its affiliates or licensors warrants that the operation of LiteSPEED will be uninterrupted or error-free, or that the use of any passwords and/or encryption features will be effective in preventing the unintentional disclosure of information contained in any file. You acknowledge that good data processing procedure dictates that any program, including LiteSPEED, must be thoroughly tested with non-critical data before there is any reliance on it, and you hereby assume the entire risk of all use of the copies of LiteSPEED covered by this License. This disclaimer of warranty constitutes an essential part of this License.

Except to the extent expressly prohibited by applicable statutes, LiteSPEED Software LLC, its affiliates or licensors shall not be liable for any damage or financial loss arising out of the use of, or inability to use, LiteSPEED. Any liability of LiteSPEED Software LLC, its affiliates or licensors will be limited exclusively to refund of any license or registration fee paid to LiteSPEED Software LLC. Except to the extent expressly prohibited by applicable statutes, in no event shall LiteSPEED Software LLC, or its principals, shareholders, officers, employees, affiliates, licensors, contractors, subsidiaries, or parent organizations, be liable for any direct, indirect, incidental, consequential, special, or punitive damages whatsoever relating to the use of LiteSPEED, or to your relationship with LiteSPEED Software LLC, its affiliates or licensors (including, without limitation, loss or disclosure of data or information, loss of profit, revenue, business opportunity or business advantage, or business interruption), whether based upon a claim or action of contract, warranty, negligence, strict liability, contribution, indemnity, or any other legal theory or cause of action, even if advised of the possibility of such damages.

In addition, in no event does LiteSPEED Software LLC authorize you or anyone else to use LiteSPEED in applications or systems where LiteSPEED'S failure to perform can reasonably be expected to result in a significant physical injury, or in loss of property, or loss of life. Any such use is entirely at your own risk, and you agree to hold LiteSPEED Software LLC, its affiliates or licensors harmless from any and all claims or losses relating to such unauthorized use.

You shall indemnify and save harmless LiteSPEED from and against any and all claims, suits, actions, costs (including reasonable legal fees and disbursements) or other liabilities to any person whatsoever arising in any way out of or in respect of any breach by you or your obligations or the restrictions set forth in the Agreement.

Export Restrictions

LiteSPEED is subject to certain export restrictions of the United States Government. If you are (a) in a country to which export from the United States is restricted for anti-terrorism reasons, or a national of any such country, wherever located, (b) in a country to which the United States has embargoed or restricted the export of goods or services, or a national of any such country, wherever located, or (c) a person or entity who has been prohibited from participating in United States export transactions by any agency of the United States Government, then you may not install, download, access, use, or license LiteSPEED. By accepting this License, you warrant and represent to LiteSPEED Software LLC that (1) you do not match the criteria set forth in (a), (b), or (c) above, (2) that you will not export or re- export LiteSPEED to any country, person, or entity subject to U.S. export restrictions, including those persons and entities that match the criteria set forth in (a), (b), or (c) above, and (3) that neither the United States Bureau of Industry and Security, nor any other U.S. federal agency, has suspended, revoked, or denied your export privileges.

Termination

Immediately upon expiration of the 30-day evaluation period for the license granted hereunder, you shall immediately discontinue any and all use of LiteSPEED and you shall within ten (10) days delete from your computer(s) all electronic copies of LiteSPEED, including all or any part thereof. All provisions of this License that by their nature are intended to survive the expiration of the license granted hereunder shall survive and remain in full force and effect.

Indemnification

At your own expense, you shall indemnify, defend, and hold harmless LiteSPEED Software LLC, its affiliates and licensors, and their directors, officers, trustees, shareholders, employees, agents, successors and assigns from and against any and all claims, expenses, losses, damages, costs, liabilities and judgments, including without limitation reasonable attorneys fees and expenses, arising out of or relating to any claim resulting from or related to: (i) any use by you of LiteSPEED other than as expressly allowed by this License or in a manner inconsistent with any accompanying documentation; (ii) any breach of this License by you; or (iii) any violation of applicable law by you, your directors, officers, trustees, shareholders, employees, subsidiaries, agents, successors and assigns.

General

LiteSPEED, including, without limitation, the information included in its accompanying distributable files, data and materials and any related activation code and registration code files or information, and the know-how embodied in LiteSPEED, is confidential and trade secret information (the "Proprietary Information") that is proprietary to and solely owned or licensed by LiteSPEED Software LLC, together with all related copyrights and trademarks relating thereto. You agree to maintain the Proprietary Information in strictest confidence for the benefit of LiteSPEED Software LLC and its licensors. You shall not sell, license, publish, display, distribute, disclose, or otherwise make available or allow to be made available the Proprietary Information, including, without limitation, any activation codes or registration code files, to any third party nor use such Proprietary Information except as authorized by this License. The obligations under this paragraph shall survive any termination or cancellation of the License.

This License is the complete statement of the agreement between the parties on the subject matter, and merges and supersedes all other or prior understandings, purchase orders, agreements, and arrangements.

This License shall be governed by the laws of the State of Colorado, without regard to Colorado choice-of-law rules. Exclusive jurisdiction and venue for all matters relating to this License shall be in courts located in the State of Colorado, and you consent to such jurisdiction and venue.

There are no third-party beneficiaries of any promises, obligations, or representations made by LiteSPEED Software LLC herein.

Any waiver by LiteSPEED Software LLC of any violation of this License by you shall not constitute, nor contribute to, a waiver by LiteSPEED Software LLC of any other or future violation by you of the same provision, or any other provision, of this License.

You acknowledge and agree that monetary damages alone would not be an adequate remedy in the event of a material breach by you of your obligations or agreements under this License and that, in such event, LiteSPEED Software LLC or any of its affiliates shall be entitled to injunctive relief to require you to comply with its obligations hereunder. Any remedy available under this License shall be cumulative and not exclusive of any other remedy available LiteSPEED Software LLC or any of its affiliates under this License, at law or in equity.

If any part of this License or the application thereof to any person or circumstance is for any reason held invalid or unenforceable, it shall be deemed severable, and the validity of the remainder of this License, or the applications of such provision to other persons or circumstances, shall not be affected thereby.