68000 EDITOR, FROUNT END ASSEMBLER & SIMULATOR END USER LICENSE AGREEMENT REDISTRIBUTION NOT PERMITTED This Agreement has 3 parts. Part I applies if you have not purchased a license to the accompanying software (the "Software"). Part II applies if you have purchased a license to the Software. Part III applies to all license grants. If you initially acquired a copy of the Software without purchasing a license and you wish to purchase a license, contact XRMX on the Internet at http://xrmx.simplenet.com/programs/68000 PART I -- TERMS APPLICABLE WHEN LICENSE FEES NOT (YET) PAID (LIMITED TO EVALUATION, EDUCATIONAL AND NON-PROFIT USE) GRANT. XRMX grants you a non-exclusive license to use the Software free of charge if (a) you are a student, faculty member or staff member of an educational institution (K-12, junior college, college or library), a staff member of a religious organization, or an employee of an organization which meets XRMX's criteria for a charitable non-profit organization; or (b) your use of the Software is for the purpose of evaluating whether to purchase an ongoing license to the Software. The evaluation period for use by or on behalf of a commercial entity is limited to 90 days; evaluation use by others is not subject to this 90 day limit. Government agencies (other than public libraries) are not considered educational, religious, or charitable non-profit organizations for purposes of this Agreement. If you are using the Software free of charge, you are not entitled to hard-copy documentation, support or telephone assistance. If you fit within the description above, you may use the Software in the manner described in Part III below under "Scope of Grant." DISCLAIMER OF WARRANTY. Free of charge Software is provided on an "AS IS" basis, without warranty of any kind, including without limitation the warranties of merchantability, fitness for a particular purpose and non-infringement. The entire risk as to the quality and performance of the Software is borne by you. Should the Software prove defective, you and not XRMX assume the entire cost of any service and repair. This disclaimer of warranty constitutes an essential part of the agreement. PART II -- TERMS APPLICABLE WHEN LICENSE FEES PAID GRANT. Subject to payment of applicable license fees, XRMX grants to you a non-exclusive license to use the Software and accompanying documentation ("Documentation") in the manner described in Part III below under "Scope of Grant." LIMITED WARRANTY. XRMX warrants that for a period of ninety (90) days from the date of acquisition, the Software, if operated as directed, will substantially achieve the functionality described in the Documentation. XRMX does not warrant, however, that your use of the Software will be uninterrupted or that the operation of the Software will be error-free or secure. XRMX also warrants that the media containing the Software, if provided by Netscape, is free from defects in material and workmanship and will so remain for ninety (90) days from the date you acquired the Software. XRMX's sole liability for any breach of this warranty shall be, in XRMX's sole discretion: (i) to replace your defective media; or (ii) to advise you how to achieve substantially the same functionality with the Software as described in the Documentation through a procedure different from that set forth in the Documentation; or (iii) if the above remedies are impracticable, to refund the license fee you paid for the Software. Repaired, corrected, or replaced Software and Documentation shall be covered by this limited warranty for the period remaining under the warranty that covered the original Software, or if longer, for thirty (30) days after the date (a) of shipment to you of the repaired or replaced Software, or (b) XRMX advised you how to operate the Software so as to achieve the functionality described in the Documentation. Only if you inform XRMX of your problem with the Software during the applicable warranty period and provide evidence of the date you purchased a license to the Software will Netscape be obligated to honor this warranty. XRMX will use reasonable commercial efforts to repair, replace, advise or, for individual consumers, refund pursuant to the foregoing warranty within 30 days of being so notified. THIS IS A LIMITED WARRANTY AND IT IS THE ONLY WARRANTY MADE BY XRMX. XRMX MAKES NO OTHER EXPRESS WARRANTY AND NO WARRANTY OF NONINFRINGEMENT OF THIRD PARTIES' RIGHTS. THE DURATION OF IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND OF FITNESS FOR A PARTICULAR PURPOSE, IS LIMITED TO THE ABOVE LIMITED WARRANTY PERIOD; SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO LIMITATIONS MAY NOT APPLY TO YOU. NO NETSCAPE DEALER, AGENT, OR EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS, OR ADDITIONS TO THIS WARRANTY. If any modifications are made to the Software by you during the warranty period; if the media is subjected to accident, abuse, or improper use; or if you violate the terms of this Agreement, then this warranty shall immediately be terminated. This warranty shall not apply if the Software is used on or in conjunction with hardware or software other than the unmodified version of hardware and software with which the software was designed to be used as described in the Documentation. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. PART III -- TERMS APPLICABLE TO ALL LICENSE GRANTS SCOPE OF GRANT. You may: * use the Software on any single computer; * use the Software on a network, provided that each person accessing the Software through the network must have a copy licensed to that person; * use the Software on a second computer so long as only one copy is used at a time; * copy the Software for archival purposes, provided any copy must contain all of the original Software's proprietary notices; or * if you have purchased licenses for a 10 Pack or a 50 Pack, make up to 10 or 50 copies, respectively, of the Software (but not the Documentation), provided any copy must contain all of the original Software's proprietary notices. The number of copies is the total number of copies that may be made for all platforms. Additional copies of Documentation may be purchased. You may not: * permit other individuals to use the Software except under the terms listed above; * permit concurrent use of the Software; * modify, translate, reverse engineer, decompile, disassemble (except to the extent applicable laws specifically prohibit such restriction), or create derivative works based on the Software; * copy the Software other than as specified above; * rent, lease, grant a security interest in, or otherwise transfer rights to the Software; or * remove any proprietary notices or labels on the Software. TERMINATION. The license will terminate automatically if you fail to comply with the limitations described herein. On termination, you must destroy all copies of the Software and Documentation. HIGH RISK ACTIVITIES. The Software is not fault-tolerant and is not designed, manufactured or intended for use or resale as on-line control equipment in hazardous environments requiring fail-safe performance, such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines, or weapons systems, in which the failure of the Software could lead directly to death, personal injury, or severe physical or environmental damage ("High Risk Activities"). XRMX specifically disclaim any express or implied warranty of fitness for High Risk Activities.