BioCert Biometric Authenticator Lite 1.0

End User License Agreement (EULA)

THIS IS A LEGAL AGREEMENT BETWEEN YOU, THE END USER, AND BIOMETRICS DIRECT.

PLEASE READ THIS LICENSE AGREEMENT CAREFULLY BEFORE INSTALLING THIS

SOFTWARE. BIOMETRICS DIRECT IS WILLING TO LICENSE THE SOFTWARE TO YOU

ONLY UPON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS CONTAINED IN THIS

LICENSE AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS

End User License Agreement (EULA)

THIS IS A LEGAL AGREEMENT BETWEEN YOU, THE END USER, AND BIOMETRICS DIRECT.

PLEASE READ THIS LICENSE AGREEMENT CAREFULLY BEFORE INSTALLING THIS

SOFTWARE. BIOMETRICS DIRECT IS WILLING TO LICENSE THE SOFTWARE TO YOU

ONLY UPON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS CONTAINED IN THIS

LICENSE AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS

AGREEMENT, DO NOT INSTALL OR USE THE SOFTWARE.

The enclosed computer program, referred to hereafter as the " Software ", is

licensed, not sold, to you by Biometrics Direct for use only under the terms

of this End-User License. Biometrics Direct reserves all rights not

expressly granted to you. You retain ownership of the media on which the

Software is stored, however Biometrics Direct retains ownership of the

Software itself.

1. End-User License

1.1 Registered software

A Registered software is the software for which a license has been paid for.

Licenses for Biometrics Direct's softwares maybe purchased from

http://www.biometricsdirect.com.

This License allows you to:

(a) Use a single copy of the software on a single computer. To " use " the

Software means that the Software is either loaded in the temporary memory

(i.e. RAM) of a computer or installed on the permanent memory of a computer

(i.e. Hard disk, etc.) You may install the Software on a common storage

device which is accessible by multiple computers, provided that if more

computers have access to the common storage device than the number of

licensed copies of the Software, you must acquire an End-User License for

each user concurrently using the software.

(b) Make a single copy of the Software in machine readable form solely for

backup purposes. As an express condition of this End-User License, you must

reproduce on each copy any copyright notice or other proprietary notice that

is on the original copy supplied by Biometrics Direct.

(c) Permanently transfer all your rights under this End-User License to

another party by providing to such party all copies of the Software licensed

under this agreement together with a copy of this End-User License and the

accompanying materials, provided that the other party reads and agrees to

accept the terms and conditions of this End-User License. Serial numbers,

unlock codes and other similar mechanisms however, are NOT transferable and

remain unique for each installed copy.

1.2 Evaluation software

This license allows you to use the software without charge on an evaluation

basis for thirty (30) days from the day you install the software. After the

thirty (30) days period, you must pay the license fee and register your copy

in order to continue using it. Using the software after its thirty (30) days

evaluation period is using the software in an unlicensed basis.

2. Restrictions

You may not REVERSE ENGINEER, DECOMPILE, DISASSEMBLE OR OTHERWISE REDUCE THE

SOFTWARE TO ANY HUMAN PERCEIVABLE FORM. YOU MAY NOT MODIFY, ADAPT,

TRANSLATE, RENT, LEASE, LOAN OR CREATE DERIVATIVE WORKS BASED UPON THE

SOFTWARE OR ANY PART THEREOF.

3. Dual Media

If this package contains both CD-ROM and 3.5 inch media, you may use only

the media appropriate for your single computer or common storage device. You

may not use the media format on another computer or common storage device,

nor may you rent, lease, loan or transfer them to another user except as

part of a transfer as expressly permitted by this End-User License.

4. Termination

This End-User License agreement is effective until terminated. You may

terminate this End-User License agreement at any time by destroying all

copies of the software and related materials. Biometrics Direct may

terminate this license without notice to you if you fail to comply with any

of its terms. Any such termination by Licensor shall be in addition to and

without prejudice to such rights and remedies as may be available,

including

injunction and other equitable remedied.

Upon receipt by you of a written notice of termination from the licensor or

termination by you, you shall immediately

(a) cease using the software,

(b) return to the licensor the software and all accompanying material and

all magnetic or optical media provided to you (or destroy all copies

thereof in your possession), and

(c) within five days thereafter, provide the licensor with a written

confirmation that you have complied with the foregoing. The provisions of

sections 2,4 and 5 herein shall survive termination of this End-User License

Agreement.

5. Limited Warranty

Biometrics Direct warrants for a period of thirty (30) days from your date

of purchase that the media on which the Software is recorded will be free

from defects in materials and workmanship under normal use. Biometrics

Direct's entire liability and your sole and exclusive remedy for any

non-conformance of the foregoing limited warranty, provided that such

non-conformance is reported to Biometrics Direct during the warranty period

in sufficient detail for Biometrics Direct to duplicate the non-conformance

and verify the correction, will be replacement of the software licensed on

magnetic media agreeable to licensor and licensee.

THIS LIMITED WARRANTY IS THE ONLY WARRANTY PROVIDED BY BIOMETRICS DIRECT AND

EXPRESSLY DISCLAIM ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED,

INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND

FITNESS FOR A PARTICULAR PURPOSE WITH REGARD TO THE SOFTWARE AND

ACCOMPANYING MATERIALS. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE

EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES, THE ABOVE LIMITATION MAY NOT

APPLY TO YOU.

6. Limitation of Liability

In no event will Biometrics Direct, its parent or subsidiaries or any of the

licensors or sub-licensors, directors, officers, employees or affiliates of

any of the foregoing be liable to you for any consequential, incidental,

indirect or special damages whatsoever (including, without limitation,

damages for loss of business profits, business interruption, loss of

business information and the like), whether foreseeable or unforeseeable,

arising out of the use of or inability to use the Software or accompanying

materials, regardless of the basis of the claim and even if Biometrics

Direct has been advised of the possibility of such damage. Biometrics

Direct's liability to you for direct damages for any cause whatsoever, and

regardless of the form of the action, will be limited to replacement of the

software that caused the damages. Because some jurisdictions do not allow

the exclusion or limitation of liability for consequential or incidental

damages, the above limitation may not apply to you.

7. General

This End-User License Agreement supersedes all prior or collateral oral or

written representations or agreements related to your right to use the

software.

This End-User License will be construed under the laws of the State of

Washington. If any provision of this End-User License shall be held by a

court of competent jurisdiction to be contrary to law, that provision will

be enforced to the maximum extent permissible, and the remaining provisions

of this End-User License will remain in full force and effect.

The parties have agreed that this agreement be drafted in English.

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Biometrics Direct

PO Box 403

Freeland, WA 98249