EXECUTIVE SOFTWARE INTERNATIONAL, INC.

FREE OF CHARGE SOFTWARE PROGRAM LICENSE AGREEMENT for DISKEEPER ® LITE

IMPORTANT-READ CAREFULLY BEFORE INSTALLING SOFTWARE.

This is a legal agreement between you, the end user, and Executive Software International, Inc. (ESI).  Please read the following terms and conditions before using this software.  In the event that you use this software, you are agreeing to be bound by the terms and conditions of this agreement.  Should you not agree with these terms, do not use this software.

GRANT OF LICENSE:  You are granted a non-exclusive right to the use of this ESI software program (SOFTWARE)  at no cost or obligation to you.  You may copy and distribute this SOFTWARE to any person, firm, corporation or other entity.  Documentation, in electronic or other format, accompanying the SOFTWARE (DOCUMENTATION) may also be provided to you.  You may copy and distribute The DOCUMENTATION accompanying the SOFTWARE. The software and its license are intended solely for use on individual computers, workstations, professional, servers or personal. It may be used on any supported WINDOWS® computer.  

COPYRIGHT:  This SOFTWARE and the DOCUMENTATION are owned by ESI and are protected by copyright laws and international treaty provisions.  No title to intellectual property is being transferred.  You may not modify, reverse engineer, decompile or disassemble the SOFTWARE, except to the extent that the foregoing restriction is expressly prohibited by applicable law.

NO WARRANTY:  The SOFTWARE is provided "as is".  ESI does not warrant that the SOFTWARE will meet your requirements or that its operation will be uninterrupted or error-free.  The entire risk as to the quality and performance of the SOFTWARE is borne by you.  Should the SOFTWARE prove defective, you and not ESI assume the entire cost of service and repair.  ESI makes no representations, warranties or conditions, express or implied, including but not limited to non-infringement, conformity to any representation or description, merchantability or fitness for a particular purpose or those arising by statute or otherwise in law or from a course of dealing or usage of trade.  Some jurisdictions do not allow exclusions of an implied warranty, so this disclaimer may not apply to you, and you may have other legal rights that vary by jurisdiction.  This disclaimer constitutes an essential part of the Agreement.

Limitation of Liability:   NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, YOU AGREE THAT ESI SHALL NOT BE LIABLE, UNDER ANY LEGAL THEORY, INCLUDING TORT, CONTRACT OR OTHERWISE, FOR ANY DAMAGES INCURRED BY YOU (INCLUDING BUT NOT LIMITED TO DIRECT OR INDIRECT DAMAGES FOR LOSS OF GOODWILL, LOSS OF DATA, BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION OR OTHER COMMERCIAL OR PECUNIARY LOSS, ANY CONSEQUENTIAL, SPECIAL OR INCIDENTAL DAMAGE) OR ANY OTHER PERSON OR ENTITY AS A RESULT OF YOUR USE OR INABILITY TO USE THE SOFTWARE OR DOCUMENTATION EVEN IF ESI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU

RESTRICTED RIGHTS:   This SOFTWARE and documentation are Commercial Computer Software provided with RESTRICTED RIGHTS under Federal Acquisition Regulations and agency supplements to them.  Use, duplication or disclosure by the Government, its agencies or instrumentalities is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFAR 252.227-7013, or subparagraphs (c)(1) and (2) of the Commercial Computer Software - Restricted Rights Clause at 48 CFR 52.227-19, as applicable, or successor provisions.  Manufacturer is Executive Software International, Inc, 7590 N. Glenoaks, Burbank, CA 91504, USA 

GENERAL:  This Agreement is the entire agreement between ESI and you, supersedes any other agreements or discussions, oral or written, and may not be changed except by written amendment signed by ESI.  This Agreement shall be governed by and construed in accordance with the laws of Los Angeles County, California, excluding its conflict of laws, rules and the United Nations Convention on Contracts for the International Sale of Goods.  If any provision of this Agreement is declared by a court of competent jurisdiction to be invalid, illegal or unenforceable, such provision shall be severed from this Agreement and the other provisions shall remain in full force and effect. 

Should you have any questions concerning this license agreement, or if you desire to contact ESI for any reason please e-mail Executive Software International at info@executive.com

c) 2002 Executive Software International, Inc. All Rights Reserved. 
DISKEEPER(R) and EXECUTIVE SOFTWARE(R) are either registered trademarks or trademarks of Executive Software International, Inc. in the United States and other countries. WINDOWS(R)and WINDOWS NT(R) are either registered trademarks or trademarks of Microsoft(R) Corporation in the United States and/or other countries.  

SOFTWARE LICENSE AGREEMENT. 

Executive Software is an Affirmative Action Employer
DC 15-7-2002