license-demo.txt

FRANZ INC. DEMO VERSION END USER LICENSE AGREEMENT

THIS AGREEMENT APPLIES ONLY TO THE DEMO VERSION OF
THE SOFTWARE.

BEFORE YOU INSTALL OR ACCESS OR OTHERWISE USE ANY OF THE
SOFTWARE CONTAINED IN THIS PACKAGE OR CLICK ON "I AGREE" AT
THE END OF THIS DOCUMENT, CAREFULLY READ THE TERMS AND
CONDITIONS OF THIS DOCUMENT. BY INSTALLING OR OTHERWISE
USING OR ACCESSING ANY OF THE SOFTWARE CONTAINED IN THIS
PACKAGE OR BY CLICKING ON "I AGREE", YOU ARE AGREEING TO AND
CONSENTING TO BE BOUND BY AND ARE BECOMING A PARTY TO THE
APPLICABLE LICENSE AGREEMENT AS PROVIDED. IF YOU DO NOT
AGREE TO ALL OF THE TERMS OF SUCH AGREEMENT, CLICK "I DO NOT
AGREE" AND THE SOFTWARE WILL NOT BE DOWNLOADED.

 1. GRANT FOR LIMITED DEMO VERSION ONLY. Franz
    Inc. ("Franz") hereby grants to the end user ("you") a
    personal, nonexclusive and nontransferable license to
    use the accompanying proprietary computer software
    product ("Software") and any documentation provided for
    the Software ("Documentation"), as follows, for your own
    internal evaluation and solely for a limited demo period
    of thirty (30) days or less, following the date of the
    first installation of the Software. AT THE END OF THE
    DEMO PERIOD THE SOFTWARE WILL BE DISABLED AND CANNOT BE
    USED FURTHER. YOU WILL THEN BE REQUIRED TO SEPARATELY
    LICENSE A FULLY FUNCTIONAL VERSION OF THE SOFTWARE FROM
    FRANZ. Subject to the foregoing, and for the limited
    demo period, you may:

    (1) use the Software, for its intended use only, on the
        type and capacity of computer for which you are
        evaluating the Software, provided you install the
        Software on only one computer at a time; and

    (2) use the Documentation only in support of use of the
        Software authorized in paragraph (1) above.

    Franz retains ownership of the Software and
    Documentation, and each copy thereof, which are
    protected by United States copyright law and
    international treaty provisions, as set out below. This
    license grants you certain rights to use the Software;
    it is not a sale. No rights are granted to any software
    or documentation which you have not purchased.

 2. RESTRICTED USE. Your use of the Software and
    Documentation is restricted so that you may not, and you
    may not permit or cause others to:

    (1) Sublicense, transfer, sell, lease, or rent the
        Software or the Documentation;

    (2) Decompile, decipher, disassemble, reverse engineer
        or translate the Software;

    (3) Modify or create a derivative work of the Software
        or the Documentation; or

    (4) Install the software on more than one computer.

    Unauthorized copying of the Software or the
    Documentation, or failure to comply with the above
    restrictions, will result in the automatic termination
    of this license and will make other legal remedies
    available to Franz.

 3. TRANSFERS PROHIBITED. This Agreement is personal to
    you. You are prohibited from selling, loaning, renting,
    leasing, sublicensing, transmitting, distributing or
    redistributing, or otherwise transferring or assigning
    any part of the Software or the Documentation to any
    third party at any time whether by operation of law or
    otherwise and whether with or without consideration.
    Without limiting the foregoing, any transmittal or
    transfer of the Software or the Documentation on the
    Internet or by other electronic means is prohibited. ANY
    REPRODUCTION OR DISTRIBUTION OF THE SOFTWARE OR THE
    DOCUMENTATION NOT IN ACCORDANCE WITH THE EXPRESS TERMS
    OF THIS LICENSE IS PROHIBITED BY LAW AND MAY SUBJECT YOU
    TO SUBSTANTIAL CIVIL AND CRIMINAL PENALTIES. ANY ACTUAL
    OR ATTEMPTED SALE, LOAN, RENTAL, LEASE, SUBLICENSE,
    TRANSMISSION, DISTRIBUTION OR REDISTRIBUTION OR OTHER
    TRANSFER OR ASSIGNMENT OF THE SOFTWARE OR THE
    DOCUMENTATION IN WHOLE OR IN PART IN ANY MEDIA OR BY ANY
    METHOD SHALL IMMEDIATELY AND IRREVOCABLY TERMINATE THIS
    LICENSE AGREEMENT FOR ALL PURPOSES.

 4. SOFTWARE FORMAT; NO SUPPORT, NO UPDATES. Franz shall
    furnish the Software to you electronically or on media
    in machine-readable object code form. This license does
    not grant you any right to any enhancement or update to
    the Software and Documentation or to use a fully
    functional version of the Software. This Agreement does
    not grant you any rights to technical support or
    maintenance with respect to the Software or
    Documentation.

 5. TITLE; REMAINDER. All title, ownership rights, and
    intellectual property rights in and to the Software and
    Documentation shall remain the sole property of Franz
    and/or its suppliers and no such rights are being
    transferred or conveyed hereunder. All rights not
    expressly granted herein are expressly reserved and
    retained by Franz.

 6. CONTENT. Title, ownership rights, and intellectual
    property rights in and to the content accessed through
    the Software are the property of the applicable content
    owner and may be protected by applicable copyright or
    other laws. This License gives you no rights to such
    content.

 7. NO WARRANTY; LIMITATION OF LIABILITY. 

    (1) NEITHER FRANZ NOR ITS SUPPLIERS MAKE ANY
        REPRESENTATION OF ANY KIND REGARDING THE USEFULNESS
        OR SUITABILITY OF THE SOFTWARE OR THE DOCUMENTATION
        FOR ANY PURPOSE. ALL SOFTWARE AND DOCUMENTATION ARE
        PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND,
        EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT
        PERMITTED BY LAW, FRANZ DISCLAIMS ALL WARRANTIES,
        EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ALL
        IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS
        FOR A PARTICULAR PURPOSE AND
        NONINFRINGEMENT. WITHOUT LIMITING THE FOREGOING,
        FRANZ DOES NOT WARRANT THAT THE SOFTWARE OR
        DOCUMENTATION WILL BE DEFECT OR
        ERROR-FREE. APPLICABLE LAW MAY NOT ALLOW THE
        EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE
        EXCLUSION MAY NOT APPLY TO YOU.

    (2) UNDER NO CIRCUMSTANCES SHALL FRANZ BE LIABLE FOR ANY
        SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL
        DAMAGES OR ANY OTHER DAMAGES THAT RESULT FROM THE
        USE OR INABILITY TO USE ANY OF THE SOFTWARE OR
        DOCUMENTATION (INCLUDING WITHOUT LIMITATION DAMAGES
        FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER
        FAILURE OR MALFUNCTION, LOSS OF BUSINESS PROFITS,
        LOSS OF BUSINESS INFORMATION, LOSS OF DATA, OR OTHER
        PECUNIARY LOSS), EVEN IF FRANZ OR ITS REPRESENTATIVE
        HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES,
        WHETHER IN ANY ACTION OF CONTRACT, NEGLIGENCE OR
        OTHER ACTION IN TORT OR OTHERWISE. APPLICABLE LAW
        MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF
        LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO
        THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO
        YOU. SUBJECT TO THE FOREGOING, IN ALL EVENTS NO
        LIABILITY FOR DAMAGES SHALL EXCEED THE AMOUNT OF THE
        LICENSE FEE PAID TO FRANZ FOR THIS LIMITED
        LICENSE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE
        EXCLUSION OR LIMITATION OF INCIDENTAL OR
        CONSEQUENTIAL DAMAGES, THESE LIMITATIONS MAY NOT
        APPLY TO YOU.

 8. EXPORT CONTROLS. You shall not download, transmit or
    otherwise export or reexport the Software or any
    underlying information or technology except in full
    compliance with all United States and other applicable
    laws and regulations. In particular, but without
    limitation, none of the Software or the Documentation or
    underlying information or technology may be downloaded,
    transmitted or otherwise exported or reexported (i) into
    (or to a national or resident of) Cuba, Iraq, Libya,
    North Korea, Iran, Serbia, Syria or Sudan or any other
    country to which the United States has embargoed goods;
    or (ii) to any person on the United States Treasury
    Department list of Specially Designated Nationals or the
    United States Commerce Department Table of Deny
    Orders. You represent and warrant that you are not
    located in, under the control of, or a national or
    resident of any such country or on any such list.

 9. TERMINATION. The license granted under this Agreement
    will automatically terminate thirty (30) days from the
    date of installation of the Software. Without prejudice
    to its other rights hereunder, Franz may terminate this
    Agreement and the License if you violate or breach any
    term or condition hereof. In the event of such
    termination or at the end of the demo period in all
    events, you must immediately destroy all copies of the
    Software and the Documentation and cease all use
    thereof.

10. BINDING EFFECT. Subject to the prohibitions on transfer
    and assignment hereof, this Agreement shall inure to the
    benefit of and be binding upon each of the parties
    hereto and their respective officers, directors,
    employees, shareholders, owners, partners, agents,
    representatives, parents, subsidiaries, affiliates,
    heirs, devisees, successors and assigns.

11. MISCELLANEOUS. This Agreement represents the sole and
    exclusive agreement between the parties concerning the
    subject matter hereof and supersedes all prior
    agreements, communications, proposals and
    representations. This Agreement may be amended only by a
    writing executed by both parties. THE ACCEPTANCE OF ANY
    PURCHASE ORDER PLACED BY YOU IS EXPRESSLY MADE
    CONDITIONAL ON YOUR ASSENT TO THE TERMS SET FORTH
    HEREIN, AND FRANZ AGREES TO FURNISH THE SOFTWARE AND
    DOCUMENTATION ONLY UPON THESE TERMS AND NOT THOSE
    CONTAINED IN YOUR PURCHASE ORDER. Whenever possible,
    each provision of this Agreement shall be interpreted in
    such manner as to be effective and valid under
    applicable law. In the event that any provision of this
    Agreement shall be held by the final judgment of a court
    of competent jurisdiction to be invalid or unlawful or
    unenforceable, then the remaining provisions of this
    Agreement shall remain in full force and effect and
    shall be construed to give the fullest effect to the
    intent of the parties expressed herein. Headings shall
    not be considered in interpreting this Agreement. This
    Agreement shall be governed by and construed under the
    laws of the State of California, U.S.A. for contracts
    entered into and to be performed entirely within the
    State of California, without reference to principles of
    conflict of laws. This Agreement shall not be governed
    by the United Nations Convention on Contracts for the
    International Sale of Goods, the application of which is
    hereby expressly excluded.

12. U.S. GOVERNMENT RESTRICTED RIGHTS. The Software and
    Documentation are being provided only with RESTRICTED
    RIGHTS. If the acquiring unit or agency is the
    U.S. Department of Defense, use, duplication or
    disclosure is subject to restrictions as set forth in
    DFAR Section 227.7202. If the acquiring unit or agency
    is any other unit or agency of the United States
    Government, use, duplication or disclosure is subject to
    restrictions as set forth in FAR Section 12.212 and FAR
    Section 52.227-19(c)(1) and (2). For these purposes the
    manufacturer is Franz Corporation, 2201 Broadway,
    Suite 715, Oakland, California 94612.

COPYRIGHT NOTICE: (c) 2010 Franz Inc. All rights reserved.

TRADEMARK NOTICE: "Franz" and the names of Franz products or
processes and all Franz logos are trademarks or registered
trademarks or service marks or trade dress of Franz Inc.

If you have any questions concerning this agreement, or
otherwise wish to contact Franz Inc., email to
info@franz.com or write to:

        CUSTOMER SERVICE
        FRANZ INC.
        2201 Broadway, Suite 715
        Oakland, CA 94612