WARNING

Read License Agreement Before Opening

IMPORTANT

READ BEFORE OPENING SEALED WRAPPER

This software is provided under license from Nexus Technology, Inc. Retention of this program for more than (30) days, use of the program in any manner, or opening the sealed wrapper surrounding the program constitutes acceptance of the license terms.

CAREFULLY READ THE ENCLOSED SOFTWARE LICENSE AGREEMENT BEFORE OPENING THE SEALED WRAPPER SURROUNDING THE PROGRAM. If you cannot agree to the license terms, promptly return the unopened package to Nexus Technology for a full refund. 

NEXUS TECHNOLOGY SOFTWARE LICENSE AGREEMENT

THE ENCLOSED PROGRAM IS FURNISHED SUBJECT TO THE TERMS AND CONDITIONS OF THIS AGREEMENT. RETENTION OF THE PROGRAM FOR MORE THAN THIRTY DAYS, OPENING THE SEALED WRAPPER, IF ANY, SURROUNDING THE PROGRAM OR USE OF THE PROGRAM IN ANY MANNER WILL BE CONSIDERED ACCEPTANCE OF THE AGREEMENT TERMS. IF THESE TERMS ARE NOT ACCEPTABLE, THE UNUSED PROGRAM AND ANY ACCOMPANYING DOCUMENTATION SHOULD BE RETURNED PROMPTLY TO NEXUS TECHNOLOGY FOR A FULL REFUND OF THE LICENSE FEE PAID. 

DEFINITIONS. "Nexus" means Nexus Technology, Inc., a New Hampshire corporation.

"Program" means the Nexus software product (executable program and/or data) enclosed with this Agreement or included within the equipment with which this Agreement is packed.

"Customer" means the person or organization in whose name the Program was ordered.

LICENSE. Customer may:

a.	Use the Program on a single machine at any one time; 

b.	Modify the Program or merge it with another for use on the single machine; and

c.	Copy the Program for archival or backup purposes, provided that no more than one (1) such copy is permitted to exist at any one time.

Each copy of the Program made by Customer must include a reproduction of any copyright notice or restrictive rights legend appearing in or on the copy of the Program as received from Nexus.

Customer may not:

a.	Use the program on more than one machine at any one time;

b.	Transfer the Program to any person or organization outside of Customer or the corporation of which Customer is a part without the prior written consent of Nexus;

c.	Export or re-export, directly or indirectly, the program, any associated documentation, or the direct product thereof, to any country to which such export or re-export is restricted by law or regulation of the United States or any foreign government having jurisdiction without the prior authorization, if required, of the Office of Export Administration, Department of Commerce, Washington, D.C. and the corresponding agency of such foreign government;

d.	For object-code Programs only, reverse compile or disassemble the Program for any purpose; or

e.	Copy the documentation accompanying the Program.

For Programs designed to reside on a single-machine and support one or more additional machines, either locally or remotely, without permitting the Program to be transferred to an additional machine for local execution, the additional machines shall be considered within the definition of "single machine". For programs permitting the Program to be transferred to an additional machine for local execution, a separate license shall be required for each such machine with which the Program may be used.

Title to the Program and all copies thereof, but not the media on which the Program or copies may reside, shall be and remain with Nexus or others for whom Nexus has obtained a respective licensing right.

Customer shall pay when due all property taxes that may now or hereafter be imposed, levied or assessed with respect to the possession or use of the Program or this license and shall file all reports required in connection with such taxes.

Any portion of the Program modified by Customer or merged with another program shall remain subject to these terms and conditions.

If the Program is acquired by or for an agency of the U.S. Government, the Program shall be considered computer software developed at private expense and the license granted herein shall be interpreted as granting Customer restricted rights in the Program and related documentation as defined in the applicable acquisition regulation.

THE PROGRAM MAY NOT BE USED, COPIED, MODIFIED, MERGED, OR TRANSFERRED TO ANOTHER EXCEPT AS EXPRESSLY PERMITTED BY THESE TERMS AND CONDITIONS.

UPON TRANSFER OF ANY COPY, MODIFICATION, OR MERGED PORTION OF THE PROGRAM, THE LICENSE GRANTED HEREIN IS AUTOMATICALLY TERMINATED.

TERM. The license granted herein is effective upon acceptance by Customer, and shall remain in effect until terminated as provided herein. The license may be terminated by Customer at any time upon written notice to Nexus. The license may be terminated by Nexus or any third party from whom Nexus may have obtained a respective licensing right if Customer fails to comply with any term or condition and such failure is not remedied within thirty (30) days after notice hereof from Nexus or such third party. Upon termination by either party, Customer shall return to Nexus or destroy, the Program and all associated documentation, together with all copies in any form.

LIMITED WARRANTY. Nexus warrants that the media on which the Program is furnished and the encoding of the Program on the media will be free from defects in materials and workmanship for a period of three (3) months from the date of shipment. If any such medium or encoding proves defective during the warranty period, Nexus will provide a replacement in exchange for the defective medium. Except as to the media on which the Program is furnished, the Program is provided "as is" without warranty of any kind, either express or implied. Nexus does not warrant that the functions contained in the Program will meet Customer's requirements or that the operation of the Program will be uninterrupted or error-free.

In order to obtain service under this warranty, Customer must notify Nexus of the defect before the expiration of the warranty period. If Nexus is unable to provide a replacement that is free from defects in materials and workmanship within a a reasonable time thereafter, Customer may terminate the license for the Program and return the Program and any associated materials for credit or refund.

THIS WARRANTY IS GIVEN BY NEXUS WITH RESPECT TO THE PROGRAM IN LIEU OF ANY OTHER WARRANTIES, EXPRESS OR IMPLIED. NEXUS AND ITS VENDORS DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NEXUS' RESPONSIBILITY TO REPLACE DEFECTIVE MEDIA, OR REFUND CUSTOMER'S PAYMENT IS THE SOLE AND EXCLUSIVE REMEDY PROVIDED TO THE CUSTOMER FOR BREACH OF THIS WARRANTY.

LIMITATION OF LIABILITY, IN NO EVENT SHALL NEXUS OR OTHERS FROM WHOM NEXUS HAS OBTAINED A LICENSING RIGHT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR CONNECTED WITH CUSTOMER'S POSSESSION OR USE OF THE PROGRAM, EVEN IF NEXUS OR SUCH OTHERS HAS ADVANCE NOTICE OF THE POSSIBILITY OF SUCH DAMAGES.

THIRD-PARTY DISCLAIMER. Except as expressly agreed otherwise, third parties from whom Nexus may have obtained a licensing right do not warrant the program, do not assume any liability with respect to its use, and do not undertake to furnish any support or information relating thereto.

GENERAL. This Agreement contains the entire agreement between the parties with respect to the use, reproduction, and transfer of the Program.

Neither this Agreement nor the license granted herein is assignable or transferable by Customer without the prior written consent of Nexus.

This Agreement and the license granted herein shall be governed in the United States by the laws of the state of New Hampshire.

All questions regarding this Agreement or the license granted herein should be directed to Nexus Technology, Inc., 78 Northeastern Blvd., Unit 2, Nashua NH 03062.