EitherMouse Steffen Software www.EitherMouse.com END-USER LICENSE AGREEMENT 1. DEFINITIONS - The following terms shall have the respective meanings indicated: "Licensor" means Steffen Software and/or Joel Steffen. "Licensee" means You or Your Company, the end user. "Software" means the contents of the files, downloads, or other media that make up EitherMouse. "Use" means to access, install, download, copy or otherwise benefit from the functionality of the Software. 2. GENERAL USE - You are granted a non-exclusive license to Use the Software for an unlimited period of time, free of charge. The Software may be installed and Used by the Licensee on any number of systems, for any legal purpose. The Software may not be distributed or copied for distribution. The Licensee acknowledges and agrees that the Licensor retains all copyrights and other proprietary rights in and to the Software. Use within the scope of this License is free of charge and no royalty or licensing fees shall be paid by the Licensee, to anyone. 3. INTELLECTUAL PROPERTY RIGHTS - The Software is owned by the Licensor. The Software and any copies that the Licensee is authorized to make are the intellectual property of and are owned by the Licensor. The Software is protected by copyright, including without limitation by Copyright Law and international treaty provisions. Any copies that the Licensee is permitted to make must contain the same copyright and other notices that appear on or in the Software. Any attempts to reverse-engineer, copy, clone, decompile, disassemble, modify or alter in any way the Software are strictly prohibited. 4. WARRANTY - The Software is delivered "AS IS" and the Licensor makes no warranty as to its use or performance. To the best of the Licensor's knowledge, the Software does not infringe upon or violate any intellectual property right of any third party. The Licensor does not and cannot warrant the performance or results the Licensee may obtain by using the Software. The entire risk arising out of use or performance of the Software remains with the Licensee. The Licensor gives no warranty, express or implied, that the Software will be of satisfactory quality, useful for any particular purpose, or that the Software will operate error free or without interruption or that any errors will be corrected. 5. LIMITATION OF LIABILITY In no event will the Licensor be liable for any damages, claims or costs whatsoever or any consequential, indirect, incidental damages, or any lost profits or lost savings, even if the Licensor has been advised of the possibility of such loss, damages, claims or costs. In no event will the Licensee be liable to the Licensor on condition that the Licensee complies with the terms stated in this License. 6. NON-WAIVER If a portion of this agreement is held unenforceable, the remainder shall be valid. A party's failure to exercise any right under this Agreement will not constitute a waiver of any other terms or conditions of this Agreement, or a right at any time thereafter to require exact and strict compliance with the terms of this Agreement.