LICENSE AGREEMENT

CAREFULLY READ THE TERMS AND CONDITIONS OF THIS AGREEMENT. BY CLICKING ON THE 'YES' BUTTON, YOU AGREE TO BE BOUND BY AND ARE BECOMING A PARTY TO THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, CLICK THE 'NO' BUTTON AND THE SOFTWARE WILL NOT BE INSTALLED ON YOUR COMPUTER.

1. Subject to the terms of this Agreement, Kiss Software Corporation ("KISSCO") grants to you a non-exclusive, limited-time license to use the advertisement supported Software in binary executable form only as defined below.

2. You may install the Software on a hard disk or other storage device; install and use the Software on a file server for use on a network for the purposes of (i) permanent installation onto hard disks or other storage devices or (ii) use of the Software over such network; and make backup copies of the Software for the evaluation period to determine whether the Software meets your needs and if you wish to purchase a fully-paid license.  You understand and agree that at the end of the evaluation period your license is terminated and you must no longer use the Software unless you pay for a fully-paid license. The evaluation period for use of the Software is ninety (90) days if the Software is being used by or on behalf of a commercial enterprise.  Evaluation use by others is not limited to ninety (90) days. 

3. You may make and distribute unlimited copies of the Software, excluding copies for commercial distribution, as long as each copy that you make and/or distribute is subject to this Agreement, and the same copyright and other proprietary notices pertaining to this Software that appear in the Software. If you download the Software from the Internet or similar on-line source, you must include the Kissco copyright notice for the Software with any on-line distribution and on any media you distribute that includes the Software.

4. This License does not entitle you to hard-copy documentation, support or telephone assistance. Kissco reserves the right at any time not to release a commercial release of the Software or, if released, to alter prices, features, licensing terms, or other characteristics of the commercial release.

5. You may not resell the Software.  You may not copy the Software, nor print copies of any related material except as defined above.  The Software contains trade secrets, and in order to protect those trade secrets, you may not decompile, reverse engineer, disassemble or otherwise convert the Software to human-readable form, whether written, magnetically recorded or otherwise.

6. All right, title and interest (including copyright) in and to the Software shall remain in KISSCO. You agree to abide by the copyright law and all other applicable laws of the United States including, but not limited to, export control laws. Any trademark, trade name, copyright, or other proprietary notices, legends, symbols, or labels appearing on or in the Software provided to you shall not be removed or altered and shall be accurately reproduced by you on any and all copies of the Software.

7. This license will remain in effect until terminated.  If you transfer possession of any copy of the Software to another party, the license is automatically terminated.  If you fail to comply with the terms and conditions of this agreement, the license is automatically terminated.  You may terminate this license by destroying all copies, modifications or portions of the program.
  
YOU MAY NOT USE, COPY, TRANSFER, RESELL, SUBLICENSE OR RENT THE SOFTWARE OR ANY PORTION OF THE SOFTWARE IN WHOLE OR IN PART, EXCEPT AS EXPRESSLY PROVIDED FOR IN THIS LICENSE AGREEMENT.

LIMITED WARRANTY

KISSCO MAKES NO WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, REGARDING THE SOFTWARE. KISSCO DOES NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATION REGARDING THE USE OR THE RESULTS OF THE USE OF THE SOFTWARE IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, CURRENTNESS, OR OTHERWISE. THE COMPLETE RISK AS TO THE PERFORMANCE OF THE SOFTWARE IS ASSUMED BY YOU. THE EXCLUSION OF IMPLIED WARRANTIES IS NOT PERMITTED BY SOME JURISDICTIONS. THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
IN NO EVENT WILL KISSCO, AND THEIR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INCIDENTAL, OR INDIRECT DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, AND THE LIKE) ARISING FROM THE USE OR INABILITY TO USE THE SOFTWARE EVEN IF KISSCO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF LIMITATIONS OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
KISSCO'S LIABILITY TO YOU FOR ACTUAL DAMAGES FROM ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR OTHERWISE) WILL BE LIMITED TO THE AMOUNT YOU HAVE PAID FOR THE SOFTWARE, BUT IN NO CASE WILL THE AMOUNT EXCEED $2 (TWO) USD.