DevTech, Inc. (the AUTHOR) grants you a non-exclusive, license to the SOFTWARE (hereinafter defined), for your end use, provided that you adhere to the terms of this license agreement (the LICENSE).

The SOFTWARE is licensed, not sold. The AUTHOR does not transfer title to the SOFTWARE to you. No rights are granted to you other than those listed in the LICENSE. By installing or USING (hereinafter defined) the SOFTWARE, you signify your agreement to the terms of the LICENSE.

1. DEFINITIONS

   As used herein, the following definitions shall apply:

   1. "SOFTWARE" shall mean the SiteSurfer 1.0 bytecodes, object code, and any accompanying files and documentation, including any files generated by the USE of the bytecodes and object code.
   2. "BUILDER" shall mean the subset of the SOFTWARE comprising the Java application in SITEGEN.JAR, known as "SiteSurfer Builder."
   3. "APPLET" shall mean the subset of the SOFTWARE comprising the Java applet contained in SITESURF.JAR, SITESURF.CAB, INDEX1.JAR, and INDEX2.JAR files, and any HTML files that embed or display the Java applet.
   4. "INDEXES" shall mean the subset of the APPLET comprising the INDEX1.JAR and INDEX2.JAR files.
   5. "USE" shall mean the reading into and out of memory of the SOFTWARE and the execution of the SOFTWARE, in whole or in part.
   6. "WEBSITE" shall mean a single computer running web server software for a single end-user; OR, the subdirectory leased or owned by a single end-user on a multi-user web server.

2. LICENSE GRANT
   1. You may:
      1. Install and USE the BUILDER on one machine at one time.
      2. Embed the APPLET in your own single, personal or commercial WEBSITE, provided that the INDEXES are for that WEBSITE ONLY; and you may allow others to USE this APPLET on your WEBSITE in a manner consistent with the terms of the LICENSE.
      3. Create APPLETS for your local computer, intranet, or Internet and USE those APPLETS solely for your personal or commercial use on your local computer and NOT on your WEBSITE.
      4. Make copies of the SOFTWARE or portions thereof for backup purposes, provided that all shall include the restrictive and proprietary notices as they appear on and in the copy of the SOFTWARE provided by the AUTHOR.
      5. Transfer the SOFTWARE on a permanent basis, provided you retain no copies of the SOFTWARE, provided further that the recipient shall be bound by the terms of the LICENSE, and provided further that the recipient first notifies the AUTHOR of the transfer, before the transfer becomes effective.

   2. You may NOT:
      1. Lease, rent, sublicense, or assign the SOFTWARE, including the APPLET, or otherwise transfer any rights to the SOFTWARE, other than as provided in 2.1.5 above.
      2. Remove any notices or labels from the SOFTWARE.
      3. Unpackage, in whole or in part, any JAR or ZIP files that are part of the SOFTWARE.
      4. Reverse engineer, reverse compile, disassemble, translate, modify, create derivative works, make any attempt to discover the source code, or otherwise alter the SOFTWARE.
      5. Copy or redistribute the SOFTWARE other than as provided in 2.1.2 and 2.1.4 above. You are expressly prohibited from distributing any INDEXES created for any WEBSITE other than your own WEBSITE.

3. DISCLAIMER OF WARRANTY
   1. THE SOFTWARE IS PROVIDED ON AN 'AS IS' BASIS. NO WARRANTY IS GRANTED TO YOU BY THE AUTHOR, EITHER EXPRESS OR IMPLIED, INCLUDING NO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS AND DISCLAIMERS MAY NOT APPLY TO YOU.
   2. The AUTHOR does not warrant that the SOFTWARE is free from claims by any third party of patent, trademark, copyright, trade secret, or any other intellectual property infringement.
   3. The AUTHOR is not obligated to provide any support services, updates, fixes, or enhancements for the SOFTWARE. Under no circumstances does this license entitle you to any support services, updates, fixes, or enhancements for the SOFTWARE. If the AUTHOR chooses to provide any of these, they shall be on an 'as is' basis, with no obligation by the AUTHOR to provide further support services, udpates, fixes, or enhancements.
   4. The SOFTWARE is not intended for use in any environment which requires fail-safe operation.
   5. The AUTHOR shall not be held responsible or liable for any direct, special, consequential, or incidental damages or loss of profits or savings resulting from installation or use of the SOFTWARE, including but not limited to damages to hardware and loss or damage to records or data, even if the AUTHOR has been advised of the possibility thereof. The AUTHOR shall not be held responsible or liable for any damages claimed against you by a third party. Your exclusive remedy for any breach of the LICENSE by the AUTHOR is limited to repayment of the LICENSE price upon your termination of the license and certification of destruction of all SOFTWARE in your possession. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

4. GENERAL PROVISIONS
   1. This LICENSE will be governed by the laws of the State of South Carolina, U.S.A., excluding the application of its conflicts of law rules. This LICENSE will not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.
   2. If any part of the LICENSE is found void and unenforceable, it will not affect the validity of the balance of the LICENSE, which shall remain valid and enforceable according to its terms.
   3. You agree that the SOFTWARE will not be shipped, transferred or exported into any country or used in any manner prohibited by the United States Export Administration Act or any other export laws, restrictions or regulations.
   4. You agree that any breach or threat of breach of the LICENSE will result in irreparable harm to the AUTHOR for which damages would not be an adequate remedy and, therefore, in addition to its rights and remedies otherwise available at law, including without limitation the recovery of damages for breach of the LICENSE, the AUTHOR shall be entitled to equitable relief, including both temporary and permanent injunction, to prevent any unauthorized use or disclosure, and to such other and further equitable relief as the court may deem proper under the circumstances.
   5. You agree to pay all taxes imposed by any government with jurisdiction with respect to the grant of LICENSE and the USE of the SOFTWARE to the extent the same are not expressly included in the invoiced price for the LICENSE.
   6. You agree that the SOFTWARE is the exclusive property and a valuable trade secret of the AUTHOR. You agree not to disclose or make available to third parties the SOFTWARE without the AUTHOR's prior written consent.
   7. This LICENSE is the sole agreement between the parties related to the subject matter hereto and supercedes all prior understandings, writings, proposals, representations, and communications, oral or written, of either party. This LICENSE may be amended only by a writing executed by the authorized representatives of both parties.

5. TERMINATION
   1. You may terminate the LICENSE at your discretion, at any time.
   2. This LICENSE is automatically terminated if you fail to comply with the terms of the LICENSE.
   3. Upon termination of the LICENSE, you may no longer USE the SOFTWARE. You must destroy all copies of the SOFTWARE.
   4. The provisions set forth in paragraphs 2.2, 3, and 4 shall survive termination or expiration of the LICENSE.