PowerQuest(r) End User License Agreement

IMPORTANT: Read this before using your copy of PowerQuest 
software.

This document is a legal agreement between you (an individual 
or business) and PowerQuest Corporation (PowerQuest). Use of 
the software indicates your acceptance of these terms. As used 
in this License Agreement, the term "Software" means the 
software included on the CD or disk media provided with this 
License Agreement. The term "Software" does not include any 
software that is covered by a separate license offered or 
granted by a person other than PowerQuest.

IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, EITHER 
DESTROY OR RETURN, INTACT, THE SOFTWARE PACKAGE, CONTAINING 
THE CD OR DISK MEDIA, TOGETHER WITH THE OTHER COMPONENTS OF 
THE PRODUCT TO THE PLACE OF PURCHASE FOR A REFUND OF THE 
PURCHASE PRICE.

1. PROPRIETARY RIGHTS. The Software and any accompanying 
documentation are the proprietary products of PowerQuest or 
its licensors and are protected under national laws and 
international treaty provisions. Ownership of the Software 
and all copies, modifications, translations, and merged 
portions thereof shall at all times remain with PowerQuest 
or its licensors.

2. GRANT OF LICENSE. The Software and accompanying 
documentation are being licensed to you, which means you 
have the right to use the Software only in accordance with 
this License Agreement. The Software is considered in use 
on a computer when it is loaded into temporary memory or 
installed into permanent memory. This License may not be 
assigned or otherwise transferred without prior written 
consent from PowerQuest, and any unauthorized transfer is 
null and void.

You are authorized to use ONLY a single copy of the 
Software on the number of computers for which you have 
purchased a license (as indicated on the accompanying 
license certificate, if applicable). Each permitted copy 
of the Software may be used only in connection with a 
single computer owned or leased by you. If the Software 
is made available on a network, it may be accessed only by 
ONE specific computer. Once the Software has been accessed 
by ONE specific computer it may not be used on any 
additional computers without purchasing additional licenses. 
All copies of the Software must include the copyright, 
trademark, and patent notices.

This license is personal to you. You may not sublicense, 
lease, sell, or otherwise transfer the Software or any of 
the accompanying documentation to any other person. You may 
use the Software only for your own personal use if you are 
an individual, or for your own internal business purposes if 
you are a business. If you are a service bureau, integrator, 
value added reseller, or other type of service provider and 
wish to use this software on your clients' computers, you 
must purchase a Configuration License.

BACKUP COPY. In addition to any copies authorized under this 
license agreement, you may make a single copy of the Software 
solely for backup purposes.

UPDATES AND SUPPORT. You are entitled to receive technical 
support as outlined in the Software documentation. You are 
entitled to receive Software updates (updates shall include 
any patches or bug fixes that PowerQuest makes generally 
available at www.powerquest.com) in accordance with 
PowerQuest policies as announced from time to time on terms 
comparable to those offered to other users of the Software 
under similar licenses.

TERM. This license is effective from your date of purchase 
and shall remain in force until terminated. You may terminate 
the license and this License Agreement at any time by 
destroying the Software and the accompanying documentation, 
together with all copies in any form.

3. NONPERMITTED USES. Without the express prior written 
permission of PowerQuest, you may not (a) use, copy, modify, 
alter or transfer, electronically or otherwise, the Software 
or documentation except as expressly permitted in this 
License Agreement, or (b) translate, reverse program, 
disassemble, decompile, or otherwise reverse engineer the 
Software.

4. EXPORT CONTROLS. Certain uses of the Software by you may 
be subject to restrictions under U.S. regulations relating 
to exports and ultimate end uses of computer software. You 
agree to fully comply with all applicable U.S. laws and 
regulations, including but not limited to the Export 
Administration Act of 1979 as amended from time to time and 
any regulations promulgated thereunder.

5. U.S. GOVERNMENT RESTRICTED RIGHTS. If you are acquiring 
the Software on behalf of any unit or agency of the United 
States Government, the following provision applies:  It is 
acknowledged that the Software and the documentation were 
developed at private expense and that no part is in the 
public domain and that the Software and documentation are 
provided with RESTRICTED RIGHTS. Use, duplication, or 
disclosure by the Government is subject to restrictions as 
set forth in subparagraph (c)(1)(ii) of the Rights in 
Technical Data and Computer Software clause at 
DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the 
Commercial Computer Software-Restricted Rights at 
48 CFR 52.227-19, as applicable. Contractor/Manufacturer is 
PowerQuest Corporation, P.O. Box 1911, Orem, Utah 84059-1911, 
U.S.A.

6. LIMITED WARRANTY. (a) PowerQuest warrants to you, the 
original end user, (i) that the Software, other than 
third-party software, will perform substantially in 
accordance with the accompanying documentation and (ii) 
that the Software is properly recorded on the disk media. 
This Limited Warranty extends for ninety (90) days from 
the date of purchase. PowerQuest does not warrant any 
third-party software that is provided with the Software, 
but PowerQuest agrees to pass on to you any warranties of 
the owner or licensor to the extent permitted by the owner 
or licensor. 

(b) This Limited Warranty does not apply to any Software 
that has been altered, damaged, abused, mis-applied, or 
used other than in accordance with this license and any 
instructions included on the Software and the accompanying 
documentation. 

(c) PowerQuest's entire liability and your exclusive remedy 
under this Limited Warranty shall be the repair or 
replacement of any Software that fails to conform to this 
Limited Warranty or, at PowerQuest's option, return of the 
price paid for the Software. PowerQuest shall have no 
liability under this Limited Warranty unless the Software 
is returned to PowerQuest or its authorized representative, 
with a copy of your receipt, within the warranty period. 
Any replacement Software will be warranted for the remainder of 
the original warranty period or 30 days, whichever is longer. 

(d) THIS WARRANTY IS IN LIEU OF AND EXCLUDES ALL OTHER 
WARRANTIES NOT EXPRESSLY SET FORTH HEREIN, WHETHER EXPRESS 
OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF 
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, 
NON-INFRINGEMENT, OR WARRANTIES ARISING FROM USAGE OF TRADE 
OR COURSE OF DEALING. 

(e) THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS; YOU MAY 
HAVE OTHERS WHICH VARY FROM STATE TO STATE. 

(f) Your failure to return the enclosed registration card or 
complete the electronic registration included with the 
Software may result in PowerQuest's inability to provide you 
with updates to the Software, and you assume the entire risk 
of performance and result in such an event.

7. LIMITATION OF LIABILITY. IN NO EVENT SHALL POWERQUEST'S 
LIABILITY RELATED TO ANY OF THE SOFTWARE EXCEED THE LICENSE 
FEES ACTUALLY PAID BY YOU FOR THE SOFTWARE. EXCEPT FOR A 
RETURN OF THE PURCHASE PRICE UNDER THE CIRCUMSTANCES PROVIDED 
UNDER THE LIMITED WARRANTY, NEITHER POWERQUEST NOR ITS 
SUPPLIERS SHALL IN ANY EVENT BE LIABLE FOR ANY DAMAGES 
WHATSOEVER ARISING OUT OF OR RELATED TO THE USE OF OR 
INABILITY TO USE THE SOFTWARE, INCLUDING BUT NOT LIMITED TO 
DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL 
DAMAGES, AND DAMAGES FOR LOSS OF BUSINESS PROFITS, 
BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR 
OTHER PECUNIARY LOSS, EVEN IF POWERQUEST CORPORATION HAS 
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER SUCH 
LIABILITY IS BASED ON CONTRACT, TORT, WARRANTY, OR ANY OTHER 
LEGAL OR EQUITABLE GROUNDS. BECAUSE SOME STATES DO NOT ALLOW 
THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR 
INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

8. NO WAIVER. Any failure by either party to this agreement 
to enforce a specific part of the agreement in a specific 
situation is not a waiver of rights under the agreement. The 
party may still enforce the rest of the agreement in that 
situation and may still enforce some or all of the agreement 
in other situations.

9. This License Agreement constitutes the entire agreement 
between you and PowerQuest pertaining to its subject matter. 
This License Agreement is governed by the laws of the State 
of Utah. Any litigation arising from this license will be 
pursued only in the state or federal courts located in the 
State of Utah. Even if part of the agreement is held 
invalid, the rest of the agreement is still valid, binding 
and enforceable.

Should you have any questions concerning this Agreement, or 
if you desire to contact PowerQuest Corporation for any 
reason, please write: 

PowerQuest Corporation
P.O. Box 1911
Orem, UT 84059-1911
U.S.A.

Copyright 1994-2002 PowerQuest Corporation. All rights 
reserved. The Software may be protected by U.S. patents, with 
other patents pending in the U.S.A. and elsewhere. PowerQuest 
is a registered trademark of PowerQuest Corporation.