FREE USE LICENSE PLEASE READ THE FOLLOWING TERMS AND CONDITIONS. YOU AGREE THAT ALL OF THE TERMS AND CONDITIONS BELOW APPLY TO YOU AND ANYONE ELSE WHO USES THIS SOFTWARE, IF EITHER: YOU CLICK THE "ACCEPT" BUTTON, OR YOU COPY, INSTALL, OR USE THIS COPY OF PADGEN SOFTWARE, OR YOU PERMIT OR ENABLE OTHERS TO COPY, INSTALL OR USE THIS PADGEN SOFTWARE. IF YOU DO NOT AGREE, PLEASE TERMINATE INSTALLATION IMMEDIATELY, AND DO NOT USE THIS SOFTWARE. 1. SOFTWARE COVERED BY THIS LICENSE This license agreement ("Agreement") applies only to the version of the PADGen software package ("PADGen") with which this Agreement is included by the Association for Shareware Professionals ("ASP"). Different license terms may apply to other software packages or other materials from ASP, and license terms for later versions of PADGen may also be changed. 2. FREE USE LICENSE. (a) Original Distribution Package Necessary. In order to qualify for the free use license described below, you must have downloaded or received PADGen in the form of an original PADGen distribution package as distributed by ASP, including all files contained in such package ("Original Distribution Package"). Current Original Distribution Packages for PADGen are available from ASP and ASP-authorized PADGen distributors. Copies of PADGen not received in the form of an Original Distribution Package are not licensed for use, copying or transmission by you or others. (b) You may, free of charge: install and use PADGen free of charge, for the purpose of creating, changing, storing, distributing and transmitting software description data files in PAD file format(s). copy, store, distribute and transmit, free of charge, identical copies of this Original Distribution Package of PADGen to others, as long as it is deemed current by ASP. store, and distribute and transmit to others, the software description data files created in PAD file format(s) by proper use of this version of PADGen ("proper use" is defined below). describe and designate the software description data files created in PAD file format(s) by proper use of this version of PADGen program ) to others as "PAD" or "Portable Application Description" files. "Proper use" of PADGen is use of the PADGen program fully in accordance with ASP guidelines, as such guidelines may be changed, clarified or corrected by ASP from time to time. If you have any questions as to proper use of this PADGen program, or other guidelines regarding use of the terms "PAD" or "Portable Application Description", you may contact ASP via the contact information included in this Original Distribution Package. (c) You may not: permit others to use this PADGen program unless they are properly licensed by ASP, either under this Agreement or another agreement from ASP. modify, translate, reverse engineer, decompile, disassemble, or create derivative works based on, this PADGen program. copy PADGen except as described above. sell or license copies of PADGen to others. remove any proprietary notices or labels on PADGen or any other ASP software. use PADGen in or for High Risk Activities (defined below) (d) All rights not expressly granted by ASP in this Agreement are entirely and exclusively reserved to ASP. 4. SUPPORT. PADGen contains online help files. However, hard-copy documentation, telephone assistance and other support are not available under this free license. 5. PAD FILE FORMAT AND OTHER LICENSES. (a) The PAD file formats are data file formats that are owned by solely by ASP, and specified and changed from time to time solely by ASP. (b) This PADGen program, as distributed in this Original Distribution Package and when properly used as designated solely by ASP, is intended to create data files in PAD file format(s) endorsed by ASP at the time this Original Distribution Package was first made publicly available by ASP. ASP reserves the right to change any PAD file format at any time at its sole discretion. (c) You acknowledge and agree that it may become necessary to use software other than this version of PADGen to create files that may be referred to publicly by you or others as "PAD" or "Portable Application Description" files in the future. (d) If you wish to create PAD format files without using this PADGen software, there are other ways to do so. For instance, you may build your own data files in conformance with the then-current PAD file format specification(s) published by ASP, and distribute those files under the free, general public license to use the PAD file format, as published by the ASP. (e) All use and distribution of PAD format files is subject to license from the ASP. If you have any questions as to current specifications or license terms for PAD file format(s), you may contact ASP via the contact information included in this Original Distribution Package. 6. DISCLAIMER OF WARRANTY. ASP DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU ACKNOWLEDGE AND AGREE THAT YOU HAD FULL OPPORTUNITY TO TEST PADGEN BEFORE ANY LIVE, PUBLIC OR PRODUCTION USE, THAT YOU ASSUME FULL RESPONSIBILITY FOR SELECTING AND USING PADGEN AND DISTRIBUTING FILES CREATED THROUGH USE OF PADGEN, AND THAT IF YOU USE PADGEN IMPROPERLY OR AGAINST INSTRUCTIONS, YOU CAN CAUSE DAMAGE TO YOUR FILES, SOFTWARE, DATA OR BUSINESS. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF PADGEN IS BORNE BY YOU. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THE AGREEMENT. Some jurisdictions do not allow exclusions of an implied warranty, so this disclaimer may not apply to you and you may have other legal rights that vary by jurisdiction. 7. LIMITATION OF LIABILITY. IN NO EVENT SHALL ASP, OR ITS MEMBERS, OFFICERS, EMPLOYEES, AFFILIATES, CONTRACTORS, SUBSIDIARIES, OR PARENT ORGANIZATIONS, BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES WHATSOEVER RELATING TO THE USE OF PADGEN, FILES CREATED USING PADGEN, OR YOUR RELATIONSHIP WITH ASP. Some jurisdictions do not allow exclusion or limitation of liability for incidental or consequential damages, therefore the above limitation may not apply to you. 8. RESTRICTED RIGHTS LEGEND. Use, duplication, or disclosure by the U.S. Government is subject to the restrictions set forth in subparagraphs (a) through (d) of the Commercial Computer-Restricted Rights clause at FAR 52.227-19 when applicable, or in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013, or at 252.211-7015, as applicable, and in similar clauses in the NASA FAR Supplement. 9. TITLE. ASP or its licensors own the PADGen software, all other materials in this PADGen Original Distribution Package, the PAD File Format, and the names and marks "ASP", "PAD", "Portable Application Description" and "PADGen", under the copyright, trademark, and trade secret laws and all other laws that may apply. 10. TERMINATION. The license will terminate automatically if you fail to comply with any of the limitations, conditions or obligations described herein. On termination, you must destroy all copies of the PADGen software and all other materials in this PADGen Original Distribution Package and, at ASP's sole discretion, any or all of the files created by you using PADGen and distributed to others. 11. HIGH RISK ACTIVITIES. PADGen is not fault-tolerant and is not designed, manufactured or intended for use or resale as on-line control equipment in hazardous environments requiring fail-safe performance, such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines, or weapons systems, in which the failure of PADGen could lead directly to death, personal injury, or severe physical or environmental damage ("High Risk Activities"). ASP and its suppliers specifically disclaim any express or implied warranty of fitness for High Risk Activities. 12. GENERAL. This Agreement constitutes the entire Agreement between the parties with respect to the subject matter herein and supersedes all previous and contemporaneous agreements, proposals and communications, written or oral between you and ASP. Waiver by ASP of any violation of any provision of this Agreement shall not be deemed to waive any further or future violation of the same or any other provision. This Agreement and any dispute relating to PADGen or to this Agreement shall be governed by the laws of the United States and the laws of the State of Washington, without regard to U.S. or Washington choice of law rules. You agree and consent that jurisdiction and proper venue for all claims, actions and proceedings of any kind relating to ASP or the matters in this Agreement shall be exclusively in courts located in Washington. If any part or provision of this Agreement is held to be unenforceable for any purpose, including but not limited to public policy grounds, then you agree that the remainder of the Agreement shall be fully enforceable as if the unenforceable part or provision never existed. There are no third party beneficiaries of any promises, obligations or representations made by ASP herein.