FRANZ INC. TRIAL VERSION END USER LICENSE AGREEMENT

THIS AGREEMENT APPLIES ONLY TO THE TRIAL VERSION OF THE SOFTWARE.

BEFORE YOU INSTALL OR ACCESS OR OTHERWISE USE ANY OF THE SOFTWARE
CONTAINED IN THIS PACKAGE OR CLICK ON "I AGREE" AT THE END OF THIS
DOCUMENT, CAREFULLY READ THE TERMS AND CONDITIONS OF THIS DOCUMENT. BY
INSTALLING OR OTHERWISE USING OR ACCESSING ANY OF THE SOFTWARE
CONTAINED IN THIS PACKAGE OR BY CLICKING ON "I AGREE", YOU ARE
AGREEING TO AND CONSENTING TO BE BOUND BY AND ARE BECOMING A PARTY TO
THE APPLICABLE LICENSE AGREEMENT AS PROVIDED. IF YOU DO NOT AGREE TO
ALL OF THE TERMS OF SUCH AGREEMENT, CLICK "I DO NOT AGREE" AND THE
SOFTWARE WILL NOT BE DOWNLOADED.

 1. GRANT FOR LIMITED TRIAL VERSION ONLY. Franz Inc. ("Franz") hereby
    grants to the end user ("you") a personal, nonexclusive and
    nontransferable license to use the accompanying proprietary
    computer software product ("Software") and any documentation
    provided for the Software ("Documentation"), as follows, for your
    own internal evaluation and solely for a limited trial period of
    thirty (30) days or less, following the date of the first
    installation of the Software. AT THE END OF THE TRIAL PERIOD THE
    SOFTWARE WILL BE DISABLED AND CANNOT BE USED FURTHER. YOU WILL THEN
    BE REQUIRED TO SEPARATELY LICENSE A FULLY FUNCTIONAL VERSION OF THE
    SOFTWARE FROM FRANZ. Subject to the foregoing, and for the limited
    trial period, you may:

    (1) use the Software, for its intended use only, on the type and
	capacity of computer for which you are evaluating the Software,
	provided you install the Software on only one computer at a
	time; and
    (2) use the Documentation only in support of use of the Software
	authorized in paragraph (1) above.

    Franz retains ownership of the Software and Documentation, and each
    copy thereof, which are protected by United States copyright law
    and international treaty provisions, as set out below. This license
    grants you certain rights to use the Software; it is not a sale. No
    rights are granted to any software or documentation which you have
    not purchased.

 2. RESTRICTED USE. Your use of the Software and Documentation is
    restricted so that you may not, and you may not permit or cause
    others to:

    (1) Sublicense, transfer, sell, lease, or rent the Software or the
	Documentation;
    (2) Decompile, decipher, disassemble, reverse engineer or translate
	the Software;
    (3) Modify or create a derivative work of the Software or the
	Documentation; or
    (4) Install the software on more than one computer.

    Unauthorized copying of the Software or the Documentation, or
    failure to comply with the above restrictions, will result in the
    automatic termination of this license and will make other legal
    remedies available to Franz.

 3. TRANSFERS PROHIBITED. This Agreement is personal to you. You are
    prohibited from selling, loaning, renting, leasing, sublicensing,
    transmitting, distributing or redistributing, or otherwise
    transferring or assigning any part of the Software or the
    Documentation to any third party at any time whether by operation
    of law or otherwise and whether with or without consideration.
    Without limiting the foregoing, any transmittal or transfer of the
    Software or the Documentation on the Internet or by other
    electronic means is prohibited. ANY REPRODUCTION OR DISTRIBUTION OF
    THE SOFTWARE OR THE DOCUMENTATION NOT IN ACCORDANCE WITH THE
    EXPRESS TERMS OF THIS LICENSE IS PROHIBITED BY LAW AND MAY SUBJECT
    YOU TO SUBSTANTIAL CIVIL AND CRIMINAL PENALTIES. ANY ACTUAL OR
    ATTEMPTED SALE, LOAN, RENTAL, LEASE, SUBLICENSE, TRANSMISSION,
    DISTRIBUTION OR REDISTRIBUTION OR OTHER TRANSFER OR ASSIGNMENT OF
    THE SOFTWARE OR THE DOCUMENTATION IN WHOLE OR IN PART IN ANY MEDIA
    OR BY ANY METHOD SHALL IMMEDIATELY AND IRREVOCABLY TERMINATE THIS
    LICENSE AGREEMENT FOR ALL PURPOSES.

 4. SOFTWARE FORMAT; NO SUPPORT, NO UPDATES. Franz shall furnish the
    Software to you electronically or on media in machine-readable
    object code form. This license does not grant you any right to any
    enhancement or update to the Software and Documentation or to use a
    fully functional version of the Software. This Agreement does not
    grant you any rights to technical support or maintenance with
    respect to the Software or Documentation.

 5. TITLE; REMAINDER. All title, ownership rights, and intellectual
    property rights in and to the Software and Documentation shall
    remain the sole property of Franz and/or its suppliers and no such
    rights are being transferred or conveyed hereunder. All rights not
    expressly granted herein are expressly reserved and retained by
    Franz.

 6. CONTENT. Title, ownership rights, and intellectual property rights
    in and to the content accessed through the Software are the
    property of the applicable content owner and may be protected by
    applicable copyright or other laws. This License gives you no
    rights to such content.

 7. NO WARRANTY; LIMITATION OF LIABILITY. 

    (1) NEITHER FRANZ NOR ITS SUPPLIERS MAKE ANY REPRESENTATION OF ANY
	KIND REGARDING THE USEFULNESS OR SUITABILITY OF THE SOFTWARE OR
	THE DOCUMENTATION FOR ANY PURPOSE. ALL SOFTWARE AND
	DOCUMENTATION ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF
	ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT
	PERMITTED BY LAW, FRANZ DISCLAIMS ALL WARRANTIES, EXPRESS OR
	IMPLIED, INCLUDING BUT NOT LIMITED TO ALL IMPLIED WARRANTIES OF
	MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND
	NONINFRINGEMENT. WITHOUT LIMITING THE FOREGOING, FRANZ DOES NOT
	WARRANT THAT THE SOFTWARE OR DOCUMENTATION WILL BE DEFECT OR
	ERROR-FREE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF
	IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO
	YOU.

    (2) UNDER NO CIRCUMSTANCES SHALL FRANZ BE LIABLE FOR ANY SPECIAL,
	INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR ANY OTHER
	DAMAGES THAT RESULT FROM THE USE OR INABILITY TO USE ANY OF THE
	SOFTWARE OR DOCUMENTATION (INCLUDING WITHOUT LIMITATION DAMAGES
	FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR
	MALFUNCTION, LOSS OF BUSINESS PROFITS, LOSS OF BUSINESS
	INFORMATION, LOSS OF DATA, OR OTHER PECUNIARY LOSS), EVEN IF
	FRANZ OR ITS REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY
	OF SUCH DAMAGES, WHETHER IN ANY ACTION OF CONTRACT, NEGLIGENCE
	OR OTHER ACTION IN TORT OR OTHERWISE. APPLICABLE LAW MAY NOT
	ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR
	CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY
	NOT APPLY TO YOU. SUBJECT TO THE FOREGOING, IN ALL EVENTS NO
	LIABILITY FOR DAMAGES SHALL EXCEED THE AMOUNT OF THE LICENSE
	FEE PAID TO FRANZ FOR THIS LIMITED LICENSE. BECAUSE SOME
	JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF
	INCIDENTAL OR CONSEQUENTIAL DAMAGES, THESE LIMITATIONS MAY NOT
	APPLY TO YOU.

 8. EXPORT CONTROLS. You shall not download, transmit or otherwise
    export or reexport the Software or any underlying information or
    technology except in full compliance with all United States and
    other applicable laws and regulations. In particular, but without
    limitation, none of the Software or the Documentation or underlying
    information or technology may be downloaded, transmitted or
    otherwise exported or reexported (i) into (or to a national or
    resident of) Cuba, Iraq, Libya, North Korea, Iran, Serbia, Syria or
    Sudan or any other country to which the United States has embargoed
    goods; or (ii) to any person on the United States Treasury
    Department list of Specially Designated Nationals or the United
    States Commerce Department Table of Deny Orders. You represent and
    warrant that you are not located in, under the control of, or a
    national or resident of any such country or on any such list.

 9. TERMINATION. The license granted under this Agreement will
    automatically terminate thirty (30) days from the date of
    installation of the Software. Without prejudice to its other rights
    hereunder, Franz may terminate this Agreement and the License if
    you violate or breach any term or condition hereof. In the event of
    such termination or at the end of the trial period in all events,
    you must immediately destroy all copies of the Software and the
    Documentation and cease all use thereof.

10. BINDING EFFECT. Subject to the prohibitions on transfer and
    assignment hereof, this Agreement shall inure to the benefit of
    and be binding upon each of the parties hereto and their
    respective officers, directors, employees, shareholders, owners,
    partners, agents, representatives, parents, subsidiaries,
    affiliates, heirs, devisees, successors and assigns.

11. MISCELLANEOUS. This Agreement represents the sole and exclusive
    agreement between the parties concerning the subject matter hereof
    and supersedes all prior agreements, communications, proposals and
    representations. This Agreement may be amended only by a writing
    executed by both parties. THE ACCEPTANCE OF ANY PURCHASE ORDER
    PLACED BY YOU IS EXPRESSLY MADE CONDITIONAL ON YOUR ASSENT TO THE
    TERMS SET FORTH HEREIN, AND FRANZ AGREES TO FURNISH THE SOFTWARE
    AND DOCUMENTATION ONLY UPON THESE TERMS AND NOT THOSE CONTAINED IN
    YOUR PURCHASE ORDER. Whenever possible, each provision of this
    Agreement shall be interpreted in such manner as to be effective
    and valid under applicable law. In the event that any provision of
    this Agreement shall be held by the final judgment of a court of
    competent jurisdiction to be invalid or unlawful or unenforceable,
    then the remaining provisions of this Agreement shall remain in
    full force and effect and shall be construed to give the fullest
    effect to the intent of the parties expressed herein. Headings
    shall not be considered in interpreting this Agreement. This
    Agreement shall be governed by and construed under the laws of the
    State of California, U.S.A. for contracts entered into and to be
    performed entirely within the State of California, without
    reference to principles of conflict of laws. This Agreement shall
    not be governed by the United Nations Convention on Contracts for
    the International Sale of Goods, the application of which is
    hereby expressly excluded.

12. U.S. GOVERNMENT RESTRICTED RIGHTS. The Software and Documentation
    are being provided only with RESTRICTED RIGHTS. If the acquiring
    unit or agency is the U.S. Department of Defense, use, duplication
    or disclosure is subject to restrictions as set forth in DFAR
    Section 227.7202. If the acquiring unit or agency is any other
    unit or agency of the United States Government, use, duplication
    or disclosure is subject to restrictions as set forth in FAR
    Section 12.212 and FAR Section 52.227-19(c)(1) and (2). For these
    purposes the manufacturer is Franz Corporation, 555 12th Street,
    Suite 1450, Oakland, California 94607.


COPYRIGHT NOTICE: (c) 2004 Franz Inc. All rights reserved.

TRADEMARK NOTICE: "Franz" and the names of Franz products or processes
and all Franz logos are trademarks or registered trademarks or service
marks or trade dress of Franz Inc.  

If you have any questions concerning this agreement, or otherwise wish to contact Franz Inc., email to: info@franz.com, or write to: CUSTOMER SERVICE, FRANZ INC., 555 12th St., Suite 1450 Oakland, CA 94607.

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  © 2004-2007 Franz Inc.