	      		DriveSMART(TM) SOFTWARE
                                 Evaluation, Activation and End-User License Agreement
 
NOTICE-CAREFULLY READ THE TERMS AND CONDITIONS OF THIS AGREEMENT BEFORE INSTALLING AND USING THE
DriveSMART(TM) SOFTWARE.  INSTALLING THE SOFTWARE INDICATES YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS.  IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT INSTALL OR USE THIS S
 
1. DEFINITIONS.  As used herein, the "Software" includes all copies of the version of the
DriveSMART(TM) computer program included on this CD or downloaded online together with any related documentation.
 
2. LICENSE.
 
a. Authorized Use.  Subject to your strict compliance with all terms and conditions of this Agreement, CompuApps grants you a personal, nonexclusive license to use the Software on a single computer.  You may make one copy of the Software (excluding any Documentation) for back-up purposes only.
 
b. Restrictions. You may not: (i) copy (other than a single copy for back-up purposes), distribute, rent, lease, loan, or sublicense, all or any portion of the Software; (ii) modify or prepare derivative works of the Software; (ii) use the Software in a computer based services business or publicly display visual output of the Software; (iv) transmit the Software over a network, by telephone, over the internet, or any other electronic means; or (v) not reverse engineer, decompile, disassemble; or (iv) otherwise use the Software, except as explicitly stated in this Agreement.  You agree to use best efforts to protect the Software from unauthorized use and copying.
 
c. Transfer.  You may permanently transfer the Software to a third party, but only if the transferee agrees to accept the terms and conditions of this Agreement.  If you transfer the Software, you must transfer all copies of the programs and documentation and permanently erase any copies residing on computer equipment and storage media.  Your license is automatically terminated if you transfer the Software.
 
d. The Software is licensed (not sold) to you by CompuApps or its authorized distributors.  CompuApps owns all copyright, trade secret, patent and other proprietary rights in the Software.  All rights are reserved.
 
2. TERM AND TERMINATION.  This Agreement is effective as of the date you first install the Software.  Unless terminated earlier, this Agreement shall continue for thirty (30) days from the effective date ("trial period") and shall automatically terminate thereafter unless you purchase a registration code (as provided in Section 3) to continue using the Software after the trial period.  If you timely purchase a registration code, this Agreement shall continue after the trial period until terminated as provided herein. You may terminate this Agreement at any time by destroying the Software, including all computer programs and documentation, and erasing any copies residing on computer equipment or storage media.  This Agreement will also automatically terminate if you do not comply with any terms of conditions of this Agreement.  Upon such termination, you agree to destroy the Software and erase all copies residing on computer equipment or storage media including the data created or restored  - the end product of our Software, produced during the trial period and residing on all medias.
 
3. FEES.  The license for the thirty (30) day trial period is granted free of charge.  Thereafter, if you wish to continue to use the Software, you are required to pay a registration fee of $49.95 or the appropriate fee (net of discounts from promotions, bundles and other) at the time of your purchase. You can purchase the Registration code online at our site www.compuapps.com or by calling us at (408) 844-9800 or by sending us a check payable to CompuApps, Inc., 3000 Scott Boulevard, Suite 212, Santa Clara CA 95054. Payments must be in US dollars. Along with the payment you need to send your UserID and Serial No which is displayed in the activation dialog box  within  the software.  When payment is received you will be sent a Registration code (activation key) via email which will enable you to continue to use the Software during the remaining term of this Agreement.  Notwithstanding the foregoing, CompuApps reserves the right, with or without notice to you, to change the registration fees for continued use of the Software after the trial period and/or to refuse to register the Software to you. Unregistered use of the Software after the 30-day trial period is a material breach of this Agreement and a violation of U.S. and international copyright laws.
 
4. LIMITED WARRANTY AND REMEDIES.
 
a. Limited Warranty.  For 90 days from the date of shipment, CompuApps warrants that the media (eg. Compact Disk) containing the Software will be free from defects in materials and workmanship.  This limited warranty does not cover defects caused by improper use or neglect.  CompuApps does not warrant that the content or operation of the Software will be error free.  The Software is licensed to you AS IS and without warranty as to the performance or results you may obtain by using the Software.  The entire risk as to the results and performance of the Software is assumed by you.
 
b. Remedies.  To obtain warranty service during the 90-day warranty period, you may return the media containing the Software (postage prepaid) to CompuApps, along with proof of purchase and a description of the problem.  If CompuApps determines that the media has a defect covered under the limited warranty set-forth in paragraph a., above, CompuApps will, at its election, provide you with replacement media containing the Software or refund the amount paid by you for the Software, if any.  These remedies are not available outside of the United States.
 
c. Disclaimer of Warranties and Limitation of Remedies.
 
(i) THE WARRANTIES IN THIS AGREEMENT REPLACE ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.  COMPUAPPS DISCLAIMS AND EXCLUDES ALL OTHER WARRANTIES.  IN NO EVENT WILL COMPUAPPS' LIABILITY OF ANY KIND INCLUDE ANY SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, LOSS OR DAMAGE TO INFORMATION, BUSINESS INTERRUPTION, EVEN IF EVEN IF COMPUAPPS OR ITS LICENSED MARKETING AGENTS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.   COMPUAPPS MAXIMUM AGGREGATE LIABILITY ARISING OUT OF OR IN ANY WAY RELATED TO THIS AGREEMENT OR THE SOFTWARE SHALL BE LIMITED TO THE REGISTRATION FEES, IF ANY, PAID BY YOU HEREUNDER.
 
(ii) CompuApps will not be liable for any loss or damage caused by delay in furnishing any Software, software key, or any other performance under this Agreement.
 
(iii) CompuApps entire liability and your exclusive remedies for our liability of any kind for the Software covered by this Agreement and all other performance or nonperformance by CompuApps under or related to this Agreement are limited to the remedies set-forth in this Agreement.
 
(iv) Some jurisdictions do not allow excluding or limiting implied warranties, or limiting liability for incidental or consequential damages, and some jurisdictions have special statutory consumer protection provisions that may supersede this limitation. As a result the foregoing limitations may not apply to you if prohibited by the laws of your jurisdiction.
 
5. U.S. GOVERNMENT RESTRICTED RIGHTS LEGEND. The Software and any accompanying materials are provided with Restricted Rights. Use, duplication, or disclosure by the U.S. Government and agencies thereof is subject to restrictions set forth herein and in subparagraphs (c) (1) and (2) of 48 CFR 52.227 - 19, Commercial Computer Software - Restricted Rights, as applicable (or, as applicable, similar regulatory restrictions on Rights in Technical Data and Computer Software, e.g., DOD FAR Supplement 252.227-7013 (c) (1) (ii). All unpublished rights of COMPUAPPS reserved under US copyrights laws.
 
6. GENERAL. 
a. You are responsible for installation, management and operation of the Software.
 
b. If any provision of this Agreement is found to be unlawful, void or unenforceable, then that provision shall be severed from this Agreement and will not affect the validity of enforceability of any of the remaining provisions.
 
c. This Agreement shall governed by the laws of the State of California, U.S.A., without reference to its conflicts of laws provision, and any enforcement or other proceeding relating to this Agreement and the Software shall be brought before the State and Federal Courts of Santa Clara County, California.
 
DriveSMART(TM) is a trademark of CompuApps, Inc.
Copyright (c) 1998-2004 by CompuApps, Inc.
All rights reserved.
