
End-User Software License for PGI(r) Software

NOTICE:  PLEASE READ THIS DOCUMENT CAREFULLY BEFORE DOWNLOADING, COPYING OR
USING THE SOFTWARE.  THIS END-USER LICENSE AGREEMENT ("ELA") IS A LEGAL
AGREEMENT BETWEEN YOU, THE LICENSEE ( A SINGLE PERSON, INSTITUTION, OR LEGAL
ENTITY), AND THE PORTLAND GROUP, INC. ("PGI") FOR THE SOFTWARE, ASSOCIATED
MEDIA, PRINTED MATERIAL, ELECTRONIC DOCUMENTATION OR ANY PORTION THEREOF. BY
INSTALLING AND USING THE SOFTWARE ACCOMPANYING THIS ELA, YOU INDICATE YOUR
ACCEPTANCE OF THESE TERMS AND CONDITIONS. PLEASE NOTE THAT YOU MAY NOT USE,
COPY, MODIFY OR TRANSFER THE SOFTWARE OR DOCUMENTATION OR ANY COPY, EXCEPT AS
EXPRESSLY PROVIDED IN THIS ELA.  IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS
OF THIS ELA, DO NOT OPEN THE PACKAGE OR, IF THE PACKAGE IS OPENED, DO NOT USE
THE SOFTWARE.  PROMPTLY RETURN THE SOFTWARE TO THE PORTLAND GROUP, INC.  AT THE
ADDRESS NOTED BELOW AND DESTROY ANY COPIES OF THE SOFTWARE.

       Ownership.  The Software distributed and licensed to you as the licensee
("You") hereunder, including, if and when provided, any updates furnished to You
for free or for additional fees is proprietary to PGI or its licensor (PGI and
licensors hereafter referred to as "Licensor").  Licensor retains title to and
ownership of the Software, including the copy provided herein, and reserves all
rights not expressly granted in this Agreement.  You assume responsibility for
the selection of the Software to achieve your intended results, and for the
installation, use and results obtained from the Software.

        Granting of License.  Under the terms and conditions of this ELA, You
are hereby granted a limited, revocable, nontransferable and nonexclusive
license, without the right to sublicense, to use the Software subject to the
restrictions and other terms within.  That use must be (i) only by You, (ii)
only for the target hardware for which the Software is purchased, (iii) only on
the network(s) and only by the number of users for which the corresponding fee
has been paid and specifically,  (iv) only to target no more than the maximum
number of CPUs, or the maximum number of processes, for which the corresponding
fee has been paid.  Any other use of the Software is strictly prohibited.

        Restrictions.  You may make one (1) copy of the Software in
machine-readable form, solely for archival or backup purposes, provided the
copyright notice and other proprietary legends on the Software are included on
any archival/backup copies made.   You may not modify, adapt, translate, reverse
engineer, de-compile, disassemble, or create derivative works in whole or in
part based on the Software. You may not rent, lease, loan, or electronically
transfer the Software to others or from one computer to another over a network.

The term "proprietary" as used in this agreement does not establish a
confidential relationship between the Licensor and You. You will respect all
intellectual property rights, copyrights, and patents that the Licensor has in
the Software.  You agree that normal usage of the Software as a software
development system by You will not violate Licensor's proprietary rights.

        IF YOU OTHERWISE TRANSFER POSSESSION OF ANY COPY, MODIFICATION OR MERGED
PORTION OF THE PROGRAM TO ANOTHER PARTY, YOUR LICENSE IS AUTOMATICALLY
TERMINATED.

        Limited Warranty.  

THE SOFTWARE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND.  TO THE MAXIMUM
EXTENT PERMITTED BY APPLICABLE LAW, PGI AND ITS LICENSORS AND SUPPLIERS FURTHER
DISCLAIM ALL WARRANTIES, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. THE
ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE SOFTWARE AND
DOCUMENTATION REMAINS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE
LAW, IN NO EVENT SHALL PGI OR ITS SUPPLIERS OR LICENSORS BE LIABLE FOR ANY
CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR OTHER DAMAGES
WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS,
BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, LOSS OF DATA OR OTHER
PECUNIARY LOSS) ARISING OUT OF THIS ELA OR THE USE OF OR INABILITY TO USE THE
SOFTWARE, EVEN IF PGI OR ITS SUPPLIERS OR LICENSORS HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING THE FOREGOING, TO THE EXTENT THAT
PGI MAY BE HELD LEGALLY LIABLE TO YOU BY A COURT OF COMPETENT JURISDICTION UNDER
CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, THE MAXIMUM LIABILITY OF PGI SHALL
NOT EXCEED THE APPLICABLE PURCHASE PRICE OF THE SOFTWARE OR $1000, WHICHEVER IS
GREATER.   BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE
LIMITATIONS MAY NOT APPLY TO YOU.

        Software Export.  Neither the computer Software, technical data, nor the
direct products thereof are intended to be shipped, either directly or
indirectly, to Country Groups D:1, E:2, Q, S, W, Y, or Z, or Afghanistan or the
Peoples Republic of China, or otherwise in breach of the U.S. Export Licensing
Regulations, except as specifically allowed by the applicable U.S. Export
Licensing Regulations.  You agree to abide by all U.S. Export Licensing
Regulations while this license is in effect and after this license is
terminated.

        Software Manual.  The manual provided with the Software is copyrighted
and may not be copied, photographed, reproduced, translated or reduced to any
electronic medium or machine-readable form in whole or in part.

        Government Use. The Software is a "commercial item," as that term is
defined at 48 C.F.R. 2.101 (OCT 1995), consisting of "commercial computer
software" and "commercial computer software documentation," as such terms are
used in 48 C.F.R. 12.212 (SEPT 1995) and is provided to the U.S. Government only
as a commercial end item.  Consistent with 48 C.F.R. 12.212 and 48 C.F.R.
227.7202-1 through 227.7202-4 (JUNE 1995), all U.S. Government licensees and end
users acquire the Software with only those rights set forth herein. 

        Termination.  The license is effective until terminated.  You may
terminate it at any time by returning and/or destroying the Software together
with all copies.  This license will also terminate immediately without notice
from Licensor if You fail to comply with any provision of this Agreement.  You
must return the original Software and any copies, including any updates, upon
termination of this Agreement.

        Controlling Law and Complete Agreement.  This Agreement shall be
construed and interpreted under the laws of the state of Oregon and the United
States, not including the conflict of laws principles.  If any provision of this
Agreement, or portion thereof, is found to be unenforceable, that provision
shall be enforced to the maximum extent possible and the remainder of this
Agreement shall continue in full force and effect.  This is the entire agreement
between You and Licensor with respect to the Software and supersedes all prior
or contemporaneous understandings or agreements, written or oral, regarding such
subject matter and may only be modified in writing executed by the parties.

YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO BE BOUND BY ITS
TERMS.  YOU FURTHER AGREE THAT IT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF
AGREEMENT BETWEEN US WHICH SUPERSEDES ANY PRIOR AGREEMENT, ORAL OR WRITTEN, ANY
PROPOSAL AND ANY OTHER COMMUNICATIONS BETWEEN US RELATING TO THE SUBJECT MATTER
OF THIS AGREEMENT.

The Portland Group, Inc.
9150 SW Pioneer Ct., Ste H.
Wilsonville, OR. USA   97070
