LICENSE and USER AGREEMENT 1. General Copyright. Any software purchased from this site is the proprietary copyrighted material of Iatek. and use of the software is subject to the terms and conditions set forth herein. Except as expressly provided herein, Iatek. and its suppliers do not grant any express or implied right under any patents, copyrights, trademarks, or trade secret information of Iatek. or its suppliers. Any reproduction, distribution, transmission, or publication of the software or its underlying code is expressly prohibited and may result in civil and criminal penalties. Violators will be prosecuted to the maximum extent of the law. 2. Deployment. Users may modify the code to make the Software fit into their site or to add functionality, but CANNOT re-distribute any part of the code. Additionally, users must leave the copyright information intact in each of the source files, and cannot use any of this code in other projects without the prior written consent of Iatek Inc. Users may deploy this software on one site only, and are prohibited from using it to host solutions for more than one web site. Users also are prohibited from using this software in an ASP/ISP environment. If you want to deploy the this software in an ASP or ISP scenario, please contact Iatek Inc. for licensing arrangements. 3. Warranties. All software is provided "as is" without any express or implied warranties. Iatek. hereby disclaims all warranties and conditions with regard to the software luding all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. In no event shall Iatek. or its suppliers be liable for any special, indirect, or consequential damages or any damages whatsoever resulting from any procurement of substitute goods or services, any business interruption, or any loss of use, data, or profits, whether in any action of contract, negligence, or other tortuous action arising out of or in connection with the use or performance of software provided from Iatek, even if Iatek. is advised of the possibility of such damage. Iatek. may make improvements and/or other changes to the software at any time without notice. 4. Responsibility. User agrees that Iatek (makers of ASPapp). will not be responsible for any threatening, defamatory, obscene, illegal, or offensive content or conduct of any other party or any infringement of another's rightsluding intellectual property rights. User agrees that Iatek. is not responsible for any content procured or sent using the software in any way. 5. Indemnification. Users agree to indemnify and hold harmless Iatek. and its suppliers, subsidiaries, parent companies, officers, and employees harmless from any claim or demand for damagesluding reasonable attorney's fees, asserted by any third party due to or arising out of the user's use of the software. 6. Governing Law. This agreement is governed by the laws of the State of Rhode Island and the United States of America. Those who purchase this software in other countries do so at their own volition and are responsible for compliance with local law. Users cannot use or export this software in violation of U.S. exports laws and regulations. 7. No Joint Venture. User agrees that no joint venture, partnership, employment, or agency relationship exists between the user and Iatek. as a result of this agreement or the use of the software. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law, it shall not affect the validity of the entire agreement. Additionally, such invalid provision shall be deemed superseded by a valid, enforceable provision and the remainder of the agreement shall continue in effect. Unless other specified herein, this agreement represents the entire agreement between the user and Iatek. related to the software and supersedes any and all prior or contemporaneous communications between the user and Iatek. 8. No Waiver of Rights. No delay or failure to take action represents a waiver of the rights inherent to Iatek. By purchasing a copy of this software you are agreeing to this license. Any and all rights not expressly granted herein are reserved. Copyright Iatek 2001-2002