LICENSE AGREEMENT

Copyright (C) 2004 by ExecSoft Limited. All Rights Reserved.

BEFORE PROCEEDING WITH THE INSTALLATION AND USE OF THIS SOFTWARE, CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT AND LIMITED WARRANTY (The "Agreement").

All rights, title, and copyrights in and to the Software Product (including, but not limited to, any images, photographs, animations, video, audio and text incorporated into the Software Product) and any copies of the Software Product are owned by ExecSoft Limited ("ExecSoft") or its suppliers. You may not copy the printed materials, if any, accompanying the Software Product.

END-USER LICENSE AGREEMENT

This End-User License Agreement (“EULA”) is a legal agreement between you (either an individual or a single entity) and ExecSoft for the ExecSoft software that accompanies this EULA, which includes computer software and may include associated media, printed materials, “online” or electronic documentation and Internet-based services (“Software”). An amendment or addendum to this EULA may accompany the Software. YOU AGREE TO BE BOUND BY THE TERMS OF THIS EULA BY INSTALLING, COPYING OR OTHERWISE USING THE SOFTWARE. IF YOU DO NOT AGREE WITH THESE TERMS, DO NOT INSTALL, COPY OR USE THE SOFTWARE; YOU MAY RETURN IT TO YOUR PLACE OF PURCHASE (IF APPLICABLE) FOR A FULL REFUND.

SOFTWARE PRODUCT LICENSE

This software, including documentation ("Software") is owned by ExecSoft and is protected by copyright law and international copyright treaties, as well as other intellectual property laws and treaties. The Software Product is licensed, not sold. This Agreement does not provide you with title or ownership of the Software, but only a right of limited use as outlined in this license agreement. ExecSoft hereby grant you a non-exclusive, royalty free license to use the Software.You may not alter the Software Product in any way, including its help and text files.

SOFTWARE EVALUATION LICENSE

ExecSoft Software is not freeware. You may install the evaluation version of the Software Product to test and evaluate it for 30 days; after this time you must either buy the license to use the Software Product permanently or delete the evaluation version of the Software Product from your hard drive.

You are hereby allowed to make any number of backup copies of the evaluation version of the Software Product and its documentation. You can give a copy of the evaluation version of the Software Product to anyone, providing that no additional fee is charged and the package files are not modified in any way.

Do not use this Software to send SPAM E-Mail

This clause is always active and valid regardless of the local spam laws in your country and you must agree to it prior to using the "Software" known as eXecutive News Letter.

eXecutive News Letter is a bulk mailer however, its use is strictly limited to people who use it for legitimate purposes ie sending solicited E-Mail to subscribers who have specifically given approval to be on your mailing list. Unsolicited E-mail is mail sent to any subscriber who has not specifically given approval to be on your mailing list. By installing, using or purchasing eXecutive News Letter you have indicated your agreement to this clause.

ADDITIONAL LICENSE TERMS

ExecSoft grants to you as an individual, a personal, non-exclusive license to install and use the Software. You may install a copy of the Software on a computer and freely move the Software from one computer to another, provided that you are the only individual using the Software. If you are an entity, ExecSoft grants you the right to designate one individual within your organization ("Named User") to have the right to use the Software in the manner provided above.

RESTRICTIONS

Without the written consent of ExecSoft, you may not transfer, rent, lease, sublicense or lend the Software, or sell any portion of the Software.

Limitations on Reverse-Engineering, Decompilation and Disassembly. You may not reverse-engineer, decompile or disassemble the Software Product, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.

LIMITED WARRANTY

THIS SOFTWARE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES MERCHANTIBILITY AND FITNESS FOR A PARTICULAR PURPOSE.

EXECSOFT DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE.

LIMITATION OF REMEDIES AND LIABILITY

IN NO EVENT SHALL EXECSOFT OR ANY OTHER PARTY WHO MAY HAVE DISTRIBUTED THE SOFTWARE AS PERMITTED ABOVE, BE LIABLE FOR DAMAGES, INCLUDING ANY GENERAL, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING FROM THE USE OR INABILITY TO USE THE SOFTWARE PRODUCT (INCLUDING BUT NOT LIMITED TO LOSS OF BUSINESS PROFIT, LOSS OF DATA, LOSSES SUSTAINED BY YOU OR THIRD PARTIES OR ANY OTHER PECUNIARY LOSS).

LAW

Except as otherwise restricted by law, this License shall be construed, interpreted and governed by the laws of the Scotland. The parties agree that any action relating to this License shall be instituted and prosecuted in the courts of competent jurisdiction of and in Scotland. You also agree that any costs incurred by you to defend any action shall be paid by you. ExecSoft reserves all rights not specifically granted in this License.