Howtek Incorporated

End User Software License Agreement
Howtek, Inc.

By selecting OK you accept all the terms and conditions of the agreement.  If you do not agree with the terms and conditions of this Agreement, return the disk envelope, UNOPENED, along with the rest of the package, immediately to Howtek, Inc., or the location where you obtained it.

1. Scope of Use.  In this Agreement, "Software" shall mean the machine readable software programs and associated files in this package, and any modified version, upgrades and other copies of such programs and files.  You may use the Software on a single central processing unit.  You may not rent, loan or lease the Software or use the Software on a multi-user system.  Howtek, Inc. retains title to the Software.

2. Assignment.  You may assign your rights under this Agreement to a third party who agrees in writing to be bound by the Agreement prior to the assignment provided that you transfer all copies of the Software and documentation in any form to the third party or destroy any copies not transferred.  Except as set forth above, you may not assign your rights under this Agreement.  You agree that the Software will not be shipped, transferred or exported into any country or used in any manner prohibited by the United States Export Administration Act.

3. Proprietary Rights.  The structure and organization of the software is the valuable trade secret of Howtek, Inc. and is licensed to you on a non exclusive basis.  You agree to hold such trade secrets in confidence.  You further agree not to translate, disassemble, decompile or reverse engineer the Software in whole or in part, and further agree that any color separations made or data tables derived from separations made using the Software may characterize proprietary algorithms contained in the Software and may only be used for the creation of process color separations for print reproduction by you.  Separation tables derived from the Software may not be sold or incorporated into any other product or service without permission of Howtek, Inc. in writing.

4. No Other Rights.  Howtek, Inc. retains title and ownership of the Software recorded on the original media copies and all subsequent copies of the Software, regardless of the form or media in or on which the original and other copies may exist.  Except as stated above, this Agreement does not grant you any rights to patents, copyrights, trade secrets, trademarks or any other rights in respect of the Software and Documentation.

5. Term.  The license is effective until terminated.  Howtek, Inc. has the right to terminate your license immediately if you fail to comply with any term of this Agreement.  Upon any such termination you must destroy the original and any copies of the Software and its Documentation.

6.  Limited Warranty.  (a) The Software will perform substantially in accordance with the accompanying written materials for a period of ninety (90) days after delivery to you.  You must report all defects, and return the Software to the location where you obtained it with a copy of your receipt with such period to be eligible for warranty service.  (b) If the Software fails to comply with this warranty, Howtek, Inc. will, at its option and cost, either provide all corrections required for any errors, replace the Software or refund the license fee for the Software.  This limited warranty and any implied warranties on the Software are limited to a period of ninety (90) days after delivery of the Software. (c) HOWTEK, INC. DOES NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE OR DOCUMENTATION.  THE FOREGOING STATES THE SOLE AND EXCLUSIVE REMEDIES FOR HOWTEK, INC.'S BREACH OF WARRANTY, EXCEPT FOR THE FOREGOING LIMITED WARRANTY, HOWTEK, INC. MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AS TO NON-INFRINGEMENT OF THIRD PARTY RIGHTS, OR FITNESS FOR ANY PARTICULAR PURPOSE.  (d) Some states or provinces do not allow the exclusion of implied warranties or limitations on how long an implied warranty may last, so the above limitations may not apply to you.  This warranty gives you specific legal rights.  You may have other rights which vary from state to state or province to province.  For further warranty information you may contact Howtek, Inc.'s Customer Support department.

7. Limit of Liability.  (a) IN NO EVENT WILL HOWTEK, INC. BE LIABLE TO YOU FOR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES, INCLUDING ANY LOST PROFITS OR LOST SAVINGS, EVEN IF A HOWTEK, INC. REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIMS BY ANY PARTY.  (b) Some states or provinces do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

8. Governing Law.  This agreement will be governed by the laws in force in the State of Delaware.

9. Integration.  You acknowledge that you have read this Agreement, understand it and that it is the complete and exclusive statement of your agreement with Howtek, Inc. which supersedes any prior agreement, oral or written, and any other communications between Howtek, Inc. and you relating to the subject matter of this agreement.  No variation of the terms of this Agreement will be enforceable against Howtek, Inc. unless Howtek Inc. gives its express written consent, in writing signed by an officer of Howtek, Inc.
