USER & DISTRIBUTOR LICENSE AGREEMENTS FOR EXL-PLAN
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NOTICE TO USERS: CAREFULLY READ THE FOLLOWING LEGAL AGREEMENTS. USE OF  EXL-PLAN (THE "SOFTWARE") PROVIDED WITH THIS AGREEMENT CONSTITUTES YOUR ACCEPTANCE OF THESE TERMS. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT DISTRIBUTE, INSTALL AND/OR USE THIS SOFTWARE. USER'S USE OF THIS SOFTWARE IS CONDITIONED UPON COMPLIANCE BY USER WITH THE TERMS OF THIS AGREEMENT.

Contents:
1. License Agreement for Commercial/Registered Version
2. Additional License Terms for Shareware Version
3. Additional License Terms for Distribution of the Shareware Version
4. Contact Details

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1. License Agreement for Commercial/Registered Version
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APPLICATION. This agreement applies to the commercial or registered/upgraded version of the SOFTWARE comprising workbook & related files and supporting documentation.
 
LICENSE GRANT. Invest-Tech Limited grants you a license to use ONE copy of the version of this SOFTWARE on any ONE hardware product for as many licenses as you purchase. "You" means the company, entity or individual whose funds are used to pay the license fee. "Use" means storing, loading, installing, executing or displaying the SOFTWARE. "Hardware product" means computer, network node, server etc. 

OWNERSHIP. The SOFTWARE is owned and copyrighted by Invest-Tech Limited. Your license confers no title or ownership in the SOFTWARE and should not be construed as a sale of any right in the SOFTWARE. This license is not transferable to any other hardware product or other company, entity, or individual.

COPYRIGHT. The SOFTWARE is protected by copyright law. You acknowledge that no title to the intellectual property in the SOFTWARE is transferred to you. You further acknowledge that title and full ownership rights to the SOFTWARE will remain the exclusive property of Invest-Tech Limited and you will not acquire any rights to the SOFTWARE except as expressly set forth in this license. You agree that any copies of the SOFTWARE will contain the same proprietary notices which appear on and in the SOFTWARE.

UNAUTHORIZED USE. You may not modify the SOFTWARE or disable any licensing or control features of the SOFTWARE except as an intended part of the SOFTWARE's programming features. You may not use, copy, rent, lease, sell, modify, decompile, disassemble, otherwise reverse engineer, or transfer the SOFTWARE except as provided in this agreement. Any such unauthorized use shall result in immediate and automatic termination of this license. Most specifically, the SOFTWARE's front worksheet and VBA routines must not be altered under any circumstances. The SOFTWARE can be copied by a registered user for backup purposes and for the purpose of creating additional sets of projections provided that all copies of the SOFTWARE remain on the same hardware product which contains the original supplied files. Multi-user licences are available from Invest-Tech Limited.

INSPECTION AND TESTING. You agree and acknowledge that you will thoroughly inspect and test the SOFTWARE for all of your purposes upon commencement of your use.

LIMITED WARRANTY. THIS SOFTWARE IS PROVIDED ON AN "AS IS" BASIS. INVEST-TECH LIMITED DISCLAIMS ALL WARRANTIES RELATING TO THIS SOFTWARE, WHETHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER INVEST-TECH LIMITED NOR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF THIS SOFTWARE SHALL BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE SUCH SOFTWARE, EVEN IF INVEST-TECH LIMITED HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIMS. THE PERSON USING THE SOFTWARE BEARS ALL RISK AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE. IN NO EVENT SHALL ANY THEORY OF LIABILITY EXCEED THE LICENSE FEE PAID TO INVEST-TECH LIMITED.

NO LIABILITY FOR CONSEQUENTIAL DAMAGES. IN NO EVENT SHALL INVEST-TECH LIMITED OR ITS SUPPLIERS BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL OR INDIRECT DAMAGES OF ANY KIND ARISING OUT OF THE DELIVERY, PERFORMANCE OR USE OF THE SOFTWARE, EVEN IF INVEST-TECH LIMITED HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL INVEST-TECH LIMITED'S LIABILITY FOR ANY CLAIM, WHETHER IN CONTRACT, TORT OR ANY OTHER THEORY OF LIABILITY, EXCEED THE LICENSE FEE PAID BY YOU, IF ANY.

SEVERABILITY. In the event of invalidity of any provision of this license, the parties agree that such invalidity shall not affect the validity of the remaining portions of this license.

GOVERNING LAW. This agreement shall be governed by the laws of the Republic of Ireland and any action or proceeding shall be brought only in a COURT located in the Republic of Ireland. This agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.

RESERVED RIGHTS. All rights not expressly granted here are reserved to Invest-Tech Limited.

ENTIRE AGREEMENT. This is the entire agreement between you and Invest-Tech Limited which supersedes any prior agreement or understanding, whether written or oral, relating to the subject matter of this license.

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2. Additional License Terms for Shareware Version
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SHAREWARE VERSION. These additional terms apply to the unregistered shareware version of the SOFTWARE. This "try-before-you-buy" version of the SOFTWARE is a shareware program and it is not "freeware", "public domain" software etc. Users are granted a licence to use the shareware version only under the terms and conditions specified in this entire agreement.

LIMITED USE. When you first obtain a copy of the unregistered shareware version of the SOFTWARE, you are granted an evaluation period of not more than 30 days, after which time you must register and pay for the SOFTWARE according to the terms and prices discussed in the SOFTWARE's documentation, or you must remove the SOFTWARE from your computer.  The terms of the entire License Agreement for the commercial/registered version apply to upgraded copies of the SOFTWARE.

SUPPORT. Unregistered copies of the SOFTWARE are unsupported. In return for registering/upgrading, a user will be entitled to receive a copy of the latest fully operational version of SOFTWARE with, optionally, its printed manual. In addition, a user gains access to support via mail, phone, fax or e-mail for three calendar months following confirmation of registration by Invest-Tech Limited. After this period, the provision of support will be at Invest-Tech Limited's discretion.

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3. Additional License Terms for Distribution of Shareware Version
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SHAREWARE DISTRIBUTION. These additional terms apply to distribution of the unregistered shareware version of the SOFTWARE.

DISTRIBUTION. The following may distribute the unregistered shareware version of the SOFTWARE without further permission provided they convey a complete and unaltered shareware version of the SOFTWARE and provided they make no claim to ownership of the SOFTWARE:

- Private individuals charging no fees.
- Members of Association of Shareware Professionals (ASP) and other shareware associations.
- Other bona fide shareware distributors and directories including FTP and WWW sites, BBSs, user groups, mail-order disk vendors, CD-ROM publishers, file-distribution networks etc.

BUNDLING. In no case may the SOFTWARE be bundled with hardware or other non-shareware software without prior written permission from Invest-Tech Limited.

VIRUSES. All distribution of the SOFTWARE is further restricted with regard to sources which also distribute virus source code and related virus construction/creation materials. It is unlawful to attach any virus to the SOFTWARE and the SOFTWARE may not be made available on any site, CD-ROM, or with any package which makes available or contains viruses, virus source code, virus construction programs, or virus creation material.

TRANSFERABILITY. Permission to distribute the SOFTWARE is not transferable, assignable, saleable, or franchisable. Each entity wishing to distribute the package must independently satisfy the terms of the distribution license.

REVOKATION. Invest-Tech Limited may revoke any distribution permissions granted here, by notifying you in writing.  All rights not expressly granted here are reserved to Invest-Tech.

VENDINFO.DIZ. Consult the VENDINFO.DIZ data record in the original distribution files for all distribution requirements. It is hereby incorporated by reference. Any distribution satisfying all the distribution requirements expressed in that text and data record is hereby authorized. In no case will the SOFTWARE be distributed without its VENDINFO.DIZ file. 

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4. Contact Details
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Contact details for the author of Exl-Plan are as follows:

Invest-Tech Limited
27 Ardmeen Park
Blackrock
Co Dublin
Ireland

Tel: +353-1-2834083
Fax: +353-1-2782391
E-mail: info@planware.org
Web: www.planware.org
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