Eluent Software End-User License Agreement

NOTICE TO USERS: Carefully read the following
End-User License Agreement ("EULA"). This EULA is
a legal agreement between you and Eluent Software,
L.L.C. concerning the Eluent Tools software
product (the "SOFTWARE"). Use of the SOFTWARE
constitutes your acceptance of these terms. If you
do not agree to the terms of this EULA, do not
install and/or use the SOFTWARE. User's use of the
SOFTWARE is conditioned upon compliance by user
with the terms of this EULA. Unless otherwise
specified, the "SOFTWARE" refers to both the
"Trial Version" and the "Registered Version" of
the SOFTWARE.

1. LICENSE GRANT. Eluent Software, L.L.C. grants
you a license to use one copy of the "Registered
Version" of the 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 "Registered Version" of the
SOFTWARE. Each single-user license purchased
converts one copy of the "Trial Version" of the
SOFTWARE into the "Registered Version". A
multi-user license purchased for N users converts
N copies of the "Trial Version" of the SOFTWARE to
the "Registered Version". If the SOFTWARE is
stored or installed on a network server or other
storage device, you must have a license for each
computer that uses the SOFTWARE from that device.

The "Trial Version" of the SOFTWARE is licensed to
you for evaluation purposes for a period of not
more than 30 days, after which, you must purchase
as many licenses as are necessary to convert each
copy of the "Trial Version" that you are using
into the "Registered Version", or you must remove
the SOFTWARE from your computer(s). Continued use
of the "Trial Version" of the SOFTWARE following
this evaluation period is in violation of U.S. and
international copyright laws.

You may not modify the SOFTWARE or disable any
licensing or control features of the SOFTWARE,
except that you may enter the "Registration Code"
provided to you by Eluent Software upon receipt of
your license fee to convert the "Trial Version"
into the "Registered Version" of the SOFTWARE.

2. OWNERSHIP. The SOFTWARE is owned and
copyrighted by Eluent Software, L.L.C. This EULA
confers no title or ownership in the SOFTWARE and
should not be construed as a sale of any right in
the SOFTWARE. The SOFTWARE is protected by United
States copyright law and international treaty
provisions. 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 Eluent
Software, L.L.C. and you will not acquire any
rights to the SOFTWARE except as expressly set
forth in this EULA.

3. OTHER RESTRICTIONS. You may not use, copy,
rent, lease, lend, sell, modify, decompile,
disassemble, otherwise reverse engineer, or
transfer the SOFTWARE except as provided in this
EULA. The initial licensee of the SOFTWARE may
transfer this EULA and the "Registered Version" of
the SOFTWARE on a one-time, permanent basis
directly to an end-user, provided he retains no
copies, and the recipient agrees to the terms of
this EULA. A multi-user license for the
"Registered Version" of the SOFTWARE constitutes
an indivisible license, which cannot be divided
into "individual licenses" for the purpose of
transfer or any other purpose.

4. DISTRIBUTION. The "Trial Version" of the
SOFTWARE is delivered in a single package
typically called ELTOOLS.ZIP. You may make as many
copies of this package as you want and distribute
the UNMODIFIED copies to anyone, through
electronic means such as the Internet, online
services, and BBS's, or by inclusion on removable
media such as CDROM or floppy disk. You must not
represent that you are selling the SOFTWARE or
collecting license fees for the SOFTWARE. In no
case may the "Trial Version" of the SOFTWARE be
bundled with hardware or non-shareware software
without written permission from Eluent Software,
L.L.C., PO Box 77755, Baton Rouge, LA 70879-7755.

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

Distribution of the "Registered Version" of the
SOFTWARE is forbidden. Distribution of
"Registration Codes" is forbidden.

5. SEPARATION OF COMPONENTS. The SOFTWARE is
licensed as a single product, and this EULA
applies to the product as a whole. The file
ELGREP.EXE is included in the SOFTWARE under terms
of the GNU General Public License, v. 2. The files
ELPERL.EXE, ELPERL.DLL, and PERLCRT.DLL are
included in the SOFTWARE under terms of the Perl
Artistic License. These licenses apply to these
four files and these files alone ("FREE
COMPONENTS"), and you may distribute the FREE
COMPONENTS separately from the SOFTWARE under the
terms of their respective licenses. Other files
included in the SOFTWARE may not be distributed
separately from the SOFTWARE. Section (4) of this
EULA defines the distribution rights for the
SOFTWARE. Any rights granted to you for the FREE
COMPONENTS by their licenses confer no additional
rights to the SOFTWARE.

6. U.S. GOVERNMENT RIGHTS. The SOFTWARE is deemed
to be "commercial computer software" and
"commercial computer software documentation"
pursuant to DFAR Section 227.7202 and FAR 12.212,
as applicable. Any use, modification,
reproduction, release, performance, display or
disclosure of the SOFTWARE by the U.S. Government
or any of its agencies shall be governed solely by
the terms of this EULA and shall be prohibited
except to the extent expressly permitted by the
terms of this EULA.

7. LIMITED WARRANTY. THIS SOFTWARE IS PROVIDED ON
AN "AS IS" BASIS. ELUENT SOFTWARE, L.L.C.
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 ELUENT 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 ELUENT 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. SOME
JURISDICTIONS DO NOT ALLOW LIMITATION OR EXCLUSION
OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE
ABOVE LIMITATIONS OR EXCLUSION MAY NOT APPLY TO
YOU TO THE EXTENT THAT LIABILITY IS BY LAW
INCAPABLE OF EXCLUSION OR RESTRICTION. IN NO EVENT
SHALL ANY THEORY OF LIABILITY EXCEED THE LICENSE
FEE PAID TO ELUENT. 

8. LIABILITY STATEMENT. NO LIABILITY FOR
CONSEQUENTIAL DAMAGES. IN NO EVENT SHALL ELUENT
SOFTWARE, L.L.C. 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 ELUENT HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES. IN NO EVENT WILL ELUENT'S LIABILITY
FOR ANY CLAIM, WHETHER IN CONTRACT, TORT OR ANY
OTHER THEORY OF LIABILITY, EXCEED THE LICENSE FEE
PAID BY YOU, IF ANY.	

9. 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.	

10. GOVERNING LAW. This agreement shall be
governed by the laws of the State of Louisiana
excluding the application of its conflicts of law
rules and shall inure to the benefit of Eluent and
any successors, administrators, heirs and assigns.
Any action or proceeding brought by either party
against the other arising out of or related to
this agreement shall be brought only in a STATE or
FEDERAL COURT of competent jurisdiction located in
East Baton Rouge Parish, Louisiana. The parties
hereby consent to in personam jurisdiction of said
courts. 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.

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

12. RESERVED RIGHTS. All rights not expressly
granted here are reserved to Eluent.
