PowerQuest(R) OEM End User License Agreement

IMPORTANT: Read this before using your copy of PowerQuest 
software.

This document is a legal agreement between you, the "OEM 
end user," and PowerQuest Corporation. Use of the software 
indicates your acceptance of these terms. As used in this 
License Agreement, the term "Software" means the PowerQuest 
software included on the media or hardware provided with 
this License Agreement.

1. PROPRIETARY RIGHTS. The Software is a proprietary product 
of PowerQuest Corporation ("PowerQuest") or its licensors and 
is protected under U.S. copyright laws and international 
treaty provisions. Ownership of the Software and all copies, 
modifications, and merged portions thereof shall at all times 
remain with PowerQuest or its licensors.

2. GRANT OF LICENSE. The Software is being licensed to you, 
which means you have the right to use the Software only in 
accordance with this License Agreement. The Software is only 
authorized for distribution together with specific products. 
The Software is considered in use on a computer when it is 
loaded into temporary memory or installed into permanent 
memory.

3. NONPERMITTED USES. Without the express permission of 
PowerQuest, you may not (a) use, copy, modify, alter, or 
transfer, electronically or otherwise, the Software or 
documentation except as expressly permitted in this License 
Agreement, or (b) translate, reverse program, disassemble, 
decompile, or otherwise reverse engineer the Software.

4. TECHNICAL SUPPORT. PowerQuest is NOT responsible to 
provide technical support.  Any and all technical support 
questions regarding the Software should be referred to the 
place of purchase.

5. U.S. GOVERNMENT RESTRICTED RIGHTS. If you are acquiring 
the Software on behalf of any unit or agency of the United 
States Government, the following provision applies: It is 
acknowledged that the Software and the documentation were 
developed at private expense and that no part is in the 
public domain and that the Software and documentation are 
provided with RESTRICTED RIGHTS. Use, duplication, or 
disclosure by the Government is subject to restrictions as 
set forth in subparagraph (c)(1)(ii) of the Rights in 
Technical Data and Computer Software clause at DFARS 
252.227-7013 or subparagraphs (c)(1) and (2) of the 
Commercial Computer Software-Restricted Rights at 
48 CFR 52.227-19, as applicable. Contractor/manufacturer 
is PowerQuest Corporation, P.O. Box 1911, Orem, UT 84059.

6. NO WARRANTY. The Software is being provided to you AS IS.  
PowerQuest does not warrant the Software to end users. If 
the Software fails to perform substantially in accordance 
with the documentation provided to your hardware supplier, 
PowerQuest will repair or replace the copy of the Software 
provided to your hardware supplier and will authorize your 
hardware supplier to provide such repaired or replaced 
Software to you without charge.

7. LIMITATION OF LIABILITY. NEITHER POWERQUEST NOR ITS 
SUPPLIERS SHALL IN ANY EVENT BE LIABLE FOR ANY DAMAGES 
WHATSOEVER ARISING OUT OF OR RELATED TO THE USE OF OR 
INABILITY TO USE THE SOFTWARE, INCLUDING BUT NOT LIMITED 
TO DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL 
DAMAGES, AND DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS 
INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY 
LOSS, EVEN IF POWERQUEST CORPORATION HAS BEEN ADVISED OF THE 
POSSIBILITY OF SUCH DAMAGES, WHETHER SUCH LIABILITY IS BASED 
ON CONTRACT, TORT, WARRANTY, OR ANY OTHER LEGAL OR EQUITABLE 
GROUNDS. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR 
LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL 
DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

8. NO WAIVER. Any failure by either party to this agreement 
to enforce a specific part of the agreement in a specific 
situation is not a waiver of rights under the agreement. The 
party may still enforce the rest of the agreement in that 
situation and may still enforce some or all of the agreement 
in other situations.

9. This License Agreement constitutes the entire agreement 
between you and PowerQuest pertaining to its subject matter. 
This License Agreement is governed by the laws of the State 
of Utah. Any litigation arising from this license will be 
pursued only in the state or federal courts located in the 
State of Utah. 

Should you have any questions concerning this Agreement, or 
if you desire to contact PowerQuest Corporation for any 
reason, please write: 

PowerQuest Corporation
P.O. Box 1911
Orem, UT 84059-1911
U.S.A.

Copyright 1994-2002 PowerQuest Corporation. All rights 
reserved. The Software may be protected by U.S. patents, 
with other patents pending in the U.S.A. and elsewhere. 
PowerQuest is a registered trademark of PowerQuest Corporation.