Software License and Limited Warranty

THIS LICENSE IS PROVIDED FREE OF CHARGE BY NEWTEK, INC. "AS IS", WITHOUT WARRANTY

PLEASE READ CAREFULLY BEFORE INSTALLING AND/OR USING THIS SOFTWARE AND/OR FILES. BY INSTALLING AND/OR USING THIS SOFTWARE AND/OR FILES, YOU AGREE TO BECOME BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, RETURN THIS PACKAGE TO THE PLACE WHERE YOU OBTAINED IT WITHIN 15 DAYS, AND/OR COMPLETELY DELETE ALL COPIES YOU MIGHT HAVE.

1. Grant of License
The enclosed computer program(s) (the "Software") is licensed, not sold, to you by NewTek, Inc. (NEWTEK) for use only under the terms of this License, and NEWTEK reserves any rights not expressly granted to you. You own the disk(s) on which the Software is recorded or fixed, but the Software and all copyright rights therein, foreign and domestic, is owned by NEWTEK or its suppliers and is protected by United States copyright laws and international treaty provisions.

The copyright restrictions of this license extend to any further updates, software patches, or bug fixes made available to you by NEWTEK, whether distributed by floppy disc, USB key, CD ROM, DVD ROM or in an electronic format via BBS, http download, ftp, email, etc.

The Software is protected by copyright law. As an express condition of this License, you must reproduce on the backup copy the NEWTEK copyright notice in the following format "(c) 1990 - 2013 NEWTEK"

You may permanently transfer all your rights under this License to another party by providing such party all copies of the Software licensed under this License together with a copy of this License and all written materials accompanying the Software, provided that the other party reads and agrees to accept the terms and conditions of this License.

2. Restrictions
The Software contains trade secrets in its human perceivable form and, to protect them, YOU MAY NOT REVERSE ENGINEER, DECOMPILE, DISASSEMBLE, OTHERWISE REDUCE THE SOFTWARE TO ANY HUMAN PERCEIVABLE FORM. YOU MAY NOT MODIFY, ADAPT, TRANSLATE, OR CREATE ANY MODIFICATIONS OR OTHER  DERIVATIVE WORKS BASED UPON THE SOFTWARE OR ANY PART THEREOF.

3. Termination
This License is effective until terminated. This License will terminate immediately without notice from NEWTEK or judicial resolution if you fail to comply with any provision of this License. Upon such termination you must destroy the Software, all accompanying written materials and all copies thereof. You may also terminate this License at any time by destroying the Software, all accompanying written materials and all copies thereof.

4. Export Law Assurances
You agree that neither the Software nor any direct product thereof is being or will be shipped, transferred or re-exported, directly or indirectly, into any country prohibited by the United States Export Administration Act and the regulations thereunder or will be used for any purpose prohibited by the Act.

5. No Warranty, 'AS IS", Disclaimer, Limitation of Remedies and Damages. YOU ACKNOWLEDGE THAT THE SOFTWARE MAY NOT SATISFY ALL YOUR REQUIREMENTS OR BE FREE FROM DEFECTS. THE SOFTWARE AND ACCOMPANYING WRITTEN MATERIALS ARE LICENSED "AS IS." ALL IMPLIED WARRANTIES AND CONDITIONS (INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND WARRANTIES OF TITLE OR WARRANTIES AGAINST INFRINGEMENT) ARE DISCLAIMED. YOUR EXCLUSIVE REMEDY FOR BREACH OF WARRANTY WILL BE THE REPLACEMENT OF THE MEDIA OR REFUND OF THE PURCHASE PRICE. IN NO EVENT WILL NEWTEK OR ITS DEVELOPERS, DIRECTORS, OFFICERS, EMPLOYEES OR AFFILIATES BE LIABLE TO YOU FOR ANY DIRECT, CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, AND THE LIKE), WHETHER FORESEEABLE OR UNFORESEEABLE, ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE OR ACCOMPANYING WRITTEN MATERIALS, REGARDLESS OF THE BASIS OF THE CLAIM AND EVEN IF NEWTEK OR AN AUTHORIZED NEWTEK REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

The above limitations will not apply in case of personal injury only where and to the extent that applicable law requires such liability. Because some jurisdictions do not allow the exclusion or limitation of implied warranties or liability for consequential or incidental damages, the above limitations may not apply to you.

6. General
This License will be construed under the laws of the State of Texas, except for that body of law dealing with conflicts of law. If any provision of this License shall be held by a court of competent jurisdiction to be contrary to law, that provision will be enforced to the maximum extent permissible and the remaining provisions of this License will remain in full force and effect. 

7. Trademarks
TriCaster is a trademark of NEWTEK.  All other brand names, product names, or trademarks belong to their respective holders.

8. US Government Restricted Provision
If this Software was acquired by or on behalf of a unit or agency of the United States Government this provision applies. This Software:

(a) Was developed at private expense, and no part of it was developed with government funds,

(b) Is a trade secret of NEWTEK for all purposes of the Freedom of Information Act,

(c) Is "commercial computer software" subject to limited utilization as provided in the contract between the vendor and the government entity, and

(d) In all respects is proprietary data belonging solely to NEWTEK.

For units of the Department of Defense (DoD), this Software is sold only with "Restricted Rights" as that term is defined in the DoD Supplement to the Federal Acquisition Regulations, 52.227-7013 (c) (1) (ii).

Use, duplication or disclosure is subject to restrictions as set forth in subdivision (c) (l) (ii) of the Rights in Technical Data and Computer Software clause at 52.227-7013. Manufacturer: NEWTEK, 5131 Beckwith Boulevard, San Antonio, TX 78249.

If this Software was acquired under a GSA Schedule, the US Government has agreed to refrain from changing or removing any insignia or lettering from the software or the accompanying written materials that are provided or from producing copies of manuals or disks (except one copy for backup purposes) and:

(e) Title to and ownership of this Software and documentation and any reproductions thereof shall remain with NEWTEK,

(f) Use of this Software and documentation shall be limited to the facility for which it is required, and,

(g) If use of the Software is discontinued to the installation specified in the purchase/delivery order and the US Government desires to use it at another location, it may do so by giving prior written notice to NEWTEK, specifying the type of computer and new location site. US Governmental personnel using this Software, other than under a DoD contract or GSA Schedule, are hereby on notice that use of this Software is subject to restrictions which are the same as or similar to those specified.


