xFunction for Windows 2.16

Excelsior Evaluation Software License Agreement

This License Agreement ("Agreement") is a legal agreement between you

(either an individual or a single entity) and Excelsior, LLC ("Excelsior")

for the Excelsior software product identified above, which includes computer

software, electronic documentation, and the associated printed materials

("Software"). By installing, copying or otherwise using the Software, you

Excelsior Evaluation Software License Agreement

This License Agreement ("Agreement") is a legal agreement between you

(either an individual or a single entity) and Excelsior, LLC ("Excelsior")

for the Excelsior software product identified above, which includes computer

software, electronic documentation, and the associated printed materials

("Software"). By installing, copying or otherwise using the Software, you

agree to be bound by the terms of this Agreement. If you do not agree to

the terms of this Agreement, you may not download or use the Software and

have to destroy all copies of the Software in your possession.

LICENSE GRANT

Excelsior hereby grants to you a non-exclusive, non-transferable license to

use the accompanying Software for the sole purposes of evaluation on the

following terms:

You may: a. use the Software on any single computer; b. use the Software

on a second computer as long as the first and second computers are not

used simultaneously; and c. copy the Software for backup purposes,

provided any copy must contain all of the original Software's proprietary

notices.

You may not: a. permit other individuals or entities to use the Software;

b. modify, translate, reverse engineer, decompile, disassemble (except to the

extent applicable laws specifically prohibit such restriction), or create

derivative works based on the Software; c. copy the Software (except for

back-up purposes); d. rent, lease, or otherwise transfer rights to the

Software; or e. remove any proprietary notices or labels on the Software.

The Software is in "use" on a computer when it is loaded into temporary

memory (i.e., RAM) or installed into permanent memory (e.g. hard disk, CD-

ROM) of that computer.

TITLE

Title, ownership rights, and intellectual property rights in and to the Software,

and any copies of the Software shall remain with Excelsior and/or its

suppliers. The Software is protected by the copyright laws of the Russian

Federation and international copyright treaties. Title, ownership rights, and

intellectual property rights in and to the content accessed through the

Software is the property of the applicable content owner and may be

protected by applicable copyright or other law. This License gives you no

rights to such content.

SERVICE AND SUPPORT

The service and support that Excelsior offers for the Software under this

Agreement are limited to the service or support, if any, that is freely available

on Excelsior's Web site.

TERMINATION

This license terminates automatically in 30 days after you begin your

evaluation use of the Software.

This license will also terminate automatically if you fail to comply with the

limitations described above. On termination, you must destroy all copies of

the Software.

NO WARRANTY

The Software is supplied on an "as is" basis, and you will bear all risks as to

quality and performance of the program. Without limiting the generality of the

foregoing, (i) you assume the entire cost of any service or repair and of any

damage resulting from the information contained in or compiled by the

Software, and (ii) you assume all responsibilities for selection of the Software

to achieve your intended results, and for the installation of, use of, and

results obtained from the Software.

EXCELSIOR MAKES NO OTHER EXPRESS WARRANTY AND NO

WARRANTY OF NO INFRINGEMENT OF THIRD PARTIES' RIGHTS. THE

DURATION OF IMPLIED WARRANTIES, INCLUDING WITHOUT

LIMITATION, WARRANTIES OF MERCHANTABILITY AND OF FITNESS

FOR A PARTICULAR PURPOSE, IS LIMITED TO THE ABOVE LIMITED

WARRANTY PERIOD; SOME COUNTRIES DO NOT ALLOW

LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO

LIMITATIONS MAY NOT APPLY TO YOU. NO EXCELSIOR DEALER,

AGENT, OR EMPLOYEE IS AUTHORIZED TO MAKE ANY

MODIFICATIONS, EXTENSIONS, OR ADDITIONS TO THIS WARRANTY.

THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU

MAY HAVE OTHER LEGAL RIGHTS THAT VARY FROM COUNTRY TO

COUNTRY OR BY JURISDICTION. LIMITATION OF LIABILITY. UNDER

NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT,

CONTRACT, OR OTHERWISE, SHALL EXCELSIOR OR ITS SUPPLIERS

OR RESELLERS BE LIABLE TO YOU OR ANY OTHER PERSON FOR

ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL

DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION,

DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER

FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL

DAMAGES OR LOSSES, OR FOR ANY DAMAGES IN EXCESS OF

EXCELSIOR'S LIST PRICE FOR A LICENSE TO THE SOFTWARE, IF

ANY, EVEN IF EXCELSIOR SHALL HAVE BEEN INFORMED OF THE

POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER

PARTY. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO

LIABILITY FOR DEATH OR PERSONAL INJURY TO THE EXTENT

APPLICABLE LAW PROHIBITS SUCH LIMITATION. FURTHERMORE,

SOME COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION

OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION

AND EXCLUSION MAY NOT APPLY TO YOU.

This Agreement is the entire Agreement between us and supersedes

any other communications, advertisements, or understandings with

respect to the Software.