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DAYTools End User License Agreement

Dayton Progress

DAYTools design software is provided at no cost for commercial or personal use.

This copy of the software is licensed to you, the end user. Please read this agreement carefully.

BY INSTALLING AND/OR USING THIS SOFTWARE, YOU INDICATE YOUR ACCEPTANCE OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.

1) GRANT OF LICENSE

This End User License Agreement (EULA) grants you a perpetual, non-exclusive license to use the software solely for internal information management and data processing purposes subject to the following terms and conditions:

You may copy, backup, install and use the software on your own computer, network, or storage device. The EULA must accompany all copies of the software at all times. Distribution of the software in whole or in part (copying, renting, leasing, loaning, selling, transferring, uploading, exporting) to any other party without the prior written consent of Dayton Progress Corporation is a violation of this agreement and will result in the automatic termination of this agreement and damages.

2) DISCLAIMER/LIMITATION OF LIABILITY

The software is provided “AS IS” with all faults and without warranty of any kind, expressed or implied. Dayton Progress Corporation makes no warranties or representations regarding the accuracy or completeness of the information. Dayton Progress Corporation disclaims all implied warranties of merchantability and fitness for a particular purpose. Data and specifications produced by the software are subject to confirmation by Dayton Progress Corporation. Dayton Progress Corporation does not and cannot warrant the performance or results you may obtain by using the software.

In no event shall Dayton Progress Corporation be liable for any incidental, consequential, indirect, punitive or special damages, lost profits or savings, or lost data that may result from the use of the software even if a Dayton Progress Corporation representative has been advised of the possibility of such damages.

Some states or jurisdictions do not allow the exclusion or limitation of incidental, consequential or special damages, or the exclusion of implied warranties or limitations on how long an implied warranty may last, so the above limitations may not apply to you.

3) COPYRIGHT & TRADEMARK

Copyright © 2006 Dayton Progress Corporation

® JEKTOLE, TRUE POSITION, TRUE POSITION SHAPE and the TRUE POSITION BACKING PLUG DESIGN are registered trademarks of Dayton Progress Corporation.

™ MULTI-POSITION and all TRILITERAL DESIGNATORS are a trademark of Dayton Progress Corporation.

The software and any copies that you make are owned by Dayton Progress Corporation. The software’s structure, organization and code are the valuable trade secrets of Dayton Progress Corporation. The software is also protected by United States Copyright Law and International Treaty provisions. Any copies that you are permitted to make pursuant to this EULA must contain the same copyright and other proprietary notices that appear on or in the software. You agree not to modify, adapt, translate, reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the software.

If any part of this EULA is found void and unenforceable, it will not affect the validity of the balance of the EULA, which shall remain valid and enforceable according to its terms. This EULA may only be modified in writing signed by an authorized officer of Dayton Progress Corporation.

DAYTON PROGRESS CORPORATION
500 Progress Road
P.O. Box 39
Dayton, OH 45449-0039
(937) 859-5111 Phone
(937) 859-5353 Fax
www.daytonprogress.com