Twin Peaks Software--Legal Agreement

Software Download - Confirmation

You have selected to download Twin Peaks Software's MFS 2.0 software pacakage for evaluation.

To compelete the download process, please read the following License Agreement. Once you have read the License Agreement, please accept or decline it.

Twin Peaks Software, INC.

MFS 2.0 LICENSE AGREEMENT

READ THE TERMS OF THIS AGREEMENT (THE "AGREEMENT") CAREFULLY BEFORE DOWNLOADING OR INSTALLING TWIN PEAKS SOFTWARE MFS 2.0. BY DOWNLOADING OR INSTALLING TWIN PEAKS SOFTWARE MFS 2.0, YOU AGREE TO THE TERMS OF THIS AGREEMENT. INDICATE YOUR ACCEPTANCE OF THESE TERMS BY SELECTING THE "I ACCEPT" BUTTON AT THE END OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, SELECT THE "I DECLINE" BUTTON AT THE END OF THIS AGREEMENT AND THE DOWNLOAD AND INSTALLATION PROCESS WILL NOT CONTINUE.

Recitals
A. Twin Peaks Software has developed the proprietary software Mirror File System including modifications, enhancements, improvements, updates, additions, derivative works, documentation and related material ("Software").


B. Licensee wishes to try the Software for evaluation purpose.

NOW, THEREFORE, in consideration of the mutual covenants and premises herein contained, the parties hereto agree as follows:

1. Twin Peaks Software grants to Licensee a 30 days trial, non-exclusive, non-transferable license to use the Software on a single computer at Licensee's business location solely for trial and evalution.

2. In consideration for receiving a copy of the Software for testing, Licensee agrees to serve as a "Trial Site" for the Software and will notify Twin Peaks Software of all problems and ideas for enhancements which come to Licensee's attention during the period of this Agreement.

3. Licensee agrees that Software is the sole property of Twin Peaks Software and includes valuable trade secrets of Twin Peaks Software. Licensee will not without the express written authorization of Twin Peaks Software:

(a) Copy, sell or market Software to any third party; or

(b) Publish or otherwise disclose information relating to performance of the Software or produced using Software to any third party; or

(c) Modify, reuse, disassemble, decompile, reverse engineer or otherwise translate Software or any portion thereof.

4. Software is provide "AS IS" without warranty of any kind. The entire risk arising out of the use or performance of Software remains with Licensee. In no event shall Twin Peaks Software or System be liable for any damage whatsoever arising out of the use of or inability to use Software, even if Twin Peaks Software or System has been advised of the possibility of such damages.

5. This License Agreement shall be governed, construed and enforced in accordance with the laws of the United States of America and of the State of California. Any notice required by this Agreement shall be given by prepaid, first class, certified mail, return receipt requested, addressed to:

		Twin Peaks Software:
		46732 Fremont Blvd.
		Fremont, California 94538


6. This Agreement constitutes the entire and only agreement between the parties for Software and all other prior negotiations, representations, agreements, and understandings are superseded hereby. No agreements altering or supplementing the terms hereof may be made except by means of a written document signed by the duly authorized representatives of the parties.

7. Licensee shall comply with all applicable federal, state and local laws, regulations, and ordinances in connection with its activities pursuant to this Agreement.

8. Failure of Twin Peaks Software to enforce a right under this Agreement shall not act as a waiver of that right or the ability to later assert that right relative to the particular situation involved.

9. If any provision of this Agreement shall be found by a court to be void, invalid or unenforceable, the same shall be reformed to comply with applicable law or stricken if not so conformable, so as not to affect the validity or enforceability of this Agreement.

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