END USER LICENSE AGREEMENT Please read this agreement before continuing. CDC-X is Copyright 1995-present (c) Dwyco, Inc., All rights reserved. This distribution of CDC-X is Freeware. You are welcome to use it for as long as you like. There is no expiration on the software. If your usage of the system is consistent with typical usage patterns of users that employ the software as a chat site, you will probably never be asked to pay for the Dwyco service. If you use the system as something other than a "chat" site, you may be asked to pay for a subscription to the Dwyco service. In addition, there may be several "Advanced features" in any given version of CDC-X that are enabled during a trial period (usually several weeks). You must buy a subscription to use them after the trial period. Currently, there are no "pay features", all features are available to all users for free. After the trial period, CDC-X remains completely functional except for these features. Note: for the Linux version of the software, the advanced features are provided for free. However, we encourage Linux users to buy subscriptions to help support further development of CDC-X for Linux. Instructions for buying a subscription to the Dwyco service are available by clicking Help|How to buy a subscription... or clicking on the credit-card button on the toolbar after starting the program. You MAY make copies of the program for your personal or friends' use, upload it to Web sites, post it to newsgroups, or distribute it through other channels as long as no direct fee is charged for the software. No part of this license shall imply that copies of CDC-X can be redistributed or remarketed with other products without the prior written consent of Dwyco, Inc. IN ANY CASE, NO MATTER WHAT THE DISTRIBUTION MEDIA, THE DISTRIBUTION FILE MUST NOT BE MODIFIED IN ANY WAY. The name of the distribution file is: * Windows: cdcxdwy.exe * Linux: cdcx-linux-.sh * MacOS: CDC-X.dmg If you'd like to distribute the software in a compilation please drop us a line at: Dwyco, Inc. email: cdchelp@dwyco.com We're mainly concerned with getting you the latest and greatest version of the program. You can also visit http://www.dwyco.com, where the latest software (or pointers to it) can be obtained. By proceeding to run CDC-X, hereinafter referred to as "Program", you signify your acceptance of this license agreement. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, you may not use, copy, modify or transfer this program or any part thereof, and you may not transfer any rights granted hereby. If you do not agree with the terms, you must remove this software program from your computer systems. A. You agree: 1. That Dwyco, Inc. retains all rights and title to the Program; 2. Not to try to list or reconstruct, by any means, the source code of the Program; 3. Not to add, remove or change any part of the Program, including, but not limited to, product identification or notices from the Program or any support material; 4. To prevent others from violating the terms listed above. B. In addition, here is some standard protective language: 1. Termination. This license shall be automatically terminated upon breech of any term of this Agreement by you. Upon termination, you must immediately destroy all of your copies of the Program. All of your obligations and the rights of Dwyco, Inc. hereunder shall survive termination. 2. Limitation on Liability; Exclusive Remedy. DWYCO, INC. IS NOT RESPONSIBLE FOR LOSS OR INACCURACY OF DATA, OR FOR ANY INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUES AND LOSS OF PROFITS. ANY LIABILITY OF DWYCO, INC. UNDER ANY LEGAL THEORY WHATSOEVER WILL BE LIMITED TO PRODUCT REPLACEMENT OR IF UNENFORCEABLE, TO REFUND OF THE LICENSE FEE. 3. General. Due to the unique nature of the Program and the competitive advantage it gives Dwyco, Inc., there can be no adequate remedy at law for any breach of your obligations hereunder and upon any such breach or any threat thereof, Dwyco, Inc. shall be entitled to appropriate equitable relief in addition to whatever other remedies it might be entitled. This Agreement is a complete and exclusive statement of the agreement between you and Dwyco, Inc. concerning the Program that supersedes all representations, proposals or prior agreements, oral or written. This Agreement can only be modified by a duly executed writing. This Agreement shall be governed by and construed in accordance with the laws of the State of Colorado, without regard to any conflict of laws provision thereof. The prevailing party in any legal action brought to enforce this Agreement shall be entitled to legal fees and costs. No delay or failure to exercise any right hereunder shall be deemed to be a waiver thereof and any waiver of any right or condition shall not apply to any other time or right. The exclusive jurisdiction and venue of any action with respect to this agreement shall be the Superior Court of Colorado for the County of Boulder or the United States District Court for the State of Colorado, and each of the parties hereto submits itself to the exclusive jurisdiction and venue of such courts for the purpose of any such action. 4. Warranty. Software programs, however embodied, are provided "AS IS" and Dwyco, Inc. makes no warranty or representation, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and noninfringement. With respect to any software, its quality, performance, merchantability, or fitness for any particular purpose, you bear the entire risk as to quality and performance. Should the software programs prove defective following purchase you assume the entire cost of all necessary servicing or repair. Federal law provides severe civil and criminal penalties for the unauthorized reproduction or distribution of copyrighted computer software programs. No copyright notice shall be deemed to imply that the Program has been placed in the public domain.