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CoffeeCup Software Trial Software Distribution Agreement

IMPORTANT-READ CAREFULLY: This Trial Software Distribution Agreement ("TSDA") is a legal agreement between you (either an individual or a single entity) and CoffeeCup Software, Inc. for all CoffeeCup Software software products, which includes computer software and may include associated media, printed materials, and "online" or electronic documentation ("Product").

YOU AGREE TO BE BOUND BY THE TERMS OF THIS TRIAL SOFTWARE DISTRIBUTION AGREEMENT, AND THE PRODUCTS END USER LICENSE AGREEMENT BY DISTRIBUTING, COPYING, OR OTHERWISE USING THE PRODUCT.

1. GRANT OF LICENSE.
CoffeeCup Software, Inc. grants you the following rights provided that you comply with all terms and conditions of this TSDA:

a) Installation and use: You may install and use the Product according to the terms of the CoffeeCup Software TSDA included with the Product.

b) Storage: You may store the Product installer in either .EXE or .ZIP format on your servers for the sole purpose of distribution as outlined in this agreement.

c) Reservation of Rights. CoffeeCup Software, Inc. reserves all rights not expressly granted to you in this TSDA.

2. SCOPE OF DISTRIBUTION:
You may distribute the trial or "shareware" versions of the Product via Website, Magazine, Book, or CD with no further permission from CoffeeCup Software. Any other methods of distribution must be approved in writing. You must not distribut eht Product under any other name or representation.

3. TERMINATION
Without prejudice to any other rights, CoffeeCup Software, Inc. may cancel this TSDA if you do not abide by the terms and conditions of this TSDA, in which case you must destroy all copies of the Product and all of its component parts.

4. CONSENT TO USE OF DATA
You agree that CoffeeCup Software, Inc. and its affiliates may collect and use technical information you provide as a part of support services related to the Product. CoffeeCup Software, Inc. agrees not to use this information in a form that personally identifies you.

5. LIMITATION OF LIABILITY AND REMEDIES
Notwithstanding any damages that you might incur for any reason whatsoever (including, without limitation, all damages referenced above and all direct or general damages), the entire liability of CoffeeCup Software, Inc. and any of its suppliers under any provision of this TSDA and your exclusive remedy for all of the foregoing (except for any remedy of repair or replacement elected by CoffeeCup Software, Inc. with respect to any breach of the Limited Warranty) shall be limited to the greater of the amount actually paid by you for the Product or U.S.$5.00. The foregoing limitations, exclusions and disclaimers (including Sections 11, 12 and 13 above) shall apply to the maximum extent permitted by applicable law, even if any remedy fails its essential purpose.

6. APPLICABLE LAW
If you acquired this Product in the United States, this TSDA is governed by the laws of the State of Texas.

7. ENTIRE AGREEMENT
This TSDA (including any addendum or amendment to this TSDA which is included with the Product) are the entire agreement between you and CoffeeCup Software, Inc. relating to the Product and the support services (if any) and they supersede all prior or contemporaneous oral or written communications, proposals and representations with respect to the Product or any other subject matter covered by this TSDA. To the extent the terms of any CoffeeCup Software, Inc. policies or programs for support services conflict with the terms of this TSDA, the terms of this TSDA shall control.

8. COPYRIGHT AND INTELLECTUAL PROPERTY
The Product is protected by copyright and other intellectual property laws and treaties. CoffeeCup Software, Inc. or its suppliers own the title, copyright, and other intellectual property rights in the Product. The Product is licensed, not sold.