Diligence Softworks Beta Product Agreement
Valid for all Diligence Applications available on the Internet
IMPORTANT READ CAREFULLY:
Diligence Encounter97 is a totally free product! You don't have to pay anything to use it. - 
But remember the following: The author is a 'poor' student and gets no revenues of his software. He wants to study in the United States which - as you might know - is rather expensive. So he'd really like to get some kind of assistance from users who really like the software and want it to be completed. Please send donations (all over 1$ is will be taken with pleasure) to the address below. 
Checks and cash money are welcome. Mail ulfw@hotmail.com if you'd like to help (or send money) on another way. 
Thank you so much for your assistance. 
Ulf Waschbusch, CDVLP Diligence Softworks

ULF WASCHBUSCH
Attn.: Diligence Encounter97 Donation
GERHART - HAUPTMANN - BOGEN 6
SAARLOUIS, 66740
GERMANY


1.	GRANT OF LICENSE.
(a) Diligence grants to Recipient a limited, non-exclusive, nontransferable, royalty-free license to use one copy of the executable code of the Product software on a single CPU. Recipient shall not rent, lease, sell, sublicense, assign, or otherwise transfer the Product, including any accompanying textual materials. Recipient may not reverse engineer, decompile or disassemble the Product except to the extent that this restriction is expressly prohibited by applicable law. Diligence Softworks and its suppliers shall retain title and all ownership rights to the Product. 
(b)	Recipient agrees to provide reasonable feedback to Diligence Softworks, including but not limited to usability, bug reports and test results, with respect to the Product testing. Recipient will use reasonable efforts to review and comment on all documentation supplied. 
2.	TERM OF AGREEMENT. 
The term of this Agreement shall commence on the Effective Date and shall continue until terminated by Diligence Softworks in writing at any time, with or without cause. This Agreement will terminate without notice upon the commercial release of the Product. 
3.	COST OF TESTING. 
There is no charge to Recipient for testing of the Product, although online Internet connection charges may apply to the Recipient for downloading the beta software and testing it. 
4.	PRODUCT MAINTENANCE. 
Diligence Softworks is not obligated to provide maintenance or updates to Recipient for the Product. However, any maintenance or updates provided by Diligence Softworks shall be covered by this Agreement. 
5. DISCLAIMER OF WARRANTY. 
Product is deemed accepted by Recipient. The Product constitutes pre-release code and may be changed substantially before commercial release. The PRODUCT is provided "AS IS" WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DILIGENCE SOFTWORKS FURTHER DISCLAIMS ALL WARRANTIES, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE PRODUCT AND DOCUMENTATION REMAINS WITH RECIPIENT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL DILIGENCE SOFTWORKS BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) ARISING OUT OF THIS AGREEMENT OR THE USE OF OR INABILITY TO USE THE PRODUCT, EVEN IF DILIGENCE SOFTWORKS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO RECIPIENT. 