Mergic Ping End User License Agreement

Please read this license agreement (called the "Agreement")
carefully. By using all or any portion of the software or any
related documentation (called the "Software") you accept all the
terms and conditions of this Agreement. If you do not agree to
these terms and conditions, do not install or use the Software.

1. Software License. As long as you comply with the terms of this
Agreement, Mergic grants to you a non-exclusive, non-transferable
license to install and use the Software. You are not permitted to
(a) make modifications to any portion of the Software; (b) merge
the Software into another program or product; (c) decompile,
reverse engineer, disassemble, or otherwise reduce the Software
to a human-perceivable form; (d) rent, lease, loan, distribute or
create derivative works based in whole, or in part, upon the
Software; (e) copy the Software, except for backup purposes.

2. Intellectual Property Rights. All intellectual property rights
in the Software are owned by Mergic and are protected by United
States copyright laws and international treaty provisions. Mergic
retains all rights not expressly granted. 

3. Warranty Disclaimer and Limitation of Liability. The Software
is provided "AS IS" without warranty of any kind. Mergic hereby
expressly disclaims all warranties or conditions, either express
or implied, including, but not limited to, the implied warranties
or conditions of merchantability and fitness for a particular
purpose. You are solely responsible for determining the
appropriateness of using the Software and assume all risks
associated with the use of the Software, including but not
limited to the risks of program errors, damage to or loss of
data, programs or equipment, and unavailability or interruption
of operations. 

Mergic will not be liable for any direct damages or for any
special, incidental, or indirect damages or for any economic
consequential damages (including lost profits or savings), even
if Mergic has been advised of the possibility of such damages.
Mergic will not be liable for the loss of, or damage to, your
records or data, or any damages claimed by you based on a third
party claim. 

4. Export Regulations. This Software Package may be subject to
U.S. export control laws, and may be subject to export or import
control laws of other countries. You agree to comply strictly
with all relevant laws and regulations.

5. License Rights. You hereby grant to Mergic an irrevocable
license under all intellectual property rights (including
copyright) to use, copy, distribute, sublicense, display, perform
and prepare derivative works based upon any feedback, including
materials, fixes, error corrections, enhancements, suggestions
and the like that you provide to Mergic.

6. Controlling Law. This license shall be governed by and
construed in accordance with the laws of the state of Washington.
The respective courts of King County, shall have jurisdiction
over all disputes relating to this Agreement.

7. General Provision. This is the complete and exclusive
agreement between you and Mergic relating to the Software and it
supersedes any prior agreement, both oral or written, and any
other communications between us relating to the Software. 
