LICENSE AGREEMENT FOR DOWNLOADMASTER™

Please read the following Agreement carefully.

This Agreement has 3 parts. Part I applies if you are evaluating DownloadMaster ("SOFTWARE"). Part II applies if you have purchased a license to the SOFTWARE. Part III applies to all license grants.

If you initially acquired an evaluation copy of the SOFTWARE and you wish to purchase a license, contact Cogin Software ("Cogin") on the Internet at http://www.cogin.com.

PART I - TERMS APPLICABLE WHEN EVALUATING DOWNLOADMASTER

GRANT OF LICENSE.

Cogin grants you a limited, non-exclusive, nontransferable license to install and use SOFTWARE for evaluation purpose only. After 30 days you have to purchase a license or remove SOFTWARE from your computer.
Cogin grants you a limited, non-exclusive, nontransferable license to use 5 DownloadMaster Clients through World Wide Web pages that include the DownloadMaster Client applets.
All other rights are reserved to Cogin.

DISCLAIMER OF WARRANTY.

Evaluation SOFTWARE is provided on an "AS IS" basis, without warranty of any kind, including without limitation the warranties of merchantability, fitness for a particular purpose and non-infringement. The entire risk as to the quality and performance of the SOFTWARE is borne by you. Should the SOFTWARE prove defective, you and not Cogin assume the entire cost of any service and repair. In addition, the security mechanisms implemented by Cogin have inherent limitations, and you must determine that the SOFTWARE sufficiently meets your requirements. This disclaimer of warranty constitutes an essential part of the agreement. SOME JURISDICTIONS DO NOT ALLOW EXCLUSIONS OF AN IMPLIED WARRANTY, SO THIS DISCLAIMER MAY NOT APPLY TO YOU AND YOU MAY HAVE OTHER LEGAL RIGHTS THAT VARY BY JURISDICTION.

PART II - TERMS APPLICABLE WHEN LICENSE FEES PAID

GRANT OF LICENSE.

Cogin grants you a limited, non-exclusive, nontransferable license to use one copy of the executable code of the DownloadMaster Server software on a single computer.
Cogin grants you a limited, non-exclusive, nontransferable license to distribute licensed number of DownloadMaster Clients through World Wide Web pages that include the DownloadMaster Client applets.
All other rights are reserved to Cogin.

LIMITED WARRANTY.

Cogin warrants that for a period of ninety (90) days from the date of acquisition, the SOFTWARE, if operated as directed, will substantially achieve the functionality described in the Documentation. Cogin does not warrant, however, that your use of the SOFTWARE will be uninterrupted or that the operation of the SOFTWARE will be error-free or secure. In addition, the security mechanisms implemented by Cogin have inherent limitations, and you must determine that the SOFTWARE sufficiently meets your requirements. Cogin also warrants that the media containing the SOFTWARE, if provided by Cogin, is free from defects in material and workmanship and will so remain for ninety (90) days from the date you acquired the SOFTWARE. Cogin's sole liability for any breach of this warranty shall be, in Cogin's sole discretion: (i) to replace your defective media; or (ii) to advise you how to achieve substantially the same functionality with the SOFTWARE as described in the Documentation through a procedure different from that set forth in the Documentation; or (iii) if the above remedies are impracticable, to refund the license fee you paid for the SOFTWARE. Repaired, corrected, or replaced SOFTWARE and Documentation shall be covered by this limited warranty for the period remaining under the warranty that covered the original SOFTWARE, or if longer, for thirty (30) days after the date (a) of shipment to you of the repaired or replaced SOFTWARE, or (b) Cogin advised you how to operate the SOFTWARE so as to achieve the functionality described in the Documentation. Only if you inform Cogin of your problem with the SOFTWARE during the applicable warranty period and provide evidence of the date you purchased a license to the SOFTWARE will Cogin be obligated to honor this warranty. Cogin will use reasonable commercial efforts to repair, replace, advise or, for individual consumers, refund pursuant to the foregoing warranty within 30 days of being so notified.

THIS IS A LIMITED WARRANTY AND IT IS THE ONLY WARRANTY MADE BY COGIN. COGIN MAKES NO OTHER EXPRESS WARRANTY AND NO WARRANTY OF NONINFRINGEMENT OF THIRD PARTIES' RIGHTS. THE DURATION OF IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND OF FITNESS FOR A PARTICULAR PURPOSE, IS LIMITED TO THE ABOVE LIMITED WARRANTY PERIOD; SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO LIMITATIONS MAY NOT APPLY TO YOU. NO COGIN DEALER, AGENT, OR EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS, OR ADDITIONS TO THIS WARRANTY. If any modifications are made to the SOFTWARE by you during the warranty period; if the media is subjected to accident, abuse, or improper use; or if you violate the terms of this Agreement, then this warranty shall immediately be terminated. This warranty shall not apply if the SOFTWARE is used on or in conjunction with hardware or SOFTWARE other than the unmodified version of hardware and SOFTWARE with which the SOFTWARE was designed to be used as described in the Documentation. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER LEGAL RIGHTS THAT VARY BY JURISDICTION.

PART III - TERMS APPLICABLE TO ALL LICENSE GRANTS

You may not reverse engineer, decompile or disassemble the SOFTWARE. Cogin and its suppliers shall retain title and all ownership rights to the SOFTWARE.

LIMITATION OF LIABILITY.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL COGIN OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE PRODUCT OR THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IF COGIN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, COGIN'S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS LICENSE AGREEMENT SHALL BE LIMITED TO THE GREATER OF THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE PRODUCT OR U.S.$5.00. BECAUSE SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

TRADEMARKS:

DownloadMaster is trademark of Cogin Software.
Java is a trademark of Sun Microsystems, Inc.
DownloadMaster uses HTTPClient library by Ronald Tschalaer, which is available under GNU Library General Public License. You can find it at: http://www.innovation.ch/java/HTTPClient/
All other product and company names mentioned herein are the trademarks or service marks of their respective owners.