Version 1.5 - February 1, 2000



You are granted a limited non-exclusive license to use a copy of the enclosed software [FTS PRO] on the computer(s) used by a single individual. You may make one backup copy of the software for your own use. Making additional copies or duplicating the software by any other means including electronic transmission is illegal. It is also prohibited to give copies to another person. You may not copy the printed materials if any, accompanying the software, or print copies of any user documentation. You may not modify, adapt, translate, rent, sublicense, assign, loan, resell for profit, or network the software, disk(s), or related materials or create derivative works based upon the software or any part thereof. The only components you are permitted to distribute are FTSPRO.SBK and any index file [files with .FTS extensions] generated from FTSPRO.TBK.

Except as provided above, this software and any related services are provided "as-is," and to the maximum extent permitted by applicable law, D&D COMPUTER SERVICES disclaims all other representations and warranties, express or implied, regarding this software, disk(s), related materials and any services, including their fitness for a particular purpose, their quality, their merchantability, or their noninfringement. D&D COMPUTER SERVICES does not warrant that the software is free from bugs, viruses, errors, or other program. Some states do not allow the exclusion of implied warranties, so the above exclusions may not apply to you. In that event, any implied warranties are limited in duration to ninety (90) days from the date of purchase of the software. However, some states do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you. This warranty gives you specific legal rights, and you may have other rights as well, which vary from state to state.

The entire liability of D&D COMPUTER SERVICES for any reason shall be limited to the amount paid by the customer for the software purchased from D&D COMPUTER SERVICES or its authorized reseller. To the maximum extent permitted by applicable law, D&D COMPUTER SERVICES and its subsidiaries, affiliates, licensors, participating financial institutions, third-party content or service providers, distributors, dealers or suppliers ("representatives") are not liable for any indirect, special, incidental, or consequential damages (including, but not limited to: damages for loss of business, loss of profits or investment, or the like), whether based on breach of contract, breach of warranty, tort (including negligence), product liability or otherwise, even if D&D COMPUTER SERVICES or its representatives have been advised of the possibility of such damages, and even if a remedy set forth herein is found to have failed of its essential purpose, D&D COMPUTER SERVICES and its representatives' total liability to you for actual damages for any cause whatsoever will be limited to the amount paid by you for this software. Some states do not allow the limitation and/or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you.

The limitations of damages set forth above are fundamental elements of the basis of the bargain between D&D COMPUTER SERVICES and you. D&D COMPUTER SERVICES would not be able to have provided this product or services without such limitations.

This agreement sets forth D&D COMPUTER SERVICES' and its representatives' entire liability and your exclusive remedy with respect to the software. You acknowledge that this agreement is a complete statement of the agreement between you and D&D COMPUTER SERVICES, and that there are no other prior or contemporaneous understandings, promises, representations, or descriptions regarding the software or any related services. This agreement does not limit any rights that D&D COMPUTER SERVICES may have under trade secret, copyright, patent, trademark or other laws. The representatives of D&D COMPUTER SERVICES are not authorized to make modifications to this agreement, or to make any additional representations, commitments, or warranties binding on D&D COMPUTER SERVICES, other than in writing signed by an officer of D&D COMPUTER SERVICES. Accordingly, such additional statements are not binding on D&D COMPUTER SERVICES and you should not rely upon such statements. If any provision of this agreement is invalid or unenforceable under applicable law, then it is, to that extent, deemed omitted and the remaining provisions will continue in full force and effect. The validity and performance of this agreement shall be governed by Washington law (without reference to choice of law principles), except as to copyright and trademark matters, which are covered by federal laws.