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End User License Agreement
For E-Spec Software
Carefully read the following:
By installing the evaluation software option, you accept and agree with the following Nondisclosure Agreement.
By installing and applying a license to authorize use of this software, you accept and agree to the following License Agreement and Nondisclosure Agreement.
Nondisclosure Agreement
1. Purpose of Agreement: This Agreement is entered into for the purpose of authorizing Customer to receive from E-Spec, Inc. and evaluate certain proprietary computer software and documentation, hereafter referred to as ”the Software.”
2. Nonexclusive License: E-Spec, Inc. hereby grants Customer a nonexclusive license to install the Software and use the Software only for the purpose of evaluating the performance of the Software and not for a productive purpose. Customer shall acquire no other intellectual property rights under this Agreement.
3. Software a Trade Secret: Customer acknowledges that the Software is proprietary to, and a valuable trade secret of, E-Spec, Inc. and is entrusted to Customer only for the purposes set forth in this Agreement.
4. Nondisclosure: In consideration of E-Spec, Inc.'s disclosure of the Software to Customer, Customer shall treat the Software with the same degree of care and safeguards that it takes with Customer's own trade secrets, but in no event less than a reasonable degree of care. Customer agrees that it will not, without E-Spec, Inc.'s prior written consent:
 (a) reverse engineer, decompile or disassemble the Software or any portion of it;
 (b) copy any portion of the Software, except for backup purposes;
 (c) download the Software in a retrieval system or computer system of any kind except as authorized by this Agreement; or
 (d) disclose any portion of the Software to any third party.
Customer shall limit use of the Software to those employees, agents and consultants of Customer who are performing the evaluation for Customer.
The restrictions and obligations contained in this clause shall survive the expiration, termination or cancellation of this Agreement, and shall continue to bind Customer, its successors, heirs and assigns.
5. Return of Software and Materials: Customer shall promptly return the Software and all related materials to E-Spec, inc. and erase all copies and portions thereof from computer memory upon:
 (a) termination of this Agreement;
 (b) E-Spec, Inc.'s request; or
 (c) the Customer's decision not to purchase or license the Software.
6. Limitation of Liability: Customer understands and acknowledges that the Software is being provided to Customer only for the purpose of evaluating the performance of the Software and not for any productive purpose. Accordingly, E-Spec, Inc. shall not be responsible for any loss or damage to Customer or any third parties caused by Customer's use of the Software.
E-SPEC, INC. SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, WHETHER BASED ON CONTRACT OR TORT OR ANY OTHER LEGAL THEORY, ARISING OUT OF ANY USE OF THE SOFTWARE OR ANY PERFORMANCE OF THIS AGREEMENT.
8. Injunctive Relief: Customer recognizes and acknowledges that any breach or threatened breach of this Agreement by Customer may cause E-Spec, Inc. irreparable harm for which monetary damages may be inadequate. Customer agrees, therefore, that E-Spec, Inc. shall be entitled to an injunction to restrain Customer from such breach or threatened breach. Nothing in this Agreement shall be construed as preventing E-Spec, inc. from pursuing any remedy at law or in equity for any breach or threatened breach of this Agreement.
9. Entire Agreement: This Agreement contains the entire understanding and agreement of the parties relating to the subject matter hereof. Any representation, promise, or condition not explicitly set forth in this Agreement shall not be binding on either party.
10. Modifications: All additions or modifications to this Agreement must be made in writing and must be signed by both parties to be effective.
11. Applicable Law: This Agreement is made under, and shall be construed according to, the laws of the State of Texas.
License Agreement
Nonexclusive License: E-Spec, Inc. hereby grants Customer a nonexclusive license to install the Software on one workstation. The Software may be installed on test environments as required to support the production system. Customer shall acquire no other intellectual property rights under this Agreement. E-Spec, Inc. remains the owner of all right, title and interest in the Software.
Customer acknowledges agreement with above Nondisclosure Agreement as a condition of this Licensing Agreement.
The Software is provided ”AS IS”. E-Spec, Inc. disclaims any and all implied warranties or conditions, including any implied warranty of title, non-infringement, merchantability, or fitness for a particular purpose, regardless of whether E-Spec, Inc. knows or had reason to know of your particular needs. No employee, agent, dealer or distributor of ours is authorized to modify or make additional warranties. E-Spec, Inc.'s entire liability shall be at our option, to either; return the price you paid, or repair or replace the Software.
In no event will E-Spec, Inc. be liable for any damages, including any lost profits, lost savings, or other incidental or consequential damages arising from the use or the inability to use the Software, or for any claim by any other party. E-Spec, Inc. additionally disclaims all obligations and liabilities for damages, including but not limited to, special, indirect and consequential damages, attorney fees and court costs arising from or in connection with the use of the Software.
This license agreement takes effect upon your use of the software and remains effective until terminated. You may terminate it at any time by destroying all copies of the Software in your possession. It will also automatically terminate if you fail to comply with any term or condition of this license agreement or the included nondisclosure agreement. You agree on termination of this license to destroy all copies of the Software in your possession.
This license together with the nondisclosure agreement enclosed by reference is the sole and entire agreement between the parties. This agreement supersedes all prior understandings, agreements and documentation relating to such subject matter.
Modifications and amendments to this license agreement shall be enforceable only if they are in writing and are signed by authorized representatives of both parties.
This license will be governed by the laws of the State of Texas.

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