Before downloading your Beta copy of Fractal Design Expression, you must 
read and agree to the provisions in the following Fractal Design License 
Agreement.

This is a contract. By downloading the Expression beta files, you accept 
the terms and conditions of this agreement.

THIS LICENSE AGREEMENT IS A LEGAL AGREEMENT BETWEEN YOU, THE END USER, 
AND FRACTAL DESIGN CORPORATION. IT IS A LICENSE AGREEMENT AND NOT AN 
AGREEMENT FOR SALE. PLEASE READ THIS LICENSE AGREEMENT CAREFULLY.

This Fractal Design Corp User License Agreement for Beta Software 
accompanies an unreleased version of Fractal Design Expression 
software. The term "Software" shall also include any upgrades, 
modified versions or updates of the Software licensed to you by 
Fractal. This copy of the Software is licensed to you as the end 
user. Please read this Agreement carefully. 

Fractal Design Corp grants to you a nonexclusive license to use the 
Software for evaluation and trial use purposes only, provided that you 
agree to the following:
 
Fractal Design Corp makes no warranty regarding this software. You 
acknowledge that the Software is a pre-release version, does not 
represent final product from Fractal, and may contain bugs, errors 
and other problems that could cause system failures. Consequently, 
the Software is provided to you "AS IS", and Fractal disclaims any 
warranty or liability obligations to you of any kind. Accordingly, 
you acknowledge that any research or development that you perform 
regarding the Software or any product associated with the Software 
is done entirely at your own risk.

1) License 

This software can only be used on a single computer at any one time. 
This means that the software should be loaded on only one hard drive 
at a time. If you wish to use this software on more than one computer, 
you must either erase the software from the first hard drive when you 
move the software to a second hard drive, or else purchase two copies 
of the software. You may not under any circumstances have this program 
loaded onto the hard drives of two or more computers at the same time. 
You also may not copy this software onto a hard drive and then use the 
disks on another computer. The software may be executed from a common 
disk shared by multiple computers provided that one authorized copy of 
the software has been licensed for each computer executing the software.

2) Copyright 

This software is owned by Fractal Design and is protected by United 
States copyright laws and international treaty. By law, you, the end 
user, may do the following:

a) make a copy of the software solely for backup or archival purposes; or
b) transfer the software to a single hard disk, provided you keep the 
   original solely for backup or archival purposes.

United States copyright laws prohibits you from making any other copy 
of the software for any reason without our permission. These federal 
copyright laws also prohibit you from copying the written materials 
accompanying the software without first obtaining our permission. 

3) Restrictions 

You may not rent, lend, lease, or assign this software. You may, 
however, transfer the software and the accompanying written materials 
on a permanent basis. When you transfer the software on a permanent 
basis, you may not keep any copies, and you must remove the software 
from your hard disk. Also, the person to whom you transfer the software 
must agree to the terms of this License.

You may not alter, modify or adapt the software or accompanying materials. In addition, you may not translate, decompile, disassemble or reverse engineer the software. You also may not create any derivative works based on this software. A derivative work is defined as a translation or other form in which the software may be recast, transformed or adapted.

4) Warranties

Fractal Design Corporation makes no other warranty or representation, 
either express or implied, with respect to this software, the disks or 
documentation, including their quality, merchantability, or fitness for 
a particular purpose. In no event will Fractal Design Corporation be 
liable for direct, indirect, special, incidental, or consequential 
damages arising out of the use or inability to use the software or 
documentation, even if Fractal Design Corporation has been advised of 
the possibility of such damages.

The warranties and remedies set forth above are exclusive and in lieu 
of all others, oral or written, express or implied.

Fractal Design Corporation is not responsible for any costs including, 
but not limited to, those incurred as a result of lost profits or 
revenue, loss of time or use of the software, loss of data, the costs 
of recovering such software or data, the cost of substitute software, 
claims by third parties, of other similar costs. In no case will Fractal 
Design Corporation's liability exceed the amount of the license fee.
The warranties provided give you specific legal rights. You may have 
other rights which vary from state to state. Some states do not allow 
the exclusion of incidental or consequential damages, or the limitation 
of how long an implied warranty lasts, so some of the above may not apply 
to you.

5) U.S. Government Restricted Rights 

Fractal Design Expression and documentation thereto are provided with 
RESTRICTED RIGHTS. Use, duplication or disclosure by the Government is 
subject to restrictions as set forth in subparagraph (c)(1)(ii) of the 
Rights in Technical Data and Computer Software clause at 52.227-7013. The 
contractor/manufacturer of Fractal Design Expression and documentation 
thereto is Fractal Design Corporation, P.O. Box 66959, Scotts Valley,
California 95067-6959 USA, (408) 688-8800.
