BY INSTALLING OR USING THE SOFTWARE, YOU ARE CONSENTING TO BE BOUND BY 
THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS 
AGREEMENT, PLEASE RETURN THE PRODUCT TO THE PLACE OF PURCHASE FOR A 
FULL REFUND.  

LIVEUPDATE CRESCENDO OR CRESCENDO PLUS END USER LICENSE AGREEMENT
REDISTRIBUTION NOT PERMITTED

This Agreement has 3 parts.  Part I applies if you have not purchased 
a license to the accompanying software (the "Software").  Part II 
applies if you have purchased a license to the Software.  Part III 
applies to all license grants.  If you initially acquired a copy 
of the Software without purchasing a license and you wish to purchase 
a license, contact LiveUpdate on the Internet at 
http://www.liveupdate.com/crescendo.html.  

PART I -- TERMS APPLICABLE WHEN LICENSE FEES NOT (YET) PAID (LIMITED
TO EVALUATION, EDUCATIONAL AND NON-PROFIT USE) GRANT.

LiveUpdate grants you a non-exclusive license to use the Software free 
of charge if (a) you are a student, faculty member or staff member of 
an educational institution (K-12, junior college, college or library) 
or an employee of an organization which meets LiveUpdate's criteria for
a charitable non-profit organization; or (b) your use of the Software 
is for the purpose of evaluating whether to purchase an ongoing 
license to the Software.  The evaluation period for use by or on behalf 
of a commercial entity is limited to 30 days; evaluation use by others 
is not subject to this 30 day limit.  Government agencies (other than 
public libraries) are not considered educational or charitable 
non-profit organizations for purposes of this Agreement.  If you are 
using the Software free of charge, you are not entitled to hard-copy 
documentation, support or telephone assistance.  If you fit within the
description above, you may use the Software in the manner described 
in Part III below under "Scope of Grant." 

DISCLAIMER OF WARRANTY.

Free of charge 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 
LiveUpdate assume the entire cost of any service and repair.  In 
addition, the security mechanisms implemented by LiveUpdate software
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.  Subject to payment of applicable license fees, LiveUpdate 
grants to you a non-exclusive license to use the Software and 
accompanying documentation ("Documentation") in the manner described 
in Part III below under "Scope of Grant." 

LIMITED WARRANTY.

LiveUpdate warrants that for a period of thirty (30) days from the 
date of acquisition, the Software, if operated as directed, will 
substantially achieve the functionality described in the Documentation.
LiveUpdate 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. LiveUpdate also warrants that the media 
containing the Software, if provided by LiveUpdate, is free from 
defects in material and workmanship and will so remain for thirty (30) 
days from the date you acquired the Software.  LiveUpdate's sole 
liability for any breach of this warranty shall be, in LiveUpdate'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) LiveUpdate advised you
how to operate the Software so as to achieve the functionality 
described in the Documentation.  Only if you inform LiveUpdate 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 LiveUpdate be obligated to honor this warranty.  LiveUpdate 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 
LIVEUPDATE.  LIVEUPDATE 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 LIVEUPDATE 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

SCOPE OF GRANT.

You may:
* use the Software on any single computer;
* use the Software on a network, provided that each person accessing 
  the Software through the network must have a copy licensed to that 
  person;
* use the Software on a second computer so long as only one copy is 
  used at a time;
* copy the Software for archival purposes, provided any copy must 
  contain all of the original Software's proprietary notices.

You may not:
* permit other individuals to use the Software except
  under the terms listed above;
* permit concurrent use of the Software;
* modify, translate, reverse engineer, decompile,
  disassemble (except to the extent applicable laws 
  specifically prohibit such restriction), or create 
  derivative works based on the Software;
* copy the Software other than as specified above;
* rent, lease, grant a security interest in, or
  otherwise transfer rights to the Software; or
* remove any proprietary  notices or labels on the
  Software.

TITLE.

Title, ownership rights, and intellectual property 
rights in the Software shall remain in LiveUpdate and/or 
its suppliers.  The Software is protected by the 
copyright laws and treaties.  Title and related rights 
in the content accessed through the Software is the 
property of the applicable content owner and may be 
protected by applicable law.  This License gives you no 
rights to such content.  

TERMINATION.

The license will terminate automatically if you fail to 
comply with the limitations described herein.  On 
termination, you must destroy all copies of the Software 
and Documentation.  

EXPORT CONTROLS.

None of the Software or underlying information or 
technology may be downloaded or otherwise exported or 
reexported (i) into (or to a national or resident of) 
Cuba, Iraq, Libya, Yugoslavia, North Korea, Iran, Syria 
or any other country to which the U.S.  has embargoed 
goods; or (ii) to anyone on the U.S.  Treasury 
Department's list of Specially Designated Nationals or 
the U.S.  Commerce Department's Table of Denial Orders.  
By downloading or using the Software, you are agreeing 
to the foregoing and you are representing and warranting 
that you are not located in, under the control of, or a 
national or resident of any such country or on any such 
list.  
.  

LIMITATION OF LIABILITY.  UNDER NO CIRCUMSTANCES AND 
UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, 
SHALL LIVEUPDATE OR ITS SUPPLIERS OR RESELLERS BE LIABLE 
TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, 
INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER 
INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF 
GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR 
MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR 
LOSSES.  IN NO EVENT WILL LIVEUPDATE BE LIABLE FOR ANY 
DAMAGES IN EXCESS OF THE AMOUNT LIVEUPDATE RECEIVED FROM 
YOU FOR A LICENSE TO THE SOFTWARE, EVEN IF LIVEUPDATE 
SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH 
DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY.  THIS 
LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR 
DEATH OR PERSONAL INJURY TO THE EXTENT APPLICABLE LAW 
PROHIBITS SUCH LIMITATION.  FURTHERMORE, SOME 
JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION 
OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS 
LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.  
 
  
MISCELLANEOUS.

If the copy of the Software you received was accompanied 
by a printed or other form of "hard-copy" End User 
License Agreement whose terms vary from this Agreement, 
then the hard-copy End User License Agreement governs 
your use of the Software.  This Agreement represents the 
complete agreement concerning this license and may 
amended only by a writing executed by both parties.  THE 
ACCEPTANCE OF ANY PURCHASE ORDER PLACED BY YOU IS 
EXPRESSLY MADE CONDITIONAL ON YOUR ASSENT TO THE TERMS 
SET FORTH HEREIN, AND NOT THOSE IN YOUR PURCHASE ORDER.  
If any provision of this Agreement is held to be 
unenforceable, such provision shall be reformed only to 
the extent necessary to make it enforceable.  This 
Agreement shall be governed by California law (except 
for conflict of law provisions).  The application the 
United Nations Convention of Contracts for the 
International Sale of Goods is expressly excluded.  

U.S.  GOVERNMENT RESTRICTED RIGHTS.  Use, duplication or 
disclosure by the Government is subject to restrictions 
set forth in subparagraphs (a) through (d) of the 
Commercial Computer-Restricted Rights clause at FAR 
52.227-19 when applicable, or in subparagraph (c)(1)(ii) 
of the Rights in Technical Data and Computer Software 
clause at DFARS 252.227-7013, or at 252.211-7015, or to 
LiveUpdate's standard commercial license, as applicable, 
and in similar clauses in the NASA FAR Supplement.  
Contractor/manufacturer is LiveUpdate, a division of LABTECH,
 400 Research Drive, Wilmington, MA 01877.

