BY INSTALLING THE SOFTWARE YOU ARE CONSENTING TO BE BOUND BY AND ARE BECOMING A PARTY TO THIS AGREEMENT.  IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, DO NOT INSTALL THE SOFTWARE. ActiveState Tool Corp END USER LICENSE AGREEMENT REDISTRIBUTION OR RENTAL OF THE PERL DEVELOPMENT KIT NOT PERMITTED As used in this Agreement, "ActiveState" shall refer to ActiveState Tool Corp. LICENSE GRANT. ActiveState grants you a non-exclusive license to use the accompanying proprietary software product ("Software") free of charge for evaluation and trial purposes only for a limited time. THIS SOFTWARE CONTAINS CODE THAT DISABLES MOST OF ITS FEATURES AFTER THE TIMEOUT DATE IDENTIFIED ABOVE. If technically feasible, you may run multiple instances of the Software on a single computer. You may use the Software on a second computer so long as only one (1) copy is used at a time. You may make a single copy of the Software for archival purposes, provided such copy must contain all of the original Software's proprietary notices. This License does not entitle you to hard-copy documentation, telephone assistance or support other than installation support. Commercial support is available through the Perl Clinic (http://www.perlclinic.com/). MULTIPLE LICENSE TYPES There are two types of licenses of the ActiveState Perl Development Kit (Full and Trial), each of which is subject to this Agreement. UPON ORDERING, DOWNLOADING, INSTALLING OR USING ANY VERSION OF THE SOFTWARE, YOU ARE REAFFIRMING THAT YOU ARE BOUND TO THE TERMS OF THIS AGREEMENT. FULL LICENSE A Full License can be purchased for a specific computer or for a specific developer. Site licenses are available. TRIAL LICENSE A Trial License is provided without charge; however, this evaluation license is not free software. A Trial License may be used to evaluate the performance and functionality of the ActiveState Perl Development Kit as if there were a Full License. All rights and licenses to the trial version automatically expire after a fixed length of time, usually 7 days, after which you must either obtain a new Trial License or purchase a Full License. For details on purchasing, please refer to the License.htm file installed with the software or the ActiveState Perl Development Kit page at http://www.ActiveState.com/PDK/. REDISTRIBUTION AND LICENSING You are free to redistribute freestanding .dll files which are output by PerlCtrl and freestanding .exe files which are output by PerlApp. If you wish to redistribute any of the following ActiveState Tool Corp. components: o PerlCOM files o PerlCtrl files (necessary for distributing dependent Perl Controls) o PerlApp files (necessary for distributing dependent Perl applications) o ActiveState Perl Debugger files you will need to acquire licenses from ActiveState Tool Corp. If you build a standalone application or control that you choose to redistribute, you are responsible for complying with the licensing of any third party module or library you embed into the application or control. While most of Perl and most modules on CPAN permit redistribution under certain terms (either the Artistic License or the GNU General Public License), you must understand these terms, as well as the terms of any third party modules or libraries you embed. If you are not sure that a module or library may be redistributed, please download the source to that module or library from CPAN (http://www.perl.com/CPAN/) and examine the package for a README document that clarifies the matter. If that doesn't clear things up, you must contact the author or maintainer of the module or library. LIMITATIONS. You may not: modify, translate, reverse engineer, decompile, disassemble (except to the extent applicable laws specifically prohibit such restriction), or create derivative works of (except as provided otherwise herein) the Software; copy or use the Software other than as specified above; rent, lease, grant a security interest in, or otherwise transfer rights to the Software; publish or provide any results of benchmark tests run on the Software to a third party without ActiveState's prior written consent; or remove any proprietary notices or labels on the Software. DISCLAIMER OF WARRANTY. The Software is provided on an "AS IS" basis, without warranty of any kind, including without limitation the warranties that the Software is merchantable, fit for a particular purpose or non-infringing. The entire risk as to the quality and performance of the Software is borne by you. Should the Software prove defective in any respect, you and not ActiveState or its suppliers assume the entire cost of any service and repair. In addition, the security mechanisms implemented by ActiveState 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. No use of the Software is authorized hereunder except under this Disclaimer. TITLE. Title, ownership rights, and intellectual property rights in the Software shall remain in ActiveState and/or its suppliers. The Software is protected by copyright and other intellectual property laws and by international treaties. Title and related rights in the content accessed through the Software is the property of the applicable content owner and is protected by applicable law. The license granted under this Agreement gives you no rights to such content. If you receive your first copy of the Software electronically and a second copy on media, the second copy may be used only for backup and archival purposes. The license granted under this Agreement does not grant you any right to any enhancement or update to the Software. TERMINATION. The license granted hereunder will terminate thirty (30) days following ActiveState's release of a commercial version of the Software. The license will terminate automatically if you fail to comply with the limitations described herein. You must destroy all copies of the Software upon termination. LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL ActiveState 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 ActiveState BE LIABLE FOR ANY DAMAGES EVEN IF ActiveState 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 RESULTING FROM ActiveState'S NEGLIGENCE TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU. INDEMNIFICATION. You defend, indemnify and hold harmless ActiveState, its suppliers and its resellers from and against liabilities, costs, damages and expenses (including settlement costs and reasonable attorneys' fees) arising from any claims that result from or relate to the use, reproduction or distribution of your application. HIGH RISK ACTIVITIES. The Software is not fault-tolerant and is not designed, manufactured or intended for use or resale as on-line control equipment in hazardous environments requiring fail-safe performance, such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines, or weapons systems, in which the failure of the Software could lead directly to death, personal injury, or severe physical or environmental damage ("High Risk Activities"). ActiveState and its suppliers specifically disclaim any express or implied warranty of fitness for High Risk Activities. MISCELLANEOUS. This Agreement represents the complete agreement concerning the license granted hereunder and may be amended only by a writing executed by both parties. 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, excluding conflict of law provisions (except to the extent applicable law, if any, provides otherwise). The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. U.S. GOVERNMENT END USERS. The Software is a "commercial item," as that term is defined in 48 C.F.R. 2.101 (Oct. 1995), consisting of "commercial computer software" and "commercial computer software documentation," as such terms are used in 48 C.F.R. 12.212 (Sept. 1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4 (June 1995), all U.S. Government End Users acquire the Software with only those rights set forth herein. TRADEMARKS. The following are trademarks of ActiveState Tool Corp.: ActiveState, PerlEx, ActiveState Perl Debugger, Perl Development Kit, ActivePerl, Perl for ISAPI, PerlScript, Perl Clinic, PerlCOM, PerlApp, PerlCtrl, Perl for Win32, and Visual Perl. The use of a Gecko and/or a Camel with respect to Perl are trademarks of O'Reilly & Associates, Inc. All other products mentioned are trademarks or registered trademarks of their respective companies. Copyright © 1998, 1999 by ActiveState Tool Corp. All rights reserved.