Haniport Levee™ End User License Agreement and Warranty Disclaimer

This End User License Agreement pertains to products created by Art Cabral doing business as the Longwood Wizards Guild ("LONGWOOD"). This is a legal agreement between you and LONGWOOD covering your use of Haniport Levee 1.0 ("SOFTWARE"). Be sure to read the following agreement before using the SOFTWARE. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT USE THE SOFTWARE AND DESTROY ALL COPIES OF IT. If you have purchased a license to use the SOFTWARE ("LICENSE") from LONGWOOD or its authorized agents and cannot agree to the terms of this agreement, consult the information delivered to you via email at the time of purchase regarding the policy on refunds.

This copyrighted SOFTWARE is licensed, not sold, to you for use only under the terms of this license. LONGWOOD retains ownership of the software itself and reserves any rights not expressly granted to you. This SOFTWARE, including all screens and displays, is Copyright (C) 2005 by Art Cabral. All Rights Reserved. Patent Pending.

1. Definition of Terms

A FAMILY is defined as a single person and that person's minor or elderly dependents (if any) living at the same location, or alternately any two individuals in a committed relationship including marriage, civil unions, and domestic partnerships, and the minor or elderly dependents (if any) of the partners in that relationship living at the same location.

A SCHOOL is defined as an educational institution that is involved in the education of children in grades ranging from pre-school through pre-college.

A TEACHER is defined as an instructor, or a surrogate for that instructor (such as a temporary substitute teacher), that works at a SCHOOL.

A REGISTRATION is defined as the user name and serial number combination delivered to you at the time of purchase that, when installed, will fully enable the features of the SOFTWARE.

2. Evaluation License

You may install and use an Unregistered and Unlicensed copy of this program for a single trial period of 45 days on a single computer that can run the SOFTWARE.

3. Household License

You may use your REGISTRATION to fully enable the SOFTWARE for personal use by you and members of your FAMILY on any computer that belongs to a member of your FAMILY who agrees to abide by the terms of this license. Computers that do not belong to a FAMILY member, such as those provided by a school, business, or government agency, do not qualify for a Household License.

4. School License

If you are a TEACHER, you may use a REGISTRATION purchased for you by your SCHOOL to fully enable the SOFTWARE on any computer owned by the SCHOOL that you use with the SOFTWARE for the education of children. The SCHOOL will need to purchase one REGISTRATION per TEACHER that uses the SOFTWARE for teaching, regardless of how many children each TEACHER instructs.

In addition, each TEACHER must agree to give strong consideration to including a discussion of the ethics of copying computer software in the annual curriculum for his or her students that use the SOFTWARE (including the use of modified copies of such software which circumvent the licensing and registration process).

5. Business Purposes License

Any usage of a REGISTRATION which does not qualify for a Household License or a School License is considered to be dedicated for Business Purposes. You may use a REGISTRATION obtained for Business Purposes on a single computer that can run the SOFTWARE and for a single user at a time. You may not share your REGISTRATION with multiple users by any means, including but not limited to electronic networks and file servers.

6. Verification and Responsibility

You agree that LONGWOOD may employ means to detect the unauthorized distribution or use of your REGISTRATION or the SOFTWARE by transmitting an encrypted version of the REGISTRATION to LONGWOOD at such time as when you upgrade the SOFTWARE to a newer version, or at such time as when you choose to download a trial version of a LONGWOOD product. By your action of using your REGISTRATION to fully enable the SOFTWARE, you hereby acknowledge and accept your responsibility for the use of any unauthorized copies of the SOFTWARE fully enabled with your REGISTRATION.

7. Restriction of Distribution and Modification

You may not distribute your REGISTRATION or the fully enabled SOFTWARE to any other parties by any means. The SOFTWARE is owned by LONGWOOD and is protected by United States copyright laws and international treaty provisions. Commercial or any other distribution of the SOFTWARE is restricted without prior written permission of LONGWOOD (ATTN Distribution, Longwood Wizards Guild, P.O. Box 2162, Sunnyvale, CA 94087).

You may not rent or lease your REGISTRATION or the fully enabled SOFTWARE, nor may you modify, adapt, translate, reverse engineer, decompile, or disassemble the SOFTWARE. If you violate any part of this agreement, your right to use this SOFTWARE terminates automatically and you then must destroy all copies of this SOFTWARE in your possession.

8. Warranty and Fitness for a Particular Purpose

The SOFTWARE and related documentation are provided "AS IS" and without warranty of any kind and LONGWOOD expressly disclaims all other warranties, express or implied, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose. Under no circumstances shall LONGWOOD be liable for any incidental, special or consequential damages that result from the use or inability to use the SOFTWARE or related documentation, even if LONGWOOD has been advised of the possibility of such damages. LONGWOOD does not warrant that the operation of this SOFTWARE will be uninterrupted or error free, or that defects will be corrected.

The liability of LONGWOOD for any of the aforementioned damages in no event shall exceed the license fee paid for the right to use the SOFTWARE, and LONGWOOD retains the right to, in its sole discretion, refund the license fee paid for the right to use this SOFTWARE as a complete and final resolution to any dispute.

9. Applicable Law and Jurisdiction

This Agreement shall be governed by the laws of the State of California. If for any reason a court of competent jurisdiction finds any provision of this Agreement, or portion thereof, to be unenforceable, that provision of the Agreement shall be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of this Agreement shall continue in full force and effect. The SOFTWARE and documentation is provided with restricted rights. Use, duplication, or disclosure by the Government is subject to restrictions set forth in subparagraphs (a) through (d) of the Commercial Computer Software-Restricted Rights clause at FAR 52.227-19. Manufacturer is Art Cabral doing business as the Longwood Wizards Guild, P.O. Box 2162, Sunnyvale, CA 94087.

10. Support

LONGWOOD does not provide formal, for-fee customer support for the SOFTWARE. However, LONGWOOD makes every effort to ensure the quality of the SOFTWARE, and questions, bug reports, and feature requests are encouraged. In order to be able to accommodate the greatest number of customers and keep prices low, support is provided via the LONGWOOD website (webstore.longwood.com) and email. Due to resource limits, it may not be possible to resolve all issues and no assurances can be given as to when or if problems will be addressed. Please use our website to access the current email address for submission of any feature requests, bug reports, or to send us comments regarding the SOFTWARE (the email address used for support issues is changed frequently to minimize the impact of unsolicited email advertisements).

Art Cabral, The Longwood Wizards Guild, P.O. Box 2162, Sunnyvale, CA 94087, United States of America.

Check online at http//webstore.longwood.com for a temporary email address for email correspondence.

APPENDICES

Appendix A - Examples of Household Usage

Here are some examples of what is and what is not considered a valid use of a Household License. All the names used herein are fictitious, and any similarity to real names is coincidental.

Example 1 - Jim and Kathy O'Connor have been married for 27 years. They have a son, Allan, who is attending graduate school. Jim has a PC running Windows (R) 2000 and a ThinkPad (R) running Windows XP. Kathy has a Macintosh (R) running MacOS 9 and a PowerBook (R) running MacOS X.

Kathy downloaded a copy of Haniport Levee for MacOS users and installed it on her PowerBook, which was running MacOS X. After using it for a few days she decided she liked it and used the menu item within the application to buy the product online. The online purchase procedure installed her registration onto her PowerBook. She then got an email confirmation that provided her with her user name and serial number, a copy of which she immediately put in a safe place. She installed Haniport Levee on her older Macintosh running MacOS 9 and entered her user name and serial number in the initial splash screen (she could also have used the Edit Registration menu item). Then she was able to use the fully enabled software on both of her Macs.

Meanwhile, Jim downloaded the version of Haniport Levee for Windows XP users to both of his Windows machines and used the same user name and serial number that Kathy gave him to enable all the features of the software on both of them.

All four uses of the Kathy's registration are valid under the Household License. However, if Allan comes home from grad school for a visit, he's welcome to use any of his parents' computers, but the Household License does not allow him to place a copy on his own computer; he lives separately from his parents, so he needs his own registration.

Example 2 - Chris Travers and Pat Smithson have been living together for 22 years in a committed relationship. They have two adopted children, Dale and Lynn, and they rent a room to a graduate student by the name of Allan O'Connor (small world, isn't it). In addition, Pat's elderly father has recovered from his health problems but has stayed on with Chris and Pat so they can keep an eye on him, not to mention how convenient it is that Grandpa enjoys watching the kids when Pat and Chris need a break. Chris has downloaded Haniport Levee 1.0 for use on a PowerBook and has purchased a registration to use it. Chris is allowed to use that registration for computers used by Pat, the kids, and Pat's father, basically everyone in the household except Allan, who still needs his own registration.

Example 3 - Allan's graduate studies regularly take him out of town, from Corvallis to Portland. When in Portland he generally stays in a room at the apartment shared by Pat's cousin Ruth and Ruth's brother Rod. Ruth and Rod, both being adults, have each already purchased a registration for Haniport Levee 1.0. Since Allan is just a friend he would need his own registration, which would make a total of three for the apartment.

Appendix B - Examples of School Usage

And now, here are some examples of what is and what is not considered a valid use of a School License.

Example 4 - Rod Smithson teaches school at a Portland elementary school, as does his sister Ruth. Both use Haniport Levee 1.0 as part of their curriculum (and lest you think this is far-fetched, I've heard from teachers that in fact do use our first product, Seahaven Towers 1.0, as part of their curriculum). The school has two classrooms set up with computers. Ruth teaches 40 kids, 20 in each room, and Rod teaches 22 kids in just one of the rooms.

Haniport Levee 1.0 has been installed on all of the machines in both rooms using a registration that Ruth acquired with a District credit card. Because Rod also teaches using the room, the District has paid for a second registration in Rod's name, even though none of the computers actually have that registration installed.

Occasionally, when Rod or Ruth are ill, they use a substitute teacher, their visiting roommate Allan who also works at the school developing curricula as part of his Masters Thesis project. As a surrogate for either Rod or Ruth, Allan can use the software at school without a requirement that the District purchase another registration. Were Allan to get a full-time job at the school and also teach using Haniport Levee 1.0, a third registration would be required. The District's two registrations do not allow Allan, or other teachers, to install and use Haniport Levee 1.0 on a personal computer

Example 5 - Once a year, Rod and Ruth each have a talk with their students regarding the ethics of software copying. The wording of this license is very careful on this point. It would be great for teachers to strongly consider having this discussion with the kids who come in contact with the software, but it isn't a mandatory part of the license because frankly that would be an impractical restriction on teachers that already have a lot of things to track. It is also important to note that the license doesn't state what sort of discussion to have, but there seem to be plenty of starting points in the news these days. At this point in time, just having the discussion would be appreciated.

Notices

Seahaven Towers, Haniport, and Haniport Levee are trademarks of Art Cabral. Mac, Macintosh, and PowerBook are trademarks of Apple Computer. ThinkPad is a trademark of IBM. Windows is a trademark of Microsoft. Other trademarks are the property of their respective owners.

Revised 2005.03.31 Copyright (C) 2005 Art Cabral. All Rights Reserved.