COPYRIGHT

Copyright Mom Software Services 2001. All Rights Reserved.

CONTENT AND LIABILITY DISCLAIMER

Mom Software Services shall not be responsible for any errors or omissions contained at this web site, and reserves the right to make changes without notice. Accordingly, all Mom Software Services and third party information is provided "AS IS".

Linked web sites are not under the control of Mom Software Services and Mom Software Services is not responsible for the contents of any linked web site or any link contained in a linked web site. Mom Software Services provides links to you as Internet navigation tools only. The inclusion of any link does not imply endorsement by Mom Software Services of the web site. In addition, Mom Software Services is not responsible for the content of any other web site linked to any Mom Software Services web site.

SOFTWARE

Any software ("Software") that is made available to download from this web site is the copyrighted work of Mom Software Services. Use of the Software is governed by the terms of the end user license agreement ("License Agreement"), which accompanies or is included with the Software. The Software runs with a valid license only and may be used only with such license and with the inclusion of the above copyright notice. An end user ("Customer") will be unable to install the Software that is accompanied by or includes a License Agreement unless he or she first agrees to the License Agreement terms.

The Software is made available for downloading solely for use by end users according to the License Agreement. Any reproduction or redistribution of the Software not in accordance with the License Agreement is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.

Without limiting the foregoing, copying or reproduction of the software to any other web site or location for further reproduction or redistribution is expressly prohibited.

LICENSE AGREEMENT

These are the terms and conditions of a non-transferable and non-exclusive license to use the Software:

Right to use
The software is provided in and is licensed for use in object-code form only and for use only by the number of user(s) and/or DECnet address or Ethernet address or VMScluster as described in the license key confirmation. Copies of the Software may be made for use as archival or backup purposes, but any and all copies must include the copyright of Mom Software Services, and are fully subject to the the terms of these License Agreement terms. Customer may not reverse assemble, reverse compile, translate or otherwise attempt to create the source code from the Software or any portion thereof, including for reasons of error correction or interoperability. At request of Mom Software Services Customer agrees to provide a written statement of the serial number(s) for the machine(s) on which the Software is used. Customer may not publish or provide any results of benchmark tests run on the Software to a third party without the written consent of Mom Software Services, rent, lease, grant a security interest in, or otherwise transfer rights to the Software, or remove or alter any trademark, logo, copyright or other proprietary notices, symbols or labels in the Software.

Duration
The License Agreement shall continue as long as the Customer uses the Software in compliance with the License Agreement. Should the Customer breach any of its obligations, the License Agreement shall terminate and Customer agrees to destroy all copies of the Software and all materials provided for or with the Software upon notification and demand by Mom Software Services.

Title
Mom Software Services retains all proprietary rights and title to the Software and any modifications, and no ownership of any part of the Software is hereby transfered to the Customer.

Security
The Customer understands and agrees that the Software contains trade secrets belonging to Mom Software Services, and will take all reasonable steps to protect its confidentiality. The Customer acknowledges that the Software is the property of Mom Software Services and contains confidential information. The Customer agrees that, other than to its employees, it will not provide a copy of the Software nor divulge any details of it to any person without the written consent of Mom Software Services.

Limitation of warranties and liability
Mom Software Services does not warrant that use of the Software will be uninterrupted or error free, nor that program errors will be corrected. The Software is subject to change without notice and should not be construed as a commitment by Mom Software Services. Mom Software Services disclaims all warranties with regard to the Software, including all implied warranties of merchantability and fitness, title and non-infringement. In no event shall Mom Software Services be liable for any indirect, consequential, incidental, special or punitive damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use or performance of the Software, even if Mom Software Services has been advised of the possibility of such damages.

The Software is not fault-tolerant and is not designed, manufactured or intended for use or resale as on-line equipment in hazardous environments requiring fail safe peformance, such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines, or weapon systems, in which the failure of the Software could lead directly to death, personal injury, or severe physical or environmental damage ("High Risk Activities"). Accordingly Mom Software Services and/or its suppliers specifically disclaim any expressed or implied warranty of fitness for High Risk Activities.

PRIVACY

Mom Software Services is committed to protecting the privacy of those using our internet site and the confidentiality of the personal information which our customers provide us with. We use the information we collect to ensure that orders are processed smoothly.

Your personal information is safe with Mom Software Services, we will never sell personal information or share personal information with third parties. When you place an order, we need to know some information about your company, your license requirements and the payment details. This allows us to process and fulfil your orders and to keep you up to date on their progress. Information on your purchases enables us to personalize the site and to recommend information or products that may be of interest to you. How customers use the Mom Software Services internet site and the feedback they give us helps us develop and enhance the site. We are always interested to hear our customers' points of view. We reserve the right, however, not to publish any comments which violate site guidelines. We may also use your contact information to let you know about enhancements to the site, new products and product updates.

TRADEMARKS

OpenVMS, VMScluster, DECnet, VAX, Alpha, the Digital logo and the Compaq logo are registered trademarks of Compaq Computer Corporation.