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ACUCOBOL-GT Software Evaluation Program
for IBM’s Visual Age PacBase

Welcome to the ACUCOBOL-GT® Software Evaluation Program. Acucorp, in cooperation with IBM, is offering IBM’s Visual Age PacBase customers the opportunity to try PacBase’s new COBOL generation tool – ACUCOBOL-GT, free of charge. Using PacBase, it is now possible to generate batch, dialog and eBusiness programs with the ACUCOBOL-GT compiler on Windows, Unix and Linux platforms. Once programs have been compiled using ACUCOBOL-GT, they can be moved from one platform to another without any changes or recompilation.

By entering the information requested in the spaces below, you will be sent a free, 60 day evaluation copy of the ACUCOBOL-GT runtime and license file for the operating system version and number of users specified in your purchase of PacBase.

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By clicking "Accept License", you agree that you have had the opportunity to review the terms and conditions and that such terms and conditions govern this transaction.

IMPORTANT - READ CAREFULLY BEFORE DOWNLOADING, INSTALLING
OR USING THE SOFTWARE.

By downloading the software or using the software, you ("Licensee")
agree to the following terms and conditions.

ACUCORP, INC. CLICKWRAP LICENSE AGREEMENT
(Demonstration & Evaluation Software)

ARTICLE I.  LICENSE TERMS

1.1  Acucorp hereby grants to Licensee a limited, non-transferable, 
non-exclusive right to use and display the enclosed software 
("Acucorp Software") for DEMONSTRATION AND EVALUATION 
PURPOSES  ONLY. All rights not expressly licensed to Licensee 
herein are reserved by Acucorp.

1.2  Licensee may load and use the enclosed software on any 
computer, as long as it is used only on one computer by one 
user at a time.

1.3  Licensee may not:

·  Loan, rent, lease, give, sublicense, distribute, transmit 
   or otherwise transfer the software (or any copy), in whole 
   or in part, to any other person, except by separate written 
   agreement with Acucorp. 

·  Copy or translate the user documentation included with the 
   software, without Acucorp's prior written consent.

·  Copy, alter, translate, decompile, disassemble or reverse 
   engineer the software, including without limitation, 
   modifying the software to make it operate on non-compatible 
   hardware or for any other reason.

·  Remove, alter or cause not to be displayed any copyright or 
   trademark notices or startup messages contained in the 
   programs or documentation.

·  Download, transmit, or otherwise export or re-export any of 
   the Acucorp Software or underlying information or technology 
   in violation of United States or other applicable laws or regulations.

ARTICLE  II.  INTELLECTUAL PROPERTY RIGHTS

2.1  Licensee hereby acknowledges that Acucorp is the owner of, 
and hereby reserves, all Proprietary Rights in the Acucorp Software 
and Acucorp's Confidential Information, including, without limitation,
any and all copyright, trademark and other proprietary rights arising
under United States law and international conventions.

2.2  Licensee shall promptly notify Acucorp of any unauthorized third
party duplication, distribution or use of Acucorp Software of which
Licensee is aware, and shall provide Acucorp with whatever reasonable
assistance is necessary to prevent, deter or terminate such activities.

ARTICLE III.  DISCLAIMER OF WARRANTIES

3.1  THERE ARE NO WARRANTIES OF ANY KIND, EITHER EXPRESS 
OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED 
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR 
PURPOSE, AND THE PROGRAMS, DOCUMENTATION AND OTHER FILES 
ON THE MEDIA ARE PROVIDED "AS IS."   Some jurisdictions do not 
allow the exclusion of implied warranties, so the above exclusion 
may not apply to Licensee.  This warranty gives Licensee specific 
legal rights, and Licensee may also have other legal rights which 
vary from jurisdiction to jurisdiction.

ARTICLE IV.  LIMITATION OF LIABILITY

IN NO EVENT WILL ACUCORP BE LIABLE TO LICENSEE OR ANY OTHER 
PARTY FOR DIRECT, INDIRECT, GENERAL, SPECIAL, INCIDENTAL, 
CONSEQUENTIAL, EXEMPLARY OR OTHER DAMAGES, INCLUDING LOST 
PROFITS, ARISING FROM THE USE OF OR INABILITY TO USE THE 
SOFTWARE OR FROM ANY BREACH OF WARRANTY, EVEN IF ACUCORP 
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  IN 
NO EVENT SHALL ACUCORP'S TOTAL LIABILITY EXCEED THE AMOUNT 
LICENSEE PAID IN LICENSE FEES FOR THE RIGHT TO USE A SINGLE 
COPY OF THIS SOFTWARE. 

ARTICLE V.  INDEMNIFICATION

Licensee shall defend, indemnify and hold Acucorp and its affiliated
companies and the officers, directors, agents, employees, successors,
and assigns of the foregoing harmless from any and all claims 
ncluding reasonable attorneys' fees and costs of litigation,
liabilities, damages, costs and expenses resulting from Licensee's
breaches, acts, omissions or misrepresentations, including but not
limited to Licensee's combining (or its authorizing others to combine)
the Licensee's Software with products not provided by Acucorp.

ARTICLE VI. ADDITIONAL PROVISIONS

6.1  Modifications. No modification or waiver of this Agreement or 
any provisions shall be binding unless made in writing and signed 
by the parties hereto.

6.2  Governing Law.  This Agreement shall be governed by and 
construed under the laws of the State of California, without 
regard to choice of law provisions.  The application of the United
Nations Convention on Contracts for the International Sale of Goods 
is expressly excluded.

6.3  U.S. Government Restricted Rights. The Acucorp Software 
is provided with RESTRICTED RIGHTS.  The use, duplication, or 
disclosure by the Government is subject to restrictions as set 
forth in subparagraphs (a) through (d) of the Commercial Computer
Software - Restricted Rights clause at FAR 52.227-19, (c)(1)(ii) 
of The Rights in Technical Data and Computer Software clause at 
DFARS 252.227-7013, and in similar clauses in the NASA FAR 
Supplement, as applicable.  The contractor/manufacturer of this 
Software is Acucorp, Inc., 8515 Miralani Drive, San Diego, 
California  92126.

ACUCORP, INC.
CLICKWRAP LICENSE AGREEMENT

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