License, Copyright, Trademark, and Disclaimer

Copyright © 2005 by Automotive Electronics Services, Inc. All Rights Reserved. No part of this publication may be reproduced, transmitted, stored in a retrieval system, or translated into any language in any form by any means without the permission of Automotive Electronics Services, Inc.

This is a legal agreement between you (an individual or an entity), the end user, and Automotive Electronics Services, Inc. If you do not agree to the terms of this Agreement, promptly return the disk package and accompanying items (including written materials and binders or other containers) to the place you obtained them for a full refund.

1. Grant of License. This AES Setup Shooter Software License Agreement ("License") permits you to use one copy of the AES Setup Shooter software product ("Software") on any single computer, provided the Software is in use on only one computer at any time. If you have multiple Licenses for the Software, then at any time you may have as many copies of the Software in use as you have Licenses. The Software is "in use" in a computer when it is loaded into the temporary memory (i.e., RAM) or is installed into the permanent memory (e.g., hard disk, CD-ROM, or other storage device) of that computer. However, a copy installed on a network server for the sole purpose of distribution to other computers is not "in use." If the anticipated number of users of the Software will exceed the number of applicable Licenses, you must have a reasonable mechanism or process in place to assure that the number of persons using the Software concurrently does not exceed the number of Licenses. If the Software is permanently installed on the hard disk or other storage device of a computer (other than a network server), then the person authorized to use such computer also may use the Software on a portable computer, laptop, and home computer. If such person's authorization to use such computer ceases for any reason (e.g. termination of employment), then such person's authority to use the software on a portable computer, laptop, and home computer shall cease.

2. Copyright. The Software is owned by Automotive Electronics Services, Inc. or its suppliers and is protected by United States copyright laws and international treaty provisions. Therefore, you must treat the Software like any other copyrighted material (e.g., a book or musical recording), except that you may either (a) make one copy of the Software solely for backup or archival purposes, or (b) transfer the Software to a single hard disk provided you keep the original solely for backup or archival purposes. You may not copy written materials accompanying the Software.

3. Other Restrictions. This License is your proof of license to exercise the rights granted herein and must be retained by you. You may not rent or lease the Software, but you may transfer your rights under this License on a permanent basis provided that you transfer this License, the Software and all accompanying written materials, you retain no copies, and the recipient agrees to the terms of this License. You may not decompile, or disassemble the Software. If the Software is an update, any transfer must include the update and all prior versions.

4. Limited Warranty. Automotive Electronics Services, Inc. warrants that the Software will perform substantially in accordance with the accompanying written materials and will be free from defects in materials and workmanship under normal use and service for a period of ninety (90) days from the date of receipt. Any implied warranties on the Software are limited to ninety (90) days. Some states do not allow limitations on the duration of an implied warranty, so the above limitations may not apply to you. This limited warranty gives you specific legal rights. You may have others, which vary from state to state.

5. Customer Remedies. Automotive Electronics Services, Inc's entire liability and your exclusive remedy shall be, at Automotive Electronics Services, Inc's option, either (a) return of the price paid or (b) repair or replacement of the Software that does not meet Automotive Electronics Services, Inc.'s Limited Warranty and that is returned to Automotive Electronics Services, Inc. with a copy of your receipt. This Limited Warranty is void if failure of the Software has resulted from accident, abuse, or misapplication. Any replacement Software will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer. Neither these remedies nor any product support services offered by Automotive Electronics Services, Inc. are available for this U.S.A. version product outside the United States of America.

6. No Other Warranties. Automotive Electronics Services, Inc. disclaims all other warranties, either express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose, with respect to the Software, the accompanying written materials, and any accompanying hardware.

7. No Liability for Consequential Damages. In no event shall Automotive Electronics Services, Inc. or its suppliers be liable for any damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or other pecuniary loss) arising out of the use of or inability to use the Software, even if Automotive Electronics Services, Inc. has been advised of the possibility of such damages. Because some states do not allow the exclusion or limitations of consequential or incidental damages, the above limitations may not apply to you.

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What is the significance of the AES Setup Shooter software license agreement? The license agreement is the document under which Automotive Electronics Services, Inc. grants you, the end user, the right to use the software product. In addition to the end user license agreement, your use is governed by the U.S. Copyright Act.

What does the license say? The underlying principle of AES Setup Shooter's licensing policy has been and continues to be that each use of a AES Setup Shooter product requires a license. Each license grants you the right to use one copy of the software product on your computer. In addition, the license sets out the rules by which you may "concurrently" use the product on a computer network, and grants you the right to make and use a second copy of the product on a home and laptop computer in certain circumstances (described in more detail below).

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What is "concurrent use"? Software is "in use" on a computer when it is installed into the permanent memory (typically, a hard disk, but including CD-ROM or other storage device) or loaded into the temporary memory, or "RAM." On a network, a product may be used in either of two ways: (1) by installing the product on the workstation's hard disk and running the software "locally," or (2) by installing the product off the server. With the second option, the network server loads a copy of the software into the temporary memory, or "RAM," of the workstation, but it is not stored in the workstation's permanent memory. This distinction is important when we later discuss how to count the number of licenses needed for a computer network. "Concurrent use" occurs when one copy of a software product is accessed from a network server and used by two or more nodes, or "workstations," on that network. For example, a network of ten workstations has five "concurrent users" of a product if, at any one time, a maximum of five workstations have the product loaded into temporary memory, and the remaining workstations do not have the product loaded in either temporary or permanent memory. Note that the identity of the five concurrent users may change over time, but in this example the maximum never exceeds five.

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How do I determine how many licenses I need for my company to comply with the AES Setup Shooter license agreement? Starting with the principle that you need one license for each use of the product, there are two basic rules that you need to follow in counting the number of "uses" of the product in your company. First, each copy of the product that is installed on a hard disk or other storage device of a computer is a "use" that requires one license. Second, if you plan to use the product on a computer network, and you have fewer licenses than the total number of workstations, then you need to determine the maximum number of concurrent users of the product you will have at any one time. The total number of "uses," arrived at by adding the number of copies that you will have installed on hard disk plus the maximum number of concurrent users on a network, determines the number of licenses you need.

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How do I determine the "maximum number of users" on my company's computer network? To comply with the AES Setup Shooter license agreement, you must have adequate controls and mechanisms in place to ensure that you have at least as many licenses as you have uses of the product at any one time. While there is no single method that AES Setup Shooter requires or prescribes, you must have electronic or manual controls or procedures to justify your calculation of the number of licenses. For example, there are electronic devices and software programs that limit access to particular products running off a network server that would comply with this requirement (see the next question about "electronic token" technologies). As an example of a manual method of making this calculation, some companies periodically poll their users to determine how many employees never use the product, and then simply purchase licenses for the remaining number of users.

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If I load the product on the hard disk of every workstation on the network, can I still count the number of concurrent users so I don't have to purchase a license for every workstation? Is the answer different if I use the so-called "electronic token" technology to limit the actual number of concurrent users? No. And no. Loading the product onto the hard disk or other storage device of a network workstation is a "use" that requires a license. It makes no difference if you have an "electronic token" system to regulate use. The only way you may have fewer licenses than workstations on a network is when some of the workstations access the product off the network server itself (i.e., the product is not stored on the workstation's hard disk) and you have determined that less than all of the workstations use the product at any one time. Of course, if you transfer or "download" the product from the server to a workstation's hard disk -- which requires one license -- you may later completely delete the product off that hard disk to free up that one license for use elsewhere.

If I have an AES Setup Shooter application loaded into the temporary memory (RAM) of my network, but it is iconized and not actively in use, is a license required? Yes. We consider that you are "using" one of our products whenever it is loaded on your hard disk or in RAM. Thus, a program that is iconized requires a license because it was first loaded into memory, or RAM. Remember, however, that unlike a product stored on a workstation's hard disk (requiring one license), a product run off the server may be terminated or closed quickly, freeing up that product license for use by another workstation on the network.

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Does AES Setup Shooter continue to allow end users to make a second copy of its application for home and laptop use? Yes. If you have an AES Setup Shooter product loaded on the hard disk or other storage device of your computer, then you may make a second copy for home and laptop use. The principle here is to allow you to use the AES Setup Shooter product even when you are away from work, either at home or while traveling. However, this does not apply to products that are loaded on the network server. (Some companies have their own restrictions on home software use, so you may need to check with your systems administrator on this topic.)

•	Is this AES Setup Shooter license a site license? If not, how does it differ? This AES Setup Shooter end user license is not a site license because each use requires a separate license. In a "site license," a company is given unlimited rights to internal use of a software product for a flat fee.

Since Automotive Electronics Services, Inc. and its resellers can not control the application of the information provided with the AES Setup Shooter, neither Automotive Electronics Services, Inc. nor its reseller assumes any responsibility for any damages that may occur from the misuse or misapplication of the included information.