Please read this license agreement (called the "Agreement") carefully. Your use of the software or any related documentation (called the "Software") indicates your acceptance of the following terms and conditions. If you do not agree to these terms and conditions, you may not install or use the Software.

Notice: The Software is not generally available software, but a beta version. It has not undergone complete testing and may contain errors. It may not function properly and is subject to change or withdrawal at any time. No support or maintenance is provided with the Software. Do not install this software if you are not accustomed to using experimental software.

The Software is made available without charge at the beta level in order to allow you to evaluate the Software in its developmental stage. We encourage your feedback and suggestions.

1. Title and Ownership

Title, ownership rights, and intellectual property rights in and to the Software, and any copies of the Software shall remain with Excelsior, LLC ("Excelsior"). The Software is protected by the copyright laws of the Russian Federation and international copyright treaties.

2. License.

Excelsior hereby grants you a non-exclusive, non-transferable license to download and use the Software on the following terms:

You may: a. use the Software on any single computer; b. use the Software on a second computer as long as the first and second computers are not used simultaneously; and c. copy the Software for backup purposes, provided any copy must contain all of the original Software's proprietary notices.

You may not: a. permit other individuals or entities to use the Software; b. modify, translate, reverse engineer, decompile, disassemble (except to the extent applicable laws specifically prohibit such restriction), or create derivative works based on the Software; c. copy the Software (except for back-up purposes); d. rent, lease, or otherwise transfer rights to the Software; e. distribute (for free or for sale) the Software; or f. remove any proprietary notices or labels on the Software.

The Software is in "use" on a computer when it is loaded into temporary memory (i.e., RAM) or installed into permanent memory (e.g. hard disk, CD-ROM) of that computer.

Implied licenses are negated.

3. Term and Termination

This Agreement will terminate automatically if you fail to comply with the limitations described above, or ninety (90) days after the date on which you receive the Software, whichever comes first. Upon such termination you must delete or destroy all copies of the Software.

4. Warranty Disclaimer and Limitation of Liability

Excelsior licenses the Software to you on an "as is" basis, without warranty of any kind. Excelsior hereby expressly disclaims all warranties or conditions, either express or implied, including, but not limited to, the implied warranties or conditions of merchantability and fitness for a particular purpose. You are solely responsible for determining the appropriateness of using this Software and assume all risks associated with the use of this Software, including but not limited to the risks of program errors, damage to or loss of data, programs or equipment, and unavailability or interruption of operations. Some jurisdictions do not allow for the exclusion or limitation of implied warranties, so the above limitations or exclusions may not apply to you.

Excelsior will not be liable for any direct damages or for any special, incidental, or indirect damages or for any economic consequential damages (including lost profits or savings), even if Excelsior has been advised of the possibility of such damages. Excelsior will not be liable for the loss of, or damage to, your records or data, or any damages claimed by you based on a third party claim. Some jurisdictions do not allow for the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.

5. License Rights

You hereby grant to Excelsior an irrevocable license under all intellectual property rights (including copyright) to use, copy, distribute, sublicense, display, perform and prepare derivative works based upon any feedback, including materials, fixes, error corrections, enhancements, suggestions and the like that you provide to Excelsior.

6. General

This Agreement is governed by the laws of the Russian Federation.

This Agreement is the only understanding and agreement we have regarding your use of the Software. It supersedes all other communications, understandings or agreements we may have had prior to this Agreement.