IMPORTANT - READ CAREFULLY: This End User License Agreement ("EULA" or "Agreement") is a legal agreement between you (either an individual or a single entity) and Kevin A.  Johnson (the "Author"), for the Author's software, which includes the Kajei web site, and computer software available from the Author or through the Kajei web site for download, viewing, printing, copying, running, transmittal by email or by other electronic means, and associated media and printed materials, and "online" or electronic documentation (the "Software"). By registering for access to the Kajei web site, or by installing, copying, or otherwise using the Software, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, do not register for access to the Kajei web site and do not install or use the Software.

1. Background.  (1) Accept where noted in the Software, the Author is the owner of the Software.  The Author is willing to grant to you a limited, terminable, non-exclusive, non-transferable license to use and evaluate the Software provided you agree to the terms and conditions of this Agreement.  Please note, however, that the Software covered by this Agreement is provided "AS IS" (with no obligation for support of any kind) and because it is free or it is an evaluation version, the possibility exists that it may not be fully functional.  (2) If a copy of the Software you receive was accompanied by a printed or other form of "hard-copy" End User License Agreement whose terms vary from this Agreement, then the hard-copy End User License Agreement governs your use of the Software.

2. License.  The Author grants to you a limited, terminable, non-exclusive, non-transferable license to use the Software provided that you agree to the following:

A. Copying. You may make a reasonable number of copies of the Software so long as (i) the use of such copies is internal to you or your organization and (ii) all copies contain this Agreement and the same copyright and other proprietary notices that appear on or in the Software.

B. No External Distribution.  You may not distribute, sub-license, or otherwise provide the Software to any third party. You may not lease nor rent the Software.

C. Trade Secrets.  You agree that the source code of Software contains information which is confidential to the Author and a trade secret of the Author and/or the licensors of the Author.  Therefor, when any part of the Software is provided in object code ("Object Code Software") you agree not to modify or attempt to decipher, decompile, disassemble, reverse engineer, translate, or otherwise attempt to discover the source code of the Software.

3. Copyright.  The Software is owned by the Author and/or its licensors and is protected by United States copyright laws and international treaty provisions; and you acknowledge and agree that all right, title, and interest in and to the Software, including associated intellectual property rights, are and shall remain with the Author and/or its licensors. Except as stated in Section 2 above, this Agreement does not grant you any rights in the Software and all rights not expressly granted to you in Section 2 above are reserved by the Author.

4. Support Services.  The Author is not obligated to provide you with support services related to the Software ("Support Services").  If the Author chooses to provide Support Services any supplemental software provided to you as part of the Support Services shall be considered part of the Software and subject to the terms and conditions of this Agreement and by such conditions as may be set by the Author.  The conditions set by the Author may change without notice.  With respect to technical information you provide to the Author as part of the Support Services, the Author may use such information for his business purposes, including for product support and development. The Author will not utilize such technical information in a form that personally identifies you.

5. No Warranty. THE SOFTWARE IS PROVIDED ON AN "AS IS WITH ALL FAULTS" BASIS WITHOUT WARRANTY OF ANY KIND, AND NO OTHER WARRANTIES, EITHER EXPRESSED OR IMPLIED, ARE MADE WITH RESPECT TO THE SOFTWARE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT, OR ANY OTHER WARRANTIES THAT MAY ARISE FROM USAGE OF TRADE OR COURSE OF DEALING.  THE AUTHOR DOES NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF OR THE RESULTS OF THE USE OF THE SOFTWARE IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE AND DOES NOT WARRANT THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE.  THE AUTHOR EXPRESSLY DISCLAIMS ANY WARRANTIES NOT STATED HEREIN. YOU ASSUME THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE SOFTWARE.  THE AUTHOR IS NOT OBLIGATED TO UPDATE THE SOFTWARE NOR IS THE AUTHOR OBLIGATED TO SUPPORT THE SOFTWARE.

6. Limitation of Liability. The entire liability of the Author and his licensors, distributors, and suppliers (including his and their directors, officers, employees, and agents) is set forth above. To the maximum extent permitted by applicable law, in no event shall the Author and his licensors, distributors, and suppliers (including his and their directors, officers, employees, and agents) be liable for any damages, including, but not limited to, any special, direct, indirect, incidental, exemplary, or consequential damages, expenses, lost profits, lost savings, business interruption, lost business information, or any other damages arising out of the use or inability to use the Software, even if the Author or its licensors, distributors, and suppliers has been advised of the possibility of such damages. You acknowledge that the license fee (if any) for the Software reflects this allocation of risk. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply.  If the foregoing limitation of liability is not enforceable because the Software is determined by a court of competent jurisdiction in a final, non-appealable judgment to be defective and to have directly caused bodily injury, death, or property damage, in no event shall the Author's liability for property damage exceed the license fee (if any) paid for the Software.  This limitations of the liability of the Author will apply regardless of the form of action, whether in contract or in tort, including negligence.

7. Warning. (1) THE AUTHOR'S PRODUCTS ARE NOT DESIGNED WITH COMPONENTS AND TESTING FOR A LEVEL OF RELIABILITY SUITABLE FOR USE IN OR IN CONNECTION WITH SURGICAL IMPLANTS OR AS CRITICAL COMPONENTS IN ANY LIFE SUPPORT SYSTEMS WHOSE FAILURE TO PERFORM CAN REASONABLY BE EXPECTED TO CAUSE SIGNIFICANT INJURY TO A HUMAN.  (2) IN ANY APPLICATION, INCLUDING THE ABOVE, RELIABILITY OF OPERATION OF THE SOFTWARE PRODUCTS CAN BE IMPAIRED BY ADVERSE FACTORS, INCLUDING BUT NOT LIMITED TO FLUCTUATIONS IN ELECTRICAL POWER SUPPLY, COMPUTER HARDWARE MALFUNCTIONS, COMPUTER OPERATING SYSTEM SOFTWARE FITNESS, FITNESS OF COMPILERS AND DEVELOPMENT SOFTWARE USED TO DEVELOP AN APPLICATION, INSTALLATION ERRORS, SOFTWARE AND HARDWARE COMPATIBILITY PROBLEMS, MALFUNCTIONS OR FAILURES OF ELECTRONIC MONITORING OR CONTROL DEVICES, TRANSIENT FAILURES OF ELECTRONIC SYSTEMS (HARDWARE AND/OR SOFTWARE), UNANTICIPATED USES OR MISUSES, OR ERRORS ON THE PART OF THE USER OR APPLICATIONS DESIGNER (ADVERSE FACTORS SUCH AS THESE ARE HEREAFTER COLLECTIVELY TERMED "SYSTEM FAILURES").  ANY APPLICATION WHERE A SYSTEM FAILURE WOULD CREATE A RISK OF HARM TO PROPERTY OR PERSONS (INCLUDING THE RISK OF BODILY INJURY AND DEATH) SHOULD NOT BE RELIANT SOLELY UPON ONE FORM OF ELECTRONIC SYSTEM DUE TO THE RISK OF SYSTEM FAILURE.  TO AVOID DAMAGE, INJURY, OR DEATH, THE USER OR APPLICATION DESIGNER MUST TAKE REASONABLY PRUDENT STEPS TO PROTECT AGAINST SYSTEM FAILURES, INCLUDING BUT NOT LIMITED TO BACK-UP OR SHUT DOWN MECHANISMS.  BECAUSE EACH END-USER SYSTEM IS CUSTOMIZED AND DIFFERS FROM THE AUTHOR'S TESTING PLATFORMS AND BECAUSE A USER OR APPLICATION DESIGNER MAY USE THE AUTHOR'S PRODUCTS IN COMBINATION WITH OTHER PRODUCTS IN A MANNER NOT EVALUATED OR CONTEMPLATED BY THE AUTHOR, THE USER OR APPLICATION DESIGNER IS ULTIMATELY RESPONSIBLE FOR VERIFYING AND VALIDATING THE SUITABILITY OF THE AUTHOR'S PRODUCTS WHENEVER THE AUTHOR'S PRODUCTS ARE INCORPORATED IN A SYSTEM OR APPLICATION, INCLUDING, WITHOUT LIMITATION, THE APPROPRIATE DESIGN, PROCESS AND SAFETY LEVEL OF SUCH SYSTEM OR APPLICATION.  (3) THE SOFTWARE IS NOT FAULT-TOLERANT AND IS NOT DESIGNED, MANUFACTURED, NOR INTENDED FOR USE IN A SYSTEM REQUIRING FAILSAFE PERFORMANCE.  (4) TECHNICAL INFORMATION PROVIDED BY THE AUTHOR IS ADVISORY ONLY AND SHOULD NOT BE RELIED ON FOR ANY DESIGN, PROCESS OR PRODUCTION.

8. Termination of License.  The Author may terminate this Agreement at any time by delivering notice to you.  You may terminate this Agreement by destroying or erasing all copies of the Software.   Further, this Agreement shall automatically terminate upon failure by you to comply with its terms.  OBJECT CODE SOFTWARE PROVIDED FOR EVALUATION MAY CONTAIN CODE THAT WILL, AFTER A CERTAIN TIME PERIOD, DEACTIVATE THE OBJECT CODE SOFTWARE AND RENDER THE OBJECT CODE SOFTWARE UNUSABLE.  ALTHOUGH THE OBJECT CODE SOFTWARE WILL ATTEMPT TO WARN YOU OF THE TIME-FRAME IN WHICH IT WILL BE DISABLED, YOU ACKNOWLEDGE AND AGREE THAT THE OBJECT CODE SOFTWARE MAY BE DEACTIVATED OR RENDERED UNUSABLE WITH OR WITHOUT WARNING.  Upon such deactivation, this Agreement will be considered terminated. Upon termination of this Agreement, the license granted to you in Section 2 above will immediately terminate and you agree to destroy or erase all copies of the Software that you have made.  Sections 3, 4, 5, 6, 8, and 9 shall, however, survive the termination of this Agreement.

9. U.S. Government Restricted Rights.  The Software is provided with RESTRICTED RIGHTS.  Use, duplication, or disclosure by the Government is subject to restrictions as set forth in the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013(c)(1)(ii) or the Commercial Computer Software - Restricted Rights clause at 48 CFR 52.227-19(c)(2), or clause 18-52.227-86(d) of the NASA Supplement, as applicable.  Contractor/manufacturer is Kevin A. Johnson, 3633 Trails End Drive, Medina, OH 44256-8770.

10.  Governing Law and General Provisions. THIS AGREEMENT IS GOVERNED BY THE LAWS OF THE STATE OF OHIO, EXCLUSIVE OF ANY PROVISIONS OF THE UNITED NATIONS CONVENTION ON THE INTERNATIONAL SALE OF GOODS, AND WITHOUT REGARD TO PRINCIPLES OF CONFLICTS OF LAW, AND CONSTITUTES THE COMPLETE AGREEMENT BETWEEN YOU AND THE AUTHOR.   It supersedes any oral or written proposals, prior agreements, purchase orders or any other communication between you and the Author relating to the subject matter of this Agreement. If any action is brought by either party to this Agreement against the other regarding the subject matter hereof, the prevailing party shall be entitled to recover, in addition to any relief granted, reasonable attorney fees and court costs.  If any provision of this Agreement is held invalid, the offending clause will be modified so as to be enforceable and, as modified, shall be fully enforced, and the remainder of this Agreement will continue in full force and effect. You agree that the Software will not be downloaded, transferred, or exported into any country or used in any manner prohibited by the United States Export Administration Act, as amended from time to time (the "ACT"), or any other export laws, restrictions, or regulations.   If you are downloading the Software, you represent and warrant that you are not located in or under the control of any country which the Act prohibits the exportation of the Software to. Product and company names used in the Software or, if applicable, in this Agreement are trademarks or trade names of their respective companies.