Thank you for having a look at Money Tree.  This is a fully functional preview of the program with only one restriction as explained in the Readme.txt file in the Money Tree Information Folder.

Please read the following licensing agreement BEFORE installing this program.  By pressing the "Continue" button you are agreeing to abide by the terms of use as described below.


SOFTWARE LICENSE AGREEMENT AND WARRANTY STATEMENT (End-User BETA Test License/Redistribution Prohibited)

MT. BAKER SOFTWARE, INC. IS WILLING TO LICENSE THE SOFTWARE ONLY UPON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS CONTAINED IN THIS LICENSE AGREEMENT. PLEASE READ THE TERMS CAREFULLY BEFORE OPENING THE PRODUCT PACKAGE AND INSTALLING THE SOFTWARE, AS OPENING THE PRODUCT PACKAGE AND INSTALLING THE SOFTWARE WILL INDICATE YOUR AGREEMENT WITH THEM.  IF YOU DO NOT AGREE WITH THESE TERMS, THEN MBS IS UNWILLING TO LICENSE THE SOFTWARE TO YOU, IN WHICH EVENT YOU SHOULD REMOVE THE SOFTWARE FROM YOUR COMPUTER.

1. The Software.  The Software licensed under this Agreement consists of computer programs, data compilation(s), and documentation referred to as Money Tree, PublicBeta(the "Software").

2. BETA Test Use.  You are authorized to use the Software on a royalty-free basis for purposes of testing and evaluation. You agree to provide MBS with comments, criticisms, suggestions for improvements to the Software, and identification of all Software errors discovered in Your use of the Software.  You hereby waive any claim of ownership even if any of Your suggestions are incorporated in the Software.

3. Limited Term.  The term of the license granted herein shall be for the limited term of sixty (60) days unless prior to the expiration of this time this license is terminated by written notice by You for convenience or terminated by either party for material breach.  Upon expiration of the limited term, the Software may automatically disable itself.  Within ninety (90) days of the termination of the beta test period, You will delete all copies of the Software from your computer. This is to allow You to transfer any database information you wish to retain to the Gold version of the Software.

4. License Grant (Single, Standalone CPU).  You are granted non-exclusive rights to install and use the Software on a single computer only; however, if the software is permanently installed on the hard disk or other storage device of a computer (other than a network server), and one person uses that computer more than 80% of the time, then that person may also use the Software on a portable or home computer. You may not install the Software on a network or transmit the Software electronically from one computer to another or over a network.  You may copy the Software for archival purposes, provided that any copy must contain the original Software's proprietary notices in unaltered form.

5. Restrictions.  You may not: (i) permit others to use the Software, except as expressly provided above for authorized network use; (ii) modify or translate the Software; (iii) reverse engineer, decompile, or disassemble the Software, except to the extent this restriction is expressly prohibited by applicable law; (iv) create derivative works based on the Software; (v) merge the Software with another product; (vi) copy the Software, except as expressly provided above; or (vii) remove or obscure any proprietary rights notices or labels on the Software.

6. Transfers.  You may not transfer the Software or any rights under this Agreement without the prior written consent of MBS, which consent shall not be unreasonably withheld.  A condition to any transfer or assignment shall be that the recipient agrees to the terms of this Agreement. Any attempted transfer or assignment in violation of this provision shall be null and void.

7. Ownership.  MBS and its suppliers own the Software and all intellectual property rights embodied therein, including copyrights and valuable trade secrets embodied in the Software's design and coding methodology.  The Software is protected by United States copyright laws and international treaty provisions. This Agreement provides You only a limited use license, and no ownership of any intellectual property.

LIMITED WARRANTY STATEMENT; LIMITATION OF LIABILITY. MBS warrants only to You that the Software shall perform substantially in accordance with accompanying documentation under normal use for a period of NINETY (90) DAYS from the purchase date.  The entire and exclusive liability and remedy for breach of this Limited Warranty shall be, at MBS's option, either (i) return of the list price of the Software, or (ii) replacement of defective Software and/or documentation provided the Software and/or documentation is returned to MBS with a copy of your purchase confirmation. MBS AND ITS SUPPLIERS SPECIFICALLY DISCLAIM THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. THERE IS NO WARRANTY OR GUARANTEE THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED, ERROR-FREE, OR VIRUS-FREE, OR THAT THE SOFTWARE WILL MEET ANY PARTICULAR CRITERIA OF PERFORMANCE OR QUALITY EXCEPT AS EXPRESSLY PROVIDED IN THE LIMITED WARRANTY. No action for the above Limited Warranty may be commenced after one (1) year following the expiration date of the warranty.  To the extent that this Warranty Statement is inconsistent with the jurisdiction where You use the Software, the Warranty Statement shall be deemed to be modified consistent with such local law. Under such local law, certain limitations may not apply, and you may have additional rights which vary from jurisdiction to jurisdiction. For example, some states in the United States and some jurisdictions outside the United States may: (i) preclude the disclaimers and limitations of this Warranty Statement from limiting the rights of a consumer; (ii) otherwise restrict the ability of a manufacturer to make such disclaimers or to impose such limitations; or (iii) grant the consumer additional legal rights, specify the duration of implied warranties which the manufacturer cannot disclaim, or prohibit limitations on how long an implied warranty lasts.

INDEPENDENT OF THE FORGOING PROVISIONS, IN NO EVENT AND UNDER NO LEGAL THEORY, INCLUDING WITHOUT LIMITATION, TORT, CONTRACT, OR STRICT PRODUCTS LIABILITY, SHALL MBS OR ANY OF ITS SUPPLIERS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER MALFUNCTION, OR ANY OTHER KIND OF COMMERCIAL DAMAGE, EVEN IF MBS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL MBS BE LIABLE FOR DAMAGES IN EXCESS OF MBS'S LIST PRICE FOR THIS SOFTWARE LICENSE. THIS LIMITATION SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

IN NO EVENT SHALL MBS'S LIABILITY FOR ACTUAL DAMAGES FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF ACTION, EXCEED THE AMOUNT OF THE PURCHASE PRICE PAID FOR THE SOFTWARE.

EXPORT CONTROLS.  The Software or underlying information or technology may not be exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, Yugoslavia, North Korea, Iran, Syria or any other country to which the United States has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Denial Orders.  By your acceptance of the Software as indicated above, You agree to the foregoing and that You are not located in, under the control of, or a national or resident of any such country or on any such list.

MISCELLANEOUS.  This Agreement constitutes the entire understanding of the parties with respect to the subject matter of this Agreement and merges all prior communications, representations, and agreements. This Agreement may be modified only by a written agreement signed by the parties. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable. This Agreement shall be construed under the laws of the State Of Washington, excluding rules regarding conflicts of law. The application the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded.

UNITED STATES GOVERNMENT USE.  MBS represents that the Software and its documentation were developed at private expense and no part of same is in the public domain. The Software is Commercial Computer Software provided with RESTRICTED RIGHTS under the Federal Acquisition Regulations and agency supplements to them. Use, duplication, or disclosure by the U.S. Government is subject to the restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 et. seq. or subparagraphs (c)(1) and (2) of the Commercial Computer Software-Restricted Rights at 48 CFR 52.227-19, as applicable.  Contractor is Mt. Baker Software, Inc., 417 Gates Street, Suite 2, PO Box 276, Mt Vernon, WA, 98273, U.S.A.

