*** VISIO SINGLE-USER SOFTWARE LICENSE ***

For purposes of this license agreement, "SOFTWARE" refers to any and all executable files, add-ons, stencils, templates, SmartShapes(tm), filters, tutorials, help files and other files that accompany the specified version of the Visio product.


1. GRANT OF LICENSE

Visio grants you the following rights with respect to the Software:

For each license acquired, you may use one copy of the Software on a single computer.  The primary user of a computer on which a copy of the Software is installed may make a second copy for his or her exclusive use on either a home or portable computer.

You may also store or install a copy of the Software on a storage device, such as a network server, used only to install or run the Software on your computers over an internal network; however, you must acquire and dedicate a license for each separate computer on which the Software is installed or run from the storage device.  A license for the Software may not be shared or used concurrently on different computers.

You shall inform all users of the software of the terms and conditions of this Visio License Agreement.


2. COPYRIGHT

The Software is owned by Visio Corporation and is protected by United States copyright laws and international treaty provisions.  There is no transfer to you of any title to or ownership of the Software.  You must treat the Software like any other copyrighted materials (e.g., a book or musical recording) except that you may make one copy of the Software solely for backup or archival purposes as long as you otherwise comply with the terms and conditions of this License Agreement.  You may not copy the written materials accompanying the Software.


3. OTHER RESTRICTIONS

You may not rent or lease the software, but you may transfer your rights under this Visio Single User License Agreement on a permanent basis provided you transfer this software license card, all copies of the Software, and all written materials and retain no copies, and the recipient agrees to the terms of this Agreement.  Any transfer of the Software must include the most recent update and all prior versions. You may not modify, adapt, translate, reverse-code, decompile, or disassemble the Software, or make any attempt to discover the source code to the Software.

This Agreement constitutes the entire Agreement between Visio and you and supersedes any and all prior agreements between Visio and you concerning the contents of this package.


4. TERM

This License is in effect until terminated.  You may terminate it at any time by destroying the Software and all copies you have made.  It will also terminate if you fail to comply with any term or condition of this Agreement.  Upon such termination, you agree to destroy the Software and all copies you have made.


5. LIMITED WARRANTY

VISIO WARRANTS THAT THE SOFTWARE WILL PERFORM SUBSTANTIALLY ACCORDING TO THE ACCOMPANYING WRITTEN MATERIALS FOR SIXTY (60) DAYS FROM THE DATE OF ORIGINAL PURCHASE.

Visio's entire liability, and your exclusive remedy shall be, at Visio's option, either (1) return of the price paid, or (2) repair or replacement of the Software that does not meet Visio's Limited Warranty and that is returned to Visio with proof of purchase.  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.

VISIO DISCLAIMS ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED (INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OR MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE) CONCERNING THIS SOFTWARE AND ITS ACCOMPANYING WRITTEN MATERIALS.  Some jurisdictions do not allow limitations on duration of an implied warranty, so the above limitation may not apply to you.  This limited warranty gives you specific legal rights.  You may have others, which vary by jurisdiction.

IN NO EVENT SHALL VISIO OR ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, 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 THIS VISIO PRODUCT, EVEN IF VISIO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.


6. U.S. GOVERNMENT RESTRICTED RIGHTS

The Software and documentation are provided with RESTRICTED RIGHTS.  Use, duplication, or disclosure by the Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of The Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software-Restricted Rights at 48 CFR 52.227-19, as applicable.  The contractor/manufacturer is Visio Corporation, 520 Pike Street, Suite 1800, Seattle, WA  98101-4001, USA.

THIS AGREEMENT IS GOVERNED BY THE LAWS OF THE STATE OF WASHINGTON WITHOUT REFERENCE TO THE 1980 UN CONVENTION ON THE INTERNATIONAL SALE OF GOODS.

For more information about Visio's licensing policies, please call Visio Product Licensing at (206) 521-4500, send a fax to Visio Product Licensing at (206) 521-4501, or write:  Visio Corporation, Attn: Product Licensing, 520 Pike Street, Suite 1800, Seattle, WA  98101-4001, USA.  For international information write:  Visio International Ltd. 20-22 Lower Hatch Street, Dublin 2, Ireland or call +353 1 6612036.  You can also send a fax to the attention of:  Visio International Product Licensing at +353 1 6612047.

For more information about Visio's money-back guarantee, please call Visio Customer Service at 1-800-24-VISIO, send a fax to Visio Customer Service at (716) 586-0820, or write: Visio Corporation, Attn: Customer Service, P.O. Box 1500, Fairport, NY 14450-9826.