This License Agreement is your proof of license.

Please treat it as valuable property.

This is a legal agreement between you (either an individual or an entity) and MicroQuill Software Publishing, Inc. By opening the sealed software package and/or by using the SOFTWARE, you agree to be bound by the terms of the Agreement. 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 MicroQuill License Agreement ("License") permits you to use one copy of the specified version of the MicroQuill software product identified above, which may include user documentation provided in "online" or electronic form ("SOFTWARE"). The SOFTWARE is licensed as a single product. Its component parts may not be separated for use on more than one computer or by more than one user 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 considered "in use" if a user needs access to, or is writing code that calls, routines present in the SmartHeap header files and/or library files, even in cases where the SmartHeap header and/or library file names have been changed. 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 it is in use, then that person may also use the SOFTWARE on a portable or home computer.

2. UPGRADES. If the SOFTWARE is an upgrade from another product, whether from MicroQuill or another supplier, you may use or transfer the SOFTWARE only in conjunction with the upgraded product, unless you destroy it. If the SOFTWARE is an upgrade from a MicroQuill product, you may use that upgraded product only in accordance with this License.

3. COPYRIGHT. The SOFTWARE is owned by MicroQuill 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 the written materials accompanying the SOFTWARE, nor print copies of any user documentation provided in "online" or electronic form.

4. REDISTRIBUTABLE CODE. The Runtime SmartHeap DLL or shared library, or executable files created using the Runtime SmartHeap library are REDISTRIBUTABLE COMPONENTS, and may be redistributed as part of your Application without royalties or fees, provided

(a) you distribute the REDISTRIBUTABLE COMPONENTS only in conjunction with and as a part of your Application; (b) your Application adds significant and primary functionality to the REDISTRIBUTABLE COMPONENTS; (c) your Application does not make memory management functions based on SmartHeap calls (or renamed equivalents) accessible to its users; (d) your Application does not improve or replace the memory management in other applications; (e) your Application does not perform automated load or stress testing in the testing phase of software development or software fault analysis (f) your Application is not a language runtime library that manages memory for other applications written in that language; (g) you do not permit further redistribution of the REDISTRIBUTABLE COMPONENTS by your end-user customers; (h) you do not use MicroQuill’s or its suppliers’ name, logo, or trademarks to market your Application; (i) you include the copyright notice, "Portions copyright 1991-1997 Compuware Corporation" on your Application; (j) you remain solely responsible to anyone using your Application for support, service, upgrades, or technical or other assistance, and such recipients have no right to contact MicroQuill or its suppliers for such services or assistance; and (k) you agree to indemnify, hold harmless, and defend MicroQuill and its suppliers from and against any claims or lawsuits, including attorneys’ fees, that arise or result from the use or distribution of your Application.

You are expressly prohibited from redistributing the Debug SmartHeap DLL or shared library or executable files created using the Debug SmartHeap library.

MicroQuill reserves all rights not expressly granted to you.

5. OTHER RESTRICTIONS. This MicroQuill License Agreement 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. If you have shipped your Application with REDISTRIBUTABLE COMPONENTS, you cannot transfer this license. If you have not shipped your Application with REDISTRIBUTABLE COMPONENTS, you may transfer your rights on a permanent basis, but only with written permission from MicroQuill. Such transfer of your rights under this MicroQuill License Agreement on a permanent basis also requires: (a) that you transfer this License Agreement, the SOFTWARE, and all accompanying written materials and retain no copies; and (b) 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 reverse engineer, decompile, or disassemble the SOFTWARE.


LIMITED WARRANTY. MicroQuill warrants that (a) the SOFTWARE will perform substantially in accordance with the accompanying written materials 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 duration of an implied warranty, so the above limitation may not apply to you.

CUSTOMER REMEDIES. MicroQuill’s entire liability and your exclusive remedy shall be, at MicroQuill’s option, either (a) return of the price paid or (b) repair or replacement of the SOFTWARE that does not meet MicroQuill’s Limited Warranty and that is returned to MicroQuill 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 MicroQuill are available for this U.S.A. version product outside of the United States of America without proof of purchase from an authorized non-U.S. source.

NO OTHER WARRANTIES. MicroQuill 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 or the accompanying written materials. This limited warranty gives you specific legal rights. You may have others, which vary from state to state.

NO LIABILITY FOR CONSEQUENTIAL DAMAGES. In no event shall MicroQuill 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 this MicroQuill product, even if MicroQuill has been advised of the possibility of such damages. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.


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 242.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software—Restricted Rights at 48 CFR 52.227-19, as applicable. Contractor/manufacturer is MicroQuill Software Publishing, Inc., 11200 Kirkland Way, Suite310, Kirkland, Washington 98033.

This Agreement is governed by the laws of the State of Washington.

For more information about MicroQuill’s licensing policies, please call MicroQuill Software Publishing at (425) 827-7200, email at, or write to: MicroQuill Software Publishing, Inc., 10512 NE 68th, Suite 102C, Kirkland, Washington 98033.