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End-User License Agreement

End-User License Agreement

Copyright (c) 2002-2005, Xentronix. All rights reserved.

PLEASE READ THIS LICENSE CAREFULLY BEFORE USING XENTRONIX SOFTWARE. BY USING THE SOFTWARE, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, PROMPTLY RETURN THE UNUSED SOFTWARE TO THE PLACE WHERE YOU OBTAINED IT AND YOUR MONEY WILL BE REFUNDED.

1. License.

The application, demonstration, system and other software accompanying this License, whether on disk, in read only memory, or on any other media (the "Software"), the related documentation and data files are licensed to you by Xentronix and its Licensors.

You own the disk on which the Software and data files are recorded but Xentronix and/or Xentronix' licensors retain title to the Software, related documentation and data files. This License allows you to use the Software and data files on a single computer. You may make one copy of the Software and data files in machine-readable form for backup purposes.

You must reproduce on such copy the Xentronix copyright notice and any other proprietary legends that were on the original copy of the Software and data files. You may also transfer all your license rights in the Software and data files, the backup copy of the Software and data files, the related documentation and a copy of this License to another party, provided the other party reads and agrees to accept the terms and conditions of this License.

2. Restrictions.

The Software contains copyrighted material, trade secrets, and other proprietary material. In order to protect them, and except as permitted by applicable legislation, you may not decompile, reverse engineer, disassemble or otherwise reduce the Software to a human-perceivable form. You may not modify, network, rent, lease, loan, distribute or create derivative works based upon the Software in whole or in part. You may not electronically transmit the Software from one computer to another or over a network.

3. SDK & Plugin Redistribution.

In all cases of plugin redistribution and in order to protect Xentronix and Xentronix' Licensors intellectual property rights in the plugin API's herein, you must reproduce on each copy a copyright notice that clearly states

"Copyright (c) by [Licensee Name] and its Licensors,"

and distribute such plugins pursuant to a valid agreement that is at least as protective of Xentronix and Xentronix' Licensors rights in the plugin API's as this License.

Licensees cannot distribute any files or any derivations thereof to the Sample code, Plugin Software Devlopment Kit (SDK) or documentation without express written permission from an authorized officer of Xentronix.

4. Termination.

This License is effective until terminated. You may terminate this License at any time by destroying the Software, related documentation and data files and all copies thereof. This License will terminate immediately without notice from Xentronix if you fail to comply with any provision of this License. Upon termination you must destroy the Software, related documentation and data files and all copies thereof.

5. Limited Warranty on Media.

Xentronix warrants the compact disc on which the Software and data files are recorded to be free from defects in materials and workmanship under normal use for a period of ninety (90) days from the date of purchase as evidenced by a copy of the receipt. Xentronix entire liability and your exclusive remedy will be replacement of the diskettes and/or compact disc not meeting Xentronix limited warranty and which is returned to Xentronix with a copy of the receipt. Xentronix will have no responsibility to replace a disk/disc damaged by accident, abuse or misapplication.

ANY IMPLIED WARRANTIES ON THE COMPACT DISC, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF DELIVERY. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY BY JURISDICTION.

6. Disclaimer of Warranty on Xentronix Software.

You expressly acknowledge and agree that use of the Software and data files is at your sole risk. The Software, related documentation, SDK and data files are provided "AS IS" and without warranty of any kind and Xentronix and Xentronix' Licensor(s) (for the purposes of provisions 5 and 6, Xentronix and Xentronix' Licensor(s) shall be collectively referred to as "Xentronix") EXPRESSLY DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. XENTRONIX DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE AND THE DATA FILES WILL BE CORRECTED. FURTHERMORE, XENTRONIX DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SOFTWARE AND DATA FILES OR RELATED DOCUMENTATION IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY XENTRONIX OR A XENTRONIX AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. SHOULD THE SOFTWARE PROVE DEFECTIVE, YOU (AND NOT XENTRONIX OR A XENTRONIX AUTHORIZED REPRESENTATIVE) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.

7. Limitation of Liability.

UNDER NO CIRCUMSTANCES INCLUDING NEGLIGENCE, SHALL XENTRONIX BE LIABLE FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OR INABILITY TO USE THE SOFTWARE OR RELATED DOCUMENTATION, EVEN IF XENTRONIX OR A XENTRONIX AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

In no event shall Xentronix' total liability to you for all damages, losses, and causes of action (whether in contract, tort (including negligence) or otherwise) exceed that portion of the amount paid by you which is fairly attributable to the Software and data files.

8. Complete Agreement.

This License constitutes the entire agreement between the parties with respect to the use of the Software, the related documentation and data files, and supersedes all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. No amendment to or modification of this License will be binding unless in writing and signed by a duly authorized representative of Xentronix.