BRAIN KAIZEN END USER LICENSE AGREEMENT

NOTICE TO USERS: CAREFULLY READ THE FOLLOWING LEGAL AGREEMENT. USE OF THE SOFTWARE PROVIDED WITH THIS AGREEMENT (THE 'SOFTWARE') CONSTITUTES YOUR ACCEPTANCE OF THESE TERMS. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT INSTALL AND/OR USE THIS SOFTWARE. USER'S USE OF THIS SOFTWARE IS CONDITIONED UPON COMPLIANCE BY USER WITH THE TERMS OF THIS AGREEMENT.

COPYRIGHT/OWNERSHIP

The Software and its source code, any accompanying printed materials and all copies of the Software and printed materials are proprietary products owned and copyrighted by Aitor Guzman (“AG”) and are protected by copyright and trade secret laws and international treaty provisions. The Software is licensed and not sold. Your License confers no title or ownership in the Software and should not be construed as a sale of any right in the Software. You acknowledge that no title to the intellectual property in the Software is transferred to you. You further acknowledge that title and full ownership rights to the Software will remain the exclusive property of AG and you will not acquire any rights to the Software except as expressly set forth in this License. You agree that any copies of the Software will contain the same proprietary notices which appear on and in the Software.

The Licensee may not use, copy, emulate, reproduce, clone, rent, lease, sell, sublicense, translate, modify, decompile, disassemble, otherwise reverse engineer, extract images, texts, or transfer the licensed program, or any subset of the licensed program, adapt or create derived works based on the Software or documentation, in whole or in part, for any purpose and in any manner. Any such unauthorized use shall result in immediate and automatic termination of this License and may result in criminal and/or civil prosecution.

GRANT AND RESPONSIBILITIES OF LICENSE

AG grants you a non-exclusive license to use this Software, and any associated documentation, as indicated herein. If you have purchased a Single User License, one copy of the Software may be installed and used, for internal use only, on a single computer. The Software is in 'use' on a single computer when it has been loaded into temporary memory (i.e. RAM) or installed into permanent memory (hard disk or other device) of that computer. The Licensee may not make any unauthorized copies of the Software, except that the Licensee may make either one copy of the Software solely for backup or archival purposes or transfer the Software to a single hard disk provided you keep the original solely for backup or archival purposes.

TERM

This License is effective until terminated. You may terminate it at any time by destroying the Software, together with all copies thereof. This License 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, together with all copies thereof.

SOFTWARE TRIAL VERSION (UNACTIVATED)

The Software includes protection mechanisms to prevent the use of the Software after the trial evaluation period unless the appropriate password (activation code) is entered. Licensee rights to use any part of the Software after the expiration of the evaluation period is subject to the payment of all applicable fees and registering as a user. Unregistered use of this Software after the trial evaluation period is in violation of copyright laws.

TRIAL VERSION DISTRIBUTION

You are hereby licensed to make as many copies of the Trial Version (and ONLY this version) as you wish and distribute it to anyone provided that all files are not modified. You must distribute the install form of the Trial Version (you must distribute the SELF-INSTALLING .exe file, not the files resulting of an installation).

No person or company may charge a fee for the distribution of the Trial Version without written permission from the copyright holder. You are not allowed to sell the Trial Version.

Press is authorized to distribute it on any Cover Disk, CD-ROM, DVD or Web site without permission from AG. Shareware Catalog Web Sites are authorized to distribute it as a download file without permission from AG.

You MAY: (a) install and use the unactivated Software (Trial Version) for evaluation purpose only during 1 day after the installation; (b) provide copies of the unactivated Software to others by any mean (Cover Disc, CD-ROM, DVD, Web site...) for their evaluation use so long as you: 1) provide exact, unmodified copies of the unactivated Software in the form of the self-installing .exe file received from AG, including all accompanying files, this agreement, and all copyright, proprietary, and other notices; 2) do not charge or collect any monetary or other compensation for or in connection with AG, apart from a modest reproduction or handling fee; 3) reference AG as the sole source of the Software.

You MAY NOT: (a) upload the Trial Version in any peer-to-peer or file sharing websites; (b) place anywhere a link to a page of a peer-to-peer or file sharing websites containing the Trial Version.

TRIAL VERSION RESTRICTIONS

You MAY NOT: (a) use the Trial Version after the evaluation period of 1 day; (b) sell this Trial Version package; (c) cause or permit reverse engineering, disassemble, decompilation or alteration of this Software; (d) remove any product identification, copyright notices, or other notices or proprietary restrictions from this Software; (e) copy the documentation accompanying the Software.

ACTIVATED VERSION OF THE SOFTWARE

You MAY: (a) make a copy of the software for archival purpose only; (b) install one copy of the Software for internal use only, on a single computer.

ACTIVATED VERSION RESTRICTIONS

You MAY NOT: (a) copy, upload and distribute anywhere the Software or any portion of it; (b) place anywhere a link to a page containing the activated version of the Software; (c) sublicense, lease, rent, or transfer this Software to another; (d) cause or permit reverse engineering, disassemble, decompilation or alteration of this Software; (e) remove any product identification, copyright notices, or other notices or proprietary restrictions from this Software; (f) copy the documentation accompanying the Software.

DISCLAIMER OF WARRANTY

THE SOFTWARE IS PROVIDED 'AS IS' WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT OF THIRD PARTY RIGHTS, OR OF ANY OTHER TYPE, WHETHER EXPRESSED OR IMPLIED, AND TO ANY REMEDY AGAINST THE DISTRIBUTOR AND/OR ITS LICENSORS, WHETHER IN CONTRACT, TORT OR OTHERWISE. AG DOES NOT WARRANT, GUARANTEE OR MAKE ANY REPRESENTATIONS THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET THE LICENSEE'S REQUIREMENTS OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE. THE USER MUST ASSUME THE ENTIRE RISK OF USING THE SOFTWARE.

NO LIABILITY FOR CONSEQUENTIAL DAMAGES

THE LICENSEE AGREES THAT NEITHER THE DISTRIBUTOR OR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION OR DELIVERY OF THE SOFTWARE SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, REVENUE, DATA OR USE, BUSINESS INTERRUPTION, LOSS OR INACCURACY OF INFORMATION) INCURRED BY THE LICENSEE OR ANY THIRD PARTY IN CONNECTION WITH OR ARISING OUT OF THE USE OF THE SOFTWARE, EVEN IF THE DISTRIBUTOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TERMINATION OF LICENSE

The License will terminate automatically if the Licensee fails to comply with any provisions of the License or upon transfer of the Software and documentation.

ACKNOWLEDGMENT

The Licensee acknowledges that the Licensee has read the Agreement in full, has fully understood its terms and agrees to be bound thereby. The Agreement contains the complete and exclusive agreement between the parties and supersedes all proposals or prior agreements, oral or written, and any other communications between the parties and supersedes all proposals or prior agreements, oral and written, and any other communications between the parties relating to the subject matter of the Agreement.