IMPORTANT

READ THESE TERMS CAREFULLY BEFORE DOWNLOADING AND/OR USING
THIS SOFTWARE. BY DOWNLOADING OR USING THIS SOFTWARE, YOU
ACKNOWLEDGE THAT YOU HAVE READ THIS LICENSE AGREEMENT, THAT
YOU UNDERSTAND IT AND AGREE TO BE BOUND BY ITS TERMS. IF
YOU(AN INDIVIDUAL PERSON QUALIFIED TO USE THE SOFTWARE AS
SET FORTH HEREIN, WHO WILL BE REFERRED TO IN THIS AGREEMENT
AS 'YOU') DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS
LICENSE AGREEMENT, PROMPTLY EXIT THE PROGRAM AND RETURN TO
NOVIXYS SOFTWARE, INC. ('THE COMPANY') ALL COPIES OF THE
SOFTWARE, DOCUMENTATION AND ANY SOFTWARE KEY(S) RELATED TO
THE SOFTWARE. THE SOFTWARE PROVIDED HEREUNDER WILL EXPIRE
AND NOT OPERATE AFTER FOURTEEN (14) DAYS FROM INSTALLATION.
THE PURCHASE OF A SOFTWARE KEY IS REQUIRED FOR USE OF THE
SOFTWARE AFTER THE FOURTEEN (14)-DAY TRIAL PERIOD.

Grant of License for Registered Users

Novixys Software, Inc. ('The Company') grants you a
non-exclusive, non-transferable license to use the program
with which this license is distributed (the '[PRODUCT] '),
including any documentation files accompanying the Software
('User Guide') on a single server or personal computer to
support up to the number of simultaneous users for which you
have paid the license fee, and to make one backup copy of
the Software, provided that: (i) the Software is installed
on only one server or personal computer; (ii) the Software
is NOT modified in any manner including and not limited to
tampering, de-compilation, hacking or damage of any other
kind; (iii) the Software is not used in any manner to secure
access to a protected system in contravention of applicable
laws; (iv) all copyright notices are maintained on the
Software; (v) you agree to be bound by the terms of this
License Agreement. The Software and Documentation shall be
used only by you, only for your own personal or business
use.

License Grant for Remote Desktop

You may use remote access features in Microsoft Windows,
such as the Remote Desktop, Terminal Services, or
NetMeeting, to support up to the number of users for which
you have paid the license fee.

Ownership

You have no ownership rights in the Software. Rather, you
have a license to use the Software as long as this License
Agreement remains in full force and effect. Ownership of
the Software, Documentation and all intellectual property
rights therein shall remain at all times with the
Company. Any other use of the Software by any person,
business, corporation, government organization or any other
entity is strictly forbidden and is a violation of this
License Agreement.

Copyright

The Software and Documentation contain material that is
protected by International Copyright and Trade Secret Laws,
and by International Treaty provisions. All rights not
granted to you herein are expressly reserved by the
Company. You may not remove any proprietary notice of the
Company from any copy of the Software or Documentation.

Restrictions

You may not publish, display, disclose, rent, lease, modify,
loan, distribute, or create derivative works based on the
Software or any part thereof. You may not reverse engineer,
decompile, translate, adapt, or disassemble the Software,
nor shall you attempt to create the source code from the
object code for the Software. You may not transmit the
Software over any network or between any devices, although
you may use the Software to make such transmissions of other
materials.

Upgrades

To use Software identified as an upgrade, you must first be
licensed for the software eligible for the upgrade. After
installing the upgrade, you may no longer use the original
software that formed the basis for your upgrade eligibility,
except as part of the upgraded software.

Separation of Components

The Software is licensed as a single product. Its component
parts may not be separated for use on more than one device.

Confidentiality

You acknowledge that the Software contains proprietary trade
secrets of the Company and you hereby agree to maintain the
confidentiality of the Software using at least as great a
degree of care as you use to maintain the confidentiality of
your own most confidential information. You agree to
reasonably communicate the terms and conditions of this
Software License Agreement to those persons employed by you
who come into contact with the Software, and to use
reasonable best efforts to ensure their compliance with such
terms and conditions, including, without limitation, not
knowingly permitting such persons to use any portion of the
Program for the purpose of deriving the source code of the
Program or defeating the Key.

LIMITED WARRANTY

NOVIXYS SOFTWARE, INC. WARRANTS FOR A PERIOD OF THIRTY (30)
DAYS AFTER PURCHASE THAT THE SOFTWARE WILL OPERATE
SUBSTANTIALLY IN ACCORDANCE WITH THE DOCUMENTATION. SHOULD
THE SOFTWARE NOT SO OPERATE, YOUR EXCLUSIVE REMEDY, AND THE
COMPANY'S SOLE OBLIGATION UNDER THIS WARRANTY, SHALL BE, AT
THE COMPANY'S SOLE DISCRETION, CORRECTION OF THE DEFECT OR
REFUND OF THE PURCHASE PRICE PAID FOR THE SOFTWARE. ANY USE
BY YOU OF THE SOFTWARE IS AT YOUR OWN RISK. THIS LIMITED
WARRANTY IS THE ONLY WARRANTY PROVIDED BY THE COMPANY
REGARDING THE SOFTWARE. EXCEPT FOR THE LIMITED WARRANTY
ABOVE, THE SOFTWARE IS PROVIDED 'AS IS.' TO THE MAXIMUM
EXTENT PERMITTED BY LAW, THE COMPANY DISCLAIMS ALL OTHER
WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED,
INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE
COMPANY DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE
SOFTWARE WILL MEET ANY REQUIREMENTS OR NEEDS YOU MAY HAVE,
OR THAT THE SOFTWARE WILL OPERATE ERROR FREE, OR IN AN
UNINTERRUPTED FASHION, OR THAT ANY DEFECTS OR ERRORS IN THE
SOFTWARE WILL BE CORRECTED, OR THAT THE SOFTWARE IS
COMPATIBLE WITH ANY PARTICULAR PLATFORM. SOME JURISDICTIONS
DO NOT ALLOW THE WAIVER OR EXCLUSION OF IMPLIED WARRANTIES
SO THEY MAY NOT APPLY TO YOU.

EXCLUSION OF ALL DAMAGES

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO
EVENT SHALL THE COMPANY OR ITS SUPPLIERS BE LIABLE TO YOU OR
ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, DIRECT,
INDIRECT, SPECIAL, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (
INCLUDING, WITHOUT LIMITATION, DAMAGES FOR ANY INJURY TO
PERSON OR PROPERTY, DAMAGES FOR LOSS OF PROFITS, BUSINESS
INTERRUPTION, LOSS OF BUSINESS INFORMATION, FOR LOSS OF
PRIVACY FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH
OR OF REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY PECUNIARY
OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY
RELATED TO THE USE OF OR IN ABILITY TO USE THE SOFTWARE,
WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT
LIABILITY OR OTHERWISE, EVEN IF THE COMPANY OR ANY SUPPLIER
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS
EXCLUSION OF DAMAGES SHALL BE EFFECTIVE EVEN IF ANY REMEDY
FAILS OF ITS ESSENTIAL PURPOSE.

LIMITATION AND RELEASE OF LIABILITY

To the full extent allowed by law, YOU HEREBY RELEASE THE
COMPANY AND ITS SUPPLIERS FROM ANY AND ALL LIABILITY ARISING
FROM OR RELATED TO ALL CLAIMS CONCERNING THE SOFTWARE OR ITS
USE. IF YOU DO NOT WISH TO ACCEPT THE SOFTWARE UNDER THE
TERMS OF THIS EULA, DO NOT INSTALL THE SOFTWARE. THE
COMPANY'S AGGREGATE LIABILITY WITH RESPECT TO ITS
OBLIGATIONS UNDER THIS AGREEMENT OR OTHERWISE WITH RESPECT
TO THE SOFTWARE AND DOCUMENTATION OR OTHERWISE SHALL NOT
EXCEED THE AMOUNT OF THE LICENSE FEE PAID BY YOU FOR THE
SOFTWARE AND DOCUMENTATION.

FAULT TOLERANCE

THIS SOFTWARE IS NOT FAULT TOLERANT AND IS NOT DESIGNED,
MANUFACTURED, OR INTENDED FOR USE OR RESALE AS ONLINE
CONTROL EQUIPMENT IN HAZARDOUS ENVIRONMENTS REQUIRING
FAIL-SAFE PERFORMANCE, SUCH AS IN THE OPERATION OF NUCLEAR
FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS,
AIR TRAFFIC CONTROL, DIRECT LIFE SUPPORT MACHINES, OR
WEAPONS SYSTEMS, IN WHICH THE FAILURE OF THIS SOFTWARE COULD
LEAD DIRECTLY TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL
OR ENVIRONMENTAL DAMAGE.

EXPORT RESTRICTIONS

THIS LICENSE AGREEMENT IS EXPRESSLY MADE SUBJECT TO ANY
LAWS, REGULATIONS, ORDERS, OR OTHER RESTRICTIONS ON THE
EXPORT FROM THE UNITED STATES OF THE SOFTWARE OR INFORMATION
ABOUT SUCH SOFTWARE WHICH MAY BE IMPOSED FROM TIME TO TIME
BY THE GOVERNMENT OF THE UNITED STATES. YOU SHALL NOT
EXPORT THE SOFTWARE, DOCUMENTATION, OR INFORMATION ABOUT THE
SOFTWARE AND DOCUMENTATION WITHOUT THE CONSENT OF THE
COMPANY AND COMPLIANCE WITH SUCH LAWS, REGULATIONS, ORDERS,
OR OTHER RESTRICTIONS.

Termination

This License Agreement is effective until it is terminated.
You may terminate this License Agreement at any time by
destroying or returning to the Company all copies of the
Software and Documentation in your possession or under your
control. The Company may terminate this License Agreement
for any reason, including, but not limited to, if the
Company finds that you have violated any of the terms of
this License Agreement. Upon notification of termination,
you agree to destroy or return to the Company all copies of
the Software and Documentation and to certify in writing
that all known copies, including backup copies, have been
destroyed. All provisions relating to confidentiality,
proprietary rights, and non-disclosure shall survive the
termination of this Software License Agreement.

General

This License Agreement shall be construed, interpreted and
governed by the laws of the state of California (United
States) without regard to conflicts of law provisions
thereof. The exclusive forum for any disputes arising out of
or relating to this License Agreement shall be an
appropriate jurisdictional court of California. This
License Agreement shall constitute the entire Agreement
between the parties hereto. Any waiver or modification of
this License Agreement shall only be effective if it is in
writing and signed by both parties hereto. If any part of
this License Agreement is found invalid or unenforceable by
a court of competent jurisdiction, the remainder of this
License Agreement shall be interpreted so as to reasonably
effect the intention of the parties.