END-USER LICENSE AGREEMENT FOR SYNC ESSENTIALS SOFTWARE

IMPORTANT READ CAREFULLY:
This End-User License Agreement (EULA) is a legal agreement between you (either an individual or a single entity) and Sync Essentials Inc. (Sync Essentials) regarding the Sync Essentials software you have acquired (the Software). The Software is the property of Sync Essentials or its licensors and is protected by copyright law. By installing, copying, or otherwise using the Software you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, you are not authorized to use the Software.

1. GRANT OF LICENSE:
This EULA grants you the following rights.
You MAY (a) Use the Software for your own personal use. If you wish to use the Software for more than one user, you will need an additional EULA for each user. (b) Make one copy of the Software for archive or back-up purposes. (c) Transfer the Software to someone else, only if you assign all of your rights under the EULA, cease all use of the Software, erase or destroy any copy (including the hard disk copy) made in support of your use of the Software, and the other person agrees to the terms of this EULA. (d) If the product is an upgrade, you may only use that upgraded product in accordance with this EULA.

2. RESTRICTIONS:
This EULA places the following restrictions on you.
You may NOT (a) Use the Software or make copies of it except as permitted in this EULA. (b) Copy any images, photographs, animations, video, audio, music, and text incorporated in the Software. All such materials are owned by Sync Essentials or its suppliers and are protected by copyright laws and international treaty provisions. (c) Translate, reverse engineer, decompile or dissemble the Software. (d) Rent, lease, lend, assign or transfer the Software, or copies thereof except as set out above. (e) Modify the Software or merge all or any part of the Software into another program.

3. TERMINATION:
This License shall continue for as long as you use the Software. However, it will terminate if you fail to comply with any of its terms or conditions. You agree, upon termination, to destroy all copies of the Software.

4. NO WARRANTY:
Any use of the Software is at your own risk. To the maximum extent permitted by applicable law, Sync Essentials and its suppliers disclaim all warranties and conditions, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

5. NO LIABILITY FOR CONSEQUENTIAL DAMAGES:
To the maximum extent permitted by applicable law, in no event shall Sync Essentials or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the use of or inability to use the Software, even if Sync Essentials has been advised of the possibility of such damages. Because some states and jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. In no case shall Sync Essentials’ liability exceed the purchase price for the Software. The disclaimers and limitations set forth above will apply regardless of whether you accept the Software.

6. MISCELLANEOUS:
This EULA is the entire agreement between us, supersedes any other agreement or discussions, oral or written, and may not be changed except by written signed agreement. This EULA shall be governed by and construed in accordance with the laws of the state of California, USA. If any provision of this EULA is declared by a court of competent jurisdiction to be invalid, illegal, or unenforceable, such provision shall be severed from the EULA, and the other provisions shall remain in full force and effect. If you have any questions concerning this EULA, or if you desire to contact Sync Essentials for any reason, please write.

7. Xerces License:
THIS SOFTWARE IS PROVIDED ``AS IS'' AND ANY EXPRESSED OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE APACHE SOFTWARE FOUNDATION OR ITS CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT
LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

This software consists of voluntary contributions made by many individuals on behalf of the Apache Software Foundation and was originally based on software copyright (c) 1999, International Business Machines, Inc., http://www.ibm.com. For more information on the Apache Software Foundation, please see <http://www.apache.org/>.