SOFTWARE LICENSE AGREEMENT

This is a legal agreement (the "Agreement") between you, the purchaser, and mAxis Technology Company operated by Info-Glory Technology Ltd. ("mAxis"), which contains the terms and conditions that must be compiled with if you wish to download the Software from mAxis's website. Using the Software indicates that you accept these terms.

GRANT OF LICENSE

1. Development

You may install and use the Software, only in bytecode form, as an integral part of an Application, as follows:
  1. if you have purchased a Single Developer License, one and only one central processing unit ("CPU") can install and use the Software,
  2. if you have purchased a Five Developer License, five and only five CPUs under the same physical address can install and use the Software,
  3. if you have purchased a Developer Site License, unlimited number of CPUs under the same physical address can install and use the Software;
provided that
  1. your Application has clearly distinct and additional functionalities,
  2. the Desktop Extension application programming interfaces are not documented, exposed or made available by your Applications.

2. Deployment

You may copy and deploy the class libraries and dynamic linked libraries of the Desktop Extension as an integral part of your Applications, in bytecode form, to additional machines.

DEFINITIONS

1. Deployment

The Software has been "deployed" to a CPU when it is loaded into temporary memory (i.e. RAM) or installed into permanent memory (e.g. hard-disk CD-ROM, or other storage device) of a computer in which the CPU is resident.

2. Use

The Software shall be deemed to be "in use" on a computer when it has been loaded into an integrated development environment or it has been compiled, regardless of whether or not the Software has been compiled directly or compiled indirectly as a result of being incorporated into other software that is compiled directly.

COPYRIGHT

The Software is owned by mAxis and is protected by copyright and intellectual property laws and international treaty provisions. Therefore, you must treat the Software like any other copyrighted material except that you may install the Software on the number of computers indicated in this Agreement provided that you keep the original solely for backup or archival purposes. You may not copy the printed materials accompanying the Software.

LIMITATIONS

  1. You may not reverse engineer, decompile, or disassemble the Software, nor will you aid, abet, or permit others to do so, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
  2. mAxis may provide you with support services related to the Software ("Support Services"). Use of support services is governed by the mAxis policies and programs described in the user manual, "online" documentation, and/or other material provided by mAxis. Any supplemental Software code provided to you as part of the Support Services shall be considered part of the Software and subject to the terms and conditions of this Agreement. With respect to technical information you provide to mAxis, as part of the support services, mAxis may use such information for its business purposes, including for product support and development. mAxis will not utilize such technical information in a form that personally identifies you.

TERMINATION

This license is effective until terminated. You may terminate this license at any time by destroying the Software and related documentation. mAxis may terminate this license agreement if you fail to comply with the terms of this license agreement. Upon termination you must destroy the Software and related documentation.

DISCLAIMER OF WARRANTY

THE SOFTWARE AND RELATED DOCUMENTATION ARE PROVIDED "AS IS" AND WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MAXIS DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTY AGAINST INFRINGEMENT, WITH REGARD TO THE SOFTWARE. MAXIS DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET THE REQUIREMENTS, OR THAT THE OPERATION OF THE SOFTWARE WILL BE ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY

The entire liability of mAxis shall be limited to the amount paid by the customer for the Software. To the maximum extent permitted by applicable law, mAxis and its licensors, distributors, dealers, or suppliers are not liable for any indirect, special, incidental, or consequential damages (including damages for loss of business, loss of profits or investment, or the like). Some states do not allow the limitation and/or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you.

ENTIRE AGREEMENT

This Agreement contains the entire agreement and there are no other promises or conditions in any other agreement whether oral or written.