Liquid XML Data Binder 2008 6.0.5

LIQUID TECHNOLOGIES LIMITED END-USER LICENSE AGREEMENT

FOR LIQUID XML 2006

IMPORTANT: This Liquid Technologies Limited End User License Agreement

("EULA") is a legal agreement between you and Liquid Technologies Limited

for the software product identified above, which includes computer software and

may include associated media, printed materials, and "online" or electronic

LIQUID TECHNOLOGIES LIMITED END-USER LICENSE AGREEMENT

FOR LIQUID XML 2006

IMPORTANT: This Liquid Technologies Limited End User License Agreement

("EULA") is a legal agreement between you and Liquid Technologies Limited

for the software product identified above, which includes computer software and

may include associated media, printed materials, and "online" or electronic

documentation (collectively, the "SOFTWARE"). PLEASE READ THIS EULA

CAREFULLY BEFORE COMPLETING THE INSTALLATION PROCESS

AND USING THE SOFTWARE. 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, then do not install or use the SOFTWARE.

SOFTWARE LICENSE

1. DEFINITIONS

(a) “LIQUID TECHNOLOGIES” means Liquid Technologies Limited.

(b) “REDISTRIBUTABLE FILES” means the generated source code files

compiled into a binary form and the associate LIQUID

TECHNOLOGIES Run-Time files.

(c) “END USER PRODUCT” means a software application developed by

you of which the REDISTRIBUTABLE FILES form a part.

(d) “END USER” means a person who uses the END USER PRODUCT.

(e) “DEVELOPER” means a person who uses the REDISTRIBUTABLE

FILES to produce an END USER PRODUCT.

(f) "TRIAL EDITION" means a version of the SOFTWARE, so identified,

for use under a limited Trial License only to review, demonstrate and

evaluate the SOFTWARE for a limited time period of 30 days.

(g) “EDUCATION EDITION” means a version of the SOFTWARE, so

identified, for use by students and faculty of educational institutions,

only and not for any commercial application.

2. LICENSE GRANTS

This EULA grants you the following limited, non-exclusive rights subject to the terms

and conditions set forth in this EULA:

(a) Your license rights under this EULA are NON-EXCLUSIVE and

NON-TRANSFERABLE.

(b) You may install and use the SOFTWARE on a single computer; OR

install and store the SOFTWARE on a storage device, such as a

network server, used only to install the SOFTWARE on your other

computers over an internal network, provided you have a licence for

each separate computer on which the SOFTWARE is installed and run.

A licence for the SOFTWARE may not be shared, installed or used

concurrently on different computers.

(c) You are granted a non-exclusive, royalty-free right to make copies of

the REDISTRIBUTABLE FILES, and distribute those copies to your

END USERS; provided that (i) you only distribute the

REDISTRIBUTABLE FILES in conjunction with, and as part of your

END USER PRODUCT which adds significant and primary

functionality to the REDISTRIBUTABLE FILES; (ii) you ensure all

copyright notices are retained; (iii) you include a valid copyright notice

on your END USER PRODUCT or include recognition that portions

are the copyright of LIQUID TECHNOLOGIES; (iv) you include a

license agreement with your END USER PRODUCT that does not

permit further distribution of the REDISTRIBUTABLE FILES by your

END USER; (v) you indemnify, hold harmless, and defend LIQUID

TECHNOLOGIES from and against any claims or lawsuits, including

attorney’s fees, that arise as a result from the use or distribution of your

END USER PRODUCT.

3. LICENSE RESTRICTIONS

(a) Other than as set forth in Section 2, you may not make or distribute

copies of the SOFTWARE, or electronically transfer the SOFTWARE

from one computer to another or over a network.

(b) You shall not allow any REDISTRIBUTABLE FILES to be used by a

DEVELOPER who does not have a licensed version of the

SOFTWARE.

(c) You shall not use the SOFTWARE to develop any END USER

PRODUCT having the same primary function as the SOFTWARE.

(d) You may not alter, merge, modify, adapt or translate the SOFTWARE,

or decompile, reverse engineer, disassemble, or otherwise reduce the

SOFTWARE to a human-perceivable form.

(e) You may not rent, lease, lend, sell, resell, or otherwise transfer whether

for value or otherwise, the SOFTWARE to third parties without

LIQUID TECHNOLOGIES’S written approval and subject to written

agreement by the recipient of the terms of this EULA.

(f) You shall not (i) install or use more than one copy of the TRIAL

EDITION, (ii) download the TRIAL EDITION under more than one

username, (iii) alter the computer system to enable the use of the

TRIAL EDITION for a period in excess of 30 days, (iv) use or

distribute any END USER PRODUCT of the TRIAL EDITION for

any commercial purpose, and (v) use the TRIAL EDITION for a

purpose other than the sole purpose of determining whether to

purchase a license to a commercial or education version of the

software; provided, however, notwithstanding the foregoing, you are

strictly prohibited from installing or using the TRIAL EDITION for

any commercial training purpose.

(g) An EDUCATION EDITION may not be used for, or distributed to any

party for, any commercial purpose.

(h) END USER PRODUCT of the EDUCATION VERSION may not be

distributed or used for any commercial purpose.

(i) LIQUID TECHNOLOGIES may terminate this EULA if you fail to

comply with any term or condition of this EULA. In such event, you

must destroy all copies of the SOFTWARE.

4. COPYRIGHT AND INTELLECTUAL PROPERTY RIGHTS

The SOFTWARE is protected by copyright laws and international copyright treaties,

as well as other intellectual property laws and treaties. The SOFTWARE is licensed,

not sold. Furthermore, this EULA does not grant you any rights in connection with

any trademarks or service marks of LIQUID TECHNOLOGIES. LIQUID

TECHNOLOGIES reserves all intellectual property rights, including copyrights, and

trademark rights.

5. NO WARRANTIES

YOU ACCEPT THE SOFTWARE "AS IS," AND LIQUID TECHNOLOGIES

LIMITED (AND ITS THIRD PARTY SUPPLIERS AND LICENSORS) MAKE NO

WARRANTY AS TO ITS USE, PERFORMANCE, OR OTHERWISE. TO THE

MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LIQUID

TECHNOLOGIES LIMITED (AND ITS THIRD PARTY SUPPLIERS AND

LICENSORS) DISCLAIM ALL OTHER REPRESENTATIONS, WARRANTIES,

AND CONDITIONS, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE,

INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OR

CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS

FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. THE

ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE

SOFTWARE PRODUCT REMAINS WITH YOU.

6. LIMITATION OF LIABILITY

THIS LIMITATION OF LIABILITY IS TO THE MAXIMUM EXTENT

PERMITTED BY APPLICABLE LAW. IN NO EVENT SHALL LIQUID

TECHNOLOGIES LIMITED (OR ITS THIRD PARTY SUPPLIERS AND

LICENSORS) BE LIABLE FOR ANY COSTS OF SUBSTITUTE PRODUCTS OR

SERVICES, OR FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR

CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT

LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS

INTERRUPTION, OR LOSS OF BUSINESS INFORMATION) ARISING OUT OF

THIS EULA OR THE USE OF OR INABILITY TO USE THE SOFTWARE

PRODUCT OR THE FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IF

LIQUID TECHNOLOGIES LIMITED HAS BEEN ADVISED OF THE

POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, LIQUID TECHNOLOGIES

LIMITED'S (AND ITS THIRD PARTY SUPPLIERS' AND LICENSORS') ENTIRE

LIABILITY ARISING OUT OF THIS EULA SHALL BE LIMITED TO THE

GREATER OF U.S. $500 OR THE AMOUNT PAID BY YOU FOR THE

SOFTWARE THAT CAUSED SUCH DAMAGE.

7. DOCUMENTATION AND EXAMPLES

LIQUID TECHNOLOGIES LIMITED BEARS NO LIABILITY FOR ANY

TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, OR FOR

DAMAGES RESULTING FROM USE OF THE INFORMATION IN ANY

PROVIDED DOCUMENTATION AND/OR EXAMPLES.

8. REFUND POLICY

A free limited TRIAL EDITION is granted when you download this SOFTWARE.

We recommend that you use this to evaluate the product before making a purchase.

Refunds will be given at the discretion of the Company Management.

9. TERMINATION OR EXPIRY

(a) The Licensor may by notice in writing to the Licensee terminate this

Licence if any of the following events shall occur, viz.:

(i) if the Licensee is in breach of any term, condition or provision

of this Licence or required by the applicable law and fails to

remedy such breach (if capable of remedy) within 30 days of

having received written notice of such breach from the

Licensor;

(ii) if the Licensee, being a body corporate, shall present a petition

or have a petition presented by a creditor for its winding up, or

shall convene a meeting to pass a resolution for voluntary

winding up, or shall enter into any liquidation (other than for

the purposes of a bona fide reconstruction or amalgamation);

shall call a meeting of its creditors, or shall have a receiver of

all or any of its undertakings or assets appointed, or shall be

deemed by the relevant statutory provisions under the

applicable law to be unable to pay its debts.

(b) Upon termination or expiry, the Licensee shall immediately cease to

use the Software, delete all copies of it and shall pay to the Licensor all

costs and expenses, including legal and other fees incurred and all

arrears of fees, charges or other payments arising in respect of the

Software, this Licence or otherwise.

(c) Termination or expiry, howsoever or whenever occasioned shall be

subject to any rights and remedies the Licensor may have under this

Licence or in law.

10. ASSIGNMENT

The Licensee shall not assign or otherwise transfer all or part of the Software or this

Licence without the prior written consent of the Licensor.

11. WAIVER

Failure or neglect by the Licensor to enforce at any time any of the provisions hereof

shall not be construed nor shall be deemed to be a waiver of the Licensor's rights

hereunder nor in any way affect the validity of the whole or any part of this Licence

nor prejudice the Licensor's rights to take subsequent action.

12. SEVERABILITY

In the event that any of these terms, conditions or provisions shall be determined by

any competent authority to be invalid, unlawful or unenforceable to any extent, such

term, condition or provision shall to that extent be severed from the remaining terms,

conditions and provisions which shall continue to be valid to the fullest extent

permitted by law.

13. NOTICES

Any notice to be given by either party to the other may be sent by recorded delivery to

the address of the other party as appearing herein or such other address as such party

may from time to time have communicated to the other in writing and if so sent shall

be deemed to be served 3 days following the date of posting.

14. LAW

The parties hereby agree that the Licence concluded between them and constituted on

these terms and conditions shall be construed in accordance with English Law.

Copyright © 2001-2006 Liquid Technologies Limited. All rights reserved.