Third-party product terms of use

Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:  
- Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer. 
- Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the  documentation and/or other materials provided with the distribution.  
- Neither the name Simon Baird nor the names of other contributors may be used to endorse or promote products derived from this software without specific prior written permission.

THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "AS IS" AND ANY EXPRESS 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 SIMON BAIRD 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.

Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the "Software"), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions:

The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software.

THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.

Everyone is permitted to copy and distribute verbatim copies of this license document, but changing it is not allowed.

This version of the GNU Lesser General Public License incorporates the terms and conditions of version 3 of the GNU General Public
License, supplemented by the additional permissions listed below.

0. Additional Definitions.

As used herein, "this License" refers to version 3 of the GNU Lesser General Public License, and the "GNU GPL" refers to version 3 of the GNU General Public License.

"The Library" refers to a covered work governed by this License, other than an Application or a Combined Work as defined below.

An "Application" is any work that makes use of an interface provided by the Library, but which is not otherwise based on the Library. Defining a subclass of a class defined by the Library is deemed a mode of using an interface provided by the Library.

A "Combined Work" is a work produced by combining or linking an Application with the Library. The particular version of the Library with which the Combined Work was made is also called the "Linked Version".

The "Minimal Corresponding Source" for a Combined Work means the Corresponding Source for the Combined Work, excluding any source code for portions of the Combined Work that, considered in isolation, are based on the Application, and not on the Linked Version.

The "Corresponding Application Code" for a Combined Work means the object code and/or source code for the Application, including any data and utility programs needed for reproducing the Combined Work from the Application, but excluding the System Libraries of the Combined Work.

1. Exception to Section 3 of the GNU GPL.

You may convey a covered work under sections 3 and 4 of this License without being bound by section 3 of the GNU GPL.

2. Conveying Modified Versions.

If you modify a copy of the Library, and, in your modifications, a facility refers to a function or data to be supplied by an Application that uses the facility (other than as an argument passed when the facility is invoked), then you may convey a copy of the modified version:

a) under this License, provided that you make a good faith effort to ensure that, in the event an Application does not supply the function or data, the facility still operates, and performs
whatever part of its purpose remains meaningful, or

b) under the GNU GPL, with none of the additional permissions of this License applicable to that copy.

3. Object Code Incorporating Material from Library Header Files.

The object code form of an Application may incorporate material from a header file that is part of the Library. You may convey such object code under terms of your choice, provided that, if the incorporated material is not limited to numerical parameters, data structure layouts and accessors, or small macros, inline functions and templates (ten or fewer lines in length), you do both of the following:

a) Give prominent notice with each copy of the object code that the Library is used in it and that the Library and its use are covered by this License.

b) Accompany the object code with a copy of the GNU GPL and this license document.

4. Combined Works.

You may convey a Combined Work under terms of your choice that, taken together, effectively do not restrict modification of the portions of the Library contained in the Combined Work and reverse engineering for debugging such modifications, if you also do each of the following:

a) Give prominent notice with each copy of the Combined Work that the Library is used in it and that the Library and its use are covered by this License.

b) Accompany the Combined Work with a copy of the GNU GPL and this license document.

c) For a Combined Work that displays copyright notices during execution, include the copyright notice for the Library among these notices, as well as a reference directing the user to the copies of the GNU GPL and this license document.

d) Do one of the following:

0) Convey the Minimal Corresponding Source under the terms of this License, and the Corresponding Application Code in a form suitable for, and under terms that permit, the user to recombine or relink the Application with a modified version of the Linked Version to produce a modified Combined Work, in the manner specified by section 6 of the GNU GPL for conveying Corresponding Source.

1) Use a suitable shared library mechanism for linking with the Library. A suitable mechanism is one that (a) uses at run time a copy of the Library already present on the user's computer
system, and (b) will operate properly with a modified version of the Library that is interface-compatible with the Linked Version.

e) Provide Installation Information, but only if you would otherwise be required to provide such information under section 6 of the GNU GPL, and only to the extent that such information is necessary to install and execute a modified version of the Combined Work produced by recombining or relinking the Application with a modified version of the Linked Version. (If you use option 4d0, the Installation Information must accompany the Minimal Corresponding Source and Corresponding Application Code. If you use option 4d1, you must provide the Installation Information in the manner specified by section 6 of the GNU GPL for conveying Corresponding Source.)

5. Combined Libraries.

You may place library facilities that are a work based on the Library side by side in a single library together with other library facilities that are not Applications and are not covered by this License, and convey such a combined library under terms of your choice, if you do both of the following:

a) Accompany the combined library with a copy of the same work based on the Library, uncombined with any other library facilities, conveyed under the terms of this License.

b) Give prominent notice with the combined library that part of it is a work based on the Library, and explaining where to find the accompanying uncombined form of the same work.

6. Revised Versions of the GNU Lesser General Public License.

The Free Software Foundation may publish revised and/or new versions of the GNU Lesser General Public License from time to time. Such new versions will be similar in spirit to the present version, but may differ in detail to address new problems or concerns.

Each version is given a distinguishing version number. If the Library as you received it specifies that a certain numbered version of the GNU Lesser General Public License "or any later version" applies to it, you have the option of following the terms and conditions either of that published version or of any later version published by the Free Software Foundation. If the Library as you received it does not specify a version number of the GNU Lesser General Public License, you may choose any version of the GNU Lesser General Public License ever published by the Free Software Foundation.

If the Library as you received it specifies that a proxy can decide whether future versions of the GNU Lesser General Public License shall apply, that proxy's public statement of acceptance of any version is permanent authorization for you to choose that version for the Library.

This End-user License Agreement ("Agreement") is a legal agreement between you (either an individual developer or an organization known as "Customer") and MindFusion LLC for the MindFusion's programming components identified above (hereinafter referred to as "Software"). By installing, copying, redistributing or otherwise using the Software or any Software Updates, Customer agrees to be bound by the terms of this Agreement. If Customer does not agree to the terms of this Agreement, please do not install, copy, redistribute or use the Software, including all Software Updates that Customer receives as part of the Software (each, an "Update"). By installing, copying, or otherwise using an Update, Customer agrees to be bound by the additional license terms that accompany such Update. If Customer does not agree to the terms of the additional license terms that accompany the Update, disregard the Update and the additional license terms that accompany the Update. In this event, Customer's rights to use the Software shall continue to be governed by the then-existing Agreement.

1. Copyright   

(a) All rights, title, interests in and to copyrights in the Software (including but not limited to any software components, product documentation and associated media, sample files, extension files, tools and utilities, miscellaneous technical information, and any copies of the Software, are owned exclusively (or licensed) by MindFusion. The Software is protected by international copyright laws and treaty provisions. Therefore, you must treat the Software like any other copyrighted material. The Software is licensed, not sold.

(b) The Customer retains full ownership of the Intellectual Property Rights of applications they develop using MindFusion Software.

2. Grant of License

MindFusion LLC grants Customer the following rights:   

(a) Customer is granted the non-transferable, non-exclusive, and perpetual right to integrate the Software in their software products, to use these products in their own company and to distribute these products under their own trade name. The end users of the Customer products acquire no rights to the Software, except to use its run-time components with these products. 

(b) License fee is based on the number of developers that will use the Application Programming Interface provided by the Component. The total number of development workplaces is taken into account, while the number of computers is irrelevant. A single developer or a number of developers in an organization, in accordance with the purchased license, may use the Software in any software development process. Site license grants to Customer the right any developer at a single physical address of Customer organization to use the Software in any software development process. Enterprise license grants to Customer the right any developer at all branches of the organization world-wide to use the Software in any software development process.

(c) Apart from the per-developer license fee, Customer is NOT required to pay any additional distribution, runtime, royalty, or per-end-user license fees.    

(d) If the source code of the Software is purchased, Customer may create and redistribute custom builds of the Component runtime executable files (*.mindfusion.*.dll files) with their products. The metadata associated with custom builds of the Component assemblies must include the original copyright notice by MindFusion and the original product name. Without an explicit permission by MindFusion, Customer may not redistribute or resell versions of their custom Software build that can be used in software development processes by third parties. 

(e) Customer may create as many backup copies of the Software package as needed, as long as copies are not redistributed to third parties without explicit permission by MindFusion LLC    

(f) Solely with respect to electronic documents included with the Software, Customer may make an unlimited number of copies (either in hardcopy or electronic form), provided that such copies shall be used only for internal purposes and are not republished or distributed to any third party. MindFusion reserves all rights not expressly granted to Customer.

 3. Upgrades

With any Component license purchased, Customer is granted a twelve-month upgrade subscription. During the subscription period Customer receives in a timely manner any upgrades or patches of the Component released by MindFusion LLC Customer may use upgraded Software only in accordance with this Agreement. 

4. Other Restrictions

(a) The Software is the sole and exclusive property of MindFusion LLC, including, but not limited to, all applicable rights to patents, copyrights, trademarks and trade secrets and is provided for Customer's exclusive use for the purposes of this Agreement and will be held in confidence.

(b) Customer will not alter, remove or obscure any designation name or mark from any supplied material that identifies such material as belonging to or developed by MindFusion LLC Customer agrees not to disassemble, decompile, reverse engineer or otherwise reduce the Software to perceptible form. Customer agrees not to alter or modify the Software. 

(c) Customer may not transfer, rent, lease, or sublicense the Software.   

(d) In case Customer has purchased source code-packed copy of the Component, Customer agrees not to create any software products based on the Component source code, that are generally competitive the MindFusionLtd's software (e.g. diagramming, charting and time management software components) 

5. Termination

(a) All rights granted hereunder shall immediately terminate upon Customer's failure to comply with the terms and conditions of this Agreement. In such event, Customer agrees to destroy all copies of the Software in any form and all of its component parts.

6. Disclaimer of Warranty  

(a) NO WARRANTIES. THE SOFTWARE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MINDFUSION DISCLAIMS ALL WARRANTIES, EXPRESSED 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. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION.

(b) NO LIABILITY FOR DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MINDFUSION BE LIABLE FOR ANY 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 OR INABILITY TO USE THE SOFTWARE, EVEN IF MINDFUSION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

7. Miscellaneous 

Should you have any questions concerning this Agreement, or if you desire to contact MindFusion LLC for any other reason, please write to support@mindfusion.eu or call the MindFusion LLC Team at (+359) 877 65 22 51. CUSTOMER ACKNOWLEDGES THAT CUSTOMER HAS READ THIS AGREEMENT, UNDERSTAND IT AND AGREES TO BE BOUND BY ITS TERMS AND CONDITIONS. CUSTOMER FURTHER AGREES THAT IT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN CUSTOMER AND MINDFUSION LTD. WHICH SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN CUSTOMER AND MINDFUSION RELATING TO THE SOFTWARE. This Agreement may not be modified except by a writing signed by a duly authorized representative of MindFusion LLC

THIS DOCUMENT IS A LEGAL AGREEMENT (the "License Agreement") BETWEEN EXT JS, INC. ("We," "Us") AND YOU OR THE ORGANIZATION ON WHOSE BEHALF YOU ARE UNDERTAKING THE LICENSE DESCRIBED BELOW ("You") IN RELATION TO THE EXT JAVASCRIPT SOFTWARE (THE "Software"), IN BOTH SOURCE AND OBJECT CODE FORM, AND/OR ALL RELATED MATERIALS. BY DOWNLOADING, INSTALLING, COPYING OR OTHERWISE USING THE SOFTWARE, YOU ACCEPT THE FOLLOWING TERMS AND CONDITIONS. IF YOU DO NOT AGREE WITH ANY OF THE TERMS OR CONDITIONS OF THIS LICENSE AGREEMENT, DO NOT PROCEED WITH THE DOWNLOADING, COPYING, INSTALLATION OR ANY OTHER USE OF THE SOFTWARE OR ANY PORTION THEREOF. THE SOFTWARE IS PROTECTED BY UNITED STATES COPYRIGHT LAWS AND INTERNATIONAL COPYRIGHT LAWS, AS WELL AS OTHER INTELLECTUAL PROPERTY LAWS AND TREATIES. THE SOFTWARE IS LICENSED, NOT SOLD.

THIS LICENSE AGREEMENT DESCRIBES YOUR RIGHTS WITH RESPECT TO THE SOFTWARE AND ITS COMPONENTS.

We, Ext JS, Inc., grant You a non-exclusive, non-transferable license to the Software solely as set forth in sections 1(a), 1(b), 1(c), or 1(d), as applicable, and subject to the terms and conditions of this License Agreement.

1. OWNERSHIP, LICENSE GRANT This is a license agreement and not an agreement for sale. We reserve ownership of all intellectual property rights inherent in or relating to the Software, which include, but are not limited to, all copyright, patent rights, all rights in relation to registered and unregistered trademarks (including service marks), confidential information (including trade secrets and know-how) and all rights other than those expressly granted by this Agreement.  

a. Developer License:

Subject to the payment of the fee required for a Commercial Developer License and subject to the terms and conditions of this License Agreement, We grant to You a revocable, non- transferable and non-exclusive license 
(i) for a single developer within Your organization to install and use the Software on any workstations used exclusively by such developer and 
(ii) for You to install and use the Software in connection with unlimited domains and sub- domains on unlimited servers, solely in connection with distribution of the Software in accordance with sections 3 and 4 below. This license is not sublicensable except as explicitly set forth herein. 

 b. Team License:

Subject to the payment of the fee required for a Commercial Developer License and subject to the terms and conditions of this License Agreement, We grant to You a revocable, non- transferable and non-exclusive license  
(i) for up to five (5) developers within Your organization to install and use the Software on any workstations used exclusively by such  developers and 
(ii) for You to install and use the Software in connection with unlimited domains and sub-domains on unlimited servers, solely in connection with distribution of the Software in accordance with sections 3 and 4 below. This license is not sub-licensable except as explicitly set forth herein.

c. Workgroup License:

Subject to the payment of the fee required for a Commercial Developer License and subject to the terms and conditions of this License Agreement, We grant to You a revocable, non- transferable and non-exclusive license
(i) for up to twenty five (25) developers within Your organization to install and use the Software on any workstations used exclusively by such developers and
(ii) for You to install and use the Software in connection with unlimited domains and sub-domains on unlimited servers, solely in connection with distribution of the Software in accordance with sections 3 and 4 below. This license is not sub-licensable except as explicitly set forth herein.

d. Enterprise License:

Subject to the payment of the fee required for a Commercial Developer License and subject to the terms and conditions of this License Agreement, We grant to You a revocable, non- transferable and non-exclusive license
(i) for up to one hundred (100) developers within Your organization to install and use the Software on any workstations used exclusively by such developers and
(ii) for You to install and use the Software in connection with unlimited domains and sub-domains on unlimited servers, solely in connection with distribution of the Software in accordance with sections 3 and 4 below. This license is not sub-licensable except as explicitly set forth herein.

2. PERMITTED USES, SOURCE CODE, MODIFICATIONS  

We provide You with source code so that You can create Modifications of the original Software, where Modification means:
a) any addition to or deletion from the contents of a file included in the original Software or previous Modifications created by You, or
b) any new file that contains any part of the original Software or previous Modifications. While You retain all rights to any originalwork authored by You as part of the Modifications, We continue to own all copyright and other intellectual property rights in the Software.

3. DISTRIBUTION

You may distribute the Software in any applications, frameworks, or elements that you develop using the Software in accordance with this License Agreement, provided that such distribution does not violate the restrictions set forth in section 4 of this agreement. You must not remove, obscure or interfere with any copyright, acknowledgment, attribution, trademark, warning or disclaimer statement affixed to, incorporated in or otherwise applied in connection with the Software.

You are required to ensure that the Software is not reused by or with any applications other than those with which You distribute it as permitted herein. For example, if You install the Software on a customer's server, that customer is not permitted to use the Software independently of Your application, and must be informed as such.

You will not owe Ext JS, INC. any royalties for Your distribution of the Software in accordance with this License Agreement.

4. PROHIBITED USES

You may not, without prior written consent of Ext JS, INC., redistribute the Software or Modifications other than by including the Software or a portion thereof within Your own product, which must have substantially different functionality than the Software or Modifications and must not allow any third party to use the Software or Modifications, or any portions thereof, for software development purposes. You are explicitly not allowed to redistribute the Software or Modifications as part of any product that can be described as a development toolkit or library or is intended for use by software developers and not end-users. You are not allowed to redistribute any part of the Software documentation.

You may not:
a) use any part of the Software or Modifications or Your knowledge of the Software (or any information that You learn as a result of Your use of the Software) to create a product with the same or substantially the same functionality as the Software;
b) transfer, rent, lease, or sublicense the Software or Modifications, or any portions thereof;
c) change or remove the copyright notice from any of the files included in the Software or Modifications.

UNDER NO CIRCUMSTANCES MAY YOU USE THE SOFTWARE (INCLUDING WITHOUT LIMITATION THE SOURCE CODETHEREOF) AS THE BASIS FOR OR IN CONNECTION WITH A PRODUCT THAT CONTAINS THE SAME, ORSUBSTANTIALLY THE SAME, FUNCTIONALITY AS THE SOFTWARE.  

5. TERMINATION

This License Agreement and Your right to use the Software and Modifications will terminate immediately without notice if You fail to comply with the terms and conditions of this License Agreement. Upon termination, You agree to immediately cease using and destroy the Software or Modifications, including all accompanying documents. The provisions of sections 4, 5, 6, 7, and 8 will survive any termination of this License Agreement.  

6. DISCLAIMER OF WARRANTIES   TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EXT JS, INC., 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, TITLE AND NON-INFRINGEMENT, WITH REGARD TO THE SOFTWARE. EXT JS, INC., DOES NOT GUARANTEE THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU ACKNOWLEDGE THAT IT IS NOT TECHNICALLY PRACTICABLE FOR EXT JS, INC., TO DO SO.  

7. LIMITATION OF LIABILITIES   TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL EXT JS, INC., 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 LAW) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF EXT JS, INC., HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, EXT JS, INC'S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS LICENSE AGREEMENT SHALL BE LIMITED TO THE GREATER OF THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE OR FIVE ($5.00) DOLLARS (USD).

8 MISCELLANEOUS

The license granted herein applies only to the version of the Software downloaded or installed in connection with the terms of this Agreement. Any previous or subsequent license granted to You for use of the Software shall be governed by the terms and conditions of the agreement entered in connection with downloading or installation of that version of the Software.

You agree that you will comply with all applicable laws and regulations with respect to the Software, including without limitation all export and re-export control laws and regulations.

While redistributing the Software or Modifications thereof, You may choose to offer acceptance of support, warranty, indemnity, or other liability obligations and/or rights consistent with this Agreement. However, in accepting such obligations, You may act only on Your own behalf and on Your sole responsibility, not on our behalf. You agree to indemnify, defend, and hold Us harmless from and against any liability incurred by, or claims asserted against, Us by reason of Your accepting any such support, warranty, indemnity or additional liability.

You agree to be identified as a customer of ours and You agree that We may refer to You by name, trade name and trademark, if applicable, and may briefly describe Your business in our marketing materials and web site.

You may not assign this License Agreement without the prior written consent of Ext JS, INC.

This License Agreement will inure to the benefit of the successors and assigns of Ext JS, INC.

You acknowledge that this License Agreement is complete and is the exclusive representation of our agreement. No oral or written information given by Us or on our behalf shall create a warranty or collateral contract, or in any way increase the scope of this License Agreement in any way, and You may not rely on any such oral or written information.

If any provision in this License Agreement shall be determined to be invalid, such provision shall be deemed omitted; the remainder of this License Agreement shall continue in full force and effect.

This License Agreement may be modified only by a written instrument signed by an authorized representative of each party.

This Agreement is governed by the law of the State of California, United States (notwithstanding conflicts of laws provisions), and all parties irrevocably submit to the jurisdiction of the courts of the State of California and further agree to commence any litigation which may arise hereunder in the state or federal courts located in the judicial district of Santa Clara County, California, US.

If the Software or any related documentation is licensed to the U.S. government or any agency thereof, it will be deemed to be "commercial computer software" or "commercial computer software documentation," pursuant to SFAR Section 227.7202 and FAR Section 12.212. Any use of the Software or related documentation by the U.S. government will be governed solely by the terms of this License Agreement.

Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the "Software"), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions:

The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software.

THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.

IMPORTANT: THIS SOFTWARE END USER LICENSE AGREEMENT (“EULA”) IS A LEGAL AGREEMENT BETWEEN "YOU" (ENTITY OR PERSON, hereinafter collectively referred to as “YOU” or “YOUR” or “USER”) AND INFOSOFT GLOBAL (P) LTD ("INFOSOFT") WITH ITS HEAD OFFICE AT INFOSOFT GLOBAL (P) LTD., 17 BANGUR AVENUE, BLOCK D, GB-1, KOLKATA ¬700 055, WB, INDIA TO LICENSE THE  SOFTWARE AVAILABLE, WHICH INCLUDES COMPUTER SOFTWARE AND ASSOCIATED MEDIA AND “ONLINE” OR ELECTRONIC DOCUMENTATION (the “DOCUMENTATION”).

READ IT CAREFULLY BEFORE USING THE SOFTWARE. IT PROVIDES A LICENSE TO USE THE SOFTWARE AND CONTAINS WARRANTY INFORMATION AND LIABILITY DISCLAIMERS. BY INSTALLING AND USING THE SOFTWARE, YOU ARE CONFIRMING YOUR ACCEPTANCE OF THE SOFTWARE AND AGREEING TO BECOME BOUND BY THE TERMS OF THIS AGREEMENT.

THIS EULA SHALL APPLY ONLY TO THE SOFTWARE MENTIONED IN EXHIBIT A REGARDLESS OF WHETHER OTHER SOFTWARE IS REFERRED TO OR DESCRIBED HEREIN.

1. Definitions
(a) "InfoSoft" means INFOSOFT GLOBAL (P) LTD. and its licensors, if any.

(b) "Software" or "FusionCharts Software" means only the software program(s) as described in Exhibit A.

(c) “Documentation” means all end user and developer documentation supplied by InfoSoft for the FusionCharts Software, including subsequent revisions and updates thereto. 

(d) “Minor Version Upgrade” means an upgrade to the current version of the FusionCharts Software, as indicated by a change in version number to the right of the decimal point (eg. Version 3.1 to Version 3.2).

(e) “Major Version Upgrade” means an upgrade to a new version of the FusionCharts Software, as indicated by a change in version number to the left of the decimal point (eg. Version 3.0 to Version 4.0).

(f) "Trial Version" means a version, so identified, of the Software to be used to review and evaluate the Software, only.  

(g) "Commercial website or application" refers to a website or web application belonging to your corporation or an application located on any corporate Intranet, or for use by a corporation, that you have developed embedding InfoSoft software for yourself or for your clients   

(h) "SaaS application" refers to a web application developed by you, embedding InfoSoft software, which you deliver over web to your customers and charge a recurring subscription fees over any duration of time

(i) "Packaged software product" refers to a single application or suite of applications built by you to be used by many customers, businesses or consumers  

(j) "Named Physical location" refers to a single building owned by your corporation   

(k) "Domain" refers to a top level domain at the highest level in the hierarchical Domain Name System of the Internet e.g, www.domain.com.  

(l) "Sub-domain" refers to a domain that is part of a larger domain e.g, a.domain.com and b.domain.com are two different sub-domains, so are a1.a.domain.com and a2.a1.domain.com.

(m)“Intellectual Property Rights” means patents, trade or service marks, registered designs or applications for any of the foregoing, copyright, design rights, database right and any other industrial or intellectual property right.

(n)“Confidential Information” means all business information disclosed by one party to the other in connection with this Agreement which is either marked or designated as being confidential, or should reasonably be understood as confidential having regard to its nature or the circumstances in which it was disclosed. Without limiting the generality of the foregoing, Confidential Information shall include each party’s data and the details of such party’s proprietary software and computer operations.

2. Trial Version

(a) The trial versions of software may contain evaluation messages at the top of each chart. It may also contain links to InfoSoft and FusionCharts website.  

(b) You agree to not remove, obscure, or alter the messages from Trial Version of the software.

(c) You may use the unmodified trial version of the software without charge.

(d) You may redistribute the unmodified trial version of the software, provided you do not charge for it.   

(e) If you do not want the messages appearing in the charts, or you want to embed the software (or part of it) in a product that is not free, you must purchase a commercial license to use the software. Please refer to web site atwww.fusioncharts.com/buy for details.

3. License Grants

(a). The software developer, InfoSoft hereby grants to you a non-transferable and non-exclusive license to possess and use the Software in accordance with the terms and conditions of this Agreement. You agree that you are licensing the Software for its end use only and not for resale or redistribution.

(b) In case of Developer, Freelancer and Professional license, one software license is required per Developer. Developer and Freelancer license authorizes you to deploy the software on 1 (one) domain and 1 (one) sub-domain. Further domains and/or sub-domains need additional licenses. Professional license allows you to use the software on 5 (five) domains and unlimited sub-domains. Both Freelancer and Professional license allows deployment of the FusionCharts Software only as part of non-commercial website or application, as implied by 1(g).  

(c) Enterprise and Site licenses allow any number of developers situated in a named physical location to use the software. Site license allows deployment of the FusionCharts software for commercial purposes on one domain belonging to a corporation, unless otherwise implied by 4(e). Enterprise license allows deployment of the FusionCharts Software on multiple domains belonging to the licensee organization, unless otherwise implied by 4(e).  

(d) Enterprise and Site licenses authorize your end application to be deployed to any multiple servers or machines, provided that your end application is not licensed as a packaged software product, as implied by 3(f).  

(e) In the event of the web application delivered on a SaaS model, whereby end users of the licensee are charged a recurring subscription fees for any duration of time, FusionCharts SaaS license is applicable. FusionCharts SaaS license comprises of initial development license and deployment license. FusionCharts SaaS Development license, including both the source and without source version, allows any number of developers working on that particular SaaS application to develop using FusionCharts software. The deployment license, with its annual fees based on the number of paid users for the SaaS application developed by the licensee organization, allows deployment of the FusionCharts Software in the SaaS application.  

(f) In the event of the FusionCharts Software distributed along with the end software product, OEM license is applicable.

4. Restrictions

(a) In case of Single Developer License or Professional license, two developers CANNOT share the same license, even when not usingconcurrently. The software is licensed for each named developer. Only in the event of the developer not being associated with you (the licensee organization) by any means for any further duration, you can re-assign the license to another developer employed by you.  

(b) Freelancer and Professional license of Software CANNOT be used for deployment on Commercial website or applications.

(c) If the end application is a hosted application that charges subscription fees from end customers, a FusionCharts SaaS license isrequired.

(d) For redistribution of the FusionCharts software as part of any commercial or free product to multiple end users, an OEM licenseof FusionCharts is required. Further, the OEM license prohibits usage of the FusionCharts Software in an end product whose actualor perceived functionality is substantially similar to that of the FusionCharts Software.

(e) You shall not sell, lease, assign, transfer, sublicense, disseminate, translate, duplicate, reproduce or copy the Software (or permitany of the foregoing) any information pertaining thereto to any other party.

(f) You shall not modify, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from the software.

(g) You shall not transfer the Software Product to another user.

5. Source Code

Provided you have purchased a license to the source code as part of Enterprise license, you may make modifications, enhancements,derivative works and/or extensions to that licensed source code provided to you under the terms set forth in this section.

You will not grant, either expressly or impliedly, any rights, title, interest, or licenses to any such modifications, enhancements, derivative works and/or extensions to any third party. You will, however, be entitled to use such modifications, enhancements, derivative works and/or extensions under the terms set forth in this agreement. You hereby assign all right, title and interest in and to such modifications, enhancements, derivative works and/or extensions to the licensed source code to InfoSoft.

(a) You may not distribute the FusionCharts source code, or any modification, enhancement, derivative work and/or extension thereto, in source code form.

(b) The source code contained herein and in related files is provided to the registered developer for the sole purposes of education and troubleshooting. Under no circumstances may any portion of the source code be distributed, disclosed or otherwise made available to any third party without the express, prior written consent of FusionCharts.  

(c) Under no circumstances may the source code be used in whole or in part, as the basis for creating a product that provides the same, or substantially the same, functionality as any FusionCharts product. You will not take any action, or assist or otherwise aid anyone else in taking any action, that would limit FusionCharts’ independent development, sale, assignment, licensing or use of its own software or any modification, enhancement, derivative work and/or extension thereto.   

(d) You will not modify or delete, in whole or part, any copyright, trade secret, proprietary, confidential or other notice thereon or therein without the express, prior written consent of FusionCharts.

(e) If you purchase any license that includes source code in your organization, all licenses for the same product in your organization must be purchased with source code.

YOU UNDERSTAND AND ACKNOWLEDGE THAT SOURCE CODE IS LICENSED AS IS, AND THAT INFOSOFT DOES NOT PROVIDE ANY TECHNICAL SUPPORT FOR SOURCE CODE.

6. Academic License Eligibility  InfoSoft offers qualified Educational Institutions or Organizations and eligible Academic End Users the ability to buy educational licenses of InfoSoft products for educational instruction purposes. Educational versions of InfoSoft products can not be used for any commercial purpose. Programs and prices are subject to change without notice. Please contact us for eligibility requirements or if you have any other questions about the academic License Eligibility. Please contact at sales@fusioncharts.com.

7. Copyright

All title and copyrights in and to the Software (including but not limited to any images, photographs, animation, video, audio, music, text and "applets" incorporated into the SOFTWARE) and the accompanying printed materials are owned by InfoSoft or its suppliers. The Software is protected by United States copyright laws and international treaty provisions. All rights are reserved worldwide. You must treat the Software like any other copyrighted material, except that you may, in addition to the copies permitted in this license agreement, make one copy of the Software solely for backup or archival purposes. No part of the accompanying printed materials may be reproduced, transmitted, transcribed, stored in any retrieval system, or translated into any language by any means without the express prior written permission of InfoSoft.

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. Title to the software shall at all times remain with InfoSoft.

INFOSOFT SHALL NOT BE LIABLE FOR DAMAGES OF ANY KIND, INCLUDING GENERAL, DIRECT, SPECIAL,INCIDENTAL AND CONSEQUENTIAL DAMAGES, RESULTING FROM OR ARISING OUT OF THIS AGREEMENT OR YOURUSE OF THE SOFTWARE.

------------------ Exhibits ------------------

Exhibit A: Description of Software Product
FusionCharts v3 Site License, in source or object form, including all project files, SWF files and pertinent documentation, examples codes and demo applications.

Exhibit B: Upgrades
As a part of this Agreement, InfoSoft will provide free upgrades of FusionCharts Software v3.x and v4.0 to you, at no additional cost as soon as they are made available to other customers of InfoSoft.

Exhibit C: Support
InfoSoft offers two types of support: - Self-serve Support: 
- This support is available online on FusionCharts Software website (www.fusioncharts.com) and includes articles, tips and documentation on how to use FusionCharts Software. You can access this support option through our Knowledge Base (KB), Community Forums and Documentation hosted on our website 365/24/7. There may be short periods of downtime due to maintenance and possible internet outage. InfoSoft offers self-serve support 'as-is' and does not guarantee any specific level of uptime or warranty of any kind.
- Live Technical Support: Technical support will be provided by InfoSoft Support Staff via telephone and email. Live Technical Support is available to InfoSoft customers with active support subscription period as part of their license, or as a result of purchase of additional support subscription for the duration of the period of subscription. InfoSoft Support Staff will provide support to FusionCharts Software licensees only, and not their end customers. InfoSoft will support only those products released within the last calendar year. At its discretion, it can provide free upgrades to the latest version of FusionCharts Software to help resolve any problem. InfoSoft Support Staff will provide support only on FusionCharts Software, thereby not extending to technologies or products in whose conjunction the licensee is using FusionCharts Software.

Support hours are IST 10.00am to 6.30pm (IST = +5.30 GMT), Monday to Friday excluding statutory holidays and company holidays. Official support email is support@fusioncharts.com.

The procedure for getting support is: 
- You send an email with details of your technical problem to support@fusioncharts.com 
- The support system will assign your ticket a unique ID using which you will refer to the ticket  
- The ticket is then reviewed and analyzed by InfoSoft Support Staff and any further information is requested based on the nature of problem
- InfoSoft Support Staff will then give you an answer based on their understanding of the problem. If that answer is not satisfactory, you can revert to the Staff with additional details of the problem.
- If InfoSoft Support Staff determines that the support ticket is of a complex nature involving any coding, or it entails a bug fix, it will escalate the ticket to InfoSoft Development team for resolution.  
- InfoSoft Development team, in tandem with the Support Staff, will finally reply and help you resolve the problem 
- If the query still remains unresolved and/or you are unsatisfied with the response quality or time, you can send an email to cto@fusioncharts.com for further remedy

InfoSoft does not guarantee results under this agreement but merely agrees to use reasonable diligence in attempting to accomplish its obligations. InfoSoft shall not be liable for any damages caused by delay in delivering or furnishing any services referred to in this Agreement. The support subscription is non-transferrable, except in case of acquisition or sale of licensee company.

Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the "Software"), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions:

The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software.

THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.

Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the "Software"), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions:

The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software.

THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.

Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the "Software"), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions:

The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software.

THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.

Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the "Software"), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions:

The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software.

THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.

This End-user License Agreement ("Agreement") is a legal agreement between you (either an individual developer or an organization known as "Customer") and MindFusion LLC for the MindFusion's programming components identified above (hereinafter referred to as "Software"). By installing, copying, redistributing or otherwise using the Software or any Software Updates, Customer agrees to be bound by the terms of this Agreement. If Customer does not agree to the terms of this Agreement, please do not install, copy, redistribute or use the Software, including all Software Updates that Customer receives as part of the Software (each, an "Update"). By installing, copying, or otherwise using an Update, Customer agrees to be bound by the additional license terms that accompany such Update. If Customer does not agree to the terms of the additional license terms that accompany the Update, disregard the Update and the additional license terms that accompany the Update. In this event, Customer's rights to use the Software shall continue to be governed by the then-existing Agreement.

1. Copyright   

(a) All rights, title, interests in and to copyrights in the Software (including but not limited to any software components, product documentation and associated media, sample files, extension files, tools and utilities, miscellaneous technical information, and any copies of the Software, are owned exclusively (or licensed) by MindFusion. The Software is protected by international copyright laws and treaty provisions. Therefore, you must treat the Software like any other copyrighted material. The Software is licensed, not sold.

(b) The Customer retains full ownership of the Intellectual Property Rights of applications they develop using MindFusion Software.

2. Grant of License

MindFusion LLC grants Customer the following rights:   

(a) Customer is granted the non-transferable, non-exclusive, and perpetual right to integrate the Software in their software products, to use these products in their own company and to distribute these products under their own trade name. The end users of the Customer products acquire no rights to the Software, except to use its run-time components with these products. 

(b) License fee is based on the number of developers that will use the Application Programming Interface provided by the Component. The total number of development workplaces is taken into account, while the number of computers is irrelevant. A single developer or a number of developers in an organization, in accordance with the purchased license, may use the Software in any software development process. Site license grants to Customer the right any developer at a single physical address of Customer organization to use the Software in any software development process. Enterprise license grants to Customer the right any developer at all branches of the organization world-wide to use the Software in any software development process.

(c) Apart from the per-developer license fee, Customer is NOT required to pay any additional distribution, runtime, royalty, or per-end-user license fees.    

(d) If the source code of the Software is purchased, Customer may create and redistribute custom builds of the Component runtime executable files (*.mindfusion.*.dll files) with their products. The metadata associated with custom builds of the Component assemblies must include the original copyright notice by MindFusion and the original product name. Without an explicit permission by MindFusion, Customer may not redistribute or resell versions of their custom Software build that can be used in software development processes by third parties. 

(e) Customer may create as many backup copies of the Software package as needed, as long as copies are not redistributed to third parties without explicit permission by MindFusion LLC    

(f) Solely with respect to electronic documents included with the Software, Customer may make an unlimited number of copies (either in hardcopy or electronic form), provided that such copies shall be used only for internal purposes and are not republished or distributed to any third party.

MindFusion reserves all rights not expressly granted to Customer.

 3. Upgrades

With any Component license purchased, Customer is granted a twelve-month upgrade subscription. During the subscription period Customer receives in a timely manner any upgrades or patches of the Component released by MindFusion LLC Customer may use upgraded Software only in accordance with this Agreement. 

4. Other Restrictions

(a) The Software is the sole and exclusive property of MindFusion LLC, including, but not limited to, all applicable rights to patents, copyrights, trademarks and trade secrets and is provided for Customer's exclusive use for the purposes of this Agreement and will be held in confidence.

(b) Customer will not alter, remove or obscure any designation name or mark from any supplied material that identifies such material as belonging to or developed by MindFusion LLC Customer agrees not to disassemble, decompile, reverse engineer or otherwise reduce the Software to perceptible form. Customer agrees not to alter or modify the Software. 

(c) Customer may not transfer, rent, lease, or sublicense the Software.   

(d) In case Customer has purchased source code-packed copy of the Component, Customer agrees not to create any software products based on the Component source code, that are generally competitive the MindFusionLtd's software (e.g. diagramming, charting and time management software components) 

5. Termination

(a) All rights granted hereunder shall immediately terminate upon Customer's failure to comply with the terms and conditions of this Agreement. In such event, Customer agrees to destroy all copies of the Software in any form and all of its component parts.

6. Disclaimer of Warranty  

(a) NO WARRANTIES. THE SOFTWARE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MINDFUSION DISCLAIMS ALL WARRANTIES, EXPRESSED 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. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION.

(b) NO LIABILITY FOR DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MINDFUSION BE LIABLE FOR ANY 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 OR INABILITY TO USE THE SOFTWARE, EVEN IF MINDFUSION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

CUSTOMER ACKNOWLEDGES THAT CUSTOMER HAS READ THIS AGREEMENT, UNDERSTAND IT AND AGREES TO BE BOUND BY ITS TERMS AND CONDITIONS. CUSTOMER FURTHER AGREES THAT IT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN CUSTOMER AND MINDFUSION LTD. WHICH SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN CUSTOMER AND MINDFUSION RELATING TO THE SOFTWARE. This Agreement may not be modified except by a writing signed by a duly authorized representative of MindFusion LLC

_{Note: Should you have any questions concerning this Agreement, or if you desire to contact MindFusion LLC for any other reason, please write to support@mindfusion.eu or call the MindFusion LLC Team at (+359) 877 65 22 51.}

Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the "Software"), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions:

The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software.

THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.

Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the "Software"), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions:

The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software.

THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.

Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the "Software"), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions:

The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software.

THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.

Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the "Software"), to deal in the Software without
restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions:

The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software.

THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, HETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.

Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the "Software"), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions:

The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software.

THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.

Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the "Software"), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions:

The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software.

THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.

Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the “Software”), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions:

The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software.

THE SOFTWARE IS PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.

MOZILLA PUBLIC LICENSE
Version 1.1

1. Definitions.

1.0.1. "Commercial Use" means distribution or otherwise making the Covered Code available to a third party.

1.1. ''Contributor'' means each entity that creates or contributes to the creation of Modifications.

1.2. ''Contributor Version'' means the combination of the Original Code, prior Modifications used by a Contributor, and the Modifications made by that particular Contributor.

1.3. ''Covered Code'' means the Original Code or Modifications or the combination of the Original Code and Modifications, in each case including portions thereof.

1.4. ''Electronic Distribution Mechanism'' means a mechanism generally accepted in the software development community for the electronic transfer of data.

1.5. ''Executable'' means Covered Code in any form other than Source Code.

1.6. ''Initial Developer'' means the individual or entity identified as the Initial Developer in the Source Code notice required by Exhibit A.

1.7. ''Larger Work'' means a work which combines Covered Code or portions thereof with code not governed by the terms of this License.

1.8. ''License'' means this document.

1.8.1. "Licensable" means having the right to grant, to the maximum extent possible, whether at the time of the initial grant or subsequently acquired, any and all of the rights conveyed herein.

1.9. ''Modifications'' means any addition to or deletion from the substance or structure of either the Original Code or any previous Modifications. When Covered Code is released as a series of files, a Modification is:
A. Any addition to or deletion from the contents of a file containing Original Code or previous Modifications.

B. Any new file that contains any part of the Original Code or previous Modifications.

1.10. ''Original Code'' means Source Code of computer software code which is described in the Source Code notice required by Exhibit A as Original Code, and which, at the time of its release under this License is not already Covered Code governed by this License.

1.10.1. "Patent Claims" means any patent claim(s), now owned or hereafter acquired, including without limitation, method, process, and apparatus claims, in any patent Licensable by grantor.

1.11. ''Source Code'' means the preferred form of the Covered Code for making modifications to it, including all modules it contains, plus any associated interface definition files, scripts used to control compilation and installation of an Executable, or source code differential comparisons against either the Original Code or another well known, available Covered Code of the Contributor's choice. The Source Code can be in a compressed or archival form, provided the appropriate decompression or de-archiving software is widely available for no charge.

1.12. "You'' (or "Your") means an individual or a legal entity exercising rights under, and complying with all of the terms of, this License or a future version of this License issued under Section 6.1. For legal entities, "You'' includes any entity which controls, is controlled by, or is under common control with You. For purposes of this definition, "control'' means (a) the power, direct or indirect, to cause the direction or management of such entity, whether by contract or otherwise, or (b) ownership of more than fifty percent (50%) of the outstanding shares or beneficial ownership of such entity.

2. Source Code License.

2.1. The Initial Developer Grant.
The Initial Developer hereby grants You a world-wide, royalty-free, non-exclusive license, subject to third party intellectual property claims:
(a) under intellectual property rights (other than patent or trademark) Licensable by Initial Developer to use, reproduce, modify, display, perform, sublicense and distribute the Original Code (or portions thereof) with or without Modifications, and/or as part of a Larger Work; and

(b) under Patents Claims infringed by the making, using or selling of Original Code, to make, have made, use, practice, sell, and offer for sale, and/or otherwise dispose of the Original Code (or portions thereof).
(c) the licenses granted in this Section 2.1(a) and (b) are effective on the date Initial Developer first distributes Original Code under the terms of this License.

(d) Notwithstanding Section 2.1(b) above, no patent license is granted: 1) for code that You delete from the Original Code; 2) separate from the Original Code; or 3) for infringements caused by: i) the modification of the Original Code or ii) the combination of the Original Code with other software or devices.

2.2. Contributor Grant.
Subject to third party intellectual property claims, each Contributor hereby grants You a world-wide, royalty-free, non-exclusive license

(a) under intellectual property rights (other than patent or trademark) Licensable by Contributor, to use, reproduce, modify, display, perform, sublicense and distribute the Modifications created by such Contributor (or portions thereof) either on an unmodified basis, with other Modifications, as Covered Code and/or as part of a Larger Work; and

(b) under Patent Claims infringed by the making, using, or selling of Modifications made by that Contributor either alone and/or in combination with its Contributor Version (or portions of such combination), to make, use, sell, offer for sale, have made, and/or otherwise dispose of: 1) Modifications made by that Contributor (or portions thereof); and 2) the combination of Modifications made by that Contributor with its Contributor Version (or portions of such combination).

(c) the licenses granted in Sections 2.2(a) and 2.2(b) are effective on the date Contributor first makes Commercial Use of the Covered Code.

(d) Notwithstanding Section 2.2(b) above, no patent license is granted: 1) for any code that Contributor has deleted from the Contributor Version; 2) separate from the Contributor Version; 3) for infringements caused by: i) third party modifications of Contributor Version or ii) the combination of Modifications made by that Contributor with other software (except as part of the Contributor Version) or other devices; or 4) under Patent Claims infringed by Covered Code in the absence of Modifications made by that Contributor.

3. Distribution Obligations.

3.1. Application of License.
The Modifications which You create or to which You contribute are governed by the terms of this License, including without limitation Section 2.2. The Source Code version of Covered Code may be distributed only under the terms of this License or a future version of this License released under Section 6.1, and You must include a copy of this License with every copy of the Source Code You distribute. You may not offer or impose any terms on any Source Code version that alters or restricts the applicable version of this License or the recipients' rights hereunder. However, You may include an additional document offering the additional rights described in Section 3.5.

3.2. Availability of Source Code.
Any Modification which You create or to which You contribute must be made available in Source Code form under the terms of this License either on the same media as an Executable version or via an accepted Electronic Distribution Mechanism to anyone to whom you made an Executable version available; and if made available via Electronic Distribution Mechanism, must remain available for at least twelve (12) months after the date it initially became available, or at least six (6) months after a subsequent version of that particular Modification has been made available to such recipients. You are responsible for ensuring that the Source Code version remains available even if the Electronic Distribution Mechanism is maintained by a third party.

3.3. Description of Modifications.
You must cause all Covered Code to which You contribute to contain a file documenting the changes You made to create that Covered Code and the date of any change. You must include a prominent statement that the Modification is derived, directly or indirectly, from Original Code provided by the Initial Developer and including the name of the Initial Developer in (a) the Source Code, and (b) in any notice in an Executable version or related documentation in which You describe the origin or ownership of the Covered Code.

3.4. Intellectual Property Matters
(a) Third Party Claims.
If Contributor has knowledge that a license under a third party's intellectual property rights is required to exercise the rights granted by such Contributor under Sections 2.1 or 2.2, Contributor must include a text file with the Source Code distribution titled "LEGAL'' which describes the claim and the party making the claim in sufficient detail that a recipient will know whom to contact. If Contributor obtains such knowledge after the Modification is made available as described in Section 3.2, Contributor shall promptly modify the LEGAL file in all copies Contributor makes available thereafter and shall take other steps (such as notifying appropriate mailing lists or newsgroups) reasonably calculated to inform those who received the Covered Code that new knowledge has been obtained.

(b) Contributor APIs.
If Contributor's Modifications include an application programming interface and Contributor has knowledge of patent licenses which are reasonably necessary to implement that API, Contributor must also include this information in the LEGAL file.

(c) Representations.
Contributor represents that, except as disclosed pursuant to Section 3.4(a) above, Contributor believes that Contributor's Modifications are Contributor's original creation(s) and/or Contributor has sufficient rights to grant the rights conveyed by this License.

3.5. Required Notices.
You must duplicate the notice in Exhibit A in each file of the Source Code. If it is not possible to put such notice in a particular Source Code file due to its structure, then You must include such notice in a location (such as a relevant directory) where a user would be likely to look for such a notice. If You created one or more Modification(s) You may add your name as a Contributor to the notice described in Exhibit A. You must also duplicate this License in any documentation for the Source Code where You describe recipients' rights or ownership rights relating to Covered Code. You may choose to offer, and to charge a fee for, warranty, support, indemnity or liability obligations to one or more recipients of Covered Code. However, You may do so only on Your own behalf, and not on behalf of the Initial Developer or any Contributor. You must make it absolutely clear than any such warranty, support, indemnity or liability obligation is offered by You alone, and You hereby agree to indemnify the Initial Developer and every Contributor for any liability incurred by the Initial Developer or such Contributor as a result of warranty, support, indemnity or liability terms You offer.

3.6. Distribution of Executable Versions.
You may distribute Covered Code in Executable form only if the requirements of Section 3.1-3.5 have been met for that Covered Code, and if You include a notice stating that the Source Code version of the Covered Code is available under the terms of this License, including a description of how and where You have fulfilled the obligations of Section 3.2. The notice must be conspicuously included in any notice in an Executable version, related documentation or collateral in which You describe recipients' rights relating to the Covered Code. You may distribute the Executable version of Covered Code or ownership rights under a license of Your choice, which may contain terms different from this License, provided that You are in compliance with the terms of this License and that the license for the Executable version does not attempt to limit or alter the recipient's rights in the Source Code version from the rights set forth in this License. If You distribute the Executable version under a different license You must make it absolutely clear that any terms which differ from this License are offered by You alone, not by the Initial Developer or any Contributor. You hereby agree to indemnify the Initial Developer and every Contributor for any liability incurred by the Initial Developer or such Contributor as a result of any such terms You offer.

3.7. Larger Works.
You may create a Larger Work by combining Covered Code with other code not governed by the terms of this License and distribute the Larger Work as a single product. In such a case, You must make sure the requirements of this License are fulfilled for the Covered Code.

4. Inability to Comply Due to Statute or Regulation.

If it is impossible for You to comply with any of the terms of this License with respect to some or all of the Covered Code due to statute, judicial order, or regulation then You must: (a) comply with the terms of this License to the maximum extent possible; and (b) describe the limitations and the code they affect. Such description must be included in the LEGAL file described in Section 3.4 and must be included with all distributions of the Source Code. Except to the extent prohibited by statute or regulation, such description must be sufficiently detailed for a recipient of ordinary skill to be able to understand it.

5. Application of this License.

This License applies to code to which the Initial Developer has attached the notice in Exhibit A and to related Covered Code.

6. Versions of the License.

6.1. New Versions.
Netscape Communications Corporation (''Netscape'') may publish revised and/or new versions of the License from time to time. Each version will be given a distinguishing version number.

6.2. Effect of New Versions.
Once Covered Code has been published under a particular version of the License, You may always continue to use it under the terms of that version. You may also choose to use such Covered Code under the terms of any subsequent version of the License published by Netscape. No one other than Netscape has the right to modify the terms applicable to Covered Code created under this License.

6.3. Derivative Works.
If You create or use a modified version of this License (which you may only do in order to apply it to code which is not already Covered Code governed by this License), You must (a) rename Your license so that the phrases ''Mozilla'', ''MOZILLAPL'', ''MOZPL'', ''Netscape'', "MPL", ''NPL'' or any confusingly similar phrase do not appear in your license (except to note that your license differs from this License) and (b) otherwise make it clear that Your version of the license contains terms which differ from the Mozilla Public License and Netscape Public License. (Filling in the name of the Initial Developer, Original Code or Contributor in the notice described in Exhibit A shall not of themselves be deemed to be modifications of this License.)

7. DISCLAIMER OF WARRANTY.

COVERED CODE IS PROVIDED UNDER THIS LICENSE ON AN "AS IS'' BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES THAT THE COVERED CODE IS FREE OF DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE COVERED CODE IS WITH YOU. SHOULD ANY COVERED CODE PROVE DEFECTIVE IN ANY RESPECT, YOU (NOT THE INITIAL DEVELOPER OR ANY OTHER CONTRIBUTOR) ASSUME THE COST OF ANY NECESSARY SERVICING, REPAIR OR CORRECTION. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. NO USE OF ANY COVERED CODE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER.

8. TERMINATION.

8.1. This License and the rights granted hereunder will terminate automatically if You fail to comply with terms herein and fail to cure such breach within 30 days of becoming aware of the breach. All sublicenses to the Covered Code which are properly granted shall survive any termination of this License. Provisions which, by their nature, must remain in effect beyond the termination of this License shall survive.

8.2. If You initiate litigation by asserting a patent infringement claim (excluding declatory judgment actions) against Initial Developer or a Contributor (the Initial Developer or Contributor against whom You file such action is referred to as "Participant") alleging that:

(a) such Participant's Contributor Version directly or indirectly infringes any patent, then any and all rights granted by such Participant to You under Sections 2.1 and/or 2.2 of this License shall, upon 60 days notice from Participant terminate prospectively, unless if within 60 days after receipt of notice You either: (i) agree in writing to pay Participant a mutually agreeable reasonable royalty for Your past and future use of Modifications made by such Participant, or (ii) withdraw Your litigation claim with respect to the Contributor Version against such Participant. If within 60 days of notice, a reasonable royalty and payment arrangement are not mutually agreed upon in writing by the parties or the litigation claim is not withdrawn, the rights granted by Participant to You under Sections 2.1 and/or 2.2 automatically terminate at the expiration of the 60 day notice period specified above.

(b) any software, hardware, or device, other than such Participant's Contributor Version, directly or indirectly infringes any patent, then any rights granted to You by such Participant under Sections 2.1(b) and 2.2(b) are revoked effective as of the date You first made, used, sold, distributed, or had made, Modifications made by that Participant.

8.3. If You assert a patent infringement claim against Participant alleging that such Participant's Contributor Version directly or indirectly infringes any patent where such claim is resolved (such as by license or settlement) prior to the initiation of patent infringement litigation, then the reasonable value of the licenses granted by such Participant under Sections 2.1 or 2.2 shall be taken into account in determining the amount or value of any payment or license.

8.4. In the event of termination under Sections 8.1 or 8.2 above, all end user license agreements (excluding distributors and resellers) which have been validly granted by You or any distributor hereunder prior to termination shall survive termination.

9. LIMITATION OF LIABILITY.

UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT (INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL YOU, THE INITIAL DEVELOPER, ANY OTHER CONTRIBUTOR, OR ANY DISTRIBUTOR OF COVERED CODE, OR ANY SUPPLIER OF ANY OF SUCH PARTIES, BE LIABLE TO ANY PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF SUCH PARTY SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM SUCH PARTY'S NEGLIGENCE TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU.

10. U.S. GOVERNMENT END USERS.

The Covered Code is a ''commercial item,'' as that term is defined in 48 C.F.R. 2.101 (Oct. 1995), consisting of ''commercial computer software'' and ''commercial computer software documentation,'' as such terms are used in 48 C.F.R. 12.212 (Sept. 1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4 (June 1995), all U.S. Government End Users acquire Covered Code with only those rights set forth herein.

11. MISCELLANEOUS.

This License represents the complete agreement concerning subject matter hereof. If any provision of this License is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable. This License shall be governed by California law provisions (except to the extent applicable law, if any, provides otherwise), excluding its conflict-of-law provisions. With respect to disputes in which at least one party is a citizen of, or an entity chartered or registered to do business in the United States of America, any litigation relating to this License shall be subject to the jurisdiction of the Federal Courts of the Northern District of California, with venue lying in Santa Clara County, California, with the losing party responsible for costs, including without limitation, court costs and reasonable attorneys' fees and expenses. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. Any law or regulation which provides that the language of a contract shall be construed against the drafter shall not apply to this License.

12. RESPONSIBILITY FOR CLAIMS.

As between Initial Developer and the Contributors, each party is responsible for claims and damages arising, directly or indirectly, out of its utilization of rights under this License and You agree to work with Initial Developer and Contributors to distribute such responsibility on an equitable basis. Nothing herein is intended or shall be deemed to constitute any admission of liability.

13. MULTIPLE-LICENSED CODE.

Initial Developer may designate portions of the Covered Code as “Multiple-Licensed?. “Multiple-Licensed? means that the Initial Developer permits you to utilize portions of the Covered Code under Your choice of the MPL or the alternative licenses, if any, specified by the Initial Developer in the file described in Exhibit A.

EXHIBIT A -Mozilla Public License.

The contents of this file are subject to the Mozilla Public License Version 1.1 (the "License"); you may not use this file except in compliance with the License. You may obtain a copy of the License at
http://www.mozilla.org/MPL/

Software distributed under the License is distributed on an "AS IS" basis, WITHOUT WARRANTY OF
ANY KIND, either express or implied. See the License for the specific language governing rights and
limitations under the License.

The Original Code is Javassist.

The Initial Developer of the Original Code is Shigeru Chiba. Portions created by the Initial Developer are
Copyright (C) 1999-2007 Shigeru Chiba. All Rights Reserved.

Contributor(s): ______________________________________.

Alternatively, the contents of this file may be used under the terms of the GNU Lesser General Public License Version 2.1 or later (the "LGPL"), in which case the provisions of the LGPL are applicable instead of those above. If you wish to allow use of your version of this file only under the terms of the LGPL, and not to allow others to use your version of this file under the terms of the MPL, indicate your decision by deleting the provisions above and replace them with the notice and other provisions required by the LGPL. If you do not delete the provisions above, a recipient may use your version of this file under the terms of either the MPL or the LGPL.