Magneto Software System Info Controls Pack 1.0.0.1

MAGNETO SOFTWARE LICENSE AGREEMENT for ACTIVEX CONTROLS

BEFORE YOU INSTALL OR ACCESS OR OTHERWISE USE ANY OF THE SOFTWARE

CONTAINED IN THIS PACKAGE OR CLICK ON THE "YES" BUTTON AT THE END

OF THIS DOCUMENT, CAREFULLY READ THE TERMS AND CONDITIONS OF THIS

DOCUMENT. BY INSTALLING OR OTHERWISE USING OR ACCESSING ANY OF

THE SOFTWARE CONTAINED IN THIS PACKAGE OR BY CLICKING ON THE

MAGNETO SOFTWARE LICENSE AGREEMENT for ACTIVEX CONTROLS

BEFORE YOU INSTALL OR ACCESS OR OTHERWISE USE ANY OF THE SOFTWARE

CONTAINED IN THIS PACKAGE OR CLICK ON THE "YES" BUTTON AT THE END

OF THIS DOCUMENT, CAREFULLY READ THE TERMS AND CONDITIONS OF THIS

DOCUMENT. BY INSTALLING OR OTHERWISE USING OR ACCESSING ANY OF

THE SOFTWARE CONTAINED IN THIS PACKAGE OR BY CLICKING ON THE

"YES" BUTTON, YOU ARE AGREEING TO AND CONSENTING TO BE BOUND BY

AND ARE BECOMING A PARTY TO THE APPLICABLE LICENSE AGREEMENT AS

PROVIDED. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF SUCH

AGREEMENT, CLICK THE "NO" BUTTON AND THE SOFTWARE WILL NOT BE

INSTALLED.

STANDARD END USER LICENSE AGREEMENT

THIS AGREEMENT APPLIES ONLY TO THE STANDARD VERSION OF THE

SOFTWARE. IN THE EVENT THAT YOU HAVE OBTAINED A TRIAL PERIOD

VERSION OF THE SOFTWARE, THEN THE TRIAL PERIOD END USER LICENSE

AGREEMENT APPENDED HERETO SHALL BE APPLICABLE UNTIL YOU HAVE

LICENSED THE STANDARD VERSION OF THE SOFTWARE FROM MAGNETO

SOFTWARE.

ENGLISH LANGUAGE. THE PARTIES HERETO CONFIRM THAT IT IS THEIR

WISH THAT THIS AGREEMENT BE AND SHALL BE IN THE ENGLISH LANGUAGE

ONLY, WHICH LANGUAGE SHALL BE CONTROLLING IN ALL RESPECTS. ALL

COMMUNICATIONS AND NOTICES TO BE MADE OR GIVEN SHALL BE IN THE

ENGLISH LANGUAGE.

LES PARTIES AUX PRÉSENTES CONFIRMENT LEUR VOLONTÉ QUE CETTE

CONVENTION DE MÊME QUE TOUS LES DOCUMENTS, Y COMPRIS TOUT AVIS

QUI S'Y RATTACHE, SOIENT RÉDIGÉS EN LANGUE ANGLAISE.

GRANT. Subject to the provisions contained herein and full

payment of all applicable license fees, Magneto Software

("Magneto Software") hereby grants to the end user ("you") a

personal, nonexclusive and nontransferable license to use, for

its intended use only, the accompanying proprietary computer

software product ("Software") and any documentation provided for

the Software ("Documentation"), for the term and in the number of

copies licensed.

COPYRIGHTS. SUCH SOFTWARE AND DOCUMENTATION ARE THE COPYRIGHTED

WORKS OF MAGNETO SOFTWARE AND/OR ITS SUPPLIERS AND ARE PROTECTED

BY THE COPYRIGHT LAWS OF THE UNITED STATES AND INTERNATIONAL

TREATY PROVISIONS. THE SOFTWARE AND DOCUMENTATION ONLY ARE BEING

LICENSED AND NOT SOLD.

Magneto Software grants a license to use the enclosed software to

the original purchaser. Copies may be made for backup or archival

purposes only. Copies made for any other purposes are expressly

prohibited, and adherence to this requirement is the sole

responsibility of the purchaser.

This license does not grant you any right to any technical

support, enhancement or update to the Software and Documentation,

except for 30 (thirty) days from the date of purchase of this

license, unless you have also paid the required subscription fee

to Magneto Software, in which case you are entitled to

subscription services in the form of technical support,

enhancements and updates to the current version of the Software

for one year from the date of purchase ("Subscription").

Technical support shall in any event be available only for the

then current version. For purposes hereof any upgrade or

enhancement of the Software obtained during the period of the

license covered by Subscription shall be deemed part of the

"Software".

SOFTWARE FORMAT; UPDATES; SUPPORT.

(1) Magneto Software shall furnish the Software to you

electronically or on media in machine-readable object code format

only. This license does not grant you any right to the source

code of the Software or other formats of the Software and

Documentation, except for certain sample code being distributed

hereunder by Magneto Software in source code format as part of

the Software ("Sample Code").

(2) This license does not grant you any right to any technical

support, enhancement or update to the Software and Documentation,

except for 30 (thirty) days from the date of purchase of this

license, unless you have also paid the required subscription fee

to Magneto Software, in which case you are entitled to

subscription services in the form of technical support,

enhancements and updates to the current version of the Software

for one year from the date of purchase ("Subscription").

Technical support shall in any event be available only for the

then current version. For purposes hereof any upgrade or

enhancement of the Software obtained during the period of the

license covered by Subscription shall be deemed part of the

"Software".

(3) Any released update or enhancement to the Software shall be

used only in conjunction with the Software as originally

installed on a single computer and may not be separated for use.

RESTRICTED USE.

This product is licensed for use by only one developer at a time.

Magneto Software expressly prohibits installing this product on

more than one computer if there is any chance that both copies

will be used simultaneously. This restriction also extends to

installation on a network server, if more than one workstation

will be accessing the product. All developers working on a

project, which includes a Magneto Software product, even though

not working directly with the Magneto Software product, are

required to purchase a license for that Magneto Software product.

You may not copy or distribute the Software or the Documentation,

except as follows:

(1) If you have acquired a single user license for use of the

Software, you may make a single copy of the Software and the

Documentation for backup or archival purposes.

(2) If you have acquired a multi user license for use of the

Software, you may make the number of copies of the Software and

the Documentation for internal use equal to the number of copies

for which you have paid the license fee, plus a single copy of

the Software and the Documentation for backup or archival

purposes. In the case of a multi user license, Magneto Software

shall have reasonable rights of audit to ensure compliance with

these terms and conditions.

(3) You may install a copy of the Redistributable Files on a

single server OR

(4) You may make and distribute copies of the Redistributable

Files in a client application, on client systems and as provided

herein. Customer written client applications containing embedded

Magneto Software products may be freely distributed, without

royalty payments to Magneto Software, provided that such

distributed Magneto product is bound into these applications in

such a way so as to prohibit separate use in design mode, and

that such Magneto product is distributed only in conjunction with

the customer's own software product. The Magneto Software product

may not be distributed by itself in any form.

No other copies of the Software or the Documentation shall be

made by you or any other person or entity at any time.

All permitted copies of the Software or the Documentation shall

be subject to this Agreement and shall contain all notices of

copyright, trademark or other proprietary rights and all claims

of trade secret rights as contained in the original Software or

Documentation provided to you. You may not remove or obscure any

said copyright or trademark or proprietary rights notices of

Magneto Software or the text of this Agreement at any time for

any purpose.

TRANSFERS PROHIBITED. This Agreement is personal to you. You

are prohibited from selling, loaning, renting, leasing,

sublicensing, transmitting, distributing or redistributing, or

otherwise transferring or assigning any part of the Software or

the Documentation to any third party at any time whether by

operation of law or otherwise and whether with or without

consideration, subject to the limited right herein to distribute

the Redistributable Files. Without limiting the foregoing, any

transmittal or transfer of the Software or the Documentation,

other than the Redistributable Files, on the Internet or by other

electronic means is prohibited.

ANY REPRODUCTION OR DISTRIBUTION OF THE SOFTWARE OR THE

DOCUMENTATION NOT IN ACCORDANCE WITH THE EXPRESS TERMS OF THIS

LICENSE IS PROHIBITED BY LAW AND MAY SUBJECT YOU TO CIVIL AND

CRIMINAL PENALTIES. ANY ACTUAL OR ATTEMPTED SALE, LOAN, RENTAL,

LEASE, SUBLICENSE, TRANSMISSION, DISTRIBUTION OR REDISTRIBUTION

OR OTHER TRANSFER OR ASSIGNMENT OF THE SOFTWARE OR THE

DOCUMENTATION IN WHOLE OR IN PART IN ANY MEDIA OR BY ANY METHOD

SHALL IMMEDIATELY AND IRREVOCABLY TERMINATE THIS LICENSE

AGREEMENT FOR ALL PURPOSES.

REDISTRIBUTABLE FILES. Subject to your full compliance with all

provisions of this Agreement (including but not limited to all of

the provisions and restrictions of this paragraph), Magneto

Software hereby grants to you a nonexclusive, nontransferable and

royalty-free license to reproduce and distribute solely within an

application (collectively "redistribute") those software files

then specifically designated as Redistributable Files for the

Software in the Documentation of the Software furnished by

Magneto Software (collectively "Redistributable Files"). If you

redistribute any of the Redistributable Files, you agree at all

times to (i) distribute the Redistributable Files only in object

code format and solely in conjunction with and/or as an integral

part of any application which adds significant and primary

functionality to the Redistributable Files ("Application"); (ii)

not use any Magneto Software names or trademarks or logos in the

sale or marketing of the Application; (iii) include the notices

of copyright, trademark and proprietary rights contained in this

Software and expressly prohibit the removal of said notices by

any person at any time; (iv) prohibit further distribution or

transfer of any of the Redistributable Files (1) by any user

under any circumstances or (2) by any other person other than as

an integral part of the Application; (v) prohibit the

translation, reverse engineering, deciphering, decompiling or

disassembling of the Redistributable Files or any part thereof by

any person, except to the extent applicable laws specifically

prohibit such restriction, and prohibit the modification or

creation of derivative works of the Redistributable Files by any

person; (vi) fully indemnify, hold harmless and defend Magneto

Software and its officers, directors, owners, employees, agents,

successors and assigns from and against any claims, actions,

causes of action or damages arising from any use or distribution

of the Application or any act or omission by you or any person

acting on your behalf; and (vii) not distribute any of the

Redistributable Files in any Application for use by other

software developers for the design or development or testing of

any other software or application.

TRADE SECRETS; DERIVATIVE WORKS. You acknowledge and agree that

the Software in source code form remains a confidential and

proprietary trade secret of Magneto Software and/or its suppliers

and therefore you agree not to translate, reverse engineer,

decipher, decompile or disassemble the Software or to permit or

cause others to do so, except to the extent applicable laws

specifically prohibit such restriction. You further agree not to

modify or create derivative works of the Software or the

Documentation, other than with respect to the Sample Code

hereunder.

TITLE. All title, ownership rights, and intellectual property

rights in and to the Software and Documentation shall remain the

sole property of Magneto Software and/or its suppliers and no

such rights are being transferred or conveyed hereunder.

CONTENT. Title, ownership rights, and intellectual property

rights in and to the content accessed through the Software are

the property of the applicable content owner and may be protected

by applicable copyright or other laws. This License gives you no

rights to such content.

NO WARRANTY; LIMITATION OF LIABILITY.

(1) NEITHER Magneto Software NOR ITS SUPPLIERS MAKE ANY

REPRESENTATION OF ANY KIND REGARDING THE USEFULNESS OR

SUITABILITY OF THE SOFTWARE OR THE DOCUMENTATION FOR ANY PURPOSE.

ALL SOFTWARE AND DOCUMENTATION ARE PROVIDED "AS IS" AND WITHOUT

WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE

FULLEST EXTENT PERMITTED BY LAW, MAGNETO SOFTWARE DISCLAIMS ALL

WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ALL

IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A

PARTICULAR PURPOSE AND NONINFRINGEMENT. WITHOUT LIMITING THE

FOREGOING, MAGNETO SOFTWARE DOES NOT WARRANT THAT THE SOFTWARE OR

DOCUMENTATION WILL BE DEFECT OR ERROR-FREE. APPLICABLE LAW MAY

NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE

EXCLUSION MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES AND UNDER NO

LEGAL THEORY, WHETHER IN TORT, CONTRACT, OR OTHERWISE, SHALL

MAGNETO SOFTWARE OR ITS SUPPLIERS OR RESELLERS OR ANY OFFICERS,

DIRECTORS, EMPLOYEES OR AGENTS THEREOF BE LIABLE TO YOU OR ANY

OTHER PERSON OR ENTITY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR

CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF THE USE OR

INABILITY TO USE ANY OF THE SOFTWARE OR DOCUMENTATION (INCLUDING

WITHOUT LIMITATION DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE,

COMPUTER FAILURE OR MALFUNCTION, LOSS OF BUSINESS PROFITS, LOSS

OF BUSINESS INFORMATION, LOSS OF DATA, OR OTHER PECUNIARY LOSS),

EVEN IF MAGNETO SOFTWARE SHALL HAVE BEEN INFORMED OF THE

POSSIBILITY OF SUCH DAMAGES. SUBJECT TO THE FOREGOING, IN ALL

EVENTS NO LIABILITY FOR DAMAGES SHALL EXCEED THE AMOUNT OF THE

LICENSE FEE PAID TO MAGNETO SOFTWARE FOR THIS LICENSE. BECAUSE

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF

INCIDENTAL OR CONSEQUENTIAL DAMAGES, THESE LIMITATIONS MAY NOT

APPLY TO YOU.

EXPORT CONTROLS. You shall not download, transmit or otherwise

export or reexport the Software or any underlying information or

technology except in full compliance with all United States and

other applicable laws and regulations. In particular, but

without limitation, none of the Software or the Documentation or

underlying information or technology may be downloaded,

transmitted or otherwise exported or reexported (i) into (or to a

national or resident of) Cuba, Iraq, Libya, North Korea, Iran,

Serbia, Syria or Sudan or any other country to which the United

States has embargoed goods; or (ii) to any person on the United

States Treasury Department list of Specially Designated Nationals

or the United States Commerce Department Table of Deny Orders.

You represent and warrant that you are not located in, under the

control of, or a national or resident of any such country or on

any such list.

TERMINATION. Without prejudice to its other rights hereunder,

Magneto Software may terminate this Agreement and the License if

you violate or breach any term or condition hereof. In the event

of such termination, you must immediately destroy all copies of

the Software and the Documentation and cease all use thereof.

BINDING EFFECT. Subject to the prohibitions on transfer and

assignment hereof, this Agreement shall inure to the benefit of

and be binding upon each of the parties hereto and their

respective officers, directors, employees, shareholders, owners,

partners, agents, representatives, parents, subsidiaries,

affiliates, heirs, devisees, successors and assigns.

OTHER SOFTWARE. This Agreement shall not be applicable to any

other software separately distributed by Magneto Software.

MISCELLANEOUS. This Agreement represents the sole and exclusive

agreement between the parties concerning the subject matter

hereof and supersedes all prior agreements, communications,

proposals and representations. This Agreement may be amended

only by a writing executed by both parties. THE ACCEPTANCE OF

ANY PURCHASE ORDER PLACED BY YOU IS EXPRESSLY MADE CONDITIONAL ON

YOUR ASSENT TO THE TERMS SET FORTH HEREIN, AND MAGNETO SOFTWARE

AGREES TO FURNISH THE SOFTWARE AND DOCUMENTATION ONLY UPON THESE

TERMS AND NOT THOSE CONTAINED IN YOUR PURCHASE ORDER. Whenever

possible, each provision of this Agreement shall be interpreted

in such manner as to be effective and valid under applicable law.

In the event that any provision of this Agreement shall be held

by the final judgment of a court of competent jurisdiction to be

invalid or unlawful or unenforceable, then the remaining

provisions of this Agreement shall remain in full force and

effect and shall be construed to give the fullest effect to the

intent of the parties expressed herein. Headings shall not be

considered in interpreting this Agreement. This Agreement shall

be governed by and construed under the laws of the State of

California, U.S.A. for contracts entered into and to be performed

entirely within the State of California, without reference to

conflicts of laws. This Agreement shall not be governed by the

United Nations Convention on Contracts for the International Sale

of Goods, the application of which is hereby expressly excluded.

U.S. GOVERNMENT RESTRICTED RIGHTS. The Software and

Documentation are being provided only with RESTRICTED RIGHTS. If

the acquiring unit or agency is the U.S. Department of Defense,

use, duplication or disclosure is subject to restrictions as set

forth in DFAR Section 227.7202. If the acquiring unit or agency

is any other unit or agency of the United States Government, use,

duplication or disclosure is subject to restrictions as set forth

in FAR Section 12.212 and FAR Section 52.227-19(c)(1) and (2).

For these purposes the manufacturer is Magneto Software,

743 Los Robles Avenue, Palo Alto, California 94306.

All rights not expressly granted herein are expressly reserved

and retained by Magneto Software.

COPYRIGHT NOTICE: (c) 2003 Magneto Software and/or its

suppliers.

All rights reserved.

MAGNETO SOFTWARE

743 Los Robles Avenue

Palo Alto, California 94306 - U.S.A.

TRIAL PERIOD END USER LICENSE AGREEMENT

THIS AGREEMENT APPLIES ONLY TO THE TRIAL PERIOD VERSION OF THE

SOFTWARE. IN THE EVENT THAT YOU HAVE OBTAINED A TRIAL PERIOD

VERSION OF THE SOFTWARE, THEN THE FOLLOWING AGREEMENT SHALL BE

APPLICABLE AND THE FOREGOING LICENSE AGREEMENT SHALL NOT BE

APPLICABLE UNTIL YOU HAVE LICENSED THE STANDARD VERSION OF THE

SOFTWARE FROM MAGNETO SOFTWARE FOLLOWING THE TRIAL PERIOD.

IN THE EVENT THAT YOU LICENSE THE STANDARD VERSION OF THE

SOFTWARE FROM MAGNETO SOFTWARE FOLLOWING THE TRIAL PERIOD, YOU

AGREE THAT (1) YOUR FIRST USE OF THE NON-EXPIRING SERIAL NUMBER

ISSUED TO YOU BY MAGNETO SOFTWARE SHALL CONSTITUTE YOUR AGREEMENT

TO AND CONSENT TO BE BOUND BY EACH AND ALL OF THE TERMS AND

CONDITIONS OF THE FOREGOING STANDARD END USER LICENSE AGREEMENT,

AND THAT (2) THE TRIAL PERIOD END USER LICENSE AGREEMENT

THEREUPON SHALL BE SUPERSEDED AS TO ALL FUTURE USES OF THE

SOFTWARE.

ENGLISH LANGUAGE. THE PARTIES HERETO CONFIRM THAT IT IS THEIR

WISH THAT THIS AGREEMENT BE AND SHALL BE IN THE ENGLISH LANGUAGE

ONLY, WHICH LANGUAGE SHALL BE CONTROLLING IN ALL RESPECTS. ALL

COMMUNICATIONS AND NOTICES TO BE MADE OR GIVEN SHALL BE IN THE

ENGLISH LANGUAGE.

LES PARTIES AUX PRÉSENTES CONFIRMENT LEUR VOLONTÉ QUE CETTE

CONVENTION DE MÊME QUE TOUS LES DOCUMENTS, Y COMPRIS TOUT AVIS

QUI S'Y RATTACHE, SOIENT RÉDIGÉS EN LANGUE ANGLAISE.

GRANT FOR LIMITED TRIAL PERIOD ONLY. Magneto Software ("Magneto

Software") hereby grants to the end user ("you") a personal,

nonexclusive and nontransferable license to use for its intended

use only, the accompanying proprietary computer software product

("Software") and any documentation provided for the Software

("Documentation") for your own internal evaluation and solely for

a limited trial period of thirty (30) days or less, following the

date of the first installation of the Software. AT THE END OF

THE TRIAL PERIOD THE SOFTWARE WILL BE DISABLED AND CANNOT BE USED

FURTHER. YOU WILL THEN BE REQUIRED TO SEPARATELY LICENSE A FULLY

FUNCTIONAL VERSION OF THE SOFTWARE FROM MAGNETO SOFTWARE.

COPYRIGHTS. THE SOFTWARE AND THE DOCUMENTATION ARE THE

COPYRIGHTED WORKS OF MAGNETO SOFTWARE AND/OR ITS SUPPLIERS AND

ARE PROTECTED BY THE COPYRIGHT LAWS OF THE UNITED STATES AND

INTERNATIONAL TREATY PROVISIONS. THE SOFTWARE AND DOCUMENTATION

ONLY ARE BEING LICENSED AND NOT SOLD.

SOFTWARE FORMAT; NO SUPPORT, NO UPDATES. Magneto Software shall

furnish the Software to you electronically or on media in

machine-readable object code form. This license does not grant

you any right to any enhancement or update to the Software and

Documentation or to use a fully functional version of the

Software. This Agreement does not grant you any rights to

technical support or maintenance with respect to the Software or

Documentation.

TRANSFERS PROHIBITED. This Agreement is personal to you. You

are prohibited from selling, loaning, renting, leasing,

sublicensing, transmitting, distributing or redistributing, or

otherwise transferring or assigning any part of the Software or

the Documentation to any third party at any time whether by

operation of law or otherwise and whether with or without

consideration. Without limiting the foregoing, any transmittal

or transfer of the Software or the Documentation on the Internet

or by other electronic means is prohibited. ANY REPRODUCTION OR

DISTRIBUTION OF THE SOFTWARE OR THE DOCUMENTATION NOT IN

ACCORDANCE WITH THE EXPRESS TERMS OF THIS LICENSE IS PROHIBITED

BY LAW AND MAY SUBJECT YOU TO SUBSTANTIAL CIVIL AND CRIMINAL

PENALTIES. ANY ACTUAL OR ATTEMPTED SALE, LOAN, RENTAL, LEASE,

SUBLICENSE, TRANSMISSION, DISTRIBUTION OR REDISTRIBUTION OR OTHER

TRANSFER OR ASSIGNMENT OF THE SOFTWARE OR THE DOCUMENTATION IN

WHOLE OR IN PART IN ANY MEDIA OR BY ANY METHOD SHALL IMMEDIATELY

AND IRREVOCABLY TERMINATE THIS LICENSE AGREEMENT FOR ALL

PURPOSES.

TRADE SECRETS; DERIVATIVE WORKS. You acknowledge and agree that

the Software in source code form remains a confidential and

proprietary trade secret of Magneto Software and/or its suppliers

and therefore you agree not to translate, reverse engineer,

decipher, decompile or disassemble the Software or to permit or

cause others to do so, except to the extent applicable laws

specifically prohibit such restriction. You further agree not to

modify or create derivative works of the Software or the

Documentation.

TITLE. All title, ownership rights, and intellectual property

rights in and to the Software and Documentation shall remain the

sole property of Magneto Software and/or its suppliers and no

such rights are being transferred or conveyed hereunder.

CONTENT. Title, ownership rights, and intellectual property

rights in and to the content accessed through the Software are

the property of the applicable content owner and may be protected

by applicable copyright or other laws. This License gives

you no rights to such content.

NO WARRANTY; LIMITATION OF LIABILITY.

(1) NEITHER MAGNETO SOFTWARE NOR ITS SUPPLIERS MAKE ANY

REPRESENTATION OF ANY KIND REGARDING THE USEFULNESS OR

SUITABILITY OF THE SOFTWARE OR THE DOCUMENTATION FOR ANY PURPOSE.

ALL SOFTWARE AND DOCUMENTATION ARE PROVIDED "AS IS" AND WITHOUT

WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE

FULLEST EXTENT PERMITTED BY LAW, MAGNETO SOFTWARE DISCLAIMS ALL

WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ALL

IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A

PARTICULAR PURPOSE AND NONINFRINGEMENT. WITHOUT LIMITING THE

FOREGOING, MAGNETO SOFTWARE DOES NOT WARRANT THAT THE SOFTWARE OR

DOCUMENTATION WILL BE DEFECT OR ERROR-FREE. APPLICABLE LAW MAY

NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE

EXCLUSION MAY NOT APPLY TO YOU.

(2) UNDER NO CIRCUMSTANCES SHALL MAGNETO SOFTWARE BE LIABLE FOR

ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR ANY

OTHER DAMAGES THAT RESULT FROM THE USE OR INABILITY TO USE ANY OF

THE SOFTWARE OR DOCUMENTATION (INCLUDING WITHOUT LIMITATION

DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR

MALFUNCTION, LOSS OF BUSINESS PROFITS, LOSS OF BUSINESS

INFORMATION, LOSS OF DATA, OR OTHER PECUNIARY LOSS), EVEN IF

MAGNETO SOFTWARE OR ITS REPRESENTATIVE HAS BEEN ADVISED OF THE

POSSIBILITY OF SUCH DAMAGES, WHETHER IN ANY ACTION OF CONTRACT,

NEGLIGENCE OR OTHER ACTION IN TORT OR OTHERWISE. APPLICABLE LAW

MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR

INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR

EXCLUSION MAY NOT APPLY TO YOU. SUBJECT TO THE FOREGOING, IN ALL

EVENTS NO LIABILITY FOR DAMAGES SHALL EXCEED THE AMOUNT OF THE

LICENSE FEE PAID TO MAGNETO SOFTWARE FOR THIS LIMITED LICENSE.

BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR

LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THESE

LIMITATIONS MAY NOT APPLY TO YOU.

EXPORT CONTROLS. You shall not download, transmit or otherwise

export or reexport the Software or any underlying information or

technology except in full compliance with all United States and

other applicable laws and regulations. In particular, but

without limitation, none of the Software or the Documentation or

underlying information or technology may be downloaded,

transmitted or otherwise exported or reexported (i) into (or to a

national or resident of) Cuba, Iraq, Libya, North Korea, Iran,

Serbia, Syria or Sudan or any other country to which the United

States has embargoed goods; or (ii) to any person on the United

States Treasury Department list of Specially Designated Nationals

or the United States Commerce Department Table of Deny Orders.

You represent and warrant that you are not located in, under the

control of, or a national or resident of any such country or on

any such list.

TERMINATION. Without prejudice to its other rights hereunder,

Magneto Software may terminate this Agreement and the License if

you violate or breach any term or condition hereof. In the event

of such termination or at the end of the trial period in all

events, you must immediately destroy all copies of the Software

and the Documentation and cease all use thereof.

BINDING EFFECT. Subject to the prohibitions on transfer and

assignment hereof, this Agreement shall inure to the benefit of

and be binding upon each of the parties hereto and their

respective officers, directors, employees, shareholders, owners,

partners, agents, representatives, parents, subsidiaries,

affiliates, heirs, devisees, successors and assigns.

MISCELLANEOUS. This Agreement represents the sole and exclusive

agreement between the parties concerning the subject matter

hereof and supersedes all prior agreements, communications,

proposals and representations. This Agreement may be amended

only by a writing executed by both parties. THE ACCEPTANCE OF

ANY PURCHASE ORDER PLACED BY YOU IS EXPRESSLY MADE CONDITIONAL ON

YOUR ASSENT TO THE TERMS SET FORTH HEREIN, AND MAGNETO SOFTWARE

AGREES TO FURNISH THE SOFTWARE AND DOCUMENTATION ONLY UPON THESE

TERMS AND NOT THOSE CONTAINED IN YOUR PURCHASE ORDER. Whenever

possible, each provision of this Agreement shall be interpreted

in such manner as to be effective and valid under applicable law.

In the event that any provision of this Agreement shall be held

by the final judgment of a court of competent jurisdiction to be

invalid or unlawful or unenforceable, then the remaining

provisions of this Agreement shall remain in full force and

effect and shall be construed to give the fullest effect to the

intent of the parties expressed herein. Headings shall not be

considered in interpreting this Agreement. This Agreement shall

be governed by and construed under the laws of the State of

California, U.S.A. for contracts entered into and to be performed

entirely within the State of California, without reference to

conflicts of laws. This Agreement shall not be governed by the

United Nations Convention on Contracts for the International Sale

of Goods, the application of which is hereby expressly excluded.

U.S. GOVERNMENT RESTRICTED RIGHTS. The Software and

Documentation are being provided only with RESTRICTED RIGHTS. If

the acquiring unit or agency is the U.S. Department of Defense,

use, duplication or disclosure is subject to restrictions as set

forth in DFAR Section 227.7202. If the acquiring unit or agency

is any other unit or agency of the United States Government, use,

duplication or disclosure is subject to restrictions as set forth

in FAR Section 12.212 and FAR Section 52.227-19(c)(1) and (2).

For these purposes the manufacturer is

Magneto Software, 743 Los Robles Avenue, Palo Alto, CA 94306.

All rights not expressly granted herein are expressly reserved

and retained by

Magneto Software.

COPYRIGHT NOTICE: (c) 2005 Magneto Software and/or

its suppliers.

All rights reserved.

TRADEMARK NOTICE: "Magneto Software" and the names of Magneto

Software products or processes and all Magneto Software logos are

trademarks or registered trademarks or service marks or trade

dress of Magneto Software.

MAGNETO SOFTWARE

743 Los Robles Avenue

Palo Alto, California 94306 - U.S.A.

(05/09)