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Vista Software End User License Agreement

VISTA SOFTWARE LICENSE AND SUPPORT AGREEMENT THIS IS A LEGAL BINDING AGREEMENT. PLEASE READ IT CAREFULLY. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, YOU MUST DESTROY ALL MATERIALS/SOFTWARE RECEIVED IMMEDIATELY, OTHERWISE YOU CONSENT TO BE BOUND BY ALL THE TERMS OF THIS AGREEMENT. CONTACT INFORMATION: VISTA SOFTWARE 8070 LA JOLLA SHORES DRIVE SUITE 506 LA JOLLA, CA 92037 (U.S.A.) E-MAIL: SALES@VISTASOFTWARE.COM

This End-User License Agreement ("Agreement") pertains to all software developed and sold by Vista Software (called the "Software" in this Agreement) made available by electronic download, in the package containing CD-ROMs, diskettes, associated media, printed materials or electronic documentation. Read the terms and conditions of this Agreement before installing, copying, or otherwise using either any Software. This Agreement is a legal agreement between you, ("Customer" or "you"), and LORANT Corporation (d.b.a Vista Software), a California corporation ("Vista"). By clicking "I agree," installing, copying, or otherwise using any part of the above Software or any associated media, any printed materials, or any "on-line" or electronic documentation (the "Software"), you agree to be bound by the terms of this Agreement. If you do not agree to the terms of this Agreement, promptly return the Software to your supplier for a full refund.

1. DEFINITIONS

Software shall be defined as the computer program electronically obtained and/or contained in the disks or CD ROMs in this package, together with any updates subsequently provided by Vista Software. SDE Source shall be defined specifically as the source code to the SDE DLL files. Server Software shall be defined specifically as Software that is accessed or connected to by other Software via TCP/IP or other transport protocols. Server Software includes but is not limited to, Apollo Database Server. Documentation shall be defined as all printed materials provided in this package or later supplied by Vista Software. Media shall be defined as computer diskettes, CD ROMs and any other such magnetic media containing Software. Service shall be defined as any technical or non-technical service provided by Vista Software, including but not limited to providing technical support in person, by telephone, or via any form of electronic correspondence. Copies shall be defined as actual copies of all or any portion of Software and shall include updates and backups of Software. Licensee shall be defined as person, corporation or entity that has purchased Software or Service Developed Software shall be defined as software programs developed using, and/or containing, and/or distributed with, Software by Licensee. User shall be defined as any person that creates Developed Software.

2. LICENSE

Vista Software agrees to grant the user a non-exclusive and non-transferable license to use the Software sold to Licensee for an unlimited duration. The rights granted herein are limited to use of the Software, Software Copies and Documentation as defined within the Agreement. All rights not specifically granted in this Agreement are reserved by Vista Software.

3. PERMITTED USES

The Licensee may use the Software in the following ways: load the Software into RAM and use it on a single work station or terminal; install the Software onto a permanent storage device – a hard or fixed disk drive; make copies of the Software for backup purposes only and the Licensee must keep possession of them at all times. The Licensee may freely distribute compiled applications developed using the Software. However, no portion of the uncompiled Software source code nor documentation may be redistributed without prior written consent from Vista Software.

4. PROHIBITED USES

The Licensee may not: Share the Software on any computer network including a local area network (LAN), Intranet or Internet. Each User of Software must be an original Licensee, i.e. must purchase a separate license to use the Software from Vista Software; Distribute copies of the Software or Documentation to others; Under any other circumstances attempt to rewrite, decompile, disassemble or reverse-engineer any of the Software or Software Copies; Reproduce, transfer, transcribe, store in a retrieval system or translate into any language the Documentation in any form by any means without the written consent of the copyright holders.

5. NON COMPETE

Licensee may not use any Software by Vista Software to create products, technologies or software applications, in whole or in part, that directly compete with any Vista Software product or technology. Competes is defined as creating or distributing software or services that provide similar or same functionality as any Vista Software Software or technology. Vista Software reserves the right to revoke all rights and license privileges of Licensee immediately upon any such infringement. Upon notice of infringement, Licensee agrees to immediately destroy all copies of Software and remove Software and references to Software from all products, technologies and software applications.

6. SERVER SOFTWARE

Server Software may be used by Licensee and by Licensee applications and software only. Re-distribution and/or use of Server Software by anyone other than Licensee or by any software other than wholly-owned Licensee software and applications, is absolutely forbidden. Forbidden uses include but are not limited to, distributing any form of software that connects to Server Software that is not owned by Licensee. Remedy includes but is not limited to, Licensee purchasing one license of Server Software directly from Vista Software for each infringement within 24 hours of notice based on current pricing listed on the Vista Software website.

7. SDE SOURCE SOFTWARE

The SDE Source code may be used and/or modified by Licensee to recompile or create new SDE DLL binary files. These binary DLL files may be distributed along with your applications. Distribution or re-distribution of SDE Source Software is strictly forbidden.

8. SUPPORT

Vista Software reserves the right to terminate customer support plans without cause and without warning. Support plans are sold on an as-is basis and all sales are final and non-refundable. Purchasing a support plan does not guarantee Software fixes and/or updates. Abuse of support privileges, including, but not limited to, frequent contact, frivolous contact, rude behavior and/or customer incompetency, harassment, failure to follow instructions, may result in the immediate termination of support plans without refund.

9. LIMITATIONS

This license grants the user limited rights to use the Software, Software Copies and Documentation as expressly provided in this License. Vista Software retains title to all the Software, Software Copies and Documentation. The Licensee agrees to protect the Software, Software Copies and Documentation from unauthorized publication, use, reproduction or distribution.

10. TERM

This License is effective from the date you receive the Software and/or Copies of the Software and/or Documentation, and continues until you destroy the entire contents of this package and any Software Copies. This license will terminate if the Licensee fails to comply with any term or condition of the Agreement. Upon such breach, Vista Software reserves the right to terminate the license and seek any remedies which may be available to the company. Upon notice of termination, the Licensee will be required to return all copies of the Software and Documentation to Vista Software and is required to recall all Developed Software immediately and remove Software from Developed Software contents and/or packaging. In these circumstances, the Licensee will not be entitled to a refund of amount paid for the License to use the Software and Documentation, nor will Licensee be entitled to reimbursement of any costs associated with recalling Developed Software.

11. LIMITED WARRANTY

All Software and Service Plans are sold on an "as is" basis. Vista Software will not grant refunds of any kind for any reason after purchase. Vista Software’s entire liability and your exclusive remedy shall be replacement of any defective Media provided a copy of your dated receipt or invoice is submitted to Vista Software. The remedy includes provisions to grant access to re-download Software from the Internet if the Internet was the only form of Software distribution by Vista Software to the Licensee for a period of 1 (one) year from the date of purchase. Vista Software shall not be liable to the Licensee or any other person for any special, consequential, indirect or other similar damages or claims including loss of profits or any other commercial damage caused or imaged to have been caused directly or indirectly by the use of the Software. Vista Software specifically disclaims all other warranties, expressed or implied. Vista Software makes no representations or warranties with respect to the merchantability or fitness of Software for any particular purpose, business or application. Implied warranties of merchantability are expressly and specifically disclaimed. In no event shall Vista Software have liability for damages to you or any other person exceed the price paid for the license to use the Software regardless of the form of any claim.

12. UPDATES AND REVISIONS

Vista Software reserves the right to modify, and/or enhance Software and/or Documentation without obligation to notify any person or organization of such changes.

13. ACKNOWLEDGMENT

You acknowledge that you have read this Agreement, understand it and agree to be bound by its terms and conditions. Furthermore, you agree that this is the complete and exclusive statement of agreement between us and supersedes all prior agreements, verbal or written, any proposals and other communications between us relating to the subject matter in this Agreement.

END OF AGREEMENT.

©1999-2007 Vista Software. All rights reserved. All trademarks and registered Trademarks are the property of their respective owners.

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If you do not accept the terms of this agreement, press the "Decline" button.