End-User License Agreement

END-USER LICENSE AGREEMENT FOR BETALAND SOFTWARE

IMPORTANT - READ CAREFULLY BEFORE USING THIS PRODUCT: This Betaland End-User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and Betaland Software Engineering ("Betaland") for the Betaland software product identified above, which includes computer software and may include associated media, printed materials, and "online" or electronic documentation (collectively, "SOFTWARE PRODUCT"). By installing, copying, or otherwise using the SOFTWARE PRODUCT, indicates your acknowledgment that you have read this EULA and you agree to be bound by and comply with the terms of this EULA. If you do not agree to the terms of this EULA, you may not use the SOFTWARE PRODUCT.

SOFTWARE PRODUCT LICENSE

The SOFTWARE PRODUCT is a property of Betaland and is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The SOFTWARE PRODUCT is licensed, not sold. While Betaland continues to own the SOFTWARE PRODUCT, you will have certain rights to use the SOFTWARE PRODUCT after your acceptance of this EULA. The SOFTWARE PRODUCT is licensed, not sold, to you for use only under the terms and conditions of this Agreement, and Betaland reserves all rights not expressly granted to you in this Agreement. Betaland and/or its licensors retain title to the SOFTWARE PRODUCT, and all intellectual property rights therein. Any use of this SOFTWARE PRODUCT in violation of copyright law or the terms of this EULA agreement will be prosecuted to the best of our ability.

DOWNLOADING THIS PRODUCT

IF YOU ARE DOWNLOADING THIS PRODUCT:

You certify that you are not a minor and that you agree to be bound by all of the terms and conditions set out in this EULA. Downloading and/or using the SOFTWARE PRODUCT will be an irrevocable acceptance of the terms and conditions of the EULA;

You agree to be responsible for any and all internet service provider fees, telecommunication and other charges that may apply as a result of your download of the SOFTWARE PRODUCT; and

You represent and warrant to Betaland, if you are accepting on behalf of a company, or other legal entity, that you have full authority to bind such entity.

IF YOU DO NOT AGREE WITH THE ABOVE, DO NOT DOWNLOAD THIS PRODUCT

This EULA describes your rights with respect to the SOFTWARE PRODUCT and its components.

GRANT OF LICENSE

This EULA grants you the following rights:

You may install and use one (1) copy of the SOFTWARE PRODUCT on a single computer.

DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS

Betaland may provide you with support services related to the SOFTWARE PRODUCT ("Support Services"). Use of Support Services is governed by the Betaland policies and programs described in the user manual, in "on line" documentation and/or other Betaland-provided materials. Any supplemental software code provided to you as part of the Support Services shall be considered part of the SOFTWARE PRODUCT and subject to the terms and conditions of this EULA. With respect to technical information you provide to Betaland as part of the Support Services, Betaland may use such information for its business purposes, including for product support and development. Betaland will not utilize such technical information in a form that personally identifies you.

You may not translate, reverse engineer, decompile, or disassemble the SOFTWARE PRODUCT, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.

You may not rent, lease, transfer, or lend the SOFTWARE PRODUCT.

You may not modify the SOFTWARE PRODUCT or merge all or any part of the SOFTWARE PRODUCT with another program;

You may not separate the component parts of the SOFTWARE PRODUCT for use on more than one computer.

ALL RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE RESERVED BY BETALAND.

COPYRIGHT

All titles and copyrights in and to the SOFTWARE PRODUCT (including but not limited to any images, photographs, animations, video, audio, music, text, and "applets" incorporated into the SOFTWARE PRODUCT), the accompanying media, printed materials, and any copies of the SOFTWARE PRODUCT are owned by Betaland or its suppliers. The SOFTWARE PRODUCT is protected by copyright laws and international treaty provisions. Therefore, you must treat the SOFTWARE PRODUCT like any other copyrighted material. You may not copy the printed materials accompanying the SOFTWARE PRODUCT.

Under no circumstances may you copy this SOFTWARE PRODUCT for any purpose. Under no circumstances may you remove the copyright notices made part of this SOFTWARE PRODUCT.

TERMINATION

Without prejudice to any other rights, Betaland may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must destroy all copies of the SOFTWARE PRODUCT and all of its component parts.

By using this SOFTWARE PRODUCT, you agree to the terms of this EULA Agreement. Your failure to comply with the terms of this Agreement shall terminate your license and this Agreement.

MISCELLANEOUS

If you are interested in additional information on licensing or use of this product, or should you have any questions concerning this EULA, or if you desire to contact Betaland for any reason, please refer to our contact page.

LIMITED WARRANTY

NO WARRANTIES. THE PRODUCT IS PROVIDED ON AN "AS IS" BASIS, WITHOUT ANY WARRANTIES OR CONDITIONS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BETALAND 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 PRODUCT, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES.

LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BETALAND 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 LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE PRODUCT OR THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IF BETALAND HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, BETALAND'S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS EULA SHALL BE LIMITED TO THE GREATER OF THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE PRODUCT OR US$5.00; PROVIDED HOWEVER, IF YOU HAVE ENTERED INTO A BETALAND SUPPORT SERVICES AGREEMENT, BETALAND'S ENTIRE LIABILITY REGARDING SUPPORT SERVICES SHALL BE GOVERNED BY THE TERMS OF THAT AGREEMENT.

PRODUCT PATCH, PLUG OR UPDATE

If this is a patch, plug, update or other file located at this site (if you are downloading from the Web) or contained on any storage media (if you are receiving software on CD-ROM) (the "Software"), the Software is designed for use with a BETALAND application software product (the "Original Application") and is subject to BETALAND's Limitations of Warranties and Liability as applicable. You are granted a non-exclusive license to use such Software only with the Original Application provided that you still possess a valid license from BETALAND for the Original Application. Except as provided below, the Software is subject to the terms and conditions of the License from BETALAND accompanying the Original Application. If you are downloading this Software, all risk of damage to the Software during transmission and download is assumed by you.

LEASE VERSION ADDENDUM TO THE EULA

IF THIS PRODUCT IS IDENTIFIED AS A LEASE VERSION, YOUR USE OF THE LEASE VERSION PRODUCT IS GOVERNED BY THE TERMS OF THE EULA AS MODIFIED BY THE TERMS OF THIS LEASE VERSION ADDENDUM. IN THE EVENT OF ANY CONFLICT BETWEEN THE TERMS OF THE EULA AND THIS LEASE VERSION ADDENDUM, THE TERMS OF THE LEASE VERSION ADDENDUM SHALL GOVERN.

THE SOFTWARE PRODUCT IS A (365) DAY LEASE VERSION ONLY AND WILL BECOME INOPERABLE TWELVE (12) MONTHS AFTER INSTALLATION. AFTER THIS DATE, THE LICENSE TO USE THE SOFTWARE WILL TERMINATE, AND YOU WILL NOT BE ABLE TO ACCESS ANY FILES CREATED WITH THIS LEASE VERSION UNLESS YOU PURCHASE A NEW LICENSE FROM BETALAND.

ANY ATTEMPT TO CIRCUMVENT ANY EXPIRY DATE TECHNOLOGY/TIME BOMB MECHANISM OR OTHER MECHANISM CONTAINED WITHIN THE SOFTWARE WHICH IS INTENDED TO LIMIT YOUR ABILITY TO USE THE SOFTWARE TO A SPECIFIED PERIOD IS A VIOLATION OF THIS LICENSE. ANY ATTEMPT TO CIRCUMVENT ANY SUCH EXPIRY DATE TECHNOLOGY/TIME BOMB MECHANISM SHALL RESULT IN THE IMMEDIATE TERMINATION OF YOUR LICENSE TO USE THE SOFTWARE.

TRIAL VERSION ADDENDUM TO THE EULA

IF THIS PRODUCT IS IDENTIFIED AS A TRIAL VERSION, YOUR USE OF THE TRIAL VERSION PRODUCT IS GOVERNED BY THE TERMS OF THE EULA AS MODIFIED BY THE TERMS OF THIS TRIAL VERSION ADDENDUM. IN THE EVENT OF ANY CONFLICT BETWEEN THE TERMS OF THE EULA AND THIS TRIAL VERSION ADDENDUM, THE TERMS OF THE TRIAL VERSION ADDENDUM SHALL GOVERN.

THE PRODUCT IS A THIRTY (30) DAY TRIAL VERSION ONLY AND WILL BECOME INOPERABLE THIRTY (30) DAYS AFTER YOU LAUNCH THE PROGRAM. AFTER THIS DATE, YOU WILL NOT BE ABLE TO ACCESS ANY FILES CREATED WITH THIS TRIAL VERSION UNLESS YOU HAVE INSTALLED A RETAIL VERSION OF THE PRODUCT.

THIS TRIAL VERSION MAY BECOME COMPLETELY INOPERABLE ON DECEMBER 31, 2010, REGARDLESS OF THE DATE YOU LAUNCH THE PROGRAM.

THIS TRIAL VERSION CONTAINS A LIMITED NUMBER OF MAJOR MODULE(S) INCLUDED IN THE RETAIL VERSION OF THE PRODUCT AND THESE ARE THE ONLY MODULE(S) YOU WILL BE ABLE TO INSTALL. EXTRA VALUE COMPONENTS AND APPLICATIONS OF THE RETAIL VERSION OF THE PRODUCT ARE NOT INCLUDED. ALL REFERENCES TO OTHER APPLICATIONS, EXTRA LIBRARIES OR OTHER CD-ROMS THAT MAY APPEAR IN THIS TRIAL VERSION OF THE PRODUCT ARE NOT APPLICABLE.

YOU ARE GRANTED A LICENSE TO USE THE TRIAL VERSION OF THE PRODUCT ONLY. SUCH LICENSE SHALL CONTINUE FOR THE PERIOD SET OUT ABOVE, AFTER WHICH TIME YOUR LICENSE TO USE THE TRIAL VERSION SHALL TERMINATE.

ANY ATTEMPT TO CIRCUMVENT ANY EXPIRY DATE TECHNOLOGY/TIME BOMB MECHANISM OR OTHER MECHANISM CONTAINED WITHIN THE SOFTWARE WHICH IS INTENDED TO LIMIT YOUR ABILITY TO USE THE SOFTWARE TO A SPECIFIED PERIOD IS A VIOLATION OF THIS LICENSE. ANY ATTEMPT TO CIRCUMVENT ANY SUCH EXPIRY DATE TECHNOLOGY/TIME BOMB MECHANISM SHALL RESULT IN THE IMMEDIATE TERMINATION OF YOUR LICENSE TO USE THE SOFTWARE.

BETA VERSION ADDENDUM TO THE EULA

IF THIS PRODUCT IS IDENTIFIED AS A BETA VERSION, YOUR USE OF THIS PRODUCT IS GOVERNED BY THE TERMS OF THE EULA AS MODIFIED BY THE TERMS OF THIS BETA VERSION ADDENDUM TO THE EULA. IN THE EVENT OF ANY CONFLICT BETWEEN THE TERMS OF THE EULA AND THIS BETA VERSION ADDENDUM, THE TERMS OF THIS BETA VERSION ADDENDUM TO THE EULA SHALL GOVERN. IN THE EVENT THAT YOU ARE AN AUTHORIZED BETALAND BETA TEST SITE AND HAVE BEEN AUTHORIZED TO TEST A BETA VERSION PRODUCT THAT HAS NOT BEEN MADE PUBLICLY AVAILABLE BY BETALAND, YOUR USE OF THE BETA VERSION PRODUCT SHALL BE GOVERNED BY THE TERMS OF THE BETA TEST SITE LICENSE AGREEMENT ENTERED INTO BETWEEN BETALAND AND YOURSELF AND THE PROVISIONS SET OUT BELOW SHALL NOT APPLY.

LICENSE GRANT: BETALAND grants to you a non-exclusive license to use the Product for evaluation and trial purposes only for a limited time. This license does not entitle you to hard-copy documentation, support or telephone assistance. While BETALAND intends to distribute a commercial release of the Product, BETALAND reserves the right at any time not to release a commercial release of the Product or, if released, to alter prices, features, licensing terms, or other characteristics of the commercial release.

TERMINATION: The license granted under this Beta Addendum will terminate thirty (30) days following BETALAND's release of a commercial release of the Product. The license will terminate automatically if you fail to comply with the limitations described herein. You must destroy all copies of the Product upon termination.

DISCLAIMER OF WARRANTIES: USER ACKNOWLEDGES THAT THE PRODUCT IS A PRE-RELEASE PRODUCT AND IS PROVIDED ON AN "AS IS" BASIS AND WITHOUT WARRANTY. THE PRODUCT MAY CONTAIN BUGS, ERRORS AND OTHER PROBLEMS THAT COULD CAUSE SYSTEM FAILURES OR MAY NOT PERFORM ALL FUNCTIONS FOR WHICH IT IS INTENDED OR REPRESENTED AND THE USE OF THE PRODUCT IS ENTIRELY AT THE USER'S RISK. THIS DISCLAIMER IS IN LIEU OF ALL WARRANTIES WHETHER EXPRESS OR IMPLIED, ARISING BY STATUTE, OPERATION OF LAW OR OTHERWISE, INCLUDING IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE.

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