EDIdEv Framework EDI (R) version 5.3 Enterprise Edition Copyright (C) 1999-2007 EDIdEv LLC. All Rights Reserved IMPORTANT - PLEASE READ CAREFULLY: This License Agreement is a legal agreement between you (either an individual or a single entity) and EDIdEv LLC for the software that accompanies this License Agreement, which includes the computer software and may include associated media, printed materials, and electronic documentation ("SOFTWARE PACKAGE"). By installing, copying, or otherwise using the SOFTWARE PACKAGE, you agree to be bound by the terms of this License Agreement. If you do not agree to the terms of this License Agreement, do not install copy or use the SOFTWARE PACKAGE. SOFTWARE PACKAGE LICENSE The SOFTWARE PACKAGE is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The SOFTWARE PACKAGE is licensed, not sold. 1. GRANT OF LICENSE. EDIdEv hereby grants you a nonexclusive, non-transferable license: (i) to use the SOFTWARE PACKAGE internally on individual computers, including portable computers, all owned by the Licensee, solely at the Licensed Site; (ii) to use the SOFTWARE PACKAGE at a single facility. This includes a single business location or a single campus, but does not include multiple business locations or separate campuses; (iii) to use the SOFTWARE PACKAGE, solely for the design, simulation, implementation and manufacture of Products developed at the Licensed Site;and (iv) to make a copy of the SOFTWARE PACKAGE if it is necessary for the use of the SOFTWARE PACKAGE as mentioned above for the purposes of the execution of program functions, on-site distribution and for backup purposes. Distribution. You may distribute the SOFTWARE PACKAGE, outside the licensed site bound by this agreement, only in conjunction with and as a part of your application, and only the Dynamic Link Libraries (.DLL), .OCX files and .EDB files can be distributed. The following files from the SOFTWARE PACKAGE may NOT be distributed as part of your Application: i) Type Library (.TLB) files that is part of the SOFTWARE PACKAGE design and development environment. ii) The Online Documentation (or electronic documentation) files. iii) None of the Executable file (.EXE) utilities that accompany the SOFTWARE PACKAGE. iv) None of the other files that participate in the installation and configuration of the SOFTWARE PACKAGE. As part of your distribution rights you must further agree that (a) you do not permit further redistribution of the SOFTWARE PACKAGE by your end users; (b) you agree to indemnify, hold harmless, and defend EDIdEv from and against any claims or lawsuits, including attorney's fees that arise or result from the use or distribution of your Application; (c) you pay to EDIdEv a fee for each Application that you sell to your end users. Please contact EDIdEv at www.edidev.com for more information. 2. OTHER RIGHTS AND LIMITATIONS You may not reverse engineer, decompile or disassemble the SOFTWARE PACKAGE. You may permanently transfer all of your rights under this License Agreement provided that the recipient agrees to the terms of this License Agreement and that you retain no copies of the SOFTWARE PACKAGE. You may not sell, rent, or lease the SOFTWARE PACKAGE. Without prejudice to any other rights, EDIdEv may terminate this License Agreement if you fail to comply with the terms and agreements of this License Agreement. In such event, you must destroy all copies of the SOFTWARE PACKAGE and all components and parts. DISCLAIMER OF WARRANTIES EDIDEV EXPRESSLY DISCLAIMS ANY WARRANTY FOR THE SOFTWARE PRODUCT. THE SOFTWARE PRODUCT AND ANY RELATED DOCUMENTATION IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OR MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF LACK OF VIRUSES, OF ACCURACY OR COMPLETENESS OF RESPONSES, OF RESULTS, AND OF LACK OF NEGLIGENCE OR LACK OF WORKMANLIKE EFFORT, ALL WITH REGARD TO THE SOFTWARE PACKAGE, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, OR NON-INFRINGEMENT. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE SOFTWARE PACKAGE AND SUPPORT SERVICES REMAINS WITH YOU. EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND CERTAIN OTHER DAMAGES In no event shall EDIdEv or any if its officers and employees be liable for any special, incidental, indirect, or consequential damages whatsoever (including, without limitation, damages for loss of business profits, for business interruption, for loss of privacy, for failure to meet any duty including of good faith or of reasonable care, for negligence, for loss of business information, or for any other pecuniary or other loss whatsoever) arising out of the use of or inability to use this SOFTWARE PACKAGE, the provision of or failure to provide Support Services, or otherwise under or in connection with any provision of Agreement, even in the event of fault, tort, strict liability, breach of contract or breach of warranty of EDIdEv, even if EDIdEv 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. LIMITATION OF LIABILITY AND REMEDIES Notwithstanding any damages that you might incur for any reason whatsoever (including, without limitation, all damages referenced above and all direct or general damages), the entire liability of EDIdEv under any provision of this Agreement and your exclusive remedy for all of the foregoing shall be limited to the greater of the amount actually paid by you for the SOFTWARE PACKAGE or U.S.$5.00. The foregoing limitations, exclusions and disclaimers shall apply to the maximum extent permitted by applicable law, even if any remedy fails its essential purpose. COPYRIGHT All title and copyrights in and to the SOFTWARE PACKAGE (including but not limited to any text, photographs and multimedia incorporated into the SOFTWARE PACKAGE), the accompanying printed materials and any copies of the SOFTWARE PACKAGE are owned by EDIdEv. The SOFTWARE PACKAGE is protected by copyright laws and international treaty provisions. Therefore, you must treat the SOFTWARE PACKAGE as copyrighted material. EVALUATION PERIOD (FOR THE EVALUATION VERSION) This is not free software. Subject to the terms below, you are hereby licensed to use this software for evaluation purposes without charge for a period of 90 days or less. After the evaluation period, a registration fee as listed on our homepage www.edidev.com for this product, is required. Payments must be in US dollars drawn on a US bank, and should be sent to EDIdEv LLC, P.O. Box 10536, Burbank CA 91510. When payment is received you will be sent a registered copy of the latest version of the SOFTWARE PACKAGE. Unregistered use of the SOFTWARE PACKAGE after the evaluation period is in violation of U.S. and international copyright laws. WARNING: THE SOFTWARE WILL NO LONGER CONTINUE TO FUNCTION AFTER THE EVALUATION PERIOD. GOVERNING LAW This agreement shall be governed by the laws of the State of California. ###