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Terms of Software Evaluation Licenses – Nov 25, 2004

This document sets forth the terms under which ECROS Technology grants a license for the purpose of evaluating its software products.  These terms apply to personal use of the software product as well as to commercial use.

Grant of License

This document is not itself a license.  On granting you a license to evaluate a specific software product, ECROS Technology will send you a separate statement to that effect.  The license will reference these terms, including the date as stated above.  A license sent by mail is granted to the individual named in the postal address.  A license sent by e-mail is granted to the individual owning and regularly using the e-mail address.

Termination of License

An evaluation license terminates when any of the following occur: 1) the evaluation period ends, 2) you notify ECROS Technology that you wish to terminate the license, 3) you violate any of the terms of the license or 4) for licenses sent by e-mail, you cancel or abandon the e-mail address to which it was sent.  On termination of the license, you agree to destroy all copies of the licensed software that you have received, created, installed or placed in service in source, object or executable form on paper, on computer media or in memory devices or in any other form unless another license comes into force granting you continued use of the software.

Non-Transferable

Evaluation licenses are non-transferable.  You may not pass on the software to anyone else under any circumstances.  Anyone wishing to have a copy of the software must apply directly to ECROS Technology.  You may not assist anyone in obtaining the software without a license, such as, but not limited to, disclosing any passwords or keys used by ECROS Technology to limit access to the software.

Permitted Use

When you are granted an evaluation license, you may, during the evaluation period only, use the software, exactly as it is delivered to you, solely for the purpose of evaluating the software.  The evaluation period is 30 consecutive calendar days, starting on the date the license is granted, unless another period is explicitly stated in the license.

If the software is supplied along with a demonstration framework which is explicitly identified as such and is not part of the software product, then that framework may be copied and modified as part of the evaluation on condition that the ECROS Technology copyright notice is preserved exactly as supplied.  In all other respects, demonstration frameworks are covered by the terms of this license, must not be given to anyone else and must be discarded, along with derivative works, on termination of the license and any extensions.

Non-Permitted Use

You may not, during evaluation, incorporate the software into any work that passes out of your direct control, such as a prototype or product delivered to a customer, without explicit permission from ECROS Technology.  You may not reverse engineer, disassemble or decompile the software. You may not make changes to the software, either to gain access to features not included in Evaluation versions, to alter any text strings in the software or for any other reason. You may not publish reviews of the software without the knowledge of ECROS Technology.  You may not continue to use the software in any way after the termination of the evaluation period and any extensions explicitly granted by ECROS Technology.

Warranty and Liability

ECROS Technology warrants that its products perform substantially in accordance with their documentation.  Liability is limited to the refund of the purchase price.  In no event shall ECROS Technology be liable for indirect, incidental or consequential damages whatsoever relating to the use of its products.  ECROS Technology products are not certified for use in safety-critical applications.

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