22MILES SOFTWARE LICENSE TERMS 2009 22MILES MULTI-TOUCH APPLICATION SOFTWARE Below are two separate sets of License Terms. Only one set applies to you. To determine which License Terms apply to you check the license designation printed either on your product key, or on the download page if you obtained your product key online. If your designation is FPP, then the Standard License Terms below apply to you. If your designation is Demo, then the PARTNER DEMO License Kit Terms below apply to you. If you need assistance finding your license type, please contact 22MILES sales team for more information. 1. STANDARD LICENSE TERMS These license terms are an agreement between 22 Miles Corporation and you. They apply to the software that accompanies these license terms, which includes the media on which you received it, if any. The terms also apply to any 22MILES updates, supplements, Internet-based services, and support services for this software, unless other terms accompany those items. If so, those terms apply. BY USING THE SOFTWARE, YOU ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT THEM, DO NOT USE THE SOFTWARE. THE SOFTWARE IS NON-RETURNABLE. AS DESCRIBED BELOW, USING THE SOFTWARE ALSO OPERATES AS YOUR CONSENT TO THE TRANSMISSION OF CERTAIN COMPUTER INFORMATION DURING ACTIVATION, VALIDATION AND FOR INTERNET-BASED SERVICES. IF YOU COMPLY WITH THESE LICENSE TERMS, YOU HAVE THE RIGHTS BELOW FOR EACH LICENSE YOU ACQUIRE. 1. OVERVIEW. These license terms permit installation and use of one copy of the software on one device, along with other rights, all as described below. 2. INSTALLATION AND USE RIGHTS. Before you use the software under a license, you must assign that license to one device. That device is the "licensed device." A hardware partition or blade is considered to be a separate device. a. Licensed Device. You may install and use one copy of the software on the licensed device. b. Portable Device. You may install another copy on a portable device for use by the single primary user of the licensed device. c. Separation of Components. The components of the software are licensed as a single unit. You may not separate the components and install them on different devices. 3. ADDITIONAL LICENSING REQUIREMENTS AND/OR USE RIGHTS. a. Remote Access. The single primary user of the licensed device may access and use the software installed on the licensed device remotely from any other device. You may allow other users to access the software to provide you with support services. You do not need additional licenses for this access. No other person may use the software under the same license at the same time for any other purpose. b. Multiplexing. Hardware or software you use to pool connections, or reduce the number of devices or users that directly access or use the software (sometimes referred to as "multiplexing" or "pooling"), does not reduce the number of licenses you need. c. Trial and Conversion. Some or all of the software may be licensed on a trial basis. Your rights to use trial software are limited to the trial period. The trial software and length of the trial period are set forth during the activation process. You may have the option to convert your trial rights to subscription or perpetual rights. Conversion options will be presented to you at the expiration of your trial period. After the expiration of any trial period without conversion, most features of the trial software will stop running. At that time you can continue to open, view and print any documents you created with the trial software. d. Subscription Software. If you licensed the software on a subscription basis, your rights to use the software are limited to the subscription period. You may have the option to extend your subscription or convert to a perpetual license. If you extend your subscription, you may continue using the software until the end of your extended subscription period. See the software activation screens or other accompanying materials for subscription details. After the expiration of your subscription, most features of the software will stop running. 4. MANDATORY ACTIVATION. Activation associates the use of the software with a specific device. During activation, the software will send information about the software and the device to 22MILES. This information includes the version, the license version, language and the product ID of the software, Internet protocol address of the device and information derived from the hardware configuration. For more information, please contact our technical support team. BY USING THE SOFTWARE, YOU CONSENT TO THE TRANSMISSION OF THIS INFORMATION. After the time recommended for activation expires, your rights to use the software will be limited until the software is activated. This is to prevent its unlicensed use. You can activate the software by Internet or telephone; Internet and telephone service charges may apply. Some changes to your computer components or the software may require you to reactivate the software. THE SOFTWARE WILL REMIND YOU TO ACTIVATE UNTIL YOU DO. 5. VALIDATION. a. The software will from time to time update or require download of the validation feature of the software. Validation verifies that the software has been activated and is properly licensed. Validation also permits you to use certain features of the software or to obtain additional benefits. For more information, please contact 22MILES technical support team. b. During a validation check, the software will send information about the software to 22MILES. This information includes the version of the software and the product key. 22MILES does not use the information to identify or contact you. BY USING THE SOFTWARE, YOU CONSENT TO THE TRANSMISSION OF THIS INFORMATION. For more information, please contact 22MILES technical support team. c. If the software is not properly licensed, the functionality of the software may be affected. For example, you may need to reactivate the software, or receive reminders to obtain a properly licensed copy of the software, or not obtain certain updates, upgrades or services from 22MILES. d. You may only obtain updates or upgrades for the software from 22MILES or authorized sources. For more information on obtaining updates from authorized sources, please contact 22MILES technical support team. 6. SCOPE OF LICENSE. The software is licensed, not sold. This agreement only gives you some rights to use the software. 22MILES and if applicable your manufacturer, reserve all other rights. Unless applicable law gives you more rights despite this limitation, you may use the software only as expressly permitted in this agreement. In doing so, you must comply with any technical limitations in the software that only allow you to use it in certain ways. For more information, please contact 22MILES legal team. You may not: - work around any technical limitations in the software; - reverse engineer, decompile or disassemble the software, except and only to the extent that applicable law expressly permits, despite this limitation; - make more copies of the software than specified in this agreement or allowed by applicable law, despite this limitation; - publish the software for others to copy; - use the software in any way that is against the law; - rent, lease or lend the software; or - use the software for commercial software hosting services. 7. BACKUP COPY. You may make one backup copy of the media. You may use it only to reinstall the software. 8. NOT FOR RESALE SOFTWARE. You cannot resell the software unless with writen permission. 9. UPGRADE OR CONVERSION. To upgrade or convert software, you must first be licensed for the software that is eligible for the upgrade or conversion. Upon upgrade or conversion, this agreement takes the place of the agreement for the software you upgraded or converted from. After you upgrade or convert, you may no longer use the earlier version of the software you upgraded or converted from. 10. REASSIGN TO ANOTHER DEVICE. You may reassign the license to a different device any number of times, but not more than one time every 90 days. If you reassign, that other device becomes the "licensed device." If you retire the licensed device due to hardware failure, you may reassign the license sooner. 11. TRANSFER TO A THIRD PARTY. The first user of the software may make a one-time transfer of the software, and this agreement, directly to a third party. The first user must uninstall the software before transferring it separately from the device. The first user may not retain any copies. Before any permitted transfer, the other party must agree that this agreement applies to the transfer and use of the software. The transfer must include the proof of license. If the software is an upgrade, any transfer must also include all prior versions of the software. 12. EXPORT RESTRICTIONS. The software is subject to United States export laws and regulations. You must comply with all domestic and international export laws and regulations that apply to the software. These laws include restrictions on destinations, end users and end use. For additional information, please contact 22MILES legal team. 13. SUPPORT SERVICES. 22MILES provides support services for the software as described at 001 (408) 705-4438. 14. ENTIRE AGREEMENT. This agreement (including the warranty below), any addendum or amendment included with the software, and the terms for supplements, updates, Internet-based services and support services that you use, are the entire agreement for the software and support services. 15. APPLICABLE LAW. a. United States. If you acquired the software in the United States, California state law governs the interpretation of this agreement and applies to claims for breach of it, regardless of conflict of laws principles. The laws of the state where you live govern all other claims, including claims under state consumer protection laws, unfair competition laws, and in tort. b. Outside the United States. If you acquired the software in any other country, the laws of that country apply. 16. LEGAL EFFECT. This agreement describes certain legal rights. You may have other rights under the laws of your state or country. You may also have rights with respect to the party from whom you acquired the software. This agreement does not change your rights under the laws of your state or country if the laws of your state or country do not permit it to do so. 17. LIMITATION ON AND EXCLUSION OF DAMAGES. YOU CAN RECOVER FROM 22MILES AND ITS SUPPLIERS ONLY DIRECT DAMAGES UP TO THE AMOUNT YOU PAID FOR THE SOFTWARE. YOU CANNOT RECOVER ANY OTHER DAMAGES, INCLUDING CONSEQUENTIAL, LOST PROFITS, SPECIAL, INDIRECT OR INCIDENTAL DAMAGES. This limitation applies to - anything related to the software, services, content (including code) on third party Internet sites, or third party programs; and - claims for breach of contract, breach of warranty, guarantee or condition, strict liability, negligence, or other tort to the extent permitted by applicable law. It also applies even if - repair, replacement or a refund for the software does not fully compensate you for any losses; or - 22MILES knew or should have known about the possibility of the damages. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. They also may not apply to you because your country may not allow the exclusion or limitation of incidental, consequential or other damages. ************************************************************************************** LIMITED WARRANTY A. LIMITED WARRANTY. If you follow the instructions, the software will perform substantially as described in the 22MILES materials that you receive in or with the software. B. TERM OF WARRANTY; WARRANTY RECIPIENT; LENGTH OF ANY IMPLIED WARRANTIES. THE LIMITED WARRANTY COVERS THE SOFTWARE FOR THREE MONTHS AFTER ACQUIRED BY THE FIRST USER. IF YOU RECEIVE SUPPLEMENTS, UPDATES, OR REPLACEMENT SOFTWARE DURING THAT PERIOD, THEY WILL BE COVERED FOR THE REMAINDER OF THE WARRANTY OR 30 DAYS, WHICHEVER IS LONGER. If the first user transfers the software, the remainder of the warranty will apply to the recipient. TO THE EXTENT PERMITTED BY LAW, ANY IMPLIED WARRANTIES, GUARANTEES OR CONDITIONS LAST ONLY DURING THE TERM OF THE LIMITED WARRANTY. Some states do not allow limitations on how long an implied warranty lasts, so these limitations may not apply to you. They also might not apply to you because some countries may not allow limitations on how long an implied warranty, guarantee or condition lasts. C. EXCLUSIONS FROM WARRANTY. This warranty does not cover problems caused by your acts (or failures to act), the acts of others, or events beyond 22MILES’s reasonable control. 2. PARTNER DEMO LICENSE TERMS These license terms are an agreement between 22MILES and its partners. They apply to the software that accompanies these license terms, which includes the media on which you received it, if any. Printed paper license terms, which may come with the software, take the place of any on-screen license terms. The terms also apply to any 22MILES updates, supplements, Internet-based services, and support services for this software, unless other terms accompany those items. If so, those terms apply. If you obtain updates or supplements directly from 22MILES, then these terms apply except that 22MILES, not the manufacturer or installer, licenses those to you. These license terms are an agreement between 22 Miles Corporation and you. They apply to the software that accompanies these license terms, which includes the media on which you received it, if any. The terms also apply to any 22MILES updates, supplements, Internet-based services, and support services for this software, unless other terms accompany those items. If so, those terms apply. BY USING THE SOFTWARE, YOU ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT THEM, DO NOT USE THE SOFTWARE. THE SOFTWARE IS NON-RETURNABLE. AS DESCRIBED BELOW, USING THE SOFTWARE ALSO OPERATES AS YOUR CONSENT TO THE TRANSMISSION OF CERTAIN COMPUTER INFORMATION DURING ACTIVATION, VALIDATION AND FOR INTERNET-BASED SERVICES. IF YOU COMPLY WITH THESE LICENSE TERMS, YOU HAVE THE RIGHTS BELOW FOR EACH LICENSE YOU ACQUIRE. 1. OVERVIEW. These license terms permit installation and use of one copy of the software on one device, along with other rights, all as described below. 2. INSTALLATION AND USE RIGHTS. Before you use the software under a license, you must assign that license to one device. That device is the "licensed device." A hardware partition or blade is considered to be a separate device. a. Licensed Device. You may install and use one copy of the software on the licensed device. b. Portable Device. You may install another copy on a portable device for use by the single primary user of the licensed device. c. Separation of Components. The components of the software are licensed as a single unit. You may not separate the components and install them on different devices. d. Logo of 22MILES. The software requires 22MILES logo and contact information shows on top all the time, without exception. 3. ADDITIONAL LICENSING REQUIREMENTS AND/OR USE RIGHTS. a. Remote Access. The single primary user of the licensed device may access and use the software installed on the licensed device remotely from any other device. You may allow other users to access the software to provide you with support services. You do not need additional licenses for this access. No other person may use the software under the same license at the same time for any other purpose. b. Multiplexing. Hardware or software you use to pool connections, or reduce the number of devices or users that directly access or use the software (sometimes referred to as "multiplexing" or "pooling"), does not reduce the number of licenses you need. c. Trial and Conversion. Some or all of the software may be licensed on a trial basis. Your rights to use trial software are limited to the trial period. The trial software and length of the trial period are set forth during the activation process. You may have the option to convert your trial rights to subscription or perpetual rights. Conversion options will be presented to you at the expiration of your trial period. After the expiration of any trial period without conversion, most features of the trial software will stop running. At that time you can continue to open, view and print any documents you created with the trial software. d. Subscription Software. If you licensed the software on a subscription basis, your rights to use the software are limited to the subscription period. You may have the option to extend your subscription or convert to a perpetual license. If you extend your subscription, you may continue using the software until the end of your extended subscription period. See the software activation screens or other accompanying materials for subscription details. After the expiration of your subscription, most features of the software will stop running. 4. MANDATORY ACTIVATION. Activation associates the use of the software with a specific device. During activation, the software will send information about the software and the device to 22MILES. This information includes the version, the license version, language and the product ID of the software, Internet protocol address of the device and information derived from the hardware configuration. For more information, please contact our technical support team. BY USING THE SOFTWARE, YOU CONSENT TO THE TRANSMISSION OF THIS INFORMATION. After the time recommended for activation expires, your rights to use the software will be limited until the software is activated. This is to prevent its unlicensed use. You can activate the software by Internet or telephone; Internet and telephone service charges may apply. Some changes to your computer components or the software may require you to reactivate the software. THE SOFTWARE WILL REMIND YOU TO ACTIVATE UNTIL YOU DO. 5. VALIDATION. a. The software will from time to time update or require download of the validation feature of the software. Validation verifies that the software has been activated and is properly licensed. Validation also permits you to use certain features of the software or to obtain additional benefits. For more information, please contact 22MILES technical support team. b. During a validation check, the software will send information about the software to 22MILES. This information includes the version of the software and the product key. 22MILES does not use the information to identify or contact you. BY USING THE SOFTWARE, YOU CONSENT TO THE TRANSMISSION OF THIS INFORMATION. For more information, please contact 22MILES technical support team. c. If the software is not properly licensed, the functionality of the software may be affected. For example, you may need to reactivate the software, or receive reminders to obtain a properly licensed copy of the software, or not obtain certain updates, upgrades or services from 22MILES. d. You may only obtain updates or upgrades for the software from 22MILES or authorized sources. For more information on obtaining updates from authorized sources, please contact 22MILES technical support team. 6. SCOPE OF LICENSE. The software is licensed, not sold. This agreement only gives you some rights to use the software. 22MILES and if applicable your manufacturer, reserve all other rights. Unless applicable law gives you more rights despite this limitation, you may use the software only as expressly permitted in this agreement. In doing so, you must comply with any technical limitations in the software that only allow you to use it in certain ways. For more information, please contact 22MILES legal team. You may not: - work around any technical limitations in the software; - reverse engineer, decompile or disassemble the software, except and only to the extent that applicable law expressly permits, despite this limitation; - make more copies of the software than specified in this agreement or allowed by applicable law, despite this limitation; - publish the software for others to copy; - use the software in any way that is against the law; - rent, lease or lend the software; or - use the software for commercial software hosting services. - remove 22miles logo on the software 7. BACKUP COPY. You may make one backup copy of the media. You may use it only to reinstall the software. 8. NOT FOR RESALE SOFTWARE. You cannot resell the software unless with writen permission. 9. UPGRADE OR CONVERSION. To upgrade or convert software, you must first be licensed for the software that is eligible for the upgrade or conversion. Upon upgrade or conversion, this agreement takes the place of the agreement for the software you upgraded or converted from. After you upgrade or convert, you may no longer use the earlier version of the software you upgraded or converted from. 10. REASSIGN TO ANOTHER DEVICE. You may reassign the license to a different device any number of times, but not more than one time every 90 days. If you reassign, that other device becomes the "licensed device." If you retire the licensed device due to hardware failure, you may reassign the license sooner. 11. NOT TRANSFERRABLE TO A THIRD PARTY. THIS DEMO LICENSE IS NON-TRANSFERRABLE. 12. EXPORT RESTRICTIONS. The software is subject to United States export laws and regulations. You must comply with all domestic and international export laws and regulations that apply to the software. These laws include restrictions on destinations, end users and end use. For additional information, please contact 22MILES legal team. 13. SUPPORT SERVICES. 22MILES provides limited support services for the demo software. 14. ENTIRE AGREEMENT. This agreement (including the warranty below), any addendum or amendment included with the software, and the terms for supplements, updates, Internet-based services and support services that you use, are the entire agreement for the software and support services. 15. APPLICABLE LAW. a. United States. If you acquired the software in the United States, California state law governs the interpretation of this agreement and applies to claims for breach of it, regardless of conflict of laws principles. The laws of the state where you live govern all other claims, including claims under state consumer protection laws, unfair competition laws, and in tort. b. Outside the United States. If you acquired the software in any other country, the laws of that country apply. 16. LEGAL EFFECT. This agreement describes certain legal rights. You may have other rights under the laws of your state or country. You may also have rights with respect to the party from whom you acquired the software. This agreement does not change your rights under the laws of your state or country if the laws of your state or country do not permit it to do so. 17. LIMITATION ON AND EXCLUSION OF DAMAGES. THIS LICENSE IS FOR DEMO PURPOSE AND PROVIDED AS IS. 22MILES DOES NOT FULLY COMPENSATE YOU FOR ANY LOSSES. ************************************************************************************** LIMITED WARRANTY A. LIMITED WARRANTY. If you follow the instructions, the software will perform substantially as described in the 22MILES materials that you receive in or with the software. B. TERM OF WARRANTY; WARRANTY RECIPIENT; LENGTH OF ANY IMPLIED WARRANTIES. THE LIMITED WARRANTY COVERS THE SOFTWARE FOR ONE MONTHS AFTER ACQUIRED BY THE FIRST USER.