CASEMaker Inc. License Agreement

REDISTRIBUTABLE DBMAKER TARGET APPLICATION

NOTICE TO USER: PLEASE READ THIS LICENSE AGREEMENT. This is a legal agreement ("License") between you (either an individual or single entity) and CASEMaker Inc. ("CASEMaker"). The enclosed or downloaded CASEMaker DBMaker product ("Product") is licensed by CASEMaker for use only on the terms set forth herein. The Product includes the DBMaker software ("Software") and related explanatory written or on-line materials ("Documentation"). The term "Software" includes any upgrades, modified versions, additions and copies of the Software provided to you by CASEMaker. By downloading, installing, copying or otherwise using the Software, you agree to be bound by the terms of this License. If you do not agree to the terms of this License, you should not download the Software or, if you have received the Software in packaged form, you should return the Product to CASEMaker.

1. GRANT OF LICENSE. CASEMaker grants to you the following non-exclusive, non-transferable rights:

• Software and Use-You may install and use one copy of the Software on a single computer. You may also store or install a copy of the Software on a storage device, such as a network server, used only to install or run the Software on your other computers over an internal network. You may make a reasonable number of backup copies of the Software.

• Redistribution --The Software may be physically incorporated in target applications running on the Linux platform which you redistribute to other parties ("Target Application"); provided, however, that you do not change or omit any proprietary rights notices appearing on or in the Software and either (a) the Software is not revealed to the end user of the Target Application, or (b) the Software is separately installed from the Target Application by the end user. Any such Target Application must be distributed with a written end user license agreement which prohibits further copying or redistribution, and which disclaims all warranties as to the Software.

• Upgrades-Upon receipt of a copy of an upgraded version of the Software, the licenses granted hereunder shall be transferred to such upgraded version, if any, and any rights to use the prior version of the Software shall terminate thirty (30) days after receipt.

2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS. Limitations on Reverse Engineering, Decompilation and Disassembly-You may not reverse engineer, decompile or disassemble the Software, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.

• Software Transfer-You may not rent, lease or otherwise transfer the Software to any third party.

• Termination- You may terminate this License at any time by destroying the Product, together with all copies. Without prejudice to any other rights, CASEMaker may terminate this License if you fail to comply with the terms and conditions of this License. In such event, you must destroy all copies of the Software.

3. COPYRIGHT. The Product is the proprietary product of CASEMaker, and is protected by copyright laws and international treaty provisions. Except for the limited license granted hereunder, this License does not grant you any rights, including intellectual property rights, in or to the Software or Product.

4. DISCLAIMER OF WARRANTY FOR SOFTWARE. THE SOFTWARE IS LICENSED ON AN "AS IS" BASIS WITHOUT WARRANTY. CASEMAKER DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. CASEMAKER MAKES NO REPRESENTATIONS CONCERNING THE QUALITY OF THE SOFTWARE AND DOES NOT PROMISE THAT THE SOFTWARE WILL BE ERROR FREE OR WILL OPERATE WITHOUT INTERRUPTION.

5. LIMITATION OF LIABILITY. You agree that regardless of the form of any claim you may have, CASEMaker's liability to you or any other party shall not exceed the purchase price paid by you to CASEMaker for the Product.

IN NO EVENT WILL CASEMAKER BE RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, SUCH AS, BUT NOT LIMITED TO, LOSS OF PROFIT OR LOSS OF DATA, EVEN IF CASEMAKER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

6. OWNERSHIP OF SOFTWARE. CASEMaker and its suppliers have and will retain all ownership rights to the Product, including all patent rights, copyrights, trademarks, service marks, related goodwill and confidential and proprietary information. You have no rights in the Product except as explicitly stated in this Agreement.

7. GOVERNING LAW. This Agreement is made under and shall be governed by and construed in accordance with the laws of the State of California. The parties hereby exclusively submit to the personal jurisdiction of the United States District court for the Northern District of California, and the State courts of the State of California for the County of Santa Clara, and waive any objection based on venue or convenience of forum.

8. EXPORT LAW ASSURANCES. You acknowledge and agree that the Product is subject to restrictions and controls imposed by the United States Export Administration Act (the "Act") and the regulations thereunder. You agree and certify that neither the Product nor any direct product thereof is being or will be acquired, shipped, transferred or re exported, directly or indirectly, into any country prohibited by the Act and the regulations thereunder or will be used for any purpose prohibited by the same.

9. INDEMNITY. You agree to indemnify, defend and hold CASEMaker harmless from any claim, lawsuit, legal proceeding, settlement or judgment (including without limitation CASEMaker's reasonable attorneys fees and costs) arising out of or in connection with the copying, marketing, performance or other distribution or use of the Target Application.

10. SUPPORT. Except as may be provided in a separate agreement between CASEMaker and you, if any, CASEMaker is under no obligation to support the Software or the copies of the Software made and distributed hereunder, and CASEMaker has no obligation to furnish you with any further assistance, documentation or information of any kind. You are solely responsible for maintenance of all portions of any Target Applications you develop.

11. MISCELLANEOUS. Failure by either party to enforce any provision of this Agreement shall not be deemed a waiver of future enforcement of that or any other provision. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall nevertheless continue to be in full force and effect. This Agreement constitutes the entire agreement between you and CASEMaker with respect to its subject matter and may only be modified by a writing executed by an officer of CASEMaker.

12. COPYRIGHT ICON. If you develop any applications with our software product, refer the Copyright License of DBMaker Database. This comes with the law of Property Right. With various products you may develop, we offer different tag forms and icons for you to choose. You agree to put the icon and related documents in an appropriate area in your products. Click here to view available icons.

CASEMaker, Inc.
1680 Civic Center Drive
Santa Clara, CA 95050
USA