eCube NXTera 5.0

eCube NO-NONSENSE LICENSE STATEMENT
AND LIMITED WARRANTY

IMPORTANT - READ CAREFULLY
This eCube software product ("Software") identified above, including any software, media, and accompanying on-line or printed documentation is licensed, not sold, by e-Cube Sysytems, L.L.C. ("eCube") to the individual or organization named in your invoice ("you").  This license statement and limited warranty constitutes a legal agreement ("License Agreement") between you and eCube for the Software.  BY INSTALLING, COPYING, OR OTHERWISE USING THE SOFTWARE, YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THE LICENSE AGREEMENT.  If you are the original purchaser and you do not agree with the terms and conditions of the License Agreement, promptly return the unused Software to the place from which you obtained it for a full refund.

Upon your acceptance of the terms and conditions of the License Agreement, eCube grants you the right to use the Software for your own internal data processing purposes in the manner provided herein and subject to the following license type and number restrictions:

(a)  Your invoice will show the number of licenses, by license type, for the Software you have acquired from eCube.  The total number of Software copies used by you may not exceed the number of licenses acquired by you for the specified license type.  Your use of the Software is restricted by license type as follows:

(i)  NAMED USER - a specific named person is permitted to use the Software,
(ii)  CONCURRENT USER - each copy of the Software is permitted to be accessed at any one time by no more than the number of users licensed for that particular copy of the Software running on a particular machine,
(iii)  MACHINE - a specific hardware system as designated on your invoice is permitted to run the Software, and
(iv)  MACHINE, BY NUMBER OF PROCESSORS - a specific hardware system having a specific number of processors as designated on your invoice is permitted to run the Software.

(b)  You may acquire additional licenses from eCube.  Only licensed users for whom the licenses have been acquired may use the Software.

(c)  Only licensed users may make copies of the Software for their backup purposes.

(d)  Only licensed users may access the Software over a network.

(e)  If this license was acquired for evaluation or demonstration purposes, your license is for a term of sixty (60) days (Evaluation Period) from the date the Software was installed.  At the end of the Evaluation Period, further use of the Software by you is prohibited without the purchase of a permanent license.  If you are not interested in purchasing a license for the Software at the end of the Evaluation Period, you hereby agree to remove the Software from all computer systems on which it was installed and to destroy any software and documentation received. You may request an Evaluation Period extension by contacting your sales representative.

The Software is owned by eCube or its suppliers and is protected by copyright law and international copyright treaty.  Therefore, you must treat the Software like any other copyrighted material (e.g., a book), except that you may either make one copy of the Software solely for backup or archival purposes or transfer the Software to a single hard disk provided you keep the original solely for backup or archival purposes.

You may transfer the Software and documentation on a permanent basis to another individual or organization for the number of licenses, by license type, you have acquired from eCube, provided that you obtain the prior written approval of eCube.  eCube will not withhold approval to a transferee located and for use within the country of purchase, if you advise eCube in writing of the name and address of the proposed transferee and the transferee agrees to be bound by this License Agreement and submits to eCube a new registration form identifying the machine(s) and user(s) to which the Software will be transferred.  If eCube approves the transfer of the Software, you agree to transfer all copies of the Software and documentation.

Except as provided in the License Agreement, you may not transfer, rent, lease, lend, copy, modify, translate, sublicense, time-share or electronically transmit or receive the Software, media or documentation.  You acknowledge that the Software in source code form remains a confidential trade secret of eCube and/or its suppliers and therefore you agree not to modify the Software or attempt to 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.

Upon eCube's written request, you shall furnish eCube with a signed certificate (a) verifying that the Software is being used fully in accordance with this License Agreement, including user and machine limitations, and (b) listing the locations, types and serial numbers of equipment on which the Software is run.  eCube may also audit the number of copies of the Software in use by you or in your possession, the equipment in or upon which the Software is installed and used and the number of users using the Software. Audits shall be conducted during your normal business hours at eCube's expense and so as not to interfere unduly with your business.  If an audit reveals any unpaid or underpaid fees due to eCube, you shall be invoiced for them based upon eCube's price list then in effect and, if the unpaid or underpaid fees shall exceed 5% of the license fees paid, you shall also be invoiced for the cost of eCube's audit.

If you have purchased an upgrade version of the Software, it constitutes a single product with the eCube software that you upgraded.  You may use or transfer the upgrade version of the Software only in accordance with the License Agreement.

This Software is subject to U.S. Commerce Department export restrictions, and is intended for use in the country into which eCube sold it (or in the EEC, if sold into the EEC).

LIMITED WARRANTY
eCube warrants that the Software, as updated and when properly used, will perform substantially in accordance with the accompanying documentation, and the Software media will be free from defects in materials and workmanship, for a period of ninety (90) days from the date of receipt.  Any implied warranties on the Software are limited to ninety (90) days.  Some states/jurisdictions do not allow limitations on duration of an implied warranty, so the above limitation may not apply to you.

eCube's and its suppliers' entire liability and your exclusive remedy shall be, at eCube's option, either (a) return of the price paid, or (b) repair or replacement of the Software that does not meet eCube's Limited Warranty and which is returned to eCube with a copy of your receipt.  DO NOT RETURN ANY PRODUCT UNTIL YOU HAVE CALLED THE eCube CUSTOMER SERVICE DEPARTMENT AND OBTAINED A RETURN AUTHORIZATION NUMBER.  This Limited Warranty is void if failure of the Software has resulted from accident, abuse, or misapplication.  Any replacement Software will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer.  Outside the United States, neither these remedies nor any product support services offered by eCube are available without proof of purchase from an authorized non-U.S. source.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, eCube AND ITS SUPPLIERS DISCLAIM ALL OTHER 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, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION.

LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL eCube 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 eCube HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, eCube'S AND ITS SUPPLIERS' ENTIRE LIABILITY UNDER ANY PROVISION OF THIS LICENSE AGREEMENT SHALL BE LIMITED TO THE GREATER OF THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE PRODUCT OR U.S. $25; PROVIDED, HOWEVER, IF YOU HAVE ENTERED INTO AN eCube SUPPORT SERVICES AGREEMENT, eCube'S AND ITS SUPPLIERS' ENTIRE LIABILITY REGARDING SUPPORT SERVICES SHALL BE GOVERNED BY THE TERMS OF THAT AGREEMENT. BECAUSE SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

HIGH RISK ACTIVITIES
The Software is not fault-tolerant and is not designed, manufactured or intended for use or resale as on-line control equipment in hazardous environments requiring fail-safe performance, such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines, or weapons systems, in which the failure of the Software could lead directly to death, personal injury, or severe physical or environmental damage ("High Risk Activities"). eCube and its suppliers specifically disclaim any express or implied warranty of fitness for High Risk Activities.

U.S. GOVERNMENT RESTRICTED RIGHTS
The Software and documentation are provided with RESTRICTED RIGHTS.  Use, duplication, or disclosure by the Government is subject to restrictions as set forth in subparagraphs (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software-Restricted Rights at 48 CFR 52.227-19, as applicable.  Manufacturer is eCube Systems, L.L.C, 821D Eva St., Suite 150, Montgomery, TX 77356.

GENERAL PROVISIONS
All terms of any purchase order or other ordering document shall be superseded by the License Agreement.  The License Agreement may only be modified in writing signed by you and an authorized officer of eCube.  If any provision of the License Agreement is found void or unenforceable, the remainder will remain valid and enforceable according to its terms.  If any remedy provided is determined to have failed for its essential purpose, all limitations of liability and exclusions of damages set forth in the Limited Warranty shall remain in effect.

The License Agreement shall be construed, interpreted and governed by the laws of the State of Texas, U.S.A.  The License Agreement gives you specific legal rights; you may have others which vary from state to state and from country to country.  eCube reserves all rights not specifically granted in the License Agreement.

