SWIFFERCHART LICENSE AGREEMENT

This is a legal agreement ("AGREEMENT") between you, the Licensed User, and Yaaman Inc., ("YAAMAN") a California corporation, markets and supports this product or feature release (both hereinafter "PRODUCT"). BY DOWNLOADING THE SOFTWARE, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, PLEASE DO NOT DOWNLOAD, INSTALL OR USE THE PRODUCT.

1.	GRANT OF LICENSE. This PRODUCT contains software that provides services on a server. This PRODUCT is licensed under a site license model. Server Software is activated by site licenses that allow use of the Server Software in increments defined by the license model ("Site Licenses"). Site Licenses for other Yaaman products or other editions of the same PRODUCT may not be used to increase the allowable use for the PRODUCT. Yaaman grants to you the following worldwide, non-exclusive and perpetual rights (except as subject to termination as set forth below and as to Evaluation PRODUCTS) to the PRODUCT, if any, and accompanying documentation (collectively called the "SOFTWARE"):

a.	Each Site License for the Software may be installed and used only on a single license server within your production environment and a single license server within your disaster recovery environment.

b.	Not For Resale. If this SOFTWARE is labeled "Not For Resale," notwithstanding any term to the contrary in this Agreement, your license permits use only if you are a current Yaaman authorized distributor or reseller and then only for demonstration, test, or evaluation purposes in support of your customers. Not for Resale Software may not be used for customer training.

c.	Evaluation. If this SOFTWARE is labeled "Evaluation," notwithstanding any term to the contrary in this Agreement, your license permits use only for your internal demonstration, test, or evaluation purposes.

d.	Developers' Edition. If this SOFTWARE is labeled "Developers' Edition," notwithstanding any term to the contrary in this Agreement, your license permits use only for your internal development of product(s) to operate in conjunction with the SOFTWARE. You receive no license hereunder to incorporate the SOFTWARE or any portion thereof in your own product(s).

e.	Archive Copy. You may make one (1) copy of the SOFTWARE in machine-readable form solely for back-up purposes, provided that you reproduce all proprietary notices on the copy.

2.	HOSTING RIGHTS. You may use the PRODUCT as part of your application only to third parties ("Hosting") and NOT this component itself as a hosted service.

You acknowledge that Yaaman may develop and market new or different computer programs or editions of the SOFTWARE that use portions of the SOFTWARE and that perform all or part of the functions performed by the SOFTWARE. Nothing contained in this AGREEMENT shall give you any rights with respect to such new or different computer programs or editions. You also acknowledge that Yaaman is not obligated under this AGREEMENT to make any Updates available to the public. Any deliveries of Updates shall be exworks Yaaman.

3.	DESCRIPTION OF OTHER RIGHTS, LIMITATIONS AND OBLIGATIONS. Unless expressly permitted by applicable law, you may not rent, timeshare, or lease the SOFTWARE, but you may make a permanent transfer of the SOFTWARE and accompanying written materials to a third party, provided you promptly notify Yaaman of the transfer and retain no copies and the third party agrees to the terms of this AGREEMENT prior to the transfer.  You may not modify, translate, reverse engineer, decompile, disassemble, create derivative works based on, or copy (except for back-up as permitted above) the SOFTWARE, except to the extent such foregoing restriction is expressly prohibited by applicable law. You may not remove any proprietary notices, labels, or marks on any SOFTWARE. To the extent permitted by applicable law, you agree to allow Yaaman to audit your compliance with the terms of this AGREEMENT upon prior written notice during normal business hours.

YOU MAY NOT USE, COPY, MODIFY, OR TRANSFER THE SOFTWARE OR ANY COPY IN WHOLE OR IN PART, OR GRANT ANY RIGHTS IN THE SOFTWARE OR ACCOMPANYING DOCUMENTATION, EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT. ALL RIGHTS NOT EXPRESSLY GRANTED ARE RESERVED BY YAAMAN OR ITS SUPPLIERS.

You hereby agree, that to the extent that any applicable mandatory laws (such as, for example, national laws implementing EC Directive 91/250 on the Legal Protection of Computer Programs) give you the right to perform any of the aforementioned activities without the consent of Yaaman to gain certain information about the SOFTWARE, before you exercise any such rights, you shall first request such information from Yaaman in writing detailing the purpose for which you need the information. Only if and after Yaaman, at its sole discretion, partly or completely denies your request, shall you exercise your statutory rights.

4.	INFRINGEMENT INDEMNIFICATION. Yaaman shall indemnify and defend, or at its option, settle any claim, suit or proceeding brought against you based on an allegation that the SOFTWARE infringes upon any patent or copyright of any third party ("Infringement Claim"), provided you promptly notify Yaaman in writing of your notification or discovery of an Infringement Claim such that Yaaman is not prejudiced by any delay in such notification. Yaaman will have sole control over the defense or settlement of any Infringement Claim and you will provide reasonable assistance in the defense of the same. Following notice of an Infringement Claim, or if Yaaman believes such a claim is likely, Yaaman may at its sole expense and option: (i) procure for you the right to continue to use the alleged infringing SOFTWARE; (ii) replace or modify the SOFTWARE to make it non-infringing; or (iii) accept return of the SOFTWARE and provide you with a refund as appropriate. Yaaman assumes no liability for any Infringement Claims or allegations of infringement based on: (i) your use of any SOFTWARE after notice that you should cease use of such SOFTWARE due to an Infringement Claim; (ii) any modification of the SOFTWARE by you or at your direction; or (iii) your combination of SOFTWARE with non-Yaaman programs, data, hardware, or other materials, if such Infringement Claim would have been avoided by the use of the SOFTWARE alone. THE FOREGOING STATES YOUR EXCLUSIVE REMEDY WITH RESPECT TO ANY INFRINGEMENT CLAIM.

5.	LIMITED WARRANTY AND DISCLAIMER. Yaaman warrants that, for a period of ninety (90) days from the date of delivery of the SOFTWARE to you, the media on which the SOFTWARE is furnished, if any, under normal use will be free from defects in materials and workmanship, and that the SOFTWARE will perform substantially in accordance with the Yaaman product documentation published by Yaaman and included with the SOFTWARE. Yaaman and its suppliers' entire liability and your exclusive remedy under this warranty (which is subject to you returning the SOFTWARE to Yaaman or an authorized reseller) will be, at the sole option of Yaaman and subject to applicable law, to replace the media and/or SOFTWARE or to refund the purchase price and terminate this AGREEMENT.

TO THE EXTENT PERMITTED BY APPLICABLE LAW AND EXCEPT FOR THE ABOVE LIMITED WARRANTY FOR SOFTWARE, YAAMAN AND ITS SUPPLIERS MAKE AND YOU RECEIVE NO WARRANTIES OR CONDITIONS, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, AND YAAMAN AND ITS SUPPLIERS SPECIFICALLY DISCLAIM WITH RESPECT TO SOFTWARE AND SUBSCRIPTION ANY CONDITIONS OF QUALITY, AVAILABILITY, RELIABILITY, SECURITY, LACK OF VIRUSES, BUGS OR ERRORS, AND ANY IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE. THE SOFTWARE IS NOT DESIGNED, MANUFACTURED, OR INTENDED FOR USE OR DISTRIBUTION WITH ANY EQUIPMENT THE FAILURE OF WHICH COULD LEAD DIRECTLY TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE. YOU ASSUME THE RESPONSIBILITY FOR THE SELECTION OF THE SOFTWARE AND HARDWARE TO ACHIEVE YOUR INTENDED RESULTS, AND FOR THE INSTALLATION OF, USE OF, AND RESULTS OBTAINED FROM THE SOFTWARE AND HARDWARE.

6.	PROPRIETARY RIGHTS. No title to or ownership of the software is transferred to you. Yaaman and/or its licensors own and retain all title and ownership of all intellectual property rights in and to the SOFTWARE, including any adaptations or copies. You acquire only a limited license to use the software.

7. LIMITATION OF LIABILITY. TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT NEITHER YAAMAN NOR ITS AFFILIATES, SUPPLIERS, OR AUTHORIZED DISTRIBUTORS SHALL BE LIABLE FOR ANY LOSS OF DATA OR PRIVACY, LOSS OF INCOME, LOSS OF OPPORTUNITY OR PROFITS, COST OF RECOVERY, LOSS ARISING FROM YOUR USE OF THE SOFTWARE, OR DAMAGE ARISING FROM YOUR PARTICIPATION IN HOSTING OR USE OF THIRD PARTY SOFTWARE OR HARDWARE OR ANY OTHER SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, OR THE USE OF THE SOFTWARE, REFERENCE MATERIALS, OR ACCOMPANYING DOCUMENTATION, OR YOUR EXPORTATION, RE-EXPORTATION, OR IMPORTATION OF THE SOFTWARE, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY. THIS LIMITATION WILL APPLY EVEN IF YAAMAN, ITS AFFILIATES, SUPPLIERS, OR AUTHORIZED DISTRIBUTORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE LIABILITY OF YAAMAN, ITS AFFILIATES, SUPPLIERS, OR AUTHORIZED DISTRIBUTORS EXCEED THE AMOUNT PAID FOR THE SOFTWARE AT ISSUE. YOU ACKNOWLEDGE THAT THE LICENSE FEE REFLECTS THIS ALLOCATION OF RISK. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. For purposes of this Agreement, the term "YAAMAN AFFILIATE" shall mean any legal entity fifty percent (50%) or more of the voting interests in which are owned directly or indirectly by Yaaman, Inc. Affiliates, suppliers, and authorized distributors are intended to be third party beneficiaries of this AGREEMENT.

8.	TERMINATION. This AGREEMENT is effective until terminated. You may terminate this AGREEMENT at any time by removing the SOFTWARE from your computers and destroying all copies and providing written notice to Yaaman with the serial numbers of the terminated licenses. Yaaman may terminate this AGREEMENT at any time for your breach of this AGREEMENT. Unauthorized copying of the SOFTWARE or the accompanying documentation or otherwise failing to comply with the license grant of this AGREEMENT will result in automatic termination of this AGREEMENT and will make available to Yaaman all other legal remedies. You agree and acknowledge that your material breach of this AGREEMENT shall cause Yaaman irreparable harm for which monetary damages alone would be inadequate and that, to the extent permitted by applicable law, Yaaman shall be entitled to injunctive or equitable relief without the need for posting a bond. Upon termination of this AGREEMENT, the license granted herein will terminate and you must immediately destroy the SOFTWARE and accompanying documentation, and all back-up copies thereof.

9.	CHOICE OF LAW AND VENUE. this AGREEMENT is governed by the laws of the State of California without reference to conflict of laws principles and excluding the United Nations Convention on Contracts for the International Sale of Goods, and in any dispute arising out of this AGREEMENT, you consent to the exclusive personal jurisdiction and venue in the State and Federal courts within California.  If any provision of this Agreement is invalid or unenforceable under applicable law, then it shall be to that extent deemed omitted and the remaining provisions will continue in full force and effect. To the extent a provision is deemed omitted, the parties agree to comply with the remaining terms of this AGREEMENT in a manner consistent with the original intent of the AGREEMENT.

