END-USER LICENSE AGREEMENT FOR THE JLOOX VISUALIZATION SUITE PRODUCT

The following is the end user license agreement ("EULA") for JLOOX
Visualization Suite 2.0 and subsequent versions.

IMPORTANT -- READ CAREFULLY: By opening the sealed software package,
or downloading, or installing, or using this product, you indicate
your acceptance of the following JLOOX Visualization Suite License
Agreement.
This is a legal agreement between you (either an individual or an
entity) and LOOX Software S.A. - and its subsidiary company LOOX Software
Inc. - collectively called "LOOX" in this document. If you do not
accept and agree with all of the terms of this agreement, promptly
delete any copies on your system(s), return any unopened software
package(s) and all other materials with proof of payment to your
place of purchase, and your license fee will be refunded.

DEFINITIONS

A) JLOOX Visualization Suite is the Java class libraries delivered
as the jloox*.jar, lxgis*.jar jlayout*.jar and jcchart*.jar archive
files.
B) JLOOXMaker is the standalone JLOOXMaker editor Java application,
delivered as the jlm*.jar archive file.
C) SOFTWARE means the JLOOX Visualization Suite class libraries, the
JLOOXMaker editor standalone application and any associated
electronic documentation and example code.

SOFTWARE LICENSE

The SOFTWARE is protected by copyright laws and international
copyright treaties, as well as other intellectual property laws and
treaties. The SOFTWARE is licensed, not sold.

1. GRANT OF LICENSE
1.1 If You Have Any Version Of A JLOOX Visualization Suite Product:
This license permits you, a single user, to use the SOFTWARE, on a
single computer.

i) To Build Applets. Provided that applets you build are used
only as an internal component in end-user oriented user-
interfaces, you may copy them to additional computers
(e.g. Web Servers), from which you may allow end-users to
download, royalty-free, the applets in the course of browsing
or interacting with Web pages you create. You are not
permitted to distribute the applets in any fashion which would
promote, encourage or allow reuse or redistribution of the
applet, other than as permitted above; and

ii) To Build Stand-Alone Java Applications. You have a royalty-
free right to reproduce and distribute the JLOOX Visualization Suite
class libraries (jloox*.jar, lxgis*.jar jlayout*.jar and jcchart*.jar)
as an integral part of your application(s), subject to the
restrictions below.


1.2 Limited Distribution Rights. Your royalty-free distribution
rights described in Section 1.1 above are granted provided that you:
(a) distribute the Applet or applets you build only in
conjunction with and as an integral part of your Web pages,
and distribute the JLOOX Visualization Suite class libraries
(jloox*.jar, lxgis*.jar, jlayout*.jar and jcchart*.jar) only
as an integral part of your end-user, stand-alone application;
(b) your Web pages or software product(s) are targeted at end-
users, and are not a development tool;
(c) you do not use LOOX or Sitraka's name, logo or trademark to market
your Web pages or application;
(d) you include a valid copyright notice on your Web pages and
software products;
(e) you do not distribute the JLOOXMaker editor standalone
application (jlm*.jar) with or whiteout the JLOOX Visualization Suite
class libraries; and
(f) you agree to indemnify, hold harmless, and defend LOOX
and its suppliers from and against any claims or lawsuits,
including attorney's fees, that arise or result from the use
or distribution of your Web pages and/or applications.

1.4 Use Definition. The SOFTWARE is "in use" on a computer when it
is loaded into temporary memory (i.e. RAM) or installed into
permanent memory (e.g. hard disk, CD-ROM, or other storage device)
of that computer, except that a copy installed on a network server
for the sole purpose of distribution to other computers is not "in use".

2. UPGRADES
If the SOFTWARE is an upgrade you may use or transfer the SOFTWARE
only in conjunction with the prior version(s) of the SOFTWARE.

3. COPYRIGHT
The SOFTWARE (including any images, photographs and text incorporated
into the SOFTWARE) is owned by LOOX or its suppliers and is
protected by Canadian, United States and other countries' copyright
laws and international treaty provisions. Therefore you must treat
the SOFTWARE like any other copyrighted material and not reproduce
it except that you may either:
(a) make one copy of the SOFTWARE solely for backup or archival
purposes, or
(b) transfer the SOFTWARE to a single hard disk provided you
keep the original solely for backup or archival purposes.
You may not copy any printed materials accompanying the SOFTWARE.

4. OTHER RESTRICTIONS
You may not rent or lease the SOFTWARE, but upon prior written agreement
from LOOX you may transfer the SOFTWARE and accompanying
written materials on a permanent basis provided you retain no copies and
the recipient agrees to the terms of this License Agreement.
If the SOFTWARE is an upgrade, any
transfer must include the most recent upgrade and all prior
versions. You may not reverse engineer, decompile, disassemble,
or translate the SOFTWARE, except to the extent such foregoing
restriction is expressly prohibited by applicable law.

5. DUAL-MEDIA SOFTWARE
You may receive the SOFTWARE in more than one medium. Regardless of
the type or size of medium you receive, you may use only the medium
appropriate for your single-user computer. You may not use the other
medium on another computer or loan, rent, lease, or transfer the
disks to another user except as part of the permanent transfer
(as provided above) of all SOFTWARE and printed materials.

6. U.S. GOVERNMENT RESTRICTED RIGHTS
The SOFTWARE and documentation are provided with RESTRICTED RIGHTS.
Use, duplication, or disclosure by the US Government is subject to
restrictions as set forth in subparagraph (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. Manufacturers is
LOOX Software Inc., 1860 El Camino Real Ste. 306, Burlingame, CA 94010, USA.

7. MISCELLANEOUS
If you acquired this product in the United States this EULA is
governed by the laws of California, and the parties agree to
resolve any dispute exclusively in the courts of California.

If this product was acquired outside the United States,
then local law may apply.

Should you have any questions concerning this EULA, or if you desire
to contact LOOX for any reason, please contact the LOOX Software
subsidiary serving your country, or write: LOOX Software Inc., Sales
Information, 1860 El Camino Real - Burlingame, CA 94010 - USA.
For other countries please contact LOOX Software, 1, rue Eugne Varlin,
F92240 Malakoff, FRANCE.

8. LIMITED WARRANTY
LIMITED WARRANTY. LOOX warrants that (a) the SOFTWARE will
perform substantially in accordance with the accompanying written
materials for a period of ninety (90) days from the date of receipt,
and (b) any Support Services provided by LOOX shall be
substantially as described in applicable written materials provided
to you by LOOX, and LOOX support engineers will make
commercially reasonable efforts to solve any problem issues. Some
states and jurisdictions do not allow limitations on duration of an
implied warranty, so the above limitation may not apply to you. To
the extent allowed by applicable law, implied warranties on the
SOFTWARE, if any, are limited to ninety (90) days.

CUSTOMER REMEDIES. LOOX and its suppliers' entire liability
and your exclusive remedy shall be, at LOOX's option, either
(a) return of the price paid, if any, or (b) repair or replacement
of the SOFTWARE that does not meet LOOX's Limited Warranty and
that is returned to LOOX with a copy of your receipt. 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
and Canada, neither these remedies nor any product support services
offered by LOOX are available without proof of purchase from an
authorized international source.

SPECIFIC DISCLAIMER FOR HIGH-RISK ACTIVITIES. The SOFTWARE is not
designed or intended for use in high-risk activities including,
without restricting the generality of the foregoing, on-line control
of aircraft, air traffic, aircraft navigation or aircraft
communications; or in the design, construction, operation or
maintenance of any nuclear facility. LOOX and its suppliers
specifically disclaim any express or implied warranty of fitness for
such purposes or any other purposes.

NO LIABILITY FOR CONSEQUENTIAL DAMAGES. To the maximum extent
permitted by applicable laws, in no event shall LOOX or its
suppliers be liable for any damages whatsoever (including without
limitation, damages for loss of business profits, business
interruption, loss of information, or other pecuniary loss) arising
out of the use of or inability to use this LOOX product, even if
LOOX has been advised of the possibility of such damages.
Because some states/jurisdictions do not allow the exclusion or
limitation of liability for consequential or incidental damages, the
above limitation may not apply to you.

NO OTHER WARRANTIES. TO THE MAXIMUM EXTENT PERMITTED
BY APPLICABLE LAW, LOOX SOFTWARE S.A. LOOX SOFTWARE INC.
AND ITS SUPPLIERS DISCLAIM ALL OTHER WARRANTIES,
EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT
NOT LIMITED TO, IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE,
WITH REGARD TO THE SOFTWARE AND THE ACCOMPANYING
PRINTED MATERIALS. THIS LIMITED WARRANTY GIVES YOU
SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS WHICH VARY
FROM STATE/JURISDICTION TO STATE/JURISDICTION.

9. LIMITATION OF LIABILITY.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN
NO EVENT SHALL LOOX 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 OR THE PROVISION OF OR
FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IF LOOX
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN ANY CASE, LOOX'S ENTIRE LIABILITY UNDER ANY
PROVISION OF THIS EULA SHALL BE LIMITED TO THE GREATER
OF THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE OR
US$5.00; PROVIDED, HOWEVER, IF YOU HAVE ENTERED INTO A
LOOX SUPPORT SERVICES AGREEMENT, LOOX'S 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.

 

