NeoAxis Engine 0.561 Commercial License Agreement ================== Copyright (C) 2006-2008 NeoAxis Group Ltd. All rights reserved. Except where otherwise noted, all of the documentation and software included in the NeoAxis Engine Commercial License Setup package is copyrighted by NeoAxis Group Ltd. 1. LICENSE AGREEMENT This document is an agreement between NeoAxis Group Ltd ("Licensor") and Licensee regarding the use of the "NeoAxis Engine Commercial License Package" by Licensee in a single product, Product X. 2. DEFINITIONS When used in this document, the following terms have the meanings described below: a. “Product X” means the one (1) product that Licensee wishes to use The SDK to develop. b. “Licensee” means the person or entity that purchased this license and wishes to use The SDK in Product X. c. “The SDK” means the “NeoAxis Engine Commercial License SDK”. d. Monetary amounts are in United States Dollars. 3. COPYRIGHT All material contained in the distribution library is Copyright (C) NeoAxis Group Ltd unless otherwise noted. 4. OWNERSHIP The title and ownership of the Software and shall remain with Licensor. All rights to patents, copyrights, or any other intellectual property rights shall remain with the Licensor, or their respective owner. 5. LICENSE GRANT a. Licensee may not redistribute, transfer, sub-license or sell The SDK. b. Licensee has the right to distribute any parts of the Software except for following file types in the package: .cs, .chm, .xml. c. Licensee may use The SDK in Object Code form as as part of Product X on the condition the Licenses agrees to all the terms of this contract. d. Any sequels or derivative work of Product X are considered separate products and are not covered by this agreement. e. Any modifications made to The SDK by Licensee shall also be covered by this agreement. If you do not accept this disclaimer of warranty or it is not enforceable in your jurisdiction, then you may not use the Software. 6. FEE a. The initial fee to be paid by Licensee for this agreement is $500. The commencement date of this agreement is from the day that Licensor confirms this payment. 7. LIMITATIONS Use of The SDK under this agreement is strictly for small projects only. If either: a. The gross revenue produced by Product X exceeds $200,000 Licensee agrees to either, pay licensor $5,000 or completely remove The SDK from Product X. Licensee agrees to comply within ten (10) weeks from the date when the first excess occurs. 8. DISCLAIMER OF WARRANTY The Software is provided “AS IS” and any warranty, expressed or implied, including with out limitation, the implied warranties of merchantability and fitness for a particular purpose, and non-infringement of any third party rights are disclaimed. If you do not accept this disclaimer of warranty or it is not enforceable in your jurisdiction, then you may not use the Software. 9. NO LIABILITY Licensee agrees that use of the Software is at their own risk. Licensee agrees that they or any third party shall not have any claim against Licensor or anyone associated directly or indirectly with Licensor for any direct, indirect, consequential, special, exemplary, punitive, and/or other damages (including with out limitation harm, injury, loss of profits, loss of data and/or business interruption) from any cause, in connection to the use and/or distribution of the Software. If you do not accept this disclaimer of warranty or it is not enforceable in your jurisdiction, then you may not use the Software. 10.MISCELLANEOUS If any provision in this agreement is unenforceable or invalid it shall not affect the rest of the agreement. The licensee agrees to replace any unenforceable or invalid provision with a valid provision that upholds the intent of the provision to the greatest extent possible. 11.AGREEMENT This agreement constitutes the complete agreement concerning this license. Any change to this agreement must be made in writing. NeoAxis Group Ltd. http://www.neoaxisgroup.com/