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License Agreement JAXFront - Community Edition, March 2009
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This license agreement is a binding contract between you and xcentric 
technology & consulting GmbH ("xcentric"), Oberwiesenstrasse 5, 8057 Zrich,
Switzerland, regarding the software "JAXFront  Community Edition". Read the
terms of this agreement carefully. By installing the software you accept the
terms and conditions of this agreement.

License Grant
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xcentric grants to you, subject to the following terms and conditions a
limited and non-exclusive right to use the software free of any charge as long
as the promotional banner is visible and include the text "Generated by
JAXFront free community license..." underneath the generated user interface.  

You must not reverse engineer, de-compile, disassemble or modify the software
or make any attempt to discover the source code of the software or create
derivative works from the software. This also includes the HTML source that is
generated by the software when creating own pages.

All intellectual property rights in the software and its documentation is
owned by xcentric technology & consulting GmbH. xcentric retains all rights
not explicitly granted.

Warranty, Liability, Indemnity
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There is no warranty, representation, guarantee or promise of xcentric, either
expressed or implied, statutory or otherwise with respect to the software,
documentation or related support, including their quality, performance,
merchantability or fitness for a particular purpose.

Term and Termination
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This agreement is effective from the date you install the software and will
remain in force for indefinite time. If you fail to comply with the terms and
conditions of this agreement, xcentric may terminate the agreement and your
right and license to use the software.

You may terminate this agreement any time by destroying the software
installation.

General
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If any provision in this agreement is held invalid or unenforceable, that
provision shall be construed, limited, modified or, if necessary, severed to
the extent necessary, to eliminate its invalidity or unenforceability and the
other provisions of this agreement shall remain unaffected.


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License Agreement JAXFront  End User Edition
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THIS IS A LEGAL DOCUMENT -- RETAIN FOR YOUR RECORDS 

Licensor: 

xcentric technology & consulting GmbH
Oberwiesenstrasse 5
CH-8057 Zurich
Switzerland


Important - Read Carefully. Notice to User: 

This End User License Agreement ("Software License Agreement") is a legal document between you and xcentric technology & consulting GmbH("xcentric"). It is important that you read this document before using the xcentric-provided software ("Software") and any accompanying documentation, including without limitation printed materials, 'online', or electronic documentation ("Documentation"). By clicking the 'Yes' button below, by installing, or otherwise using the Software, you agree to be bound by the terms of this Software License Agreement including without limitation the warranty disclaimers, limitation of liability and termination provisions below, whether or not you decide to purchase the Software. If you do not agree, you are not licensed to use the Software, and you must destroy any downloaded copies of the Software in your possession or control. Please go to our Web site at http://www.jaxfront.com/licenseAgreement-EndUser.pdf to download and print a copy of this Software License Agreement for your files. 


1.   SOFTWARE LICENSE 
 (a) License Grant. Upon your acceptance of this Software License Agreement xcentric grants you a non-exclusive, non-transferable (except as provided below), limited license to install and use a copy of the Software on your compatible computer, up to the Permitted Number of computers. The Permitted Number of computers shall be delineated at such time as you elect to purchase the Software. During the evaluation period, hereinafter defined, only a single user may install and use the software on one computer.  
 
 (b) Server Use. Your rights with respect to server use depend on the licensing model of the product you have purchased:  
 
 (b.1) If you have purchased under the "per Server per CPU" licensing model, you may install copies of the Software on your compatible server computers equal to the Permitted Number of CPUs in your server computers, for the sole and exclusive purpose of using the Software through commands, data or instructions (e.g., scripts) from an unlimited number of computers on your internal network or on the Internet. The Permitted Number of CPUs shall be delineated at such time as you elect to purchase the Software.  
 
 (b.2) If you have purchased under any other licensing model, you may install one copy of the Software on your computer file server for the purpose of downloading and installing the Software onto other computers within your internal network up to the Permitted Number of computers. No other network use is permitted, including without limitation using the Software either directly or through commands, data or instructions from or to a computer not part of your internal network, for Internet or Web-hosting services or by any user not licensed to use this copy of the Software through a valid license from xcentric.  
 
 (c) Concurrent Use. If you have purchased a "Concurrent-User" version of the Software, you may install the Software on any compatible computers, up to ten (10) times the Permitted Number of users, provided that only the Permitted Number of users actually use the Software at the same time. The Permitted Number of concurrent users shall be delineated at such time as you elect to purchase the Software.  
 
 (d) Backup and Archival Copies. You may make one backup and one archival copy of the Software, provided your backup and archival copies are not installed or used on any computer and further provided that all such copies shall bear the original and unmodified copyright, patent and other intellectual property markings that appear on or in the Software. You may not transfer the rights to a backup or archival copy unless you transfer all rights in the Software as provided under Section 3.  
 
 (e) Home Use.    You, as the primary user of the computer on which the Software is installed, may also install the Software on one of your home computers. However, the Software may not be used on your home computer at the same time as the Software is being used on the primary computer.  
 (f) Key Codes. Prior to your purchase and as part of the registration for the thirty (30) -day evaluation period, as applicable, you will receive an evaluation key code. You will receive a purchase key code when you elect to purchase the Software. The purchase key code will enable you to activate the Software beyond the initial evaluation period. You may not relicense, reproduce or distribute any key code except with the express written permission of xcentric.  
 
 (g) Title. Title to the Software is not transferred to you. Ownership of all copies of the Software and of copies made by you is vested in xcentric, subject to the rights of use granted to you in this Software License Agreement.  
 
 (h) Reverse Engineering. Except and to the limited extent as may be otherwise specifically provided by applicable law, you may not reverse engineer, decompile, disassemble or otherwise attempt to discover the source code, underlying ideas, underlying user interface techniques or algorithms of the Software by any means whatsoever, directly or indirectly, or disclose any of the foregoing, except to the extent you may be expressly permitted to decompile under applicable law, it is essential to do so in order to achieve operability of the Software with another software program, and you have first requested xcentric to provide the information necessary to achieve such operability and xcentric has not made such information available. xcentric has the right to impose reasonable conditions and to request a reasonable fee before providing such information. Any information supplied by xcentric or obtained by you, as permitted hereunder, may only be used by you for the purpose described herein and may not be disclosed to any third party or used to create any software which is substantially similar to the expression of the Software. Requests for information should be directed to the xcentric Customer Support Department.    

 (i) Other Restrictions. You may not loan, rent, lease, sublicense, distribute or otherwise transfer all or any portion of the Software to third parties except to the limited extent set forth in Section 3. You may not copy the Software except as expressly set forth above, and any copies that you are permitted to make pursuant to this Software License Agreement must contain the same copyright, patent and other intellectual property markings that appear on or in the Software. You may not modify, adapt or translate the Software. You may not, directly or indirectly, encumber or suffer to exist any lien or security interest on the Software; knowingly take any action that would cause the Software to be placed in the public domain; or use the Software in any computer environment not specified in this Software License Agreement. You will comply with applicable law and xcentric's instructions regarding the use of the Software. You agree to notify your employees and agents who may have access to the Software of the restrictions contained in this Software License Agreement and to ensure their compliance with these restrictions. YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR THE ACCURACY AND ADEQUACY OF THE SOFTWARE FOR YOUR INTENDED USE AND YOU WILL INDEMNIFY AND HOLD HARMLESS XCENTRIC FROM ANY 3RD PARTY SUIT TO THE EXTENT BASED UPON THE ACCURACY AND ADEQUACY OF THE SOFTWARE IN YOUR USE. WITHOUT LIMITATION, THE SOFTWARE IS NOT INTENDED FOR USE IN THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION, COMMUNICATION SYSTEMS OR AIR TRAFFIC CONTROL EQUIPMENT, WHERE THE FAILURE OF THE SOFTWARE COULD LEAD TO DEATH, PERSONAL INJURY OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE.  
 
   
2.   INTELLECTUAL PROPERTY RIGHTS 
 Acknowledgement of xcentric's Rights. You acknowledge that the Software and any copies that you are authorized by xcentric to make are the intellectual property of and are owned by xcentric and its suppliers. The structure, organization and code of the Software are the valuable trade secrets and confidential information of xcentric and its suppliers. The Software is protected by copyright, including without limitation by United States Copyright Law, international treaty provisions and applicable laws in the country in which it is being used. You acknowledge that xcentric retains the ownership of all patents, copyrights, trade secrets, trademarks and other intellectual property rights pertaining to the Software, and that xcentric's ownership rights extend to any images, photographs, animations, videos, audio, music, text and "applets" incorporated into the Software and all accompanying printed materials. You will take no actions which adversely affect xcentric's intellectual property rights in the Software. Trademarks shall be used in accordance with accepted trademark practice, including identification of trademark owners' names. Trademarks may only be used to identify printed output produced by the Software, and such use of any trademark does not give you any right of ownership in that trademark. JAXFront, and xcentric are trademarks of xcentric technology & consulting GmbH (registered in numerous countries). Windows, Windows 95, Windows 98, Windows NT, Windows 2000 and Windows XP are trademarks of Microsoft. W3C, CSS, DOM, XML and XSL are trademarks (registered in numerous countries) of the World Wide Web Consortium (W3C); marks of the W3C are registered and held by its host institutions, MIT, INRIA and Keio. Except as expressly stated above, this Software License Agreement does not grant you any intellectual property rights in the Software.


3.   LIMITED TRANSFER RIGHTS 
 Notwithstanding the foregoing, you may transfer all your rights to use the Software to another person or legal entity provided that: (a) you also transfer each of this Software License Agreement, the Software and all other software or hardware bundled or pre-installed with the Software, including all copies, updates and prior versions, and all copies of font software converted into other formats, to such person or entity; (b) you retain no copies, including backups and copies stored on a computer; (c) the receiving party secures a personalized key code from xcentric; and (d) the receiving party accepts the terms and conditions of this Software License Agreement and any other terms and conditions upon which you legally purchased a license to the Software. Notwithstanding the foregoing, you may not transfer education, pre-release, or not-for-resale copies of the Software.  


4.   LIMITED WARRANTY AND LIMITATION OF LIABILITY 
 (a) Limited Warranty and Customer Remedies. xcentric warrants to the person or entity that first purchases a license for use of the Software pursuant to the terms of this Software License Agreement that (i) the Software will perform substantially in accordance with any accompanying Documentation for a period of ninety (90) days from the date of receipt, and (ii) any support services provided by xcentric shall be substantially as described in section 5 of this agreement. 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. xcentric's and its suppliers' entire liability and your exclusive remedy shall be, at xcentric's option, either (i) return of the price paid, if any, or (ii) repair or replacement of the Software that does not meet xcentric's Limited Warranty and which is returned to xcentric 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.  
 
 (b) No Other Warranties and Disclaimer. THE FOREGOING LIMITED WARRANTY AND REMEDIES STATE THE SOLE AND EXCLUSIVE REMEDIES FOR XCENTRIC OR ITS SUPPLIER'S BREACH OF WARRANTY. XCENTRIC AND ITS SUPPLIERS DO NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE. EXCEPT FOR THE FOREGOING LIMITED WARRANTY, AND FOR ANY WARRANTY, CONDITION, REPRESENTATION OR TERM TO THE EXTENT WHICH THE SAME CANNOT OR MAY NOT BE EXCLUDED OR LIMITED BY LAW APPLICABLE TO YOU IN YOUR JURISDICTION, XCENTRIC AND ITS SUPPLIERS MAKE NO WARRANTIES, CONDITIONS, REPRESENTATIONS OR TERMS, EXPRESS OR IMPLIED, WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE AS TO ANY OTHER MATTERS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, XCENTRIC 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, SATISFACTORY QUALITY, INFORMATIONAL CONTENT OR ACCURACY, QUIET ENJOYMENT, 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.  
 
 (c) Limitation Of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL XCENTRIC OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, DIRECT, 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 XCENTRIC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, XCENTRIC'S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS SOFTWARE LICENSE AGREEMENT SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE PRODUCT. Because some states and jurisdictions do not allow the exclusion or limitation of liability, the above limitation may not apply to you. In such states and jurisdictions, xcentric's liability shall be limited to the greatest extent permitted by law.  
 

5.   SUPPORT AND MAINTENANCE 
 xcentric offers an optional "Support & Maintenance Package" which you may elect to purchase in addition to your Software license. The Support Period, hereinafter defined, covered by such a package shall be delineated at such time as you elect to purchase the package. Your rights with respect to support and maintenance depend on your decision to purchase this optional package:  
  
 (a) If you have not purchased the Support & Maintenance Package, you will receive the Software AS IS and will not receive any maintenance releases or updates. However, xcentric, at it's option and in it sole discretion on a case by case basis, may decide to offer maintenance releases to you as a courtesy, but these maintenance releases will not include any new features in excess of the feature set at the time of your purchase of the Software. In addition, xcentric will provide free technical support to you for 30 days after the date of your purchase (the "Support Period" for the purposes of this paragraph a), and xcentric, in its sole discretion on a case by case basis , may also provide free courtesy technical support during your 30-day evaluation period. Technical support is provided via a web-based support form only, and there is no guaranteed response time.  
 
 (b) If you have purchased the Support & Maintenance Package, you will receive the Software and all maintenance releases or updates for the duration of the Support Period, which may or may not include additional features. Updates and maintenance releases only cover the minor releases within the same major version of the software that you have purchased, and upgrades to the next major version are specifically not included in this maintenance. However, xcentric will offer you an "upgrade advantage", by providing you with a special upgrade price for the next major version of the Software, which is guaranteed to be lower than the future upgrade price to the next major version that customers without a current Support and Maintenance Package will have to pay. In addition, xcentric will provide Priority Technical Support to you for the duration of the Support Period. Priority Technical Support is provided via a web-based support form only, and xcentric will make commercially reasonable efforts to respond via e-mail to all requests within 48 hours during xcentric's business hours (MO-FR, 8am UTC - 10pm UTC, Swiss and US holidays excluded) and to make reasonable efforts to provide work-arounds to errors reported in the Software.  
 
During the Support Period you may also report any Software problem or error to xcentric. If xcentric determines that a reported reproducible material error in the Software exists and significantly impairs the usability and utility of the Software, xcentric agrees to use reasonable commercial efforts to correct or provide a usable work-around solution in an upcoming maintenance release or update, which is made available at certain times at xcentric's sole discretion.  
 
 If xcentric, in its discretion, requests written verification of an error or malfunction discovered by you or requests supporting example files that exhibit the Software problem, you shall promptly provide such verification or files, by email, telecopy, or overnight mail, setting forth in reasonable detail the respects in which the Software fails to perform. You shall use reasonable efforts to cooperate in diagnosis or study of errors.  
 
 xcentric may include error corrections in maintenance releases, updates, or new major releases of the Software. xcentric is not obligated to fix errors that are immaterial. Immaterial errors are those that do not significantly impact use of the Software.  

 Whether or not you have purchased the Support & Maintenance Package, technical support only covers issues or questions resulting directly out of the operation of the Software and circumstances.  
 
 Updating Software may require the updating of software not covered by this Software License Agreement before installation. Updates of the operating system and application software not specifically covered by this Software License Agreement are your responsibility and will not be provided by xcentric under this Software License Agreement.  
 
 xcentric's obligations under this Section 5 are contingent upon your proper use of the Software and your compliance with the terms and conditions of this Software License Agreement at all times. xcentric shall be under no obligation to provide the above technical support if, in xcentric's opinion, the Software has failed due to the following conditions: (i) damage caused by the relocation of the software to another location or CPU; (ii) alterations, modifications or attempts to change the Software without xcentric's written approval; (iii) causes external to the Software, such as natural disasters, the failure or fluctuation of electrical power, or computer equipment failure; (iv) your failure to maintain the Software at xcentric's specified release level; or (v) use of the Software with other software without xcentric's prior written approval.  
 
 It will be your sole responsibility to: (i) comply with all xcentric-specified operating and troubleshooting procedures and then notify xcentric immediately of Software malfunction and provide xcentric with complete information thereof; (iii) provide for the security of your confidential information; (iv) establish and maintain backup systems and procedures necessary to reconstruct lost or altered files, data or programs.  
 
 
6.   TERM AND TERMINATION 
 This Software License Agreement may be terminated (a) by your giving xcentric written notice of termination; or (b) by xcentric, at its option, giving you written notice of termination if you commit a breach of this Software License Agreement and fail to cure such breach within ten (10) days after notice from xcentric. Upon any termination of this Software License Agreement, you must cease all use of the Software, destroy all copies then in your possession or control and take such other actions as xcentric may reasonably request to ensure that no copies of the Software remain in your possession or control.  
 
  
7.   RESTRICTED RIGHTS NOTICE. 
 The Software was developed entirely at private expense and is commercial computer software provided with RESTRICTED RIGHTS. Use, duplication or disclosure by the U.S. Government or a U.S. Government subcontractor is subject to the restrictions set forth in this Agreement and as provided in FAR 12.211 and 12.212 (48 C.F.R. 12.211 and 12.212) or DFARS 227-7202-1 (48 C.F.R. 227-7202-1) as applicable.  
 

8.   GENERAL PROVISIONS 
 If you are located in the European Union and are using the Software in the European Union and not in the United States, then this Software License Agreement will governed by and construed in accordance with the laws of the Republic of Switzerland (excluding its conflict of laws principles and the U.N. Convention on Contracts for the International Sale of Goods) and you expressly agree that exclusive jurisdiction for any claim or dispute with xcentric. or relating in any way to your use of the Software resides in the Handelsgericht Zurich (Commercial Court, Zurich) and you further agree and expressly consent to the exercise of personal jurisdiction in the Handelsgericht Zurich (Commercial Court, Zurich) in connection with any such dispute or claim. If you are located in the United States or are using the Software in the United States then this Software License Agreement will be governed by and construed in accordance with the law of the Commonwealth of Massachusetts, USA (excluding its conflict of laws principles and the U.N. Convention on Contracts for the International Sale of Goods) and you expressly agree that exclusive jurisdiction for any claim or dispute with xcentric or relating in any way to your use of the Software resides in the federal or state courts of Massachusetts and you further agree and expressly consent to the exercise of personal jurisdiction in the federal or state courts of Massachusetts in connection with any such dispute or claim. 

If you are located outside of the European Union or the United States and are not using the Software in the United States, then this Software License Agreement will governed by and construed in accordance with the laws of the Republic of Switzerland (excluding its conflict of laws principles and the U.N. Convention on Contracts for the International Sale of Goods) and you expressly agree that exclusive jurisdiction for any claim or dispute with xcentric or relating in any way to your use of the Software resides in the Handelsgericht Zurich (Commercial Court, Zurich) and you further agree and expressly consent to the exercise of personal jurisdiction in the Handelsgericht Zurich (Commercial Court, Zurich) in connection with any such dispute or claim. This Software License Agreement will not be governed by the conflict of law rules of any jurisdiction or the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. This Software License Agreement contains the entire agreement and understanding of the parties with respect to the subject matter hereof, and supersedes all prior written and oral understandings of the parties with respect to the subject matter hereof. Any notice or other communication given under this Software License Agreement shall be in writing and shall have been properly given by either of us to the other if sent by certified or registered mail, return receipt requested, or by overnight courier to the address shown on xcentric's Web site for xcentric and the address shown in xcentric's records for you, or such other address as the parties may designate by notice given in the manner set forth above. This Software License Agreement will bind and inure to the benefit of the parties and our respective heirs, personal and legal representatives, affiliates, successors and permitted assigns. The failure of either of us at any time to require performance of any provision hereof shall in no manner affect such party's right at a later time to enforce the same or any other term of this Software License Agreement. This Software License Agreement may be amended only by a document in writing signed by both of us. In the event of a breach or threatened breach of this Software License Agreement by either party, the other shall have all applicable equitable as well as legal remedies. The Software and its related documentation may not be exported or reexported in violation of the U.S. Export Administration Act and its implementing regulations or the laws of the jurisdiction in which the Software was obtained. Each party is duly authorized and empowered to enter into and perform this Software License Agreement. If, for any reason, any provision of this Software License Agreement is held invalid or otherwise unenforceable, such invalidity or unenforceability shall not affect the remainder of this Software License Agreement, and this Software License Agreement shall continue in full force and effect to the fullest extent allowed by law. The parties knowingly and expressly consent to the foregoing terms and conditions.  
