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FOR ALL SOFTWARE COMPONENT PRODUCT(S)

IMPORTANT- READ CAREFULLY: This End-User License Agreement ("EULA") is a legal agreement between you, a developer of software applications, ("Developer End User") and Ximpl (“XIMPL”), a company registered in The Netherlands, principally located in Zoetermeer, Zuid-Holland, The Netherlands, for all XIMPL products, components, widgets, controls, source code, demos, intermediate files, media, printed materials, and "online" or electronic documentation ("SOFTWARE COMPONENT PRODUCT(S)") contained in this installation file.

XIMPL grants to you as an individual, a personal, nonexclusive license to install and use the SOFTWARE COMPONENT PRODUCT(S) for the sole purposes of designing, developing, testing, and deploying application programs which you create. By installing, copying, or otherwise using the SOFTWARE COMPONENT PRODUCT(S), you agree to be bound by the terms of this EULA. If you do not agree to any part of the terms of this EULA, DO NOT INSTALL, USE, EVALUATE, OR REPLICATE IN ANY MANNER, ANY PART, FILE OR PORTION OF THE SOFTWARE COMPONENT PRODUCT(S).

All SOFTWARE COMPONENT PRODUCT(S) is licensed, not sold. If you are an individual, you must acquire an individual license for the SOFTWARE COMPONENT PRODUCT(S) from XIMPL or its authorized resellers. If you are an entity, you must acquire an individual license for each Developer End User within your organization from XIMPL or its authorized resellers.

If the SOFTWARE COMPONENT PRODUCT(S) you have obtained is marked as a "TRIAL" or "EVALUATION," you may install one copy of the SOFTWARE COMPONENT PRODUCT(S) for testing purposes for a period of 30 calendar days from the date of installation ("Evaluation Period"). Upon expiration of the Evaluation Period, the SOFTWARE COMPONENT PRODUCT(S) must be uninstalled and all copies destroyed.

RIGOROUS ENFORCEMENT OF INTELLECTUAL PROPERTY RIGHTS. If the licensed right of use for this SOFTWARE COMPONENT PRODUCT(S) is purchased by you with any intent to reverse engineer, decompile, create derivative works, and the exploitation or unauthorized transfer of, any XIMPL intellectual property and trade secrets, to include any exposed methods or source code where provided, no licensed right of use shall exist, and any PRODUCT(s) created as a result shall be judged illegal by definition of all applicable law. Any sale or resale of intellectual property or created derivatives so obtained will be prosecuted to the fullest extent of all local, federal and international law.

1. GRANT OF LICENSE.
   
   This EULA, if legally executed as defined herein, licenses and so grants the single individual Developer End User the following rights:
   
   SOFTWARE COMPONENT PRODUCT(S) - Developer End User may install and use the SOFTWARE COMPONENT PRODUCT(S) on a single computer. Developer End User may also install and use the SOFTWARE COMPONENT PRODUCT(S) on a portable computer.
2. LIMITATIONS ON REVERSE ENGINEERING, DECOMPILATION, AND DISASSEMBLY.

   You may not reverse engineer, decompile, create derivative works, translate, or disassemble the SOFTWARE COMPONENT PRODUCT(S), and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation. You agree to take all reasonable, legal and appropriate measures to prohibit the illegal dissemination of the SOFTWARE COMPONENT PRODUCT(S) or any of its constituent parts and redistributables to the fullest extent of all applicable local, laws of The Netherlands, EU and International Laws and Treaties regarding anti-circumvention, including but not limited to, the Geneva and Berne World Intellectual Property Organization (WIPO) Diplomatic Conferences.

3. SEPARATION OF COMPONENTS.

   The SOFTWARE COMPONENT PRODUCT(S) is licensed as a single PRODUCT(s). The SOFTWARE COMPONENT PRODUCT(S) and its constituent parts and any provided redistributables may not be reverse engineered, decompiled, disassembled or separated for use on more than one computer, nor placed for distribution, sale, or resale as individual creations by Developer End User. The provision of source code, if included with the SOFTWARE COMPONENT PRODUCT(S), does not constitute transfer of any legal rights to such code, and resale or distribution of all or any portion of all source code and intellectual property will be prosecuted to the fullest extent of all applicable local, federal and international laws. All XIMPL libraries, source code, redistributables and other files remain XIMPL’s exclusive property. You may not distribute any files, except those that XIMPL has expressly designated as Redistributable.

4. RENTAL.
   
   You may not rent, lease, or lend the SOFTWARE COMPONENT PRODUCT(S).
5. TRANSFER.

   You may NOT permanently or temporarily transfer ANY of your rights under this EULA to any individual or entity without prior written approval from XIMPL. Regardless of any modifications which you make and regardless of how you might compile, link, and/or package your programs, under no circumstances may the libraries, Redistributables, and/or other files of the SOFTWARE COMPONENT PRODUCT(S) (including any portions thereof) be used for developing programs by anyone other than you. Only you as the licensed Developer End User have the right to use the libraries, redistributables, or other files of the SOFTWARE COMPONENT PRODUCT(S) (or any portions thereof) for developing programs created with the SOFTWARE COMPONENT PRODUCT(S). In particular, you may not share copies of the Redistributables with other co-developers. You may not reproduce or distribute any XIMPL documentation without XIMPL’s explicit permission.

6. REDISTRIBUTABLE COMPONENTS.

   You may use the SOFTWARE COMPONENT PRODUCT(s) to create your own components, as long as, it is NOT the basis for creating a product that provides the same, or substantially the same, functionality as any XIMPL PRODUCT(s).

   AT NO TIME MAY DEVELOPER END USER CREATE ANY TOOL, REDISTRIBUTABLE, OR SOFTWARE COMPONENT PRODUCT(S) THAT DIRECTLY OR INDIRECTLY COMPETES WITH XIMPL SOFTWARE COMPONENT PRODUCT(S) WHICH UTILIZES ALL OR ANY PORTION OF THE SOFTWARE COMPONENT PRODUCT(S) contained within this installation.

   In the event you develop any modifications, enhancements, derivative works and/or extensions to the SOFTWARE COMPONENT PRODUCT(s), either independently or jointly with XIMPL, such modifications, enhancements, derivative works and/or extensions and all rights associated therewith will be the exclusive property of XIMPL. You will not grant, either expressly or impliedly, any rights, title, interest, or licenses to any such modifications, enhancements, derivative works and/or extensions to any third party. You will, however, be entitled to use such modifications, enhancements, derivative works and/or extensions under the terms set forth in this agreement. You hereby assign all right, title and interest in and to such modifications, enhancements, derivative works and/or extensions to the SOFTWARE COMPONENT PRODUCT(s) to XIMPL. You also agree to execute, acknowledge and deliver to XIMPL all documents and do all things XIMPL deems necessary or desirable, at no cost to but at XIMPL’s expense, to enable XIMPL to obtain and secure such modifications, enhancements, derivative works and/or extensions anywhere in the World. You agree to secure all necessary rights and obligations from relevant employees, or third parties in order to satisfy the above obligations.
   
   Distribution by the Developer End User of any design-time tools, executables, and source code distributed to Developer End User by XIMPL as part of this SOFTWARE COMPONENT PRODUCT(S) and not explicitly identified as a redistributable file is strictly prohibited. The Developer End User shall not develop software applications that provide an application programming interface to the SOFTWARE COMPONENT PRODUCT(S) or the SOFTWARE COMPONENT PRODUCT(S) as modified.
   
   The Developer End User may NOT distribute the SOFTWARE COMPONENT PRODUCT(S), in any format, to other users for development or application compilation purposes. Specifically, if Developer End User creates a control using the SOFTWARE COMPONENT PRODUCT(S) as a constituent control, Developer End User may NOT distribute the control created with the SOFTWARE COMPONENT PRODUCT(S) (in any format) to users to be used at design time and or for ANY development purposes.
   
   Developer End User MAY NOT REDISTRIBUTE any SOFTWARE COMPONENT PRODUCT(s) files if using an evaluation, trial, Not for Resale, or demo version of the SOFTWARE COMPONENT PRODUCT(s).

7. UPGRADES.

   If the SOFTWARE COMPONENT PRODUCT(S) is labeled as an upgrade, you must be properly licensed to use the SOFTWARE COMPONENT PRODUCT(S) identified by XIMPL as being eligible for the upgrade in order to use the SOFTWARE COMPONENT PRODUCT(S). A SOFTWARE COMPONENT PRODUCT(S) labeled as an upgrade replaces and/or supplements the SOFTWARE COMPONENT PRODUCT(S) that formed the basis for your eligibility for the upgrade, and together constitutes a single PRODUCT(S). You may use the resulting upgraded PRODUCT(S) only in accordance with all the terms of this EULA.

8. COPYRIGHT.

   All title and copyrights in and to the SOFTWARE COMPONENT PRODUCT(S) (including but not limited to any copywritten images, demos, samples, source code, intermediate files, packages, photographs, redistributables, animations, video, audio, music, text, and "applets" incorporated into the SOFTWARE COMPONENT PRODUCT(S) the accompanying printed materials, and any copies of the SOFTWARE COMPONENT PRODUCT(S)) are owned by XIMPL or its subsidiaries. The SOFTWARE COMPONENT PRODUCT(S) is protected by copyright laws and international treaty provisions and therefore, you must treat the SOFTWARE COMPONENT PRODUCT(S) like any other copyrighted material except that you may install the SOFTWARE COMPONENT PRODUCT(S) as described in this EULA.

9. DISCLAIMER OF WARRANTY.

   XIMPL expressly disclaims any warranty for the SOFTWARE COMPONENT PRODUCT(S). THE SOFTWARE COMPONENT PRODUCT(S) AND ANY RELATED DOCUMENTATION IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. XIMPL DOES NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS REGARDING THE USE, OR THE RESULTS OF THE USE, OF THE SOFTWARE COMPONENT PRODUCT(S) IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE SOFTWARE COMPONENT PRODUCT(S) REMAINS WITH YOU. No oral or written information or advice given by XIMPL or its employees shall create a warranty or in any way increase the scope of this warranty.

10. LIMITATIONS ON LIABILITY.

    To the maximum extent permitted by applicable law, in no event shall XIMPL 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 COMPONENT PRODUCT(S) or the provision of or failure to provide Support Services, even if XIMPL has been advised of the possibility of such damages.
    
    Developer End User understands that the SOFTWARE COMPONENT PRODUCT(S) may produce inaccurate results because of a failure or fault within the SOFTWARE COMPONENT PRODUCT(S) or failure by Developer End User to properly use and or deploy the SOFTWARE COMPONENT PRODUCT(S). Developer End User assumes full and sole responsibility for any use of the SOFTWARE COMPONENT PRODUCT(S), and bears the entire risk for failures or faults within the SOFTWARE COMPONENT PRODUCT(S). You agree that regardless of the cause of failure or fault or the form of any claim, YOUR SOLE REMEDY AND XIMPL’s SOLE OBLIGATION SHALL BE GOVERNED BY THIS AGREEMENT AND IN NO EVENT SHALL XIMPL'S LIABILITY EXCEED THE PRICE PAID TO XIMPL FOR THE SOFTWARE COMPONENT PRODUCT(S). This Limited Warranty is void if failure of the SOFTWARE COMPONENT PRODUCT(S) has resulted from accident, abuse, alteration, unauthorized use or misapplication of the SOFTWARE COMPONENT PRODUCT(S).

11. INDEMNIFICATION.

    You hereby agree to indemnify XIMPL and its officers, directors, employees, agents, and representatives from each and every demand, claim, loss, liability, or damage of any kind, including actual attorneys fees, whether in tort or contract, that it or any of them may incur by reason of, or arising out of, any claim which is made by any third party with respect to any breach or violation of this Agreement by you or any claims based on the Applications and the SOFTWARE COMPONENT PRODUCT(S) included herein.

12. CONFIDENTIALITY.

    You acknowledge that the SOFTWARE COMPONENT PRODUCT(S) and any source code provided to you pursuant to this EULA, as well as any modification, enhancement, derivative work and/or extension thereto includes valuable trade secrets of XIMPL. You agree to maintain in confidence the XIMPL Source Code (in source code form), and any modification, enhancement, derivative work and/or extension thereto, by using at least the same physical and other security measures as you use for your own confidential technical information and documentation, but in no event less that a commercially reasonable standard of care. You further agree not to disclose the XIMPL Source Code (in source code form), or any aspect thereof, or any modification, enhancement, derivative work and/or extension thereto, or any aspect thereof, to anyone other than employees or contractors who have a need to know or obtain access to such information in order to support your authorized use of the SOFTWARE COMPONENT PRODUCT(S) and who are bound to protect such information against any other use or disclosure. You agree to assume full responsibility for such employees' or contractors' use, or misuse, of such disclosed source code as if it was your use. These obligations shall not apply to any information generally available to the public, independently developed or obtained without reliance on XIMPL’s information, or approved in writing for release by XIMPL without restriction.

13. TERMINATION.

    Without prejudice to any other rights or remedies, XIMPL will terminate this EULA upon your failure to comply with all the terms and conditions of this EULA. In such events, you must destroy all copies of the SOFTWARE COMPONENT PRODUCT(S) and all of its component parts including any related documentation, and must remove ANY and ALL use of such technology immediately from any applications using technology contained in the SOFTWARE COMPONENT PRODUCT(S) developed by you, whether in native, altered or compiled state.

14. MISCELLANEOUS.

    This EULA shall be construed, interpreted and governed in accordance with the laws of The Netherlands. You agree that any legal action or proceeding between XIMPL and you for any purpose concerning this Agreement or the parties' obligations hereunder shall be brought exclusively in a federal or state court of competent jurisdiction sitting in The Netherlands.

    This EULA may only be modified in writing signed by you and an authorized officer of XIMPL. If any provision of this EULA 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.

XIMPL reserves all rights not specifically granted in this EULA.

ACKNOWLEDGEMENTS. Developer End User acknowledges that he or she has read this Agreement, understands it, and agrees to be bound by its terms and conditions.