Bombino (2) 2005 1.1.0

END USER LICENSE AGREEMENT FOR BOMBINO 2005 IMPORTANT- PLEASE READ CAREFULLY: BY INSTALLING THE SOFTWARE (AS DEFINED BELOW), COPYING THE SOFTWARE AND/OR CLICKING ON THE "ACCEPT" BUTTON BELOW, YOU (EITHER ON BEHALF OF YOURSELF AS AN INDIVIDUAL OR ON BEHALF OF AN ENTITY AS ITS AGENT AND/OR EMPLOYEE) AGREE TO ALL OF THE TERMS OF THIS END USER LICENSE AGREEMENT ("AGREEMENT") REGARDING YOUR USE OF THE SOFTWARE. THIS IS A CONTRACT BETWEEN YOU AND Ice Brains Software Co., Ltd ("Ice Brains"). This License Agreement accompanies Ice Brains' Software and related explanatory materials and extends to any upgrades, modified versions, updates, additions, and copies of the Software licensed to You by Ice Brains. This copy of the Software is licensed to You as the end user or to your employer and/or principal or another third party authorized to permit your use of the Software. The Software is protected by applicable national copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The Software is licensed, not sold. Ice Brains retains all the rights, which are not expressly granted to You according to the present License Agreement. 1. DEFINITIONS "Software" means Bombino 2005 including but not limited to object code, source code, documentation and associated media and printed materials if necessary. "You" means an individual and/or a legal entity exercising rights under, and complying with all of the terms of, this License. "Ice Brains" means Ice Brains Software Co., Ltd, which owning exclusive rights to the Software. 2. LICENSE. Subject to the restrictions contained in this Section 4, Ice Brains grants to You a nonexclusive, royalty-free license to use the items of the Software within the evaluation period of 10 days. The validity term of this license can be extended for unlimited time period by means of payment. Upon expiration the program is due to be removed from your system by You. 3. RIGHTS GRANTED BY THE PRESENT LICENSE According to the present License Agreement You are entitled to: a. Install/use the Software on a single computer; b. Copy the Software solely for backup or archival purposes. 3. LIMITATIONS OF USE You do not have the right to: a. Install/use the Software on more than one computer at the same time; b. Sublicense the Software; c. Copy the Software, in whole or in part, except as provided in this Agreement; d. Permit simultaneous use of the Software by more than one user; e. Reverse engineer, decompile, or disassemble the Software except for the cases and only to the extent when it is directly allowed by the applicable law. At that, You shall first request Ice Brains in writing to provide You with the necessary information, which You want to obtain as a result of reverse engineering, decompiling, or disassembling the Software. Ice Brains has the right to impose reasonable conditions such as a reasonable fee for doing so. Requests for information should be directed to the Ice Brains at the address available on http://www.icebrains-soft.com; f. Modify, or create derivative works based upon the Software in whole or in part; g. Remove any proprietary notices or labels on the Software; or h. Resell, lease, rent or otherwise transfer rights to the Software, as provided by this License; i. Transfer the Software to any third persons if it is forbidden by laws or international treaties, for example, in countries on which corresponding international sanctions are imposed; j. Use of the Software does not grant You any other rights to use other products of Ice Brains, except for the rights stipulated by the corresponding licenses to these products; k. While copying the Software and transferring it to the third persons You shall transfer distribution package/installation files in original form without changing them in any ways; 4. TECHNICAL SUPPORT Reaction of the support service and any resolution of the problems, which may arise during its use, installation and removal are not guaranteed. However, technical support of the Software may be provided under a separate contract between You and Ice Brains. 5. AMENDMENT AND TERMINATION OF THE LICENSE AGREEMENT This License Agreement is effective until terminated. Ice Brains has the right to terminate this license at any time immediately if You are in breach of any of its terms and conditions. Upon any such termination You must stop use of Software and return all full and partial hard copies of the items in the Software immediately to Ice Brains as well as destroy all electronic copies of the above items. You have a right to terminate the present License Agreement in any time other then by terminating any use of the Software and by destroying all copies of it, which are at your disposal. 6. UPDATES From time to time, Ice Brains may make available updates to the Software. All updates to the Software are governed by this Agreement, unless other license terms are provided with the update and may be installed automatically, no confirmation by You is required. 8. SALES POLICY Before purchasing a license, you are provided a 10-day evaluation period to determine whether the Software fits your business needs, works on your computer, and provides the benefits for which you will purchase the Software license. You do not have to provide Ice Brains with a credit card or other purchase information when you download, install or use the Software during this 10-day evaluation period; it is required only when you decide to purchase the software license, at which time the purchase price for the license becomes non-refundable. You agree that if you do not utilize this evaluation period-that is provided at no charge-you voluntarily discharge Ice Brains from the obligation to provide such an evaluation period. No exceptions can be made to this policy. 9. DISCLAIMER OF WARRANTY YOU AGREE THAT ICE BRAINS SOFTWARE CO., LTD. HAS MADE NO EXPRESS WARRANTIES, ORAL OR WRITTEN, TO YOU REGARDING THE PRODUCTS AND THAT THE PRODUCTS ARE BEING PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OF ANY KIND. ICE BRAINS SOFTWARE CO., LTD. DISCLAIMS ANY AND ALL OTHER WARRANTIES, WHETHER EXPRESSED, IMPLIED, OR STATUTORY, INCLUDING, BUT WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF NONINFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. ICE BRAINS SOFTWARE CO., LTD. SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, COVER, RELIANCE, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOSS OF ANTICIPATED PROFIT) ARISING FROM ANY CAUSE UNDER OR RELATED TO THIS AGREEMENT. 10. CHOICE OF LAW This License Agreement shall be governed by the civil laws. This License Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. All disputes arising from the present license agreement shall be considered by the competent courts of the country, where the You are domiciled and/or residing. Web: http://www.icebrains-soft.com Email: info@icebrains-soft.com Copyright (c) 2005 Ice Brains Software Co., Ltd Ice Brains Software Co., Ltd Dumskaya 5/22 - 143 191186 Saint-Petersburg Russia