CCXI XML Data Island Library 2004.0

EULA - End User License Agreement

CCXI XML DATA ISLAND LIBRARY BY HIGHER MATH:

END-USER LICENSE AGREEMENT

IMPORTANT-READ CAREFULLY: This End-User License Agreement (“EULA”) is
a legal agreement between you (either an individual or a single entity)
and Higher Math for the software product identified above, which
includes computer software and may include associated media, printed
materials, and “online” or electronic documentation (“Product”). YOU
AGREE TO BE BOUND BY THE TERMS OF THIS EULA BY INSTALLING, COPYING, OR
OTHERWISE USING THE PRODUCT. IF YOU DO NOT AGREE, YOU ARE NOT
AUTHORIZED TO INSTALL, DOWNLOAD OR USE THE PRODUCT.

1. GRANT OF LICENSE. Higher Math grants you the following rights
provided that you comply with all terms and conditions of this EULA:

· Installation and use. You may install and use the Product on a
single computer, such as a workstation, terminal or other device,
residing on your premises.

· Reservation of Rights. Higher Math reserves all rights not
expressly granted to you in this EULA.

2. ADDITIONAL SOFTWARE. This EULA applies to updates or supplements
to the original Product provided by Higher Math, unless we provide
other terms along with the update or supplement.

3. SHAREWARE. The program, as originally downloaded, is considered to
be shareware and, as such, may be freely distributed, in fact, it is
encouraged. Proper installation of the product would normally be
accomplished via an internet link to the Higher Math website and we
encourage you to freely distribute links to the download url. No
individual file may be redistributed with the exception of the
setup.exe installer for the entire package and ccxi_utils.js. No file
may be posted to your website without first obtaining a paid license
from Higher Math. However, you may post any samples in their entirety
without alterations. You may not alter the contents of any file and you
must include all proper copyright notices. Please include a link back
to our site at http://www.highermath.com/ccxi.htm.

4. LIMITATIONS OF THE SHAREWARE LICENSE. In its originally installed
state, the product will not be fully functional. Several limitations
are incorporated into the product unless unlocked by obtaining a
keycode. Some of these limitations may affect some of the items
mentioned below. We will mention a few of them in this agreement but
not necessarily all of them. Two important limitations are on your
ability to read the documentation and to use the web control in design
mode. This functionality will last only 14 days unless a full license
is obtained. You agree that a full license will only be made
functional on your machine by obtaining said license from Higher Math
upon payment of the asking price for such license.

5. TRANSFER-Internal. You may move the Product to a different
computer. However, if you do so, the copy will be considered shareware
and have all the limitations of the shareware license. The Product
funtioning in shareware mode will function for 14 days then most
functionality will be disabled. We have kept the Product price very
low and you agree that it is not an unnecessary burden to obtain a
license at full price to run the Product on another machine.

6. TRANSFER-Third Party. The Product may be transferred to other users
but will function in shareware mode on their machines. Prior to the
transfer, the end user receiving the transferred Product must agree to
all the EULA terms. No Rental. You may not rent, lease, or lend the
Product.

7. LIMITATION ON REVERSE ENGINEERING, DECOMPILATION, AND
DISASSEMBLY. You may not reverse engineer, decompile, or disassemble
the Product, except and only to the extent that it is expressly
permitted by applicable law notwithstanding this limitation.
Specifically, you may not post the ccxi.js Javascript library on your
site in conjunction with your own data without first obtaining a
license and you may not make any manual alterations whatsoever of the
contents of this file.

8. TERMINATION. Without prejudice to any other rights, Higher Math
may cancel this EULA if you do not abide by the terms and conditions of
this EULA, in which case you must destroy all copies of the Product and
all of its component parts.

9. CONSENT TO USE OF DATA. You agree that Higher Math and its
affiliates may collect and use technical information you provide as a
part of support services related to the Product. Higher Math agrees
not to use this information in a form that personally identifies you
without your express permission.

10. USE OF DATA. Data is supplied with the product as examples
to show off the functionality of the product. You may not alter this
data in any form nor use it except for your own information or to post
to your website as a sample, as is, without alterations.

11. Not for Resale Software. Product identified as “Not for Resale”
or “NFR,” may not be resold, transferred or used for any purpose other
than demonstration, test or evaluation without express permission from
Higher Math.

12. DISCLAIMER OF WARRANTIES. To the maximum extent permitted by
applicable law, Higher Math and its suppliers provide TO YOU the
product, and any (if any) support services related to the product
(“Support Services”) AS IS AND WITH ALL FAULTS; and Higher Math and its
suppliers hereby disclaim with respect to THE product AND SUPPORT
SERVICES all warranties and conditions, whether express, implied or
statutory, including, but not limited to, any (if any) warranties,
DUTIES or conditions of OR RELATED TO: merchantability, fitness for a
particular purpose, lack of viruses, accuracy or completeness of
responses, results, WORKMANLIKE EFFORT and lack of negligence. also
there is no warranty, duty or condition of title, QUIET ENJOYMENT,
QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION or non-infringement.
The entire risk arising out of use or performance of the product AND
ANY SUPPORT SERVICES remains with you. Note especially that the product
relies on the work of third parties for which Higher Math cannot be
responsible. This is especially true of the workings of the desktop web
page which rely on properly installed internet browser software. We
have noted that some features that require persistence of data—such as
desktop notes—do not always work and should not be relied upon to work
correctly in each instance in the future.

13. EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND CERTAIN OTHER DAMAGES.
To the maximum extent permitted by applicable law, in no event shall
Higher Math or its suppliers be liable for any special, incidental,
indirect, or consequential damages whatsoever (including, but not
limited to, damages for loss of profits or confidential or other
information, for business interruption, for personal injury, for loss
of privacy, for failure to meet any duty including of good faith or of
reasonable care, for negligence, and for any other pecuniary or other
loss whatsoever) arising out of or in any way related to the use of or
inability to use the PRODUCT, the provision of or failure to provide
Support Services, or otherwise under or in connection with any
provision of this EULA, even in the event of the fault, tort (including
negligence), strict liability, breach of contract or breach of warranty
of Higher Math or any supplier, and even if Higher Math or any supplier
has been advised of the possibility of such damages.

14. LIMITATION OF LIABILITY AND REMEDIES. Notwithstanding any
damages that you might incur for any reason whatsoever (including,
without limitation, all damages referenced above and all direct or
general damages), the entire liability of Higher Math and any of its
suppliers under any provision of this EULA and your exclusive remedy
for all of the foregoing shall be limited to actual damages incurred by
you based on reasonable reliance up to the greater of the amount
actually paid by you for the Product or U.S.$5.00. The foregoing
limitations, exclusions and disclaimers shall apply to the maximum
extent permitted by applicable law, even if any remedy fails its
essential purpose.

15. APPLICABLE LAW. If you acquired this Product in the United States,
this EULA is governed by the laws of the State of California. If this
Product was acquired outside the United States, then local law may
apply.

16. ENTIRE AGREEMENT. This EULA (including any addendum or amendment
to this EULA which is included with the Product) are the entire
agreement between you and Higher Math relating to the Product and the
support services (if any) and they supersede all prior or
contemporaneous oral or written communications, proposals and
representations with respect to the Product or any other subject matter
covered by this EULA. To the extent the terms of any Higher Math
policies or programs for support services conflict with the terms of
this EULA, the terms of this EULA shall control.

17. The Product is protected by copyright and other intellectual
property laws and treaties. Higher Math owns the title, copyright, and
other intellectual property rights in the Product. The Product is
licensed, not sold.