THIS IS A LEGAL DOCUMENT -- RETAIN FOR YOUR RECORDS

PURESYSTEMS SW S.R.O. DEVELOPER LICENSE AGREEMENT

FOR SWIFT FRAMEWORK.NET
Licensor:

PureSystems SW s.r.o.
SWIFTComponents
Korunni 926/30, 120 00
Prague, Czech Republic
Important - Read Carefully. Notice to User:

This Developer License Agreement (DLA) governs your right to develop

applications with PureSystems SW s.r.o.s SWIFT Framework.NET. This DLA is a
legal document between you and PureSystems SW s.r.o., Korunni 926/30, Prague,
Czech Republic. It is important that you read this document before developing
applications utilizing SWIFT Framework.NET and/or distributing the provided
software and Documentation. By clicking the Next button below, or otherwise
embedding the SWIFT Framework.NET in your application, you agree to be bound
by the terms of this DLA including without limitation the warranty disclaimers,
limitation of liability and termination provisions and restrictions below.
If you do not agree, you are not licensed to develop applications with or to distribute it
with the SWIFT Framework.NET.
1. SWIFT FRAMEWORK SOFTWARE DEVELOPER LICENSE
(a) License Grant. Upon your acceptance of this DLA, PureSystems SW s.r.o. grants
you a non-exclusive, non-transferable limited worldwide license to evaluate our products
and develop applications using our products, in this case SWIFT Framework.NET
components.
(b) Internal Use. You may install SWIFT Framework.NET components on any
development machine for your test and evaluation purposes, but before using it for
business reasons and for product development you need to purchase the proper
development license. For more information see
http://www.swiftcomponents.com/purchase.
(c) External Use. You may distribute your products using SWIFT Framework.NET only
when you purchase valid SWIFT Framework.NET license. For more information see
http://www.swiftcomponents.com/purchase or write to sales@swiftcomponents.com
<mailto:sales@swiftcomponents.com>.
(d) Reverse Engineering. 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 SWIFT Framework.NET by any means whatsoever,
directly or indirectly, or disclose any of the foregoing.
(g) Additional Restrictions. You may not loan, rent, lease, sublicense, distribute or
otherwise transfer all or any portion of the SWIFT Framework.NET to third parties
except to the limited extent expressly provided in written form from SWIFT
Framework.NET and only upon signing a contract. You may not modify, adapt or
translate the SWIFT Framework.NET. You will comply with applicable law and
instructions regarding the use of the SWIFT Framework.NET. You agree to notify your
employees and agents who may have access to the SWIFT Framework.NET of the
restrictions contained in this DLA and to ensure their compliance with these restrictions.
You may not alter or modify the SWIFT Framework.NET. You agree to indemnify, hold
harmless, and defend SWIFT Framework.NET from and against any claims or lawsuits,
including attorneys fees that arise or result from your use or distribution of the SWIFT
Framework.NET.
2. INTELLECTUAL PROPERTY RIGHTS
Acknowledgement of PureSystems SW s.r.o. Rights. You acknowledge that the SWIFT
Framework.NET and any copies that you are authorized by PureSystems SW s.r.o. to
make are the intellectual property of and are owned by PureSystems SW s.r.o. and its
suppliers. The structure, organization and code of the SWIFT Framework.NET are the
valuable trade secrets and confidential information of PureSystems SW s.r.o. and its
suppliers. The SWIFT Framework.NET 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 PureSystems SW
s.r.o. retains the ownership of all patents, copyrights, trade secrets, trademarks and other
intellectual property rights pertaining to the software, and that PureSystems SW s.r.o.
ownership rights extend to any images, photographs, animations, videos, audios, music,
text and resource incorporated into SWIFT Framework.NET and all accompanying
printed materials. You will take no actions which adversely affect PureSystems SW s.r.o.
intellectual property rights in the SWIFT Framework.NET. 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. Windows, Windows 95, Windows 98, Windows NT, Windows 2000 and
Windows XP are trademarks of Microsoft. This DLA does not grant you any intellectual
property rights in the SWIFT Framework.NET.
3. WARRANTY DISCLAIMER
THE SWIFT FRAMEWORK.NET IS PROVIDED ON AN AS-IS BASIS.
PURESYSTEMS SW S.R.O. PROVIDES NO WARRANTIES FOR THE SWIFT
FRAMEWORK.NET, AND PROVIDES ONLY LIMITED TECHNICAL SUPPORT TO
LICENSED CUSTOMERS (CUSTOMERS THAT BUY THE LICENSE). TO THE
MAXIMUM EXTENT PERMITTED BY LAW, PURESYSTEMS SW S.R.O. AND ITS
SUPPLIERS DISCLAIM ALL WARRANTIES AND REPRESENTATIONS,
WHETHER EXPRESS, IMPLIED OR OTHERWISE, INCLUDING WITHOUT
LIMITATION ANY IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR
PURPOSE; MERCHANTABILITY; SATISFACTORY QUALITY, INFORMATIONAL
CONTENT, OR ACCURACY, QUIET ENJOYMENT, TITLE, AND NON-
INFRINGEMENT. PURESYSTEMS SW S.R.O. DOES NOT WARRANT THAT THE
SWIFT FRAMEWORK.NET IS ERROR-FREE OR WILL OPERATE WITHOUT
INTERRUPTION. IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH
RESPECT TO THE SWIFT FRAMEWORK.NET, ALL SUCH WARRANTIES ARE
LIMITED IN DURATION TO 30 DAYS FROM THE DATE OF INSTALLATION OR
USE. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED
WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. THIS
WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE
OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE. 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 PURESYSTEMS SW S.R.O. 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 HAZARDOUS ENVIRONMENTS
REQUIRING FAIL-SAFE CONTROLS INCLUDING WITHOUT LIMITATION THE
OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION,
COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, LIFE SUPPORT OR
WEAPONS SYSTEMS, WHERE THE FAILURE OF THE SOFTWARE COULD
LEAD TO DEATH, PERSONAL INJURY OR SEVERE PHYSICAL OR
ENVIRONMENTAL DAMAGE.
4. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT
SHALL PURESYSTEMS SW S.R.O. 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 SWIFT FRAMEWORK.NET, THE PROVISION OF
OR FAILURE TO PROVIDE SUPPORT SERVICES, OR ANY PROVISION OF THIS
LICENSE AGREEMENT, EVEN IF PURESYSTEMS SW S.R.O. HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WHERE LEGALLY,
LIABILITY CANNOT BE EXCLUDED, BUT MAY BE LIMITED, PURESYSTEMS
SW S.R.O.S LIABILITY AND THAT OF ITS SUPPLIERS SHALL BE LIMITED TO
THE SUM OF FIFTY DOLLARS (U.S. $50) IN TOTAL. 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, PURESYSTEMS SW S.R.O.S LIABILITY AND
THAT OF ITS SUPPLIERS SHALL BE LIMITED TO THE GREATEST EXTENT
PERMITTED BY LAW. THE FOREGOING LIMITATIONS ON LIABILITY ARE
INTENDED TO APPLY TO THE WARRANTIES AND DISCLAIMERS ABOVE AND
ALL OTHER ASPECTS OF THIS LICENSE AGREEMENT.
5. EXPORT RULES AND GOVERNMENT RESTRICTED RIGHTS
You agree that the SWIFT Framework.NET and accompanying documentation will not
be shipped, transferred or exported into any country or used in any manner prohibited by
the United States Export Administration Act or any other export laws, restrictions or
regulations (collectively the "Export Laws"). In addition, if the SWIFT Framework.NET
is identified as export controlled items under the Export Laws, you represent and warrant
that you are not a citizen, or otherwise located within, an embargoed nation (including
without limitation Iran, Iraq, Syria, Sudan, Libya, Cuba, and North Korea) and that you
are not otherwise prohibited under the Export Laws from receiving the SWIFT
Framework.NET. All rights to use SWIFT Framework.NET are granted on condition that
such rights are forfeited if you fail to comply with the terms of this DLA. Use,
duplication, or disclosure by the U.S. Government of SWIFT Framework.NET is subject
to the restrictions set forth in this DLA 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.
6. TERM AND TERMINATION
Without prejudice to any other rights or remedies of PureSystems SW s.r.o., this DLA
may be terminated (a) by you giving PureSystems SW s.r.o.written notice of termination;
or (b) by PureSystems SW s.r.o., at its option, giving you written notice of termination or
(c) PureSystems SW s.r.o. giving you written notice of termination if you fail to comply
with the terms and conditions of the DLA. Upon any termination of this DLA, you must
cease all use of SWIFT Framework.NET, destroy all copies then in your possession or
control and take such other actions as PureSystems SW s.r.o. may reasonably request to
ensure that no copies of the SWIFT Framework.NET remain in your possession or
control.
7. Law and Jurisdiction
This License Agreement will be governed and construed in accordance with Czech Law
and the parties submit to the non-exclusive jurisdiction of the Czech Courts.