RoboFab License Agreement

version 1.1.1, September 9, 2005

This RoboFab License Agreement ("Agreement") is a legal agreement between you (either an individual or a single entity known as "Customer") and The RoboFab Consortium (Just van Rossum, Erik van Blokland, Tal Leming), which owns a library of computer software with associated files. By installing, copying, or otherwise using the Software or any Software Updates, Customer agrees to be bound by the terms of this Agreement. If Customer does not agree to the terms of this Agreement, do not install, copy, or use the Software, including all Software Updates that Customer receives as part of the Software (each, an "Update"). By installing, copying, or otherwise using an Update, Customer agrees to be bound by the additional license terms that accompany such Update. If Customer does not agree to the terms of the additional license terms that accompany the Update, disregard the Update and the additional license terms that accompany the Update. In this event, Customer's rights to use the Software shall continue to be governed by the then-existing Agreement.

1. Copyright

Unless noted otherwise, all rights, title, interests in and to copyrights in the Software (including but not limited to any software components, product documentation and associated media, sample files, extension files, tools and utilities, miscellaneous technical information, and any copies of the Software, are owned exclusively (or licensed) by The RoboFab Developers. The Software is protected by The Netherlands copyright laws and international treaty provisions. Therefore, you must treat the Software like any other copyrighted material. The Software is licensed, not sold.

2. Grant of Limited Use License

a. The RoboFab Consortium grants Customer a limited right to use the Software for development purposes only. This agreement DOES NOT GRANT any other right or license, including but not limited to distribution, or commercial use. Commercial use of the Software is granted only by executing a separate commercial use license agreement that can be obtained from The RoboFab Consortium.

3. Other Restrictions

a. The Software is the property of The RoboFab Developers, including, but not limited to, all applicable rights to patents, copyrights, trademarks and trade secrets and is provided for Customer's exclusive use for the purposes of this Agreement.

b. Customer will not alter, remove or obscure any designation name or mark from any supplied material that identifies such material as belonging to or developed by The RoboFab Consortium or other developers.

c. Customer may not transfer, rent, lease, or sublicense the Software.

4. Termination

a. Without prejudice to any other rights, The RoboFab Consortium may terminate this Agreement and the functionality of the Software at any time at its sole discretion. All rights granted hereunder shall immediately terminate upon Customer's failure to comply with the terms and conditions of this Agreement. In either such event, Customer agrees to destroy all copies of the Software in any form and all of its component parts.

5. Disclaimer of Warranty

a. NO WARRANTIES. THE SOFTWARE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE ROBOFAB DEVELOPERS DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTY AGAINST INFRINGEMENT, WITH REGARD TO THE SOFTWARE. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION.

b. NO LIABILITY FOR DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL The RoboFab Consortium BE LIABLE FOR ANY 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, EVALUATION OR INABILITY TO USE OR EVALUATE THE SOFTWARE, EVEN IF THE ROBOFAB DEVELOPERS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

6. Governing Law

This Agreement shall be construed in accordance with the laws of The Netherlands without regard to conflicts of law provisions. In the event of any dispute arising out of or relating to this Agreement, the parties agree to jurisdiction and venue of the applicable court in The Netherlands.

7. Trademarks

RoboFab, RoboThon, and the The RoboFab Consortium logo are all trademarks of The RoboFab Consortium.

Agree

CUSTOMER ACKNOWLEDGES THAT CUSTOMER HAS READ THIS AGREEMENT, UNDERSTAND IT AND AGREES TO BE BOUND BY ITS TERMS AND CONDITIONS. CUSTOMER FURTHER AGREES THAT IT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN CUSTOMER AND The RoboFab Consortium WHICH SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN CUSTOMER AND The RoboFab Consortium RELATING TO THE SOFTWARE.

This Agreement may not be modified except in writing, signed by a duly authorized representative of The RoboFab Consortium.