Easycom For Delphi SOFTWARE LICENSE AGREEMENT THIS IS AN AGREEMENT, PLEASE READ IT CAREFULLY, BY CLICKING ON THE " ACCEPT " BUTTON THAT APPEARS AT THE END OF THIS AGREEMENT OR BY OPENING THE DISK PACKAGE, YOU ARE CONSENTING TO BE BOUND BY ALL THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, CLICK ON THE " DO NOT ACCEPT " BUTTON AND THE INSTALLATION PROCESS WILL NOT CONTINUE AND RETURN THE PRODUCT TO THE PLACE OF PURCHASE FOR A FULL REFUND. OWNERSHIP OF THE SOFTWARE 1. The Easycom For Delphi software programs (" Software ") and accompanying written materials (the " Documentation ") are owned by AURA Equipements (" Licensor ") and are protected by International copyright laws and by international treaties. The Easycom engine is a product that is the sole propriety of AURA Equipements. DEFINITIONS 2. End User: The End user is either the natural person or the legal subject that bought the license or that uses an Evaluation Version. 3. Evaluation Version: Your use of the software is for the purpose of evaluating whether to purchase an ongoing license to the Software. You use an Evaluation Version when you install the Software without the appropriate serialization code (which takes the form of a serial number) to be install system. When you use an Evaluation Version, as soon as the DLL files in the Software are called upon, will be prompted before a dialog box appears explaining that you are running an Evaluation Version of the Software. You will then receive about twenty minutes of time to use the product by a similar dialog box every minute after one hour of use. The total number of time you can use the DLL is limited to 100. Anyhow the case the evaluation period for use is limited to 15 days. 4. Software: Software is the right to use the software-product "EASYCOM Server" and the Easycom For Delphi a direct level access for a PC Side for one development tool. (a) Installation: The " Easycom For Delphi" software, includes two parts: the client part and the server part. The client part is to be installed on the PC which one is linked to the AS/400. The server part is to be installed on the AS/400. (b) You can install the server part only once at a time one a specific AS/400 machine. (The software activation key is calculated by using the AS/400 serial number). In case, the software is to access to several AS/400, you have to purchase a license for each AS/400. (c) The use of the Client Software (development or deployment license) depends on the Number of simultaneous sessions for which you bought a license agreement (the activation key of the Software includes the Number of AS/400's sessions). (d) The Evaluation Copy includes a Server Software and a Client Software - 2 sessions. 4.1 The " Easycom For Delphi developer" gives to the developer all the functions requested for the development of an application. 4.2 The " Easycom For Delphi runtime" gives to the user the possibility to execute the application which has been developed with " Easycom For Delphi developer". You can not develop any application with " Easycom For Delphi runtime". 5. Maintenance release: shall mean corrections of errors and minor additions or improvements of functions in the software that are released to the public by Licensor from time to time at its sole discretion. A new maintenance release is identified by a modification of the product numbering to the right of a decimal point (e.g., a released labeled " 4.1 " would be a maintenance release of version 4 or 4.0 of the software). 6. New Version: shall mean important additions of improvements of functions or modules in the software that are released to the public by Licensor from time to time at its sole discretion. A New Version is identified by a modification of the product numbering to the left of decimal point (e.g., a move from " 4.1 " to " 5.0 "). Licensor maintains full discretion as to whether and when to issue a new release of the Software and whether to classify a new release as a " Maintenance Release " or " New Version ". GRANT OF LICENSE 7. License for Evaluation: You may use the Evaluation Version of the Software and Documentation in accordance with the terms of this Agreement (except that you will not benefit from the rights set forth in sections 9,18,22 and 23 below) and solely for the purpose of deciding whether to purchase a full License to the Software. You may also reproduce and distribute, including by means of posting on an Internet forum, the un-installed Evaluation Version of the Software known as the " install disks ", provided you do not modify or delete this agreement, any copyright or trademark notices or any portion of the Software. You shall be solely responsible for any costs or liabilities arising from any such reproduction or distribution. 8. Acquisition of Full License: If you have an Evaluation Version of the Software and wish to benefit from the rights set forth in sections 9,18,22 and 23 below, you must obtain a serialization code, which will disable the evaluation dialog prompt cycle described in section 3 above. A Serialization code may be obtained, in exchange for the applicable Licensee fee, simply by contacting Licensors or any authorized AURA Equipements distributors, the coordinates of which are set forth below. 9. License: In consideration for the payment of the License fee and your agreement to abide by the terms of this agreement, Licensor grants non exclusive License to use the Software and the documentation depending on (i) number of Client Licenses bought (ii) the price paid Software Development and/or Software Run Time, connected to a single server. RESTRICTIONS ON USE AND TRANSFER 10. You may not copy the Software or Documentation, except (i) as otherwise permitted in Section 7 above and (ii) to make one copy of the Software and Documentation solely to back up and archival purposes. 11. You may not translate, reverse engineer, decompile, or disassemble the Software or Documentation and,. You may not modify or adapt the Software. You agree that the Software, documentation, training materials, trade names, and trademarks are copyrighted or trademarked. 12. You may not loan, rent or lease the Software or Documentation or otherwise transfer or assign the right to use them, except as permitted in section 7 above. 13.You expressly agree that you will not post all or any portion of the Software or Documentation on the Internet or, more generally, on any computer network which can accessed by users outside of Client Site, except as permitted on the section 7 above. You also expressly agree no to disable or bypass the evaluation dialog prompt cycle incorporated in the Software. 14. You agree that Licensor is not granting any right to reproduce or distribute (i) the source code of all or any part of the Software (ii) the object code of any portion of the Software integrated. Your are expressly forbidden from reproducing or distributing the documentation except as otherwise permitted in section 7 above. 15. You agree that you will treat the access code as strictly confidential, only revealing it to those in your corporate group with a need to know it, to technical support and upgrade staff of Licensor. 16. You agree that you will not remove Licensor's copyright or restricted rights notices from any whole or partial copies of the Software or Documentation. LIMITED WARRANTY 17. The Software and the documentation are sold without any kind of warranty. 18. Licensor disclaims all other warranties, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose and non-infringement, with respect to the software, media and documentation. This limited warranty gives you specific legal rights. 19. Licensor's entire liability and your exclusive remedy shall be, at Licensor's choice, either (a) return of price paid or (b)replacement of the Software or media that does not meet Licensor's limited warranty and which are returned to Licensor with a copy of you receipt. Any replacement Software or media will be warranted for the remainder of the original warranty period or 30 days, whichever is longer. 20. This Limited Warranty is void if failure of the Software or media has resulted from modification, accident, abuse, misapplication or use in combination with other Software. 21. In no event will Licensor be liable to you for damages, including any loss of profits, lost savings, or other incidental or consequential damage arising out of your use or inability to use the software, media, or documentation. Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. MAINTENANCE SERVICES 22. Technical Support: Please file the registration card (yellow) and send it (or fax it) back to licenser. Assistance starts once the registration card is back to licenser. As an owner of the developer license, you are entitled to benefit of the following services for a period of 30 days starting when receiving the activation key : telephone or written technical support of the software, by means of Internet, Forum, fax and e-mail. As a general matter, the technical support is not meant to serve as a substitute for a careful reading of documentation. After this first period, you can access to a hot line service with the service of " premium Assistance ". 23. Maintenance Release Service: You are also entitled to obtain from Licensor's all Maintenance Releases of the Software for one year from the date of purchase. Maintenance releases shall be covered by the terms of the present agreement, unless accompanied by a new license agreement, in which case the latter agreement will prevail over the term's agreement or agreements covering previous maintenance releases. 24.Maintenance Version Service: You are also entitled to obtain from Licensor all maintenance Version of the software. Maintenance Version shall be covered by annual Maintenance agreement at the Licensor's current price. MISCELLANEOUS 25. Term of Termination: The term of this agreement will commence upon initial installation of the Software and shall continue in effect for so long as the Software is protected by copyright. Nonetheless, this Agreement will terminate automatically if you fail to comply with any of terms of this Agreement. On termination or expiration of this Agreement, you must (i)discontinue your use of the Software and Documentation, and (ii)permanently erase or destroy all copies of the Software and Documentation. 26. Governing Law: This agreement shall be governed by the French laws and all the signature of the international copyright treaties. AURA EQUIPEMENTS 10, AVENUE DU QUEBEC - BP 519 - 91946 LES ULIS - FRANCE Tél: 33 (0)1 69 07 01 45 - Fax: 33 (0)1 64 46 29 06 Web: www.easycom-aura.com