License agreement

Software License agreement and disclaimer of warranty
XML Marker 2.0 – August 2011
XML Marker 2.1 – February 2012
XML Marker 2.2 – February 2013
This is an agreement between you, either an individual or a single entity (“You” or the “Customer”), and Symbol Click Software for the software product identified above (the “Software”). Unless you have a different license agreement signed by Symbol Click Software, your use of this software indicates your agreement to these terms and conditions. If you do not accept all of these terms and conditions, you must cease using the Software immediately.

Copyright
You acknowledge that the Software, License Key and accompanying user documentation (“Documentation”) are copyrighted works owned by Symbol Click Software and that Customer has no rights in the foregoing except as expressly granted herein.

Free 30-Day Evaluation use
This is not free software. Symbol Click Software hereby grants you a non-exclusive, non-transferable, limited license to use the Software free of charge for a period of thirty (30) days for evaluation purposes. Use of the Software beyond the thirty-day (30-day) trial period or for non-evaluation use requires a License Key as described below.

Licensed use
Non-evaluation use of the software requires a license key which contains, among other, a “Licensed To” field and a “User Count” field. The license key may contain additional rights or restrictions. For example: update subscription, expiration date or any negotiated rights.

If you obtained a valid license key from Symbol Click Software or an authorized reseller, your name is the same as the Licensed To field, then you may install and use the software in the specified number of users.

Each user is either (but not both):

• One to five computers used primarily by a single person.
• A single computer used non-simultaneously by multiple people while physically present at the computer.

Each person so licensed must be the Customer, an employee of the Customer, an employee of a Customer’s subsidiary company, or a third party consultant retained by the Customer to perform information technology functions (each, a “Third Party”) to use the Software solely for Customer’s internal business operations and benefit, and for no other purpose whatsoever. Customer shall ensure that such Third Party complies with the terms of this License Agreement and will be responsible for any breach by such Third Party.

You shall be responsible for maintaining the License Key in a safe location and are specifically prohibited from distributing the License Key, intentionally or unintentionally, to any third party not authorized by this License Agreement. Upon loss or distribution of the License Key, Customer shall be required to pay a reinstatement fee at Symbol Click Software’s discretion.

Valid license key
A license key is valid if the software, in an unmodified form, accepts as valid and displays as such in the about box and other places. You can further check the validity of the license by clicking the “view license key online” link on the about box.

Distribution of the Software
Provided that you do not copy or distribute the License Key, and you include a copy of this License Agreement, you may (a) make copies of the Software; (b) give exact, unmodified copies of the Software to anyone; and © distribute the Software in its unmodified form via electronic means. You are specifically prohibited from charging any fees for any such copies or distributions.

Term and Termination
You may continue to use the Software for as long as you comply with the terms and conditions of this License Agreement. Symbol Click Software may terminate this License Agreement immediately upon notice to you in the event that Symbol Click Software has reason to believe you have breached this License Agreement. Upon termination, you shall immediately cease all use of the Software, License Key and Documentation and shall not be entitled to a refund of any fees paid.

Warranties
Symbol Click Software warrants and represents that:

• It has all right, title and interest in the Software, the right to enter into and provide the license rights granted by this Agreement, and is not party to and will not enter into any agreement, covenant or encumbrance that conflicts with this Agreement;
• The Software does not, to the best of Symbol Click Software knowledge, infringe upon or violate copyright, or trade secret or other proprietary right of any third party;
• The advent of any date or year shall not adversely affect the performance of the Software;
• The Software is not contaminated by harmful code (e.g., self-propagating program instructions commonly called viruses, worms or Trojans).

General Disclaimer
Except for the limited warranties set forth herein, THE SOFTWARE AND DOCUMENTATION ARE PROVIDED “AS IS.” TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SYMBOL CLICK SOFTWARE DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. ANY LIABILITY OF SYMBOL CLICK SOFTWARE WILL BE LIMITED EXCLUSIVELY TO REFUND OF THE PURCHASE PRICE.

Miscellaneous Provisions
The validity and interpretation of this Agreement shall be governed by the laws of the United States of America and the State of New York. Customer agrees that the state and federal courts located in the State of New York, New York County, shall be the appropriate site of venue for actions relating to this Agreement, and hereby consents to the exclusive jurisdiction and venue of such courts. If any provision of this Agreement is declared by a court of competent jurisdiction to be invalid, illegal or unenforceable, such provision or part thereof will be severed from the Agreement and the remaining provisions will remain in full force and effect.

Limitations on Reverse Engineering, modification, decompilation, Disassembly.
You may not reverse engineer, modify, decompile, or disassemble the software, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.