LICENSE AGREEMENT

CLEARJUMP LITEWAVE COMMAND LINE TOOL

THIS IS A LEGAL AGREEMENT BETWEEN YOU AND CLEARJUMP. PLEASE READ THIS DOCUMENT CAREFULLY BEFORE USING THE SOFTWARE. BY USING THE SOFTWARE IDENTIFIED ABOVE, YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT. If you are the original purchaser of the Software and you do not agree with the terms and conditions of the License Agreement, promptly return the unused Software to the place from which you obtained it for a full refund.

SOFTWARE PRODUCT LICENSE
1. Ownership. The software program ("Software") identified above and the accompanying material are owned by ClearJump. The Software and the accompanying material are protected by United States and international laws and treaties regarding copyrights and other intellectual property rights. The Software is licensed, not sold, to you for use only under the terms of this Agreement. As between you and ClearJump, ClearJump retains all title to and ownership of the Software and any accompanying material, and reserves all rights not expressly granted to you in this Agreement.

2. Use for Personal or Academic Purposes. The Software may be used by you only for personal, non-commercial or academic purposes. If you are an entity, ClearJump grants you the right to designate one individual within your organization ("Named User") to have the right to use the Software in the manner provided above. All commercial use and distribution of the Software requires a Commercial Use and Distribution License.

3. Permanent Transfer of License. You may transfer your license of the Software, provided that (a) you transfer all portions of the Software, (b) you do not retain any portion of the Software or any copy thereof, and (c) the transferee reads and agrees to be bound by the terms and conditions of this Agreement. Except as provided in the License Agreement, you may not transfer, rent, lease, lend, copy, modify, translate, sublicense, time-share or electronically transmit or receive the Software, media or documentation.

4. Upgrades. If you have purchased an upgrade version of the Software, it constitutes a single product with the ClearJump software that you upgraded.  You may use or transfer the upgrade version of the Software only in accordance with the License Agreement.

5. Prohibitions on Modifying and Renting of the Software. Except as provided in the License Agreement and to the extent expressly permitted by applicable law, you may not transfer, modify, create derivative works of, adapt, translate, rent, lease, loan, sublicense, time-share or electronically transmit or receive the Software or its accompanying material, media or documentation.

6. Decompiling, Disassembling or Reverse Engineering. You acknowledge that the Software remains a confidential trade secret of and contains other proprietary information of ClearJump. Except to the extent expressly permitted by applicable law, you agree not to decompile, disassemble or otherwise reverse engineer the Software, or engage in any other activities to obtain underlying information that is not visible to the user in connection with normal use of the Software.

In any event, you will notify ClearJump of any information derived from decompiling, disassembling, reverse engineering or such other activities and the results thereof will constitute the confidential information of ClearJump. You shall have no right to make available to any third party such confidential information or use such confidential information except in connection with the normal use of the Software.

7. Redistributables. ClearJump products may include certain files ("Redistributables") intended for distribution by you to the users of programs you create. Redistributables include, for example, those files identified in the accompanying printed or on-line documentation as redistributable files, those files preselected for deployment by an install utility provided with the Software, if any, or those files pre-selected by a third party install utility which operates under control of an install script which ClearJump has certified, if any, for use by licensed users of this Software for deploying applications. In any event, the Redistributables for the Software are only those files specifically designated as such by ClearJump. From time to time, ClearJump may designate other files as Redistributables. You should refer to the documentation, including any "readme" files included with the Software, for additional information.

Subject to all of the conditions in this statement, you may reproduce and distribute exact copies of the Redistributables, provided that such copies are made from the original copy of the Software or the backup copy. Copies of Redistributables may only be distributed with and for the sole purpose of executing application programs permitted under this statement that you have created using the Software. Under no circumstances may any copies of Redistributables be distributed separately. Regardless of any modifications which you make and regardless of how you might compile, link, and/or package your programs, under no circumstances may the libraries (including runtime libraries), code, Redistributables, and/or other files of the Software (including any portions thereof) be used for developing programs by anyone other than you.  Only you as the licensed user (or the Named User for your entity) have the right to use the libraries (including runtime libraries), code, Redistributables, or other files of the Software (or any portions thereof) for developing programs created with the Software. In particular, you may not share copies of the Redistributables with other co-developers. You may not reproduce or distribute any ClearJump documentation without ClearJump's permission.

The Software might include source code, redistributable files, and/or other files provided by a third party vendor (Third Party Software). Since use of Third Party Software might be subject to license restrictions imposed by the third party vendor, you should refer to the on-line documentation, if any, provided with Third Party Software for any license restrictions imposed by the third party vendor. In any event, any license restrictions imposed by a third party vendor are in addition to, not in lieu of, the terms and conditions of the License Agreement.

All ClearJump libraries, source code, Redistributables and other files remain ClearJump's exclusive property. Regardless of any modifications that you make, you may not distribute any files (particularly ClearJump source code and other non-executable files) except those that ClearJump has expressly designated as Redistributables. Nothing in the License Agreement permits you to derive the source code of files that ClearJump has provided to you in executable form only, or to reproduce, modify, use, or distribute the source code of such files. You are not, of course, restricted from distributing source code or byte code that is entirely your own. Source code which you generate with a ClearJump source code generator is considered by ClearJump to be your code.

Contact ClearJump for the applicable royalties due and other licensing terms for all other uses and/or distribution of the Redistributables.

8. High Risk Activities. The Software is not fault-tolerant and is not designed, manufactured or intended for use or resale as on-line control equipment in hazardous environments requiring fail-safe performance, such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines, or weapons systems, in which the failure of the Software could lead directly to death, personal injury, or severe physical or environmental damage ("High Risk Activities"). ClearJump and its suppliers specifically disclaim any express or implied warranty of fitness for High Risk Activities.

9. Termination. The license granted to you is effective until terminated. You may terminate it at any time by returning the Software (including any portions or copies thereof) to ClearJump. The license will also terminate automatically without any notice from ClearJump if you fail to comply with any term or condition of this Agreement. You agree upon such termination to return the Software (including any portions or copies thereof ) to ClearJump. Upon termination, ClearJump may also enforce any rights provided by law.

10. Export Control. You may not, without prior authorization of the U.S. Department of Commerce or any other governmental entity which has jurisdiction, export or transmit the Software to any country to which such export or transmission is restricted by any applicable U.S. regulation or law.

11. U.S. Government Restricted Rights. The Software and accompanying material are provided with restricted rights. Use, duplication or disclosure by the U.S. Government is subject to restrictions as set forth in subdivision (c) (1) (ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software-Restricted Rights at 48 CFR 52.227-19, as applicable. Manufacturer is ClearJump, San Jose, California, USA.

12. General Provisions. This Agreement shall be governed and interpreted in accordance with the laws of the State of California, USA, as applied to contracts entered into and performed entirely in California. This Agreement shall be construed in such fashion as to make each provision enforceable to the maximum extent possible under governing law. This Agreement contains the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior agreements or understandings (oral or written).

Failure or delay in enforcing any right or provision of this Agreement shall not be deemed a waiver of such provision or right with respect to any subsequent breach. If any provision of this Agreement shall be held by a court of competent jurisdiction to be contrary to law, that provision shall be enforced to the maximum extent permissible, and the remaining provisions of this Agreement will remain in full force and effect.
