LICENSE AGREEMENT

The Easiest way to Program Mobile Devices!


LICENSE AGREEMENT

PLEASE READ THIS LICENSE CAREFULLY BEFORE USING THE SOFTWARE. BY USING THE SOFTWARE, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, PROMPTLY RETURN THE PRODUCT TO THE PLACE WHERE YOU OBTAINED IT AND YOUR MONEY WILL BE REFUNDED.

1. License. The application, demonstration, system, and other software accompanying this License, whether on disk, in read only memory, or on any other media (the "Software"), the related documentation and fonts are licensed to you by NSB Corporation ("NSBC"). You own the media on which the Software and fonts are recorded but NSBC and or NSBC's Licenser(s) and suppliers retain title to the Software, related documentation and fonts and are protected by United States copyright laws, by laws of other nations and international treaties. This License allows you (and only you) to use the Software and fonts on a single computer at a time (up to 3 computers in total) and make copies of the Software and fonts in machine-readable form for backup purposes only. You must reproduce on such copy the NSBC copyright notice and any other proprietary legends that were on the original copy of the Software and fonts. You may also transfer all your license rights in the Software and fonts, the backup copy of the Software and fonts, the related documentation and a copy of this License to another party, provided the other party reads and agrees to accept the terms and conditions of this License.

2. Restrictions. The Software contains copyrighted material, trade secrets and other proprietary material and in order to protect them you may not decompile, reverse engineer, disassemble or otherwise reduce the Software to a human- perceivable form. You may not modify, network, rent, lease, load, distribute or create derivative works based upon the Software in whole or in part. You may not electronically transmit the Software from one device to another or over a network.

3. Termination. This License is effective until terminated. You may terminate this License at any time by destroying the Software and related documentation and fonts. This License will terminate immediately without notice from NSBC if you fail to comply with any provision of this License. Upon termination you must destroy the Software, related documentation and fonts.

4. Export Law Assurances. You agree and certify that neither the Software nor any other technical data received from NSBC, nor the direct product thereof, will be exported outside the United States except as authorized and as permitted by the laws and regulations of the United States. If the Software has been rightfully obtained by you outside of the United States, you agree that you will not reexport the Software nor any other technical data received from NSBC, nor the direct product thereof, except as permitted by the laws and regulations of the United States and the laws and regulations of the jurisdiction in which you obtained the Software.

5. Government End Users. If you are acquiring the Software and fonts on behalf of any unit or agency of the United States Government, the following provisions apply. The Government agrees: (i) if the Software and fonts are supplied to the Department of Defense (DoD), the Software and fonts are classified as "Commercial Computer Software" and the Government is acquiring only "restricted rights" in the Software, its documentation and fonts as that term is defined in Clause 252.227-7013(c)(1) of the DFARS; and (ii) if the Software and fonts are supplied to any unit or agency of the United States Government other than DoD, the Governments' rights in the Software, its documentation and fonts will be as defined in Clause 52.227-19(c)(2) of the FAR or, in the case of NASA, in Clause 18-52.227-86(d) of the NASA supplement to the FAR.

6. NSB will replace at no charge defective disks or manuals within 90 days of the date of purchase. NSB warranties that the programs will perform generally in compliance with the included documentation. NSB does not warrant that the programs and manuals are free from all bugs, errors or omissions.

7. Disclaimer of Warranty on Software. You expressly acknowledge and agree that use of the Software and fonts is at your sole risk. The Software, related documentation and fonts are provided "AS IS" and without warranty of any kind and NSBC and NSBC's Licenser(s) (for the purposes of provisions 7 and 8, NSBC and NSBC's Licenser(s) shall be collectively referred to as "NSBC") EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NSBC DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR- FREE, OR THAT DEFECTS IN THE SOFTWARE AND THE FONTS WILL BE CORRECTED. FURTHERMORE, NSBC DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SOFTWARE AND FONTS OR RELATED DOCUMENTATION IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY NSBC OR A NSBC AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. SHOULD THE SOFTWARE PROVE DEFECTIVE, YOU (AND NOT NSBC OR AN NSBC AUTHORIZED REPRESENTATIVE) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. This limited warranty gives you specific rights. You may have others, which vary from state to state. LICENSOR'S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY SHALL BE, AT LICENSOR'S CHOICE, EITHER (A) RETURN OF THE PRICE PAID OR (B) REPLACEMENT OF THE SOFTWARE THAT DOES NOT MEET LICENSOR'S LIMITED WARRANTY AND WHICH IS RETURNED TO LICENSOR WITH A COPY OF YOUR RECEIPT. Any replacement Software will be warranted for the remainder of the original warranty period or 30 days, whichever is longer. This Limited Warranty is void if failure of the Software has resulted from modification, accident, abuse, or misapplication.

8. Limitation of Liability. Because software is inherently complex and may not be free from errors, you are advised to verify the work produced by the Program. UNDER NO CIRCUMSTANCES INCLUDING NEGLIGENCE, SHALL NSBC BE LIABLE FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OR INABILITY TO USE THE SOFTWARE OR RELATED DOCUMENTATION, EVEN IF NSBC OR A NSBC AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. In no event shall NSBC's total liability to you for all damages, losses, and causes of action (whether in contract, tort (including negligence) or otherwise) exceed the amount paid by you for the Software and fonts.

9. Allocation of Risk: You acknowledge and agree that this Agreement allocates risk between you and NSBC as authorized by the Uniform Commercial Code and other applicable law and that the pricing of NSBC's products reflects this allocation of risk and the limitations of liability contained in this Agreement. If any remedy hereunder is determined to have failed of its essential purpose, all limitations of liability and exclusions of damages as set forth in this Agreement will remain in effect.

10. Support. NSBC may, at its option, provide support services at its standard fees for such services. Such support services will be governed by the limitations of liability under this Agreement.

11. Additional Restrictions: Any upgrade or enhancement of the program subsequently supplied by NSBC may only be used upon the destruction of the prior version, and shall be governed by the terms of this Agreement.

12. Controlling Law and Severability. This License shall be governed by and construed in accordance with the laws of the United States and the State of Delaware, as applied to agreements entered into and to be performed entirely within Delaware between Delaware residents. If for any reason a court of competent jurisdiction finds any provision of this License, or portion thereof, to be unenforceable, that provision of the License shall be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of this License shall continue in full force and effect.

13. Complete Agreement. This License constitutes the entire agreement between the parties with respect to the use of the Software, related documentation and fonts, and supersedes all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. No amendment to or modification of this License will be binding unless in writing and signed by a duly authorized representative of NSBC.


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