END-USER LICENSE AGREEMENT FOR SOFTWARE  
 
  IMPORTANT-READ CAREFULLY: The SOFTWARE in this package (libraries and source code) is proprietary to dbAutoTrack Ltd. and is protected by Federal Copyright Law. dbAutoTrack Ltd. retains the title to and ownership of the Product. This End User License Agreement (this "EULA") contains the terms and conditions regarding your use of this product.  
 
  I. YOUR LICENSE TO DEVELOP AND TO DISTRIBUTE.

This EULA grants you two licenses: 1) a license to use the SOFTWARE to develop other software products (the "Development License"); and 2) a license to use and/or distribute the Developed Software (the "Distribution License"). Both of these licenses are explained and defined in more detail below.		  
 
    1. Development License. This SOFTWARE is licensed to Single Developer. You are hereby granted a limited, royalty-free, non-exclusive right to use the SOFTWARE to design, develop, and test Developed Software, on the express condition that, and only for so long as, you fully comply with all terms and conditions of this EULA.

The Single Developer License means that you may perform a single installation of the SOFTWARE for use in designing, testing and creating Developed Software by a single Developer on a single computer, so long as only one Developer uses such computer. You may not network the SOFTWARE		  
 
    2. Distribution License. Subject to the terms and conditions in this EULA, you are granted the license to use and to distribute Developed Software on a royalty-free basis, provided that the Developed Software incorporates the SOFTWARE as an integral part of the Developed Software in machine-language compiled format (customarily an ".exe", or ".dll", etc.)  
 
    3. Limitations for Use of Source Code. Subject to the terms and conditions in this EULA, dbAutoTrack Ltd hereby grants you the right to use the SOFTWARE Source Code. You are hereby also granted the right to modify such Source Code and to create derivative works that are based on the licensed Source Code. You may distribute the derivative works that you develop, solely in object code format and exclusively in conjunction with and/or as a part of the Developed Software. You are expressly not granted the right to distribute, disclose or otherwise make available to any third party the licensed Source Code, any modified version, derivative work, or any portion thereof, in source code format.

dbAutoTrack Ltd. shall retain all right, title and interest in and to the licensed Source Code, and all updates, modifications or enhancements thereof. Nothing herein shall be deemed to transfer any ownership or title rights in and to the licensed Source Code from dbAutoTrack Ltd. to you.		  
 
    4. Evaluation Copy. If you are using an "evaluation copy" or similar version, you are granted a license to use the SOFTWARE for Evaluation purpose only. Developed Software may not be distributed or used for any commercial purpose.  
 
  II. INTELLECTUAL PROPERTY.  
 
    1. Copyright. You agree that dbAutoTrack Ltd. retains all right, title to and ownership of this Software. In all cases, you may not use dbAutoTrack Ltd. name, logo, or trademarks to market your Developed Software without the express written consent of dbAutoTrack Ltd. This SOFTWARE is protected by copyright laws and international treaty provisions. The SOFTWARE is licensed to you, not sold to you. dbAutoTrack Ltd. reserves all rights not otherwise expressly and specifically granted to you in this EULA.  
 
    2. Backups. You may either copy the SOFTWARE solely for backup or archival purposes; or install the SOFTWARE on a single computer, provided you keep the original solely for backup or archival purposes.  
 
    3. General Limitations. You may not reverse engineer, decompile, or disassemble the SOFTWARE.  
 
    4. Software Transfers. You may not rent, lease or transfer this SOFTWARE.  
 
    5. Termination. Without prejudice to any other rights it may have, dbAutoTrack Ltd may terminate this EULA and the Licenses if you fail to comply with the terms and conditions contained herein. In such an event, you must destroy all copies of the SOFTWARE and all of its component parts.  
 
  III. WARRANTIES

This software and documentation are sold "as is" without any warranty as to their performance, merchantability or fitness for any particular purpose. The licensee assumes the entire risk as to the quality and performance of the software. dbAutoTrack Ltd. warrants that the media on which the Program is furnished will be free from any defects in materials. Exclusive remedy in the event of a defect is expressly limited to the replacement of media. In no event shall dbAutoTrack Ltd or anyone else who has been involved in the creation, development, production, or delivery of this software be liable for any damages whatsoever (including, without limitation, damages for loss of business profit, business interruption, loss of business information, or any other pecuniary loss) arising out of the use or inability to use the software, even if dbAutoTrack Ltd. has been advised of the possibility of such damages.		  
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