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+EVALUATION LICENSE AGREEMENT
+Agreement version 2.0
+
+This Evaluation License Agreement ("Agreement") is a legal agreement between
+Digia USA, Inc. ("Digia"), with its registered office at 32 W.  Loockerman
+Street, Suite 201, City of Dover, County of Kent, Delaware 19904, U.S.A. and you
+(either an individual or a legal entity) ("Licensee") for the Licensed Software
+(as defined below).
+
+1.	DEFINITIONS
+"Affiliate" of a Party shall mean an entity (i) which is directly or indirectly
+controlling such Party; (ii) which is under the same direct or indirect
+ownership or control as such Party; or (iii) which is directly or indirectly
+owned or controlled by such Party.  For these purposes, an entity shall be
+treated as being controlled by another if that other entity has fifty percent
+(50 %) or more of the votes in such entity, is able to direct its affairs and/or
+to control the composition of its board of directors or equivalent body.
+
+"Term" shall mean the period of time thirty (30) days from the later of (a) the
+Effective Date; or (b) the date the Licensed Software was initially delivered to
+Licensee by Digia.  If no specific Effective Date is set forth in the Agreement,
+the Effective Date shall be deemed to be the date the Licensed Software was
+initially delivered to Licensee.
+
+"Licensed Software" shall mean the computer software, "online" or electronic
+documentation, associated media and printed materials, including the source
+code, example programs and the documentation delivered by Digia to Licensee in
+conjunction with this Agreement. "Party or Parties" shall mean Licensee and/or
+Digia.
+
+2.	OWNERSHIP
+The Licensed Software is protected by copyright laws and international copyright
+treaties, as well as other intellectual property laws and treaties.  The
+Licensed Software is licensed, not sold.
+
+If Licensee provides any findings, proposals, suggestions or other feedback
+("Feedback") to Digia regarding the Licensed Software, Digia shall own all
+right, title and interest including the intellectual property rights in and to
+such Feedback, excluding however any existing patent rights of Licensee.  To the
+extent Licensee owns or controls any patents for such Feedback Licensee hereby
+grants to Digia and its Affiliates, a worldwide, perpetual, non-transferable,
+sublicensable, royalty-free license to (i) use, copy and modify Feedback and to
+create derivative works thereof, (ii) to make (and have made), use, import,
+sell, offer for sale, lease, dispose, offer for disposal or otherwise exploit
+any products or services of Digia containing Feedback, and (iii) sublicense all
+the foregoing rights to third party licensees and customers of Digia and/or its
+Affiliates.
+
+3.	VALIDITY OF THE AGREEMENT
+By installing, copying, or otherwise using the Licensed Software, Licensee
+agrees to be bound by the terms of this Agreement.  If Licensee does not agree
+to the terms of this Agreement, Licensee may not install, copy, or otherwise use
+the Licensed Software.  Upon Licensee's acceptance of the terms and conditions
+of this Agreement, Digia grants Licensee the right to use the Licensed Software
+in the manner provided below.
+
+4.	LICENSES
+4.1.	Using and Copying
+Digia grants to Licensee a non-exclusive, non-transferable, time-limited license
+to use and copy the Licensed Software for sole purpose of evaluating the
+Licensed Software during the Term.
+
+Licensee may install copies of the Licensed Software on an unlimited number of
+computers provided that (a) if an individual, only such individual; or (b) if a
+legal entity only its employees; use the Licensed Software for the authorized
+purposes.
+
+4.2	No Distribution or Modifications
+Licensee may not disclose, modify, sell, market, commercialise, distribute,
+loan, rent, lease, or license the Licensed Software or any copy of it or use the
+Licensed Software for any purpose that is not expressly granted in this Section
+4.  Licensee may not alter or remove any details of ownership, copyright,
+trademark or other property right connected with the Licensed Software.
+Licensee may not distribute any software statically or dynamically linked with
+the Licensed Software.
+
+4.3	No Technical Support
+Digia has no obligation to furnish Licensee with any technical support
+whatsoever.  Any such support is subject to separate agreement between the
+Parties.
+
+5.	THIRD PARTY SOFTWARE
+The Licensed Software may provide links to third party libraries or code
+(collectively "Third Party Software") to implement various functions.  Third
+Party Software does not comprise part of the Licensed Software.  In some cases,
+access to Third Party Software may be included along with the Licensed Software
+delivery as a convenience for development and testing only.  Such source code
+and libraries may be listed in the ".../src/3rdparty" source tree delivered with
+the Licensed Software or documented in the Licensed Software where the Third
+Party Software is used, as may be amended from time to time, do not comprise the
+Licensed Software.  Licensee acknowledges (1) that some part of Third Party
+Software may require additional licensing of copyright and patents from the
+owners of such, and (2) that distribution of any of the Licensed Software
+referencing any portion of a Third Party Software may require appropriate
+licensing from such third parties.
+
+6.	LIMITED WARRANTY AND WARRANTY DISCLAIMER
+The Licensed Software is licensed to Licensee "as is".  To the maximum extent
+permitted by applicable law, Digia on behalf of itself and its suppliers,
+disclaims all warranties and conditions, either express or implied, including,
+but not limited to, implied warranties of merchantability, fitness for a
+particular purpose, title and non-infringement with regard to the Licensed
+Software.
+
+7.	LIMITATION OF LIABILITY 
+If, Digia's warranty disclaimer notwithstanding, Digia is held liable to
+Licensee, whether in contract, tort or any other legal theory, based on the
+Licensed Software, Digia's entire liability to Licensee and Licensee's exclusive
+remedy shall be, at Digia's option, either (A) return of the price Licensee paid
+for the Licensed Software, or (B) repair or replacement of the Licensed
+Software, provided Licensee returns to Digia all copies of the Licensed Software
+as originally delivered to Licensee.  Digia shall not under any circumstances be
+liable to Licensee based on failure of the Licensed Software if the failure
+resulted from accident, abuse or misapplication, nor shall Digia under any
+circumstances be liable for special damages, punitive or exemplary damages,
+damages for loss of profits or interruption of business or for loss or
+corruption of data.  Any award of damages from Digia to Licensee shall not
+exceed the total amount Licensee has paid to Digia in connection with this
+Agreement.
+
+8.	CONFIDENTIALITY
+Each party acknowledges that during the Term of this Agreement it shall have
+access to information about the other party's business, business methods,
+business plans, customers, business relations, technology, and other
+information, including the terms of this Agreement, that is confidential and of
+great value to the other party, and the value of which would be significantly
+reduced if disclosed to third parties (the "Confidential Information").
+Accordingly, when a party (the "Receiving Party") receives Confidential
+Information from another party (the "Disclosing Party"), the Receiving Party
+shall, and shall obligate its employees and agents and employees and agents of
+its Affiliates to: (i) maintain the Confidential Information in strict
+confidence; (ii) not disclose the Confidential Information to a third party
+without the Disclosing Party's prior written approval; and (iii) not, directly
+or indirectly, use the Confidential Information for any purpose other than for
+exercising its rights and fulfilling its responsibilities pursuant to this
+Agreement.  Each party shall take reasonable measures to protect the
+Confidential Information of the other party, which measures shall not be less
+than the measures taken by such party to protect its own confidential and
+proprietary information.
+
+"Confidential Information" shall not include information that (a) is or becomes
+generally known to the public through no act or omission of the Receiving Party;
+(b) was in the Receiving Party's lawful possession prior to the disclosure
+hereunder and was not subject to limitations on disclosure or use; (c) is
+developed by the Receiving Party without access to the Confidential Information
+of the Disclosing Party or by persons who have not had access to the
+Confidential Information of the Disclosing Party as proven by the written
+records of the Receiving Party; (d) is lawfully disclosed to the Receiving Party
+without restrictions, by a third party not under an obligation of
+confidentiality; or (e) the Receiving Party is legally compelled to disclose the
+information, in which case the Receiving Party shall assert the privileged and
+confidential nature of the information and cooperate fully with the Disclosing
+Party to protect against and prevent disclosure of any Confidential Information
+and to limit the scope of disclosure and the dissemination of disclosed
+Confidential Information by all legally available means.
+
+The obligations of the Receiving Party under this Section shall continue during
+the Initial Term and for a period of five (5) years after expiration or
+termination of this Agreement.  To the extent that the terms of the
+Non-Disclosure Agreement between Digia and Licensee conflict with the terms of
+this Section 8, this Section 8 shall be controlling over the terms of the
+Non-Disclosure Agreement.
+
+9.	GENERAL PROVISIONS
+9.1	No Assignment
+Licensee shall not be entitled to assign or transfer all or any of its rights,
+benefits and obligations under this Agreement without the prior written consent
+of Digia, which shall not be unreasonably withheld.  For the avoidance of doubt,
+Digia's right to assign or transfer the Agreement, in whole or in part, shall be
+unrestricted.
+
+9.2 	Termination
+Digia may terminate the Agreement at any time immediately upon written notice by
+Digia to Licensee if Licensee breaches this Agreement.
+
+Upon termination of this Agreement, Licensee shall return to Digia all copies of
+Licensed Software that were supplied by Digia.  All other copies of Licensed
+Software in the possession or control of Licensee must be erased or destroyed.
+An officer of Licensee must promptly deliver to Digia a written confirmation
+that this has occurred.
+
+9.3	Surviving Sections 
+Any terms and conditions that by their nature or otherwise reasonably should
+survive a cancellation or termination of this Agreement shall also be deemed to
+survive.  Such terms and conditions include, but are not limited to the
+following Sections: 2, 5, 6, 7, 8, 9.2, 9.3, 9.4, 9.5, 9.6, 9.7, and 9.8 of this
+Agreement.
+
+9.4	Entire Agreement 
+This Agreement constitutes the complete agreement between the parties and
+supersedes all prior or contemporaneous discussions, representations, and
+proposals, written or oral, with respect to the subject matters discussed
+herein, with the exception of the non-disclosure agreement executed by the
+parties in connection with this Agreement ("Non-Disclosure Agreement"), if any,
+shall be subject to Section 8.  No modification of this Agreement shall be
+effective unless contained in a writing executed by an authorized representative
+of each party.  No term or condition contained in Licensee's purchase order
+shall apply unless expressly accepted by Digia in writing.  If any provision of
+the Agreement is found void or unenforceable, the remainder shall remain valid
+and enforceable according to its terms.  If any remedy provided is determined to
+have failed for its essential purpose, all limitations of liability and
+exclusions of damages set forth in this Agreement shall remain in effect.
+	
+9.5. Notices
+Any notice given by one party to the other shall be deemed properly given and
+deemed received if specifically acknowledged by the receiving party in writing
+or when successfully delivered to the recipient by hand, fax, or special courier
+during normal business hours on a business day to the addresses specified below.
+Each communication and document made or delivered by one party to the other
+party pursuant to this Agreement shall be in the English language or accompanied
+by a translation thereof.
+
+Notices to Digia shall be given to: 
+
+Digia USA Inc
+Suite 203 
+2880 Zanker Road 
+San Jose 
+CA 95134 
+U.S.A
+Fax. + 1 408 433 9360
+
+9.6	Export Control
+Licensee acknowledges that the Licensed Software may be subject to export
+control restrictions of various countries.  Licensee shall fully comply with all
+applicable export license restrictions and requirements as well as with all laws
+and regulations relating to the importation of the Licensed Software and shall
+procure all necessary governmental authorizations, including without limitation,
+all necessary licenses, approvals, permissions or consents, where necessary for
+the re-exportation of the Licensed Software.,
+
+9.7	Governing Law and Legal Venue
+This Agreement shall be governed by and construed in accordance with the federal
+laws of the United States of America and the internal laws of the State of New
+York without given effect to any choice of law rule that would result in the
+application of the laws of any other jurisdiction.  The United Nations
+Convention on Contracts for the International Sale of Goods (CISG) shall not
+apply.  Each Party (a) hereby irrevocably submits itself to and consents to the
+jurisdiction of the United States District Court for the Southern District of
+New York (or if such court lacks jurisdiction, the state courts of the State of
+New York) for the purposes of any action, claim, suit or proceeding between the
+Parties in connection with any controversy, claim, or dispute arising out of or
+relating to this Agreement; and (b) hereby waives, and agrees not to assert by
+way of motion, as a defence or otherwise, in any such action, claim, suit or
+proceeding, any claim that is not personally subject to the jurisdiction of such
+court(s), that the action, claim, suit or proceeding is brought in an
+inconvenient forum or that the venue of the action, claim, suit or proceeding is
+improper.  Notwithstanding the foregoing, nothing in this Section 9.6 is
+intended to, or shall be deemed to, constitute a submission or consent to, or
+selection of, jurisdiction, forum or venue for any action for patent
+infringement, whether or not such action relates to this Agreement.
+
+9.8	No Implied License
+There are no implied licenses or other implied rights granted under this
+Agreement, and all rights, save for those expressly granted hereunder, shall
+remain with Digia and its licensors.  In addition, no licenses or immunities are
+granted to the combination of the Licensed Software with any other software or
+hardware not delivered by Digia under this Agreement.
+
+9.9	Government End Users 
+ A "U.S.  Government End User" shall mean any agency or entity of the government
+ of the United States.  The following shall apply if Licensee is a U.S.
+ Government End User.  The Licensed Software is a "commercial item," as that
+ term is defined in 48 C.F.R. 2.101 (Oct. 1995), consisting of "commercial
+ computer software" and "commercial computer software documentation," as such
+ terms are used in 48 C.F.R. 12.212 (Sept. 1995).  Consistent with 48 C.F.R.
+ 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4 (June 1995), all U.S.
+ Government End Users acquire the Licensed Software with only those rights set
+ forth herein.  The Licensed Software (including related documentation) is
+ provided to U.S.  Government End Users: (a) only as a commercial end item; and
+ (b) only pursuant to this Agreement.
+
+
+
+EVALUATION LICENSE AGREEMENT
+
+DIGIA USA INC. | SUITE 203 | 2880 ZANKER ROAD | SAN JOSE | CA 95134 | U.S.A. |
+FAX + 1 408 433 9360
+PLACE OF REGISTERED OFFICE: DELAWARE | WWW.DIGIA.COM
+
+
+
+
+