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APOLLO END-USER LICENSE AGREEMENT (EULA)

APOLLO LICENSE AND SUPPORT AGREEMENT THIS IS A LEGAL BINDING AGREEMENT. PLEASE READ IT CAREFULLY. YOU AGREE TO BE BOUND BY THE TERMS OF THIS EULA BY INSTALLING, COPYING, OR OTHERWISE USING THE PRODUCT. IF YOU DO NOT AGREE, DO NOT INSTALL OR USE THE PRODUCT; YOU MAY RETURN IT TO YOUR PLACE OF PURCHASE FOR A FULL REFUND.

This End-User License Agreement ("EULA") pertains to all software ("Software") developed and sold by Vista Software made available by electronic download, in any package containing CD-ROMs, diskettes, associated media, printed materials or electronic documentation. Read the terms and conditions of this EULA before installing, copying, or otherwise using Software. This EULA is a legal agreement between you, either individual or entity, ("Customer" or "you"), and Vista Software, a California corporation ("Vista"). By clicking "I agree," installing, copying, or otherwise using any part of the Software or any associated media, any printed materials, or any on-line or electronic documentation, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, promptly return the Software to your supplier for a full refund.

1. DEFINITIONS

Software shall be defined as the computer program electronically obtained and/or contained in the disks or CD ROMs in this package, together with any updates subsequently provided by Vista. Server Software shall be defined specifically as Software that is accessed or connected to by other Software via TCP/IP or other transport protocols. Server Software includes but is not limited to, Apollo Server. Documentation shall be defined as all printed materials provided in this package or later supplied by Vista. Media shall be defined as computer diskettes, CD ROMs and any other such magnetic media containing Software. Service shall be defined as any technical or non-technical service provided by Vista, including but not limited to providing technical support in person, by telephone, or via any form of electronic correspondence. Copies shall be defined as actual copies of all or any portion of Software and shall include updates and backups of Software. Licensee shall be defined as person, corporation or entity that has purchased Software or Service Developed Software shall be defined as software programs applications or web services developed using, and/or containing, and/or distributed with, Software by Licensee. User shall be defined as any person that creates Developed Software.

2. LICENSE

Vista agrees to grant the User a non-exclusive and non-transferable license to use the Software sold to Licensee for an unlimited duration. The rights granted herein are limited to use of the Software, Software Copies and Documentation as defined within this EULA. All rights not specifically granted in this EULA are reserved by Vista. The Software is protected by copyright and other intellectual property laws and treaties. Vista or its suppliers own the title, copyright, and other intellectual property rights in the Product. The Software is licensed, not sold.

3. PERMITTED USES

The Licensee may use the Software in the following ways: load the Software into RAM and use it on any number of computers, devices, work stations or terminals owned and operated by the individual Licesee; install the Software onto a permanent storage device - a hard or fixed disk drive; make copies of the Software for backup purposes only and the Licensee must keep possession of them at all times.
3.1 Non-Personal Editions of Software
The Licensee may freely distribute Developed Software, however, no portion of the Software source code in whole or in part, nor decompiled Software, nor documentation, may be redistributed without prior written consent from Vista, as outlined under Section 5: Deployment and Distribution.
3.1 Personal Editions of Software
You may allow a reasonable number of additional individuals within your organization to install Developed Software solely for the purpose of testing or publicly demonstrating Developed Software. You do not need to acquire a separate license for each individual that uses Developed Software for testing or demonstration purposes.

4. PROHIBITED USES

Licensee may not: share the Software on any computer network including a local area network (LAN), Intranet or Internet; distribute copies of Software or Documentation; under any circumstances attempt to rewrite, decompile, disassemble or reverse-engineer any of the Software or Software Copies; reproduce, transfer, transcribe, store in a retrieval system or translate into any language the Documentation in any form by any means without the written consent Vista. You may not disclose the results of any benchmark test related to data access or data manipulation using Software to any third party, including but not limited to posting results on the web, without Vista's prior written approval.
4.1 Non-Personal Editions of Software
Licensee may not: distribute Software source code in whole or in part without acquiring additional licenses for non-Personal Editions of Software for each copy of Developed Software distributed.
4.1 Personal and Trial uation Editions of Software
Licensee may not develop or create applications or web services in whole or in part, for commercial, shareware, freeware or government use.

5. DEPLOYMENT AND DISTRIBUTION

5.1 Non-Personal Editions of Software
Developed Software designed for use by non-programmers that includes non-Personal Editions of Software binary files only may be freely distributed and require no additional licensing. Distribution of Developed Software that includes Software source code in whole or in part, requires each end-user of Developed Software own a copy of Software. Users of Developed Software may not re-distribute Software without owning a non-Personal Edition license of Software. Developed Software running on .NET developed using the C# programming language that is designed in whole or in part for use by programmers, may not distribute the Apollo.Provider.DLL.

5.1 Personal and Trial Editions of Software
Personal and Trial Editions of Software are intended for personal use only and Developed Software using Personal or Trial Editions of Software may not be distributed, or hosted on web servers not owned directly by User. Distributing Personal Editions of Software binaries or source code in whole or in part, for purposes other than limited demonstration or testing, requires User to own license of non-Personal Edition of Software and then abide by sections of this EULA marked as Non-Personal Editions of Software.

6. NON COMPETE

Licensee may not use Software to create products, technologies, software applications, web services in whole or in part, that directly compete with any Vista product or technology. Competes is defined as creating or distributing software or services that provide similar or same functionality as any Software or technology developed by Vista. Vista reserves the right to revoke all rights and license privileges of Licensee immediately upon any such infringement. Upon notice of infringement, Licensee agrees to immediately destroy all copies of Software and remove Software and references to Software from all products, technologies and software applications.

7. SERVER SOFTWARE

Server Software may be used by Licensee and by Licensee applications and software only. Re-distribution and/or use of Server Software by anyone other than Licensee or by any software other than wholly-owned Licensee software and applications, is absolutely forbidden. Forbidden uses include but are not limited to, distributing any form of software that connects to Server Software that is not owned by Licensee. Remedy includes but is not limited to, Licensee purchasing one license of Server Software directly from Vista for each infringement within 24 hours of notice based on current pricing listed on the Apollo or Vista Software website.

Single Deployment Licence (SDL) edition of Server allows up to two (2) deployments of the Server by Licensee. Unulimited Deployment License (UDL) edition of Server allows unlimited deployments of the Server by Licensee only. Free 2-User edition of Server may be freely deployed by Licensee.

8. SUPPORT

Vista reserves the right to terminate customer support plans without cause and without warning. Support plans are sold on an as-is basis and all sales are final and non-refundable. Purchasing a support plan does not guarantee Software fixes and/or updates. Abuse of support privileges, including, but not limited to, frequent contact, frivolous contact, rude behavior and/or customer incompetence, harassment, failure to follow instructions, may result in the immediate termination of support plans without refund.

9. UPDATES AND REVISIONS

Vista reserves the right to modify, and/or enhance Software and/or Documentation without obligation to notify any person or organization of such changes.

10. LIMITED WARRANTY

All Software and Service Plans are sold on an "as is" basis. Vista will not grant refunds of any kind for any reason after purchase. Vista's entire liability and your exclusive remedy shall be replacement of any defective Media provided a copy of your dated receipt or invoice is submitted to Vista. The remedy includes provisions to grant access to download Software from the Internet if the Internet was the only form of Software distribution by Vista to the Licensee for a period of 1 (one) year from the date of purchase. Vista shall not be liable to the Licensee or any other person for any special, consequential, indirect or other similar damages or claims including loss of profits or any other commercial damage caused or imaged to have been caused directly or indirectly by the use of the Software. Vista specifically disclaims all other warranties, expressed or implied. Vista makes no representations or warranties with respect to the merchantability or fitness of Software for any particular purpose, business or application. Implied warranties of merchantability are expressly and specifically disclaimed. In no event shall Vista have liability for damages to you or any other person exceed the price paid for the license to use the Software regardless of the form of any claim.

11. LIMITATIONS

This license grants the User limited rights to use the Software, Software Copies and Documentation as expressly provided in this License. Vista retains title to all the Software, Software Copies and Documentation. The Licensee agrees to protect the Software, Software Copies and Documentation from unauthorized publication, use, reproduction or distribution.

12. TERM

This License is effective from the date you receive the Software and/or Copies of the Software and/or Documentation, and continues until you destroy the entire contents of this package and any Software Copies. This license will terminate if the Licensee fails to comply with any term or condition of this EULA. Upon such breach, Vista reserves the right to terminate the license and seek any remedies which may be available to the company. Upon notice of termination, the Licensee will be required to return all copies of the Software and Documentation to Vista and is required to recall all Developed Software immediately and remove Software from Developed Software contents and/or packaging. In these circumstances, the Licensee will not be entitled to a refund of amount paid for the License to use the Software and Documentation, nor will Licensee be entitled to reimbursement of any costs associated with recalling Developed Software.

13. APPLICABLE LAW

This EULA is governed by the laws of the State of California.

14. ENTIRE AGREEMENT

You acknowledge that you have read this EULA, understand it and agree to be bound by its terms and conditions. Furthermore, you agree that this is the complete and exclusive statement of agreement between us and supersedes all prior agreements, verbal or written, any proposals and other communications between us relating to the subject matter in this EULA.

END OF AGREEMENT.

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