IMPORTANT-READ CAREFULLY: This Evaluation License Agreement ("Evaluation
License") is a legal agreement between you (either an individual or a
single entity) and Samizdat Productions ("Samizdat") for the JConfig SDK
2.1.1, which includes computer software, electronic documentation, and
support files (the "Software"). BEFORE YOU CLICK ON THE "I ACCEPT" BUTTON
AT THE END OF THIS DOCUMENT, CAREFULLY READ THE TERMS AND CONDITIONS OF
THIS EVALUATION LICENSE. BY CLICKING ON THE "I ACCEPT" BUTTON AND/OR BY
DOWNLOADING, INSTALLING, COPYING, OR OTHERWISE USING THE SOFTWARE, YOU ARE
CONSENTING TO BE BOUND BY AND ARE BECOMING A PARTY TO THIS EVALUATION
LICENSE. IF YOU DO NOT AGREE TO THE TERMS OF THIS EVALUATION LICENSE, DO
NOT DOWNLOAD, INSTALL, COPY OR USE THE SOFTWARE. 

1. GRANT OF LICENSE: Subject to the terms below, you are hereby licensed to
use this software for evaluation purposes without charge for a period of 30
days from the day you download or install the Software. If you use the
Software after the 30 day evaluation period, you are required to obtain a
Developer License. See http://www.tolstoy.com/samizdat/jcdev_FAQ.html for
details on the Developer License. 

2. YOU MAY: You may only use the Software on a single computer, and the
Software may only be used by a single user at a time. The Software is "in
use" on a computer when it is loaded into the temporary memory (e.g. RAM)
or installed into the permanent memory (e.g. hard disk, CD-ROM, or other
storage device) of that computer. The Software is provided for evaluation
purposes only. 

3. YOU MAY NOT: You may not make copies of the software, duplicate it, or
distribute it in whole or in part by any means whatsoever. You may not
rent, lease, assign or transfer the Software or modify the Software or
merge all or any part of the Software in another program. You may not use
the Software for any productive purpose, whether commercial or not, unless
you first obtain a Developer License. See
http://www.tolstoy.com/samizdat/jcdev_FAQ.html. 

4. COPYRIGHT AND OWNERSHIP: The Software is owned by Samizdat, its
subsidiaries or their suppliers and is protected by copyright laws and
international treaty provisions. You acquire only the non-exclusive right
to use the Software as permitted by this Evaluation License, and do not
acquire any rights of ownership in the Software. 

5. TERM OF LICENSE: This Evaluation License shall continue for a period of
thirty (30) days from the date of your first download or installation of
the Software. However, it will terminate if you fail to comply with any of
its terms or conditions. Unless you have obtained a Developer License, you
agree, upon termination of this Evaluation License, to destroy all copies
of the Software. The Limitations of Warranties and Liability set out below
shall continue in force even after any termination. 

6. CONFIDENTIAL INFORMATION: You agree to take all steps necessary to
maintain and preserve the proprietary and confidential nature of the
Software and the trade secrets contained therein. The Software shall be
considered Confidential Information and as the recipient of Confidential
Information you agree to the following provisions:
    (a) You will not disclose Confidential Information to any third party,
nor use the same for any purpose other than as set forth in this Evaluation
License.
    (b) You will use the same degree of care you use to protect your own
confidential information but in no event less than reasonable care to
prevent unauthorized use, dissemination or publication of Confidential
Information.
    (c) You may disclose Confidential Information to your employees or
contractors provided that they have executed and delivered to you a
confidentiality or other non-disclosure agreement containing terms and
conditions substantially similar to those stated in this paragraph. You
agree to promptly notify Samizdat of any unauthorized disclosure of
Confidential Information.
    (d) This Evaluation License imposes no obligation on you regarding
Confidential Information which: (i) was in your possession, or known by you
without an obligation to maintain confidentially prior to your receipt of
Confidential Information, (ii) is or becomes generally known to the public
without violation of this Evaluation License, (iii) is obtained by you from
a third party, without an obligation to keep such information confidential,
or (iv) is independently developed by you without use of the Confidential
Information.
    (e) Disclosure of Confidential Information will not be prohibited, if
you give Samizdat prior notice and such disclosure is (i) compelled
pursuant to a legal, judicial, or administrative proceeding, or (ii)
otherwise required by law. 

7. LIMITATION OF WARRANTIES AND LIABILITY: The Software is provided on an
"as is" basis, without any other warranties, or conditions, express or
implied, including but not limited to warranties of merchantable quality,
merchantability or fitness for a particular purpose, or those arising by
law, statute, usage of trade or course of dealing. The entire risk as to
the results and performance of the Software is assumed by you. Neither
Samizdat nor our dealers or suppliers shall have any liability to you or
any other person or entity for any indirect, incidental, special or
consequential damages whatsoever, including but not limited to loss of
revenue or profit, lost or damaged data or other commercial or economic
loss, even if Samizdat has been advised of the possibility of such damages
or they are foreseeable; or for claims by a third party. Our maximum
aggregate liability to you, and that of our dealers and suppliers shall not
exceed the amount paid by you for the Software. The limitations in this
section shall apply whether or not the alleged breach or default is a
breach of a fundamental condition or term, or a fundamental breach. Some
states/countries do not allow the exclusion or limitation of liability for
consequential or incidental damages so the above limitation may not apply
to you. 

8. INJUNCTIVE RELIEF: You acknowledge and agree that unauthorized use or
disclosure of Samizdat's trade secrets or Confidential Information (as
defined in Paragraph 6) or use of the Software in breach of this Evaluation
License is likely to cause Samizdat harm for which damages may not be an
adequate remedy. Accordingly, Samizdat shall be entitled to preliminary and
permanent injunctive relief and other equitable relief for any breach of
this Evaluation License, without prejudice to any other right or remedy to
which Samizdat may be entitled. The parties agree that in the event of a
breach or threatened breach of this Evaluation License, that immediate
injunctive relief shall be appropriate. The parties agree that Samizdat
shall be released from any requirement to post any bond, cash or security
as a condition of obtaining injunctive relief, to the extent permitted by
law. 

9. CONTROLLING LAW AND SEVERABILITY: This Evaluation License shall be
governed by and construed in accordance with the laws of the United States
and the State of California, as applied to agreements entered into and to
be performed entirely within California between California residents,
without giving effect to any principles of conflicts of law. If for any
reason a court of competent jurisdiction finds any provision of this
Evaluation License, or portion thereof, to be unenforceable, that provision
of the Evaluation License shall be enforced to the maximum extent
permissible so as to effect the intent of the parties, and the remainder of
this Evaluation License shall continue in full force and effect. This
Evaluation License shall not be governed by the United Nations Convention
on Contracts for the International Sale of Goods and its application is
expressly excluded. 

10. JURISDICTION AND VENUE: You expressly agree that jurisdiction and venue
for any dispute arising from this Evaluation License or relating to the
Software shall be brought exclusively in the county, state, or federal
courts located in Los Angeles County, California. You expressly consent and
submit to the personal jurisdiction of such courts and expressly waive any
venue, jurisidictional, or inconvenient forum objections to such courts.
The prevailing party in any litigation or proceedings between the parties
arising from this Evaluation License shall be entitled to recover, in
addition to any other relief awarded, its reasonable costs and expenses
(including fees and expenses for attorneys and expert witnesses), court
costs and collection costs incurred in the proceeding. The failure of
either party to enforce any rights granted by this Evaluation License or to
take action against the other party in the event of any breach of this
Evaluation License shall not be deemed a waiver by that party of its right
to enforce such rights in the future. You expressly agree to indemnify and
hold harmless Samizdat (and its agents, affiliates, dealers, distributors,
employees, licensors, subsidiaries, and suppliers) against any and all
claims, damages, costs or expenses that arise directly or indirectly out of
or from your breach of this Evaluation License or your use or operation of
the Software. 

11. RESTRICTED RIGHTS: If the Software is acquired by or for the U.S.
Government then it is provided with Restricted Rights. Use, duplication, or
disclosure by the U.S. Government is subject to restrictions as set forth
in subparagraph (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,
or clause 18-52.227-86(d) of the NASA Supplement to the FAR, as applicable.
Contractor/manufacturer is Samizdat Productions 4470 Sunset Blvd. #377
Hollywood, CA 90027. 

12. ENTIRE AGREEMENT: This Evaluation License is the entire agreement
between us, supersedes any other agreement or discussions, oral or written
and may not be changed except by a written signed agreement. 
