JinsTech, LLC. Software License Agreement

Software License Agreement

PLEASE READ THIS SOFTWARE LICENSE AGREEMENT CAREFULLY BEFORE DOWNLOADING OR USING THE SOFTWARE.

BY CLICKING ON THE "ACCEPT" BUTTON, DOWNLOADING THE SOFTWARE, OR USING THE EQUIPMENT THAT CONTAINS THIS SOFTWARE, YOU ARE CONSENTING TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, DO NOT DOWNLOAD OR USE THE SOFTWARE. CLICK THE "DO NOT ACCEPT" BUTTON.

Single User License Grant. JinsTech, LLC. ("JinsTech") and its suppliers grant to Customer ("Customer") a nonexclusive and nontransferable license to use the JinsTech software provided or made available by JinsTech to Customer ("Software") in object code form solely on a single hardware chassis or a single central processing unit, as applicable, owned or leased by Customer or otherwise embedded in equipment provided by JinsTech. The term "Software" also includes any upgrades, updates, bug fixes, modified versions, and copies of the Software licensed or provided to Customer by JinsTech.

Multiple-Users License Grant. If Customer has purchased a multi-user license from JinsTech, JinsTech and its suppliers grant to Customer a nonexclusive and nontransferable license to use the Software in object code form in ONLY ONE of the following manners:

0. make copies of the Software up to the number of copies for which Customer has paid JinsTech a license fee and which number is specified on the master copy of the Software provided or made available by JinsTech to Customer; or



1. make copies of the Software up to the number of copies for which Customer has paid JinsTech a license fee and for which Customer has received a product authorization key; or



2. installed in a single location on a hard disk or other storage device of up to the number of computers owned or leased by Customer or the number of simultaneous users for which Customer has paid a license fee ("Permitted Number of Computers" or "Permitted Number of Users", as applicable); or



3. provided the Software is configured for network use, installed on a single file server for use on a single local area network for either (but not both) of the following purposes: (a) permanent installation onto a hard disk or other storage device of up to the Permitted Number of Computers or Permitted Number of Users, as applicable; or (b) use of the Software over such network, provided the number of computers or users connected to the server does not exceed the Permitted Number of Computers or Permitted Number of Users, as applicable.

Customer grants to JinsTech or its independent accountants the right to examine its books, records and accounts during Customer's normal business hours to verify compliance with this Agreement. In the event such audit discloses non-compliance with this Agreement, Customer shall promptly pay to JinsTech the appropriate licensee fees. At JinsTech's option, JinsTech may terminate this license for failure to comply with this Agreement.

Customer agrees to maintain and reproduce all copyright and other proprietary notices on all copies, in any form, of the Software in the same form and manner that such copyright and other proprietary notices are included on the Software.

Except as expressly authorized in this Agreement, Customer shall not make any copies or duplicates or any Software without the prior written permission of JinsTech. Customer may make such back-up copy or copies of the Software as may be necessary for Customer's lawful use, provided Customer affixes to such copies all copyright, confidentiality, and proprietary notices that appear on the original.

Customer agrees, except as otherwise expressly authorized hereunder, not to:

0. remove any product identification or notices of any proprietary or copyright restrictions from the Software;



1. make error corrections to or otherwise modify or adapt the Software nor create derivative works based upon the Software, or to permit third parties to do the same; or



2. copy, in whole or in part, decompile, reverse engineer, disassemble or otherwise reduce the Software to human-readable form.

To the extent required by law, at Customer's request, JinsTech shall provide Customer with the interface information needed to achieve interoperability between the Software and another independently created program, on payment of JinsTech's applicable fee. Customer shall observe strict obligations of confidentiality with respect to such information.

Customer agrees that aspects of the licensed materials, including the specific design and structure of individual programs, constitute trade secrets and/or copyrighted material of JinsTech. Customer shall not disclose, provide, or otherwise make available such trade secrets or copyrighted material in any form to any third party without the prior written consent of JinsTech. Customer shall implement reasonable security measures to protect such trade secrets and copyrighted material. Title to Software and documentation shall remain solely with JinsTech.

Limited Warranty. JinsTech warrants that for a period of ninety (90) days from the date of shipment from JinsTech: (i) the media on which the Software is furnished will be free of defects in materials and workmanship under normal use; and (ii) the Software substantially conforms to its published specifications. Except as expressly granted in this Agreement, the Software is provided AS IS. This limited warranty extends only to Customer as the original licensee. Customer's sole and exclusive remedy and the entire liability of JinsTech and its suppliers under this limited warranty will be, at JinsTech or its service center's option, repair, replacement, or refund of the Software if reported (or, upon request, returned) to the party supplying the Software to Customer. In no event does JinsTech warrant that the Software is error free or that Customer will be able to operate the Software without problems or interruptions.

This warranty does not apply if the Software (a) has been altered, except by JinsTech, (b) has not been installed, operated, repaired, or maintained in accordance with instructions supplied by JinsTech, (c) has been subjected to abnormal physical or electrical stress, misuse, negligence, or accident, or (d) is used in ultrahazardous activities.

This warranty does not apply if the Software is licensed for beta, evaluation, testing or demonstration purposes for which JinsTech does not receive a license fee.

Disclaimer. EXCEPT AS SPECIFIED IN THIS WARRANTY, ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, SATISFACTORY QUALITY OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE, ARE HEREBY EXCLUDED TO THE EXTENT ALLOWED BY APPLICABLE LAW.

IN NO EVENT WILL JinsTech OR ITS SUPPLIERS BE LIABLE FOR ANY LOST REVENUE, PROFIT, OR DATA, OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE EVEN IF JinsTech OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In no event shall JinsTech's or its suppliers' liability to Customer, whether in contract, tort (including negligence), or otherwise, exceed the price paid by Customer. The foregoing limitations shall apply even if the above-stated warranty fails of its essential purpose. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW LIMITATION OR EXCLUSION OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

This Agreement is effective until terminated. Customer may terminate this Agreement at any time by destroying all copies of Software including any documentation. This Agreement will terminate immediately without notice from JinsTech if Customer fails to comply with any provision of this Agreement. Upon termination, Customer must destroy all copies of Software in its possession or control.

Software, including technical data, is subject to U.S. export control laws, including the U.S. Export Administration Act and its associated regulations, and may be subject to export or import regulations in other countries. Customer agrees to comply strictly with all such regulations and acknowledges that it has the responsibility to obtain licenses to export, re-export, or import Software.

This Agreement shall be governed by and construed in accordance with the laws of the State of California, United States of America, as if performed wholly within the state and without giving effect to the principles of conflict of law. If any portion hereof is found to be void or unenforceable, the remaining provisions of this Agreement shall remain in full force and effect. This Agreement constitutes the entire agreement between the parties with respect to the use of the Software.