MediaDex Professional (Win) 2.0

EULA - End User License Agreement

The accompanying computer software and other proprietary materials and the use thereof is subject to this End User License Agreement. BY DOWNLOADING, INSTALLING, OR USING THE SOFTWARE HEREIN, YOU (INCLUDING YOUR EMPLOYER AND ANY AFFILIATES AND ITS OR THEIR EMPLOYEES, CONTRACTORS AND AGENTS, "LICENSEE") ARE AGREEING TO BE BOUND BY AND ARE BECOMING A PARTY TO THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A BUSINESS, PARTNERSHIP OR OTHER ENTITY BE ADVISED THAT ONLY PERSONNEL AUTHORIZED TO SIGN FOR AND BIND SUCH ENTITY MAY ACCEPT THIS AGREEMENT. THE PROVISION OF THIS SOFTWARE IS EXPRESSLY CONDITIONED ON ACCEPTANCE OF THIS END USER LICENSE AGREEMENT. IF YOU DO NOT AGREE TO SUCH END USER LICENSE AGREEMENT, DO NOT DOWNLOAD THE SOFTWARE. This End User License Agreement (this "Agreement") is a legal agreement between MediaDex FZ-LLC ("MediaDex"), P.O. Box 500160, Dubai Internet City, Dubai, U.A.E., and Licensee. By downloading, installing, or using the software, Licensee hereby agrees to this Agreement with regard to the accompanying software product, together with any documentation provided therewith and any updates (if any) that may be provided by MediaDex to Licensee from time to time, at its sole discretion (collectively, the "Software"). 1. License. Subject to the terms and conditions of this Agreement, MediaDex hereby grants Licensee a non-exclusive, personal, non-sublicenseable, nontransferable, right (the "License") to install and execute the Software, in object code form only, solely in the manner described below in Sections 1.1 to 1.2 as applicable, and in accordance with the Software documentation provided by MediaDex. 1.1. Demo Version. Licensee may install and execute the demo version of the Software on one (1) computer owned and controlled by Licensee for a single evaluation period, not to exceed [thirty (30)] days, solely for Licensees own internal evaluation of the Software (the "Trial Period" (whether by court order, agreement or otherwise), whether or not such judgment or conditions contradict the conditions of this Agreement, including without limitation, ceasing the use or copying of the Software. Licensee may not use the Software for ASP (Application Service Providing) purposes without the prior consent of MediaDex. 3. Third-Party Rights. Licensee acknowledges that use of the Software requires use of the Java(tm)2 Runtime Environment ("J2RE") provided by Sun Microsystems, Inc., and that Licensees use of the J2RE is subject to the terms and conditions of the Binary Code License Agreement from Sun Microsystems, Inc., which is provided together with the Software. Please contact Sun Microsystems Inc., 4150 Network Circle, Santa Clara, California, 95054, with any questions. Licensee further acknowledges that certain components of the Software include software developed by the Apache Software Foundation, and that Licensees use of such components is subject to the terms and conditions of Apaches license. Please see www.apache.org for details. 4. Intellectual Property Rights. Except as expressly licensed herein, MediaDex and its licensors retain all right, title, and interest in and to the Software, all copies thereof, and all related documentation and materials. The Software is protected under national and international copyright, trademark, trade secret, and/or patent laws. The License granted herein does not constitute a sale of the Software or any portion or copy thereof. 5. Limited Warranty; Warranty Disclaimers; Limitation of Liability. 5.1. Demo Version. The demo version of the Software is provided "AS IS"ll not ship, transfer, or export the Software into any country, or make available or use the Software, in any manner prohibited by law.11. General Provisions. Neither this Agreement nor any right hereunder is assignable or transferable in whole or in part without the prior written consent of MediaDex; and any attempt to do so shall be void. Any notice, report, approval or consent required or permitted hereunder shall be in writing (including by way of e-mail) and will be deemed to have been duly given if mailed by international overnight express mail service; or, in the case of notices from MediaDex to Licensee, provided by e-mail. Such notices, reports, approvals or consents shall be sent to MediaDex FZ-LLC, P.O. Box 500160, Dubai Internet City, Dubai, U.A.E., in the case of MediaDex (or to such other address as MediaDex may designate by notice hereunder) and to the address (including e-mail address) provided to MediaDex by Licensee upon registration of the Software (or to such other address as Licensee may designate by notice hereunder) in case of Licensee. All notices, reports, approvals or consents sent to MediaDex must be marked: "Attention: Licensing Department."e mutual understanding of the parties and supersedes all previous written, oral, and other agreements and communications relating to the subject of this Agreement. MediaDex and Licensee are acting hereunder as independent contractors. Nothing contained herein shall be deemed or construed by the parties, nor by any third party, as creating a relationship of employer and employee, principal and agent, partnership, or joint venture. Each party recognizes that the warranty disclaimers and the liability and remedy limitations in this Agreement are material elements of this Agreement and they should be effective even when such warranty disclaimers and liability and remedy limitations would cause this Agreement to fail of its essential purpose.