FOREUI END USER LICENSE AGREEMENT Version 1.4, October 2010 THIS END-USER LICENSE AGREEMENT ("EULA") IS A LEGAL AGREEMENT BETWEEN YOU (EITHER AN INDIVIDUAL OR A SINGLE ENTITY) AND EASYNTH (EASYNTH SOLUTION INC. LTD, THE LICENSOR). THIS EULA GOVERNS YOUR USE OF THE EASYNTH FOREUI SOFTWARE TO YOU. "SOFTWARE" MEANS EASYNTH FOREUI AND ANY ACCOMPANYING UPDATE OR ELECTRONIC INFORMATION. BY DOWNLOADING, INSTALLING OR USING THE SOFTWARE YOU ACKNOWLEDGE THAT YOU HAVE READ THIS EULA AND THAT YOU AGREE TO BE BOUND BY ALL THE TERMS AND CONDITIONS OF THIS EULA. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS EULA, YOU ARE NOT AUTHORIZED TO USE THE SOFTWARE. 1. LICENSE Subject to the terms and conditions of this EULA, EASYNTH hereby grants to you a non exclusive, non transferable and non assignable license to use the software only as follows: (a) You can install and use the EaSynth ForeUI and its update versions. The evaluation version can work with all features for limited time. Once the evaluation version expired, the output ability of software will be disabled, then you need to purchase a license for the software, or apply for a trial extension, or you should remove it from your machine. (b) After you purchase the license, you will receive the license key via email, you need to input the license key in the software register dialog. If you buy the license for individual, the license is bound to user instead of machine, so you can use it on any machine you own; if you buy the license for organization, please make sure the number of simultaneous users will be equal or less than the user number assigned to the license. (c) You can make one copy of the software in machine-readable form solely for backup purposes, provided that the backup copy is not installed on any computer. You hereby understand and agree that EASYNTH may update or revise the software in its sole discretion, but has no obligation to furnish any corrective version to you and that EASYNTH shall in no event incur any liability in this respect. All rights not expressly granted to you in this EULA are reserved by EASYNTH and its suppliers. 2. OWNERSHIP - TRANSFER AND TRADEMARKS RESTRICTIONS The software is owned and copyrighted by EASYNTH or its third party suppliers. EASYNTH' third party suppliers may protect their rights in the event of any violation of these terms. You hereby acknowledge that all copies of the software, whether partial or complete, as well as all proprietary rights in and to the software, including without limitation, copyright, patent and trade secret rights, are and shall remain the sole property of EASYNTH or its third-party suppliers as the case may be. This EULA nor any part thereof, nor the software nor any portion thereof, nor any licenses or rights granted hereunder, may be distributed, sold, leased, assigned, sublicensed, given away, loaned or made available to any third party, in whole or in part, by telecommunication data transmissions or otherwise transferred, except if and as expressly specified in this EULA. You shall have no right to use, advertise, reproduce or distribute any name, trademark or trade name, whether registered, or not associated with or used in conjunction with the software, without EASYNTH's prior written consent. 3. RESTRICTIONS (a) You shall not use the software for any purposes other than the limited use specified in section 1 above. (b) You may not rent, lease, or lend the software. You may not market, distribute, transfer copies of the software to others or electronically transfer the software from one computer to another over a network except for software installations permitted under section 1 of this EULA. (c) You shall not modify, adapt, translate the software or create derivative works based on the software. (d) You shall not decompile, reverse engineer, disassemble or otherwise reduce the code of the software to a form perceivable to humans, recreate or generate any software or any portion or version thereof except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation, and in such event you shall provide EASYNTH immediate notification of such activities. (e) You shall not attempt any of the foregoing or aid, abet or permit others to do so; (f) You shall not provide your license serial number to others. (g) You hereby acknowledge and agree that EASYNTH may update, upgrade or revise the software and in so doing incurs no obligation to furnish any corrective version to you. 4. PAYMENTS Licensee shall pay EASYNTH the license fee on the date when licensee submitted the order form. All payments shall be made in U.S. dollars. Licensee shall be responsible for paying all local, state, federal and international sales, value added, excise and other taxes and duties payable in connection with this license, other than taxes based upon licensor's net income. Licensee shall not be permitted to activate the software before receiving the serial number sent by EASYNTH. 5. TERMINATION EASYNTH may terminate this license immediately if the licensee shall breach any of the provisions of this license and such breach remains uncured 15 days after receipt of notice. In the event that licensee becomes liquidated, dissolved, bankrupt or insolvent, whether voluntarily or involuntarily, or shall take any action to be so declared, EASYNTH shall have the right to terminate this license immediately. Upon expiration, cancellation or other termination of this license, licensee shall immediately: (a) Discontinue distribution of products that include the software; (b) Destroy all copies of the software, including (without limitation) as linked or compiled in any product. 6. SUPPORT AND MAINTENANCE In connection with the license granted hereunder, EASYNTH will provide licensee with the following at no additional charge: (a) Free technical support via online forum / emails. (b) Free upgrades for: All minor revisions of the software with the same major version. (e.g. All 2.xx versions have the same major version "2") AND One year since the licensee purchases the license. Remarks: If none of the conditions for free upgrade is satisfied, the licensee should pay certain fee if he/she wish to get another year's software upgrade. (c) Bug fixings for errors that render the software inoperative, those cause failure in a production environment. 7. LIMITED WARRANTY EASYNTH warrants that the software will perform substantially in accordance with its official description. EASYNTH does not warrant that the operation of the software will meet your requirements or operate free from error. EASYNTH assumes no responsibility for your negligence or failure to take appropriate measures to protect data from inadvertent modification, deletion, destruction or disclosure. EASYNTH does not warrant that the software will be resistant to all possible attacks and shall not incur, and isclaim, any liability in this respect. Security mechanisms' resistance necessarily evolves according to the state of the art in security and notably under the emergence of new attacks. To the maximum extent permissible by law, EASYNTH shall not be held liable for any third party actions and in particular in case of any successful attack against the software and systems or equipment incorporating the software. TO THE MAXIMUM EXTENT PERMISSIBLE BY LAW, AND EXCEPT AS EXPRESSLY PROVIDED FOR THEREIN, EASYNTH, ITS SUPPLIERS AND DISTRIBUTORS PROVIDE THE software AND (IF ANY) SUPPORT SERVICES RELATED TO THE software WITHOUT ANY EXPRESS WARRANTY, AND THE software AND SUPPORT SERVICES ARE PROVIDED "AS IS" AND "WITH ALL FAULTS" TO THE MAXIMUM EXTENT PERMISSIBLE BY LAW EASYNTH ISCLAIMS ALL OTHER WARRANTIES AND CONDITIONS EITHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. TO THE MAXIMUM EXTENT PERMISSIBLE BY LAW, NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY EASYNTH, ITS DEALERS, DISTRIBUTORS, AGENTS OR EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY AND YOU MAY NOT RELY ON ANY SUCH INFORMATION OR ADVICE. 8. LIMITED LIABILITY TO THE MAXIMUM EXTENT PERMISSIBLE BY LAW, EASYNTH SHALL NOT BE LIABLE FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOST BUSINESS PROFITS, LOSS OF GOODWILL, LOSS OF DATA, LOSS OF INFORMATION, BUSINESS INTERRUPTION, LOSS OF PRIVACY, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF THE USE OR INABILITY TO USE THE software EVEN IF EASYNTH OR ITS REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 9. PUBLICITY RIGHTS (a) The licensee grants EASYNTH the right to include the licensee as a customer in product promotional material. (b) Licensee can deny EASYNTH this right by submitting a written request via email to webmaster@easynth.com, requesting to be excluded from product promotional material. Confirmation of such denial (via reply email) must be received before product purchasing. (c) If the licensee already be included in product promotional material, as a result of any prior purchases where the licensee did not request exclusion from product promotional material, the licensee can submit a written request via email to webmaster@easynth.com at any time, to have EASYNTH remove the licensee's name from product promotional material. Upon receipt of such request, EASYNTH will remove any reference to the licensee from such promotional material within 10 days and make no further reference to the licensee. 10. JRE Java SE Runtime (JRE) is confidential copyrighted information of Sun Microsystems and title to all copies is retained by Sun Microsystems and/or its licensors. You shall not decompile, disassemble, decrypt, extract, or otherwise reverse engineer JDK. JDK may not be leased or assigned in whole or in part. JDK is not designed or intended for use in on-line control aircraft, air traffic, aircraft navigation or aircraft communications ; or in the design, construction, operation or maintenance of any nuclear facility. You warrant that you will not use or redistribute the JDK for such purposes. Java and all Java-based trademarks and logos are trademarks or registered trademarks of Sun Microsystems, Inc. in the United States and other countries. 11. ANT This software uses ANT. The ANT license can be found in http://www.apache.org/licenses/LICENSE-1.1 12. LOG4J This software uses LOG4J. The LOG4J license can be found in http://www.apache.org/licenses/LICENSE-1.1 13. Icons This software uses some icons provided by third party suppliers, they are: http://www.famfamfam.com/lab/icons/silk http://www.ineversay.com http://www.icojoy.com http://www.kombine.net Thanks to these great icon artists for giving us the permission to include some of their icons. 14. iText This software uses iText library. The iText license can be found in http://www.1t3xt.com/about/copyright/index.php?page=lgpl 15. Velocity This software uses Velocity. The Velocity license can be found in http://www.apache.org/licenses/LICENSE-2.0 16. KimSoft-jscalendar This software integrates KimSoft-jscalendar. The KimSoft-jscalendar license can be found in http://www.apache.org/licenses/LICENSE-2.0 17. Redstone XML-RPC Library This software uses Redstone XML-RPC Library, which is licensed under LGPL 2.1. LGPL 2.1 can be found in http://www.gnu.org/licenses/lgpl-2.1.html THE LICENSED SOFTWARE IS PROTECTED BY COPYRIGHT LAW AND INTERNATIONAL TREATY. UNAUTHORIZED REPRODUCTION OR DISTRIBUTION IS SUBJECT TO CIVIL AND CRIMINAL PENALTIES. Copyright 2007-2010, EASYNTH SOLUTION INC. LTD. All Rights Reserved.