JGraph General License JGRAPH GENERAL LICENSE STATEMENT AND LIMITED WARRANTY IMPORTANT - READ CAREFULLY This license statement and limited warranty constitutes a legal agreement ("License Agreement") between you (either as an individual or a single entity) and JGraph Ltd. for the software product ("Software") identified above, including any software, media, and accompanying on-line or printed documentation. BY INSTALLING, COPYING, OR OTHERWISE USING THE SOFTWARE, YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THE LICENSE AGREEMENT. Upon your acceptance of the terms and conditions of the License Agreement, JGraph Ltd. grants you the right to use the Software in the manner provided below. This Software is owned by JGraph Ltd. and is protected by copyright law and international copyright treaty. Therefore, you must treat this Software like any other copyrighted material (e.g., a book), except that you may either make one copy of the Software solely for backup or archival purposes or transfer the Software to a single hard disk provided you keep the original solely for backup or archival purposes. You may transfer the Software and documentation on a permanent basis provided you retain no copies and the recipient agrees to the terms of the License Agreement. Except as provided in the License Agreement, you may not transfer, rent, lease, lend, copy, modify, translate, sublicense, time-share or electronically transmit or receive the Software, media or documentation. If you are not in receipt of the source code of the Software, you acknowledge that the Software is a confidential trade secret of JGraph Ltd. and therefore you agree not to reverse engineer, decompile, or disassemble the Software. ADDITIONAL LICENSE TERMS FOR SOFTWARE JGraph Ltd. grants to you as an individual, a personal, nonexclusive license to install and use the Software for the sole purposes of designing, developing, testing, and deploying application programs which you create. You may install copies of the Software on computers in a manner consistent with the type of license purchased. A Single Developer License may be installed on a computer and be freely moved from one computer to another, providing that you have purchased a number of Single Developer Licenses equivalent to the maximum possible number of developers using that Software concurrently. A Site Developer License may be installed on any number of computers and be used by any number of developers at any time at one geographical location. A geographical location is defined as a building or site occupied by the employees of one company or organization. If you are an entity, JGraph Ltd. grants you the right to designate one individual within your organization ("Named User") to have the right to use the Software in the manner provided above, in the case of the Single Developer License. GENERAL TERMS THAT APPLY TO COMPILED PROGRAMS AND REDISTRIBUTION You may write and compile (including byte-code compile) your own application programs using the Software, including any libraries and source code included for such purpose with the Software. You may reproduce and distribute, in executable form only, programs which you create using the Software and accompanying Software libraries without additional license or fees, subject to all of the conditions in this License Agreement. ADDITIONAL REDISTRIBUTION TERMS FOR SOFTWARE You may not distribute any program or file which includes, is created from, or otherwise incorporates portions of the Software if such program or file is a general purpose development tool, library, and/or component, or is otherwise generally competitive with or a substitute for any JGraph Ltd. product. SOURCE CODE In addition to the license and rights granted, JGraph Ltd. grants you the right to use and modify the SOFTWARE source provided you purchased source code. You may not distribute the SOFTWARE source code, or any modified version or derivative work of the SOFTWARE source code, in source code form. The source code contained herein and in related files is provided to the registered developer for the purposes of education and troubleshooting. Under no circumstances may any portion of the source code be distributed, disclosed or otherwise made available to any third party without the express written consent of JGraph Ltd. Under no circumstances may the source code be used in whole or in part, as the basis for creating a product that provides the same, or substantially the same, functionality as any JGraph Ltd. product. The registered developer acknowledges that this source code contains valuable and proprietary trade secrets of JGraph Ltd. The registered developer agrees to expend every effort to insure its confidentiality. SOURCE CODE IS SOLD AS IS. JGRAPH LTD. DOES NOT PROVIDE ANY TECHNICAL SUPPORT FOR SOURCE CODE. MARKETING JGraph Ltd is permitted to reference you as a user of the Software in customer lists on the JGraph web-site, in presentations to clients and at trade events. LIMITED WARRANTY JGraph Ltd. warrants that the Software, as updated and when properly used, will perform substantially in accordance with the accompanying documentation, and the Software media will be free from defects in materials and workmanship, for a period of ninety (90) days from the date of receipt. Any implied warranties on the Software are limited to ninety (90) days. Some states/jurisdictions do not allow limitations on duration of an implied warranty, so the above limitation may not apply to you. This Limited Warranty is void if failure of the Software has resulted from accident, abuse, or misapplication. Any replacement Software will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, JGRAPH LTD. AND ITS SUPPLIERS DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, WITH REGARD TO THE SOFTWARE, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION. LIMITATION OF LIABILITY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL JGRAPH LTD. OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE PRODUCT OR THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IF JGRAPH LTD. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. HIGH RISK ACTIVITIES The Software is not fault-tolerant and is not designed, manufactured or intended for use or resale as on-line control equipment in hazardous environments requiring fail-safe performance, such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines, or weapons systems, in which the failure of the Software could lead directly to death, personal injury, or severe physical or environmental damage ("High Risk Activities"). JGraph Ltd. and its suppliers specifically disclaim any express or implied warranty of fitness for High Risk Activities. GENERAL PROVISIONS This License Agreement may only be modified in writing signed by you and JGraph Ltd. If any provision of this License Agreement is found void or unenforceable, the remainder will remain valid and enforceable according to its terms. If any remedy provided is determined to have failed for its essential purpose, all limitations of liability and exclusions of damages set forth in the Limited Warranty shall remain in effect. GOVERNING LAW AND JURISDICTION This Agreement shall be subject to and governed by the _Law of England and Wales_. Any dispute arising out of or in connection with this Agreement shall be exclusively dealt with by the courts of England and Wales. This License Agreement gives you specific legal rights; you may have others which vary from state to state and from country to country. JGraph Ltd. reserves all rights not specifically granted in this License Agreement.