StarBurn SDK 6.6.30

End User License Agreement for the StarBurn SDK (Software Development Kit)

This License is an evaluation copy of the StarBurn SDK (Software Development

Kit). If you have purchased a commercial license, the "STARBURN SOFTWARE

LICENSING AGREEMENT" applies.

BEFORE YOU USE THE SOFTWARE DISTRIBUTED WITH THIS LICENSE AGREEMENT, CAREFULLY

READ THE TERMS AND CONDITIONS OF THIS AGREEMENT. BY USING THE SOFTWARE, YOU ARE

End User License Agreement for the StarBurn SDK (Software Development Kit)

This License is an evaluation copy of the StarBurn SDK (Software Development

Kit). If you have purchased a commercial license, the "STARBURN SOFTWARE

LICENSING AGREEMENT" applies.

BEFORE YOU USE THE SOFTWARE DISTRIBUTED WITH THIS LICENSE AGREEMENT, CAREFULLY

READ THE TERMS AND CONDITIONS OF THIS AGREEMENT. BY USING THE SOFTWARE, YOU ARE

CONSENTING TO BE BOUND BY AND ARE BECOMING A PARTY TO THIS AGREEMENT. IF YOU DO

NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, DO NOT USE THE SOFTWARE AND

DESTROY ALL COPIES OF THE SOFTWARE FROM YOUR COMPUTER.

1. Rocket Division Software (the "Company") grants you (the "Customer")

a worlwide, non-exclusive, restricted right and license to use the

accompanying StarBurn SDK (Software Development Kit) libraries and sample

code (the "Software"), in binary executable form for evaluation and trial

use purposes only. The Software is formed of the StarBurn libraries and

sample source code.

2. The Software is licensed, not sold. The Software is protected by

copyright law and international copyright treaty provisions, as well as

other intellectual property laws and treaties. Customer must not allow

copies of the Software or any part of it to be made or distributed to

anyone else. Customer may make backup copies of the software for

archival purposes only.

3. The Software is licensed for use on a single computer. Customer

may delete the Software from one computer and reinstall it on another,

but Customer may not install the Software on more than one computer at

any given time without the Company's prior written permission.

4. The Software may not be rented, leased, or in any other manner

commercially exploited without the Company's prior written permission.

This License is personal to Customer and Customer agrees not to assign

your rights herein.

5. LIMITATION OF WARRANTY. THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES

ABOUT THE SUITABILITY OF THIS SOFTWARE OR ABOUT ANY CONTENT OR INFORMATION PLAYED

BY THE SOFTWARE, FOR ANY PURPOSE. THE SOFTWARE IS PROVIDED 'AS IS' WITHOUT EXPRESS

OR IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR

A PARTICULAR PURPOSE OR NONINFRINGEMENT. THE COMPANY MAY NOT SUPPORT THIS SOFTWARE

AND MAY NOT ISSUE UPDATES TO THIS SOFTWARE.

6. All video, audio, and other content accessed through the Software is

the property of the applicable content owner and may be protected by

applicable copyright law. This License gives Customer no rights to

such content, and Company disclaims any liability for misuse of

content.

7. While the Company intends to distribute a commercial release of the

Software, it reserves the right at any time not to release a commercial

release of the Software or, if released, to alter prices, features,

specifications, capabilities, functions, licensing terms, release

dates, general availability or other characteristics of the commercial

release.

8. Title, ownership rights, and intellectual property rights in and to

the Software shall remain in the Company and/or its suppliers.

Customer agrees to abide by the copyright law and all other applicable

laws of the United States including, but not limited to, export control

laws. Customer acknowledges that the Software remains proprietary and

confidential information and intellectual property of the Company

and/or its suppliers and therefore Customer agrees not to modify the

Software or attempt to decipher, decompile, disassemble or reverse

engineer the Software, except to the extent applicable laws

specifically prohibit such restriction. Reproduction and/or

redistribution of any portion of the Software is specifically

prohibited without the Company's prior written permission.

9. The Company may terminate this License at any time by delivering

notice to Customer and Customer may terminate this License at any time

by destroying or erasing Customer's copy of the Software. Upon

termination of this License, or in any event within thirty (30) days

following the execution of a commercial license between Customer and

the Company for the license of the Software, Customer agree to destroy

or erase this evaluation version of Software, unless otherwise provided

for in the commercial license. However, in case of termination,

Sections 5 through 10 of this Agreement shall indefinitely survive its

termination. This License shall be governed by and construed in

accordance with the laws of the State of California with exclusive

venue in courts located in the San Francisco County, California, and,

as to matters affecting copyrights, trademarks and patents, by U.S.

federal law. This License sets forth the entire agreement between the

Company and Customer.

10. DISCLAIMER OF LIABILITY. THE COMPANY OR ITS SUPPLIERS SHALL NOT BE LIABLE

FOR (a) DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR INDIRECT DAMAGES OF ANY

SORT WHATSOEVER, WHETHER ARISING IN TORT, CONTRACT OR OTHERWISE, (INCLUDING WITHOUT

LIMITATION DAMAGES FOR LOSS OF BUSINESS PROFITS, REVENUES, OR INFORMATION, OR FOR

BUSINESS INTERRUPTION) RESULTING FROM CUSTOMER'S USE OF THE SOFTWARE OR INABILITY TO

USE THE SOFTWARE, EVEN IF THE COMPANY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES,

OR (b) FOR ANY CLAIM BY ANY OTHER PARTY THAN CUSTOMER. THIS DISCLAIMER OF LIABILITY SHALL NOT

APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY WHERE THE APPLICABLE LAW PROHIBITS SUCH

LIMITATION. FURTHERMORE, SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL

OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO CUSTOMER.

11. 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"). The Company

and its suppliers specifically disclaim any express or implied warranty

of fitness for High Risk Activities.