ActMask Corporation

SINGLE SITE LICENSE AGREEMENT
MULTI SITE LICENSE AGREEMENT
END USER LICENSE AGREEMENT
DEVELOPMENT LICENSE AGREEMENT

NOTICE TO USER:

THIS IS A CONTRACT. BY INSTALLING THIS SOFTWARE YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT.
This ActMask Corporation ("ActMask") End User License Agreement (EULA) accompanies all ActMask products and related explanatory materials ("SOFTWARE"). The term "SOFTWARE" shall also include any upgrades, modified versions or updates of the Software licensed to you by ActMask. Please read this License Agreement carefully. If you are reading this prior to electronic distribution, you will be asked to accept this agreement and continue to install or, if you wish to decline this agreement, in which case you will not be able to use the Software.

The SOFTWARE is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The SOFTWARE is licensed, not sold.

1. DEFINITIONS

SERVER - A single computer wholly owned, rented or leased by a single individual or entity on which one or more applications load and execute SOFTWARE in the memory space of that computer so that one or more users may access it.

DESKTOP RUNTIME APPLICATION - A computer program that loads and executes SOFTWARE in the space of multiple machines so that a single user per machine may access it. This computer program can be redistributed to others within a single organization.

SINGLE SITE - Single geographic location; or multiple sites within one city that are part of a single organizational unit administered centrally.

MULTI SITE - Organization with independently administered multiple locations within one city; or an organization in more than one city, state, or country, with administration of this license being done centrally on behalf of all locations.

DEVELOPMENT - The act of programming a tool or application that interacts with SOFTWARE, A development computer is a single computer workstation run by licensee. For the development license the total number of users is taken into account. A purchased development license may be transferred to another developer if no two development computers are driven concurrently under the same license agreement.

2. GRANT OF LICENSE : Upon issuance of a valid SERIAL NUMBER (for SERVER and VIRTUAL SERVER LICENSES) by ActMask to you, this License Agreement grants you the following rights:

a. SOFTWARE PRODUCT : ActMask grants to you as an individual, a non-transferable, nonexclusive license to use the SOFTWARE PRODUCT as follows:

IF YOU PURCHASED A SINGLE / MULTI SITE LICENSE - Usage is restricted to a company or/and a corporation or/and an enterprise or/and an organization. Unlimited number of computers of/within this site including both desktops and notebooks are allowed to install the SOFTWARE PRODUCT.

IF YOU PURCHASED A DEVELOPMENT LICENSE OR A DEVELOPER BUNDLE. (SALES AND GRANT OF DEVELOPER LICENSES ARE AT ActMask'S DISCRETION AND ALWAYS REQUIRE THE PURCHASE OR EXISTENCE OF VALID PRODUCTION LICENSES) - You are hereby granted the right for development use only for the license or licenses purchased as development licenses. You may not resell, transfer, rent, or lease the SOFTWARE. You agree not to modify, adapt, translate, reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code of the Software. You may not alter or modify in any way the installer for the Software, or create a new installer for the Software. You also agree to hold in the strictest confidentiality any and all code given to you by ActMask to enable your application.

IF YOU PURCHASED A SERVER LICENSE - Usage is restricted to a single SERVER for a single individual or entity. All SERVERS that use this product must be licensed.

IF YOU PURCHASED A DESKTOP RUNTIME APPLICATION LICENSE - You are hereby permitted to load and execute the SOFTWARE PRODUCT on a single computer only. All other computers used must have a separate LICENSE. You also agree to hold in the strictest confidentiality any and all runtime codes given to you by ActMask to enable your application.

NETWORK STORAGE/USE - You may also store or install a copy of the SOFTWARE PRODUCT on a storage device, such as a network server, used only to install or run the SOFTWARE PRODUCT on your other computers over an internal network; however, you must acquire and dedicate a license for each separate computer on which the SOFTWARE PRODUCT is installed or run from the storage device.
CONCURRENT USE - A license for the SOFTWARE PRODUCT may not be used concurrently on different computers, however, this agreement does allow a licensed user to install the SOFTWARE PRODUCT on both a work computer and a home computer, provided the SOFTWARE PRODUCT is not in use on both machines at the same time.

b. If you are an entity, ActMask grants you the right the same rights as above.

c. If you are outsourcer, ActMask grants you manage/evaluate/maintain the software and provide administrative duties (ie. invoice payment, ordering, etc.) on behalf of the licensee.

d. UNTIL A VALID SERIAL NUMBER HAS BEEN ISSUED TO YOU BY ActMask, YOU MAY ONLY USE THE SOFTWARE FOR A TRIAL PERIOD NOT TO EXCEED FIFTEEN (15) DAYS FROM THE INITIAL INSTALLATION. YOU AGREE TO REMOVE ANY COPIES OF THE SOFTWARE UPON EXPIRATION OF THE TRIAL PERIOD IF YOU DO NOT PURCHASE THE SOFTWARE. YOU MAY NOT DISTRIBUTE ANY PORTION OF THE SOFTWARE, INCLUDING THOSE PORTIONS OUTLINED UNDER "REDISTRIBUTABLE CODE" BELOW, UNTIL YOU ARE ISSUED A VALID SERIAL NUMBER. NO LICENSE IS GRANTED UNTIL THAT TIME.

e. ELECTRONIC DOCUMENTS : Solely with respect to electronic documents included with the SOFTWARE, you may make an unlimited number of copies (either in hardcopy or electronic form), provided that such copies shall be used only for internal purposes and are not republished or distributed to any third party.

f. STORAGE/NETWORK USE : You may store or install one (1) copy of the SOFTWARE on a storage device, such as a network server, for backup and archival purposes only. A license for the SOFTWARE may not be shared or used concurrently on different computers.

g. You agree not to modify the Producer or Creator fields within any PDF documents created by SOFTWARE.

h. ActMask reserves all rights not expressly granted.

3. COPYRIGHT: The SOFTWARE is owned by ActMask and its suppliers, and its structure, organization and code are the valuable trade secrets of ActMask and its suppliers. The SOFTWARE is protected by United States Copyright Law and International Treaty provisions. You may use trademarks only insofar as required to comply with Section 1 of this License Agreement and to identify printed output produced by the Software, in accordance with accepted trademark practice, including identification of trademark owner's name. Such use of any trademark does not give you any rights of ownership in that trademark. Except as stated above, this License Agreement does not grant you any intellectual property rights in the Software.

4. RESTRICTIONS:
General Limitations - You may not resell, transfer, rent or lease the SOFTWARE. You agree not to modify, adapt, translate, reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Software. You may not alter or modify in any way the installer for the Software, or create a new installer for the Software. Any such unauthorized use shall result in immediate and automatic termination of this license and may result in criminal and/or civil prosecution.

Separation of Components - The SOFTWARE PRODUCT is licensed as a single product. Its component parts may not be separated for use on more than one computer.

Termination - Without prejudice to any other rights, ActMask may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must destroy all copies of the SOFTWARE PRODUCT and all of its component parts.

Development License Restrictions - These restrictions apply to a licensee who develops Application Software that utilizes SOFTWARE PRODUCT in a commercially distributed application.

Development License (Redistributable License): A Development License is required when the LICENSED SOFTWARE is incorporated into a software product that is used outside of LICENSEE'S company, e.g. when the software product is sold or distributed to customers of LICENSEE. Development License is for software company to integrate it into their own application and redistribute it. With development license, LICENSEE can integrate ActMask's product with their application and distribute it with their own application royalty free. In this instance LICENSEE can include the LICENSED SOFTWARE within the installer used for their own application and this right takes precedence over the installer restrictions stated in 2.a and Section 4 - General Limitations.

Licensee is granted the non-transferable, non-exclusive, and perpetual right to use the program in products developed, marketed, and distributed by licensee, and distribute the program to third parties as an integral part of such products. Licensee agrees that he will distribute the program to third parties only integrated or in conjunction with hardware or software products that make use of the program ("authorized products"). Such authorized products must add substantial functionality to the program. Products which in essence mimic the program's programming interface (or a subset thereof) are not permitted under any license. The redistributable license includes the right to sublicense to third parties the right to use authorized products to the extent such authorized products use the program.

(i) SOFTWARE PRODUCT is not the sole or primary component of such Application Software;

(ii) You must give proper acknowledgment of the copyright of ActMask;

(iii) Must not be used to create a software application that competes with or is intended to compete with, directly or indirectly, the SOFTWARE PRODUCT;

(iv) The Application Software must add significant value to the SOFTWARE PRODUCT

All other uses that fall outside the scope of the License Agreement must receive the written permission of ActMask

5. UPGRADES: If the SOFTWARE is labeled as an upgrade, you must be properly licensed to use a product identified by ActMask as being eligible for the upgrade in order to use the SOFTWARE. SOFTWARE labeled as an upgrade replaces and/or supplements the product that formed the basis for your eligibility for the upgrade. You may use the resulting upgraded product only in accordance with the terms of this License Agreement. If the SOFTWARE is an upgrade of a component of a package of software programs that you licensed as a single product, the SOFTWARE may be used and transferred only as part of that single product package and may not be separated for use on more than one computer.

I. SERVER LICENSE - No portion of SOFTWARE PRODUCTS may be redistributed.
II. DESKTOP RUNTIME APPLICATION LICENSE - No portion of SOFTWARE PRODUCTS may be redistributed.

7. EXPORT RESTRICTIONS: You agree that neither you nor your customers intend to or will, directly or indirectly, export or transmit (a) the SOFTWARE or related documentation and technical data or (b) your software products as defined under of this License Agreement (or any part thereof), or any process or service that is the direct product of the SOFTWARE to any country to which such export or transmission is restricted by any applicable U.S. regulation or statute, without the prior written consent, if required, of the Bureau of Export Administration of the U.S. Department of Commerce, or such other governmental entity as may have jurisdiction over such export or transmission.

8. NO WARRANTY: The SOFTWARE is being delivered to you AS IS and ActMask makes no warranty as to its use or performance. ActMask AND ITS SUPPLIERS DO NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE OR DOCUMENTATION. ActMask AND ITS SUPPLIERS MAKE NO WARRANTIES, EXPRESS OR IMPLIED, AS TO NONINFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE. IN NO EVENT WILL ActMask OR ITS SUPPLIERS BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, INCLUDING ANY LOST PROFITS OR LOST SAVINGS, EVEN IF AN ActMask REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY. Some states or jurisdictions do not allow the exclusion or limitation of incidental, consequential or special damages, or the exclusion of implied warranties or limitations on how long an implied warranty may last, so the above limitations may not apply to you.

9. GOVERNING LAW AND GENERAL PROVISIONS: This License Agreement will be governed by the laws of the State of California, U.S.A., excluding the application of its conflicts of law rules. This License Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. If any part of this License Agreement is found void and unenforceable, it will not affect the validity of the balance of the License Agreement, which shall remain valid and enforceable according to its terms. You agree that the Software will not be shipped, transferred or exported into any country or used in any manner prohibited by the United States Export Administration Act or any other export laws, restrictions or regulations. This License Agreement shall automatically terminate upon failure by you to comply with its terms. This Agreement may only be modified in writing signed by an authorized officer of ActMask.

10. U.S. government information: use, duplication, or disclosure by the U.S. Government of the computer software and documentation in this package shall be subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.277-7013 (Oct 1988) and FAR 52.227-19 (Jun 1987).

Unpublished-rights reserved under the copyright laws of the United States.