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The text below is our standard license text for your chosen license type. Please see the note below on alternative licensing if you require changes.



RICEBRIDGE SINGLE DEVELOPER LICENSE

The XML Manager component is Copyright (c) 2003-2005 Richard Rodger
T/A Ricebridge. This product may include third party software
components which are covered under separate license agreements, listed
at the end of this file.



DEFINITIONS

"the licensor": Richard Rodger T/A Ricebridge, the seller of the XML
Manager component

"the licensee": the purchaser of the XML Manager component

"product": The XML Manager component, in binary or object form,
available in interactive, non-interactive, stand-alone or component
versions

"development environment": The resources required to build a software
product, specifically excluding the use of said product in a
commercial or public setting by customers or agents of the licensee

"production environment": The use of a software product in a
commercial or public setting by customers or agents of the licensee

"commercial distribution": Sale and/or distribution by any means of
a pre-packaged software product.



LICENSE AGREEMENT

1. One and only one employee or agent of the licensee may, at any one
time, use the product for the purposes of software development within
a development environment.

2. The licensee may use the product in commercial software systems
where such systems are a) for internal use of the licensee or b) are
custom individual software systems developed by the licensee for an
external client. Commercial distribution of a software product that
uses the component is expressly prohibited. A separate DISTRIBUTION
LICENSE is available for this purpose.

3. The licensee may make as many copies of the product as necessary to
support automated build, development, testing and backup systems
within the development environment.

4. This license grants the use of any version of the product that has
the same major version number (initial digit) as the original product
purchased.

5. The software systems developed by the licensee that use the product
as a component must add considerable functionality beyond that
provided by the product.  Software systems that simply replicate the
operations of the product are expressly prohibited.

6. The licensee acknowledges that the product is copyrighted
intellectual property of the licensor and that the licensor retains
exclusive ownership of the product and any associated documentation or
learning materials.

7. The product includes selected source code as part of the product
offering, as an aid to learning. This source code remains the
copyrighted intellectual property of the licensor.

8. The product is distributed in digital form only. The licensor will
not distribute the product in any other form.

9. The licensee may not directly sublicense the product to any third
party.

10. This license is transferable to any third party. The licensee
agrees to destroy all copies stored by the licensee in the event of
such a transfer.



WARRANTY

1. THERE IS NO WARRANTY FOR THE PRODUCT, TO THE EXTENT PERMITTED BY
APPLICABLE LAW.  EXCEPT WHEN OTHERWISE STATED IN WRITING THE COPYRIGHT
HOLDERS AND/OR OTHER PARTIES PROVIDE THE PRODUCT "AS IS" WITHOUT
WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT
LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR
A PARTICULAR PURPOSE.  THE ENTIRE RISK AS TO THE QUALITY AND
PERFORMANCE OF THE PROGRAM IS WITH LICENSEE.  SHOULD THE PROGRAM PROVE
DEFECTIVE, THE LICENSEE ASSUMES THE COST OF ALL NECESSARY SERVICING,
REPAIR OR CORRECTION.

2. IN NO EVENT UNLESS REQUIRED BY APPLICABLE LAW OR AGREED TO IN
WRITING WILL ANY COPYRIGHT HOLDER, OR ANY OTHER PARTY WHO MAY MODIFY
AND/OR REDISTRIBUTE THE PROGRAM AS PERMITTED ABOVE, BE LIABLE TO THE
LICENSEE FOR DAMAGES, INCLUDING ANY GENERAL, SPECIAL, INCIDENTAL OR
CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE
PROGRAM (INCLUDING BUT NOT LIMITED TO LOSS OF DATA OR DATA BEING
RENDERED INACCURATE OR LOSSES SUSTAINED BY THE LICENSEE OR THIRD
PARTIES OR A FAILURE OF THE PROGRAM TO OPERATE WITH ANY OTHER
PROGRAMS), EVEN IF SUCH HOLDER OR OTHER PARTY HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES.

3. Neither party will be liable for any loss of use, interruption of
business, or any indirect, special, incidental, or consequential
damages of any kind (including lost profits), regardless of the form
of action whether in contract, tort (including negligence), strict
product liability or otherwise.  The clauses in this warranty are in
lieu of all other warranties or conditions, express or implied,
including the implied warranty of merchantability and fitness for a
particular purpose. No other person is authorised to make any other
warranty of representation concerning the performance of this product
other than according to this license.  Neither the licensee nor any
re-sellers of the product are authorised to make any warranty,
express or implied, on behalf of the licensor.

4. The laws of the Republic of Ireland govern this license. If any
part of this license is found to be in conflict with the law, that
part shall be interpreted in its broadest meaning consistent with the
law, and no other parts of the license shall be affected.



TECHNICAL SUPPORT

1. The licensee is entitled to technical support via email, consisting
of at most 10 separate communications from licensee to licensor. This
support shall consist of detailed technical responses to detailed
technical questions. Questions of a general or open-ended nature are
not supported. No guarantee is made that any given response or
technical exchange via email will resolve any given technical problem
experienced by the licensee. The licensee reserves the right to
terminate any exchange. Additional email, telephone or other support
is not available with this license and must be purchased separately.



TERMINATION FOR PATENT ACTION

1. This license will terminate automatically and any of the rights
granted by this license to the licensee are revoked as of the date
that the licensee commences an action, including a cross-claim or
counterclaim, against the licensor or any other licensee alleging that
the product, in any form, infringes a patent.



FINAL AGREEMENT

1. This agreement constitutes the complete, final and exclusive
expression of the parties' agreement, and supersedes all proposals and
other communications made between the parties concerning the subject
matter hereof. This agreement cannot be modified except by written
agreement signed by all the parties hereto.



Alternative Licensing

If there are parts of this license that are legally unacceptable for your organization, let us know and we may be willing to provide you with an alternative license based on your suggestions. In limited cases we may also be prepared to accept your standard software procurement conditions. Please note that in all cases, non-standard licensing will have a bearing on the pricing we offer.

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