IDEX Software License Agreement

THIS IS A LEGAL AGREEMENT BETWEEN YOU AND IDEX SOFTWARE. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, PROMPTLY RETURN THE MEDIA PACKAGE AND THE ACCOMPANYING WRITTEN MATERIALS AND OTHER CONTAINERS IN THE ORIGINAL CONDITION TO THE PLACE YOU OBTAINED THEM FOR A FULL REFUND.

License. IDEX Software ("IDEX") hereby grants to you a non-exclusive license (the "License") for one person at a time to use one copy of the IDEX program accompanying this License (the "Software") on a single computer ("Dedicated computer"). The Software is in "use" on a computer when it is loaded into temporary memory (i.e. RAM) or installed into permanent memory (i.e. hard disk) of that computer. However, installation on a network server for the sole purpose of distribution to one or more other computer(s) shall not constitute "use", except when accessed by a user. Each individual authorized to use the Software is also authorized as part of the License to use the Documentation, either by obtaining a printed copy of it or accessing it through a computer.

Copyright. IDEX and its suppliers retain all right, title and interest in and to the Software and the Documentation are protected by the copyright laws of the United States and international treaty provisions. There are severe penalties, both civil and criminal, for copyright infringement. You may transfer the Software to a hard disk and keep an additional copy of the Software, including the original copy, solely for back-up or archival purposes. You may not copy the written materials accompanying the Software.

Other restrictions. You may not rent or lease the Software, but you may transfer your rights under this License on a permanent basis provided you transfer the License, the Software and all Documentation, retain no copies and the recipient agrees to the terms of this Agreement. You may not modify, reverse engineer, de-compile or disassamble the Software. If the Software is an update, any transfer must include the update and all prior versions.

Deployment rights. IDEX hereby grants to you a non-exclusive, royalty-free right to reproduce and distribute the run-time module of the Software provided to you: (a) only distribute the Software in conjunction with and as a part of your compiled software product that is designed to work in conjunction with the Software; and (b) include a valid copyright notice on your software product. The "run-time modules" are those files in the Software that are identified in the Documentation as required during execution of programs you develop using the Software.

Limited warranty. IDEX warrants that the Software will perform substantially in accordance with the Documentation for a period of 90 days after you receive the Software. This Limited Warranty is void if failure of the Software has resulted from accident, abuse or misapplication. Except as set forth in the immediately preceding paragraph, IDEX PROVIDES THE SOFTWARE AND THE DOCUMENTATION WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR WARRANTIES OF QUALITY OR PERFORMANCE. Your exclusive remedy with respect to the Software, the Documentation and this Agreement will be limited to , at IDEX's option, (a) the replacement of any defective Software or Documentation, or (b) refund of the original purchase price paid for the Software.

IN NO EVENT WILL IDEX OR ITS EMPLOYEES, AGENTS OR SUPPLIERS BE LIABLE FOR ANY DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE OR DOCUMENTATION, INCLUDING, BUT NOT LIMITED TO, ANY DAMAGES FOR LOST PROFITS OR ANTICIPATED BENEFITS, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES OR LIBILITY FOR ACCIDENTAL OR CONSEQUENTIAL DAMAGES OR DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION.

Miscellaneous. This Agreement is governed by the laws of the State of California. This Agreement may only be modified by a licensed addendum which accompanies this license or by a written document which has been signed by both you and IDEX. Should you have any questions concerning this Agreement, or if you desire to contact IDEX for any reason, please email: support@idexsoft.com