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SilverMotion COMMERCIAL End–User License Agreement By downloading, installing or otherwise using the product identified above and/or its related materials, you agree to be bound by the terms and conditions of this License Agreement. You must agree with the terms of this license in order to be permitted to use this product. IMPORTANT — READ CAREFULLY: This license agreement ("LICENSE") is a legal agreement between you (either an individual or a single entity, also referred to as "LICENSEE", "YOU") and Postvision LTD., ("POSTVISION"), for the software containing this LICENSE, associated media, printed materials, and "online" or electronic documentation (collectively referred to as "SOFTWARE"). Any earlier license we may have granted to you for the use of earlier versions of the SOFTWARE is replaced by this LICENSE. SOFTWARE PRODUCT LICENSE The SOFTWARE is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties and contains confidential information and trade secrets. POSTVISION retains all rights not expressly granted to you in this LICENSE. I. GRANT OF LICENSE POSTVISION hereby grants to you, and you accept, a non–exclusive, non–transferable COMMERCIAL license to install, copy, use and modify the SOFTWARE only as authorized below. You are granted one of the following three COMMERCIAL license editions: 1. Standard edition: 1.1. One licensed developer seat 1.2. One year of Host URL licensing. 1.3. Four months of support by POSTVISION, which guarantees a response to (but not necessarily a complete resolution of) your issue. You may address your requests in the period of support to support@postvision.net After the support period, you may still address support requests but POSTVISION does not grant you the assurance they will be responed to. 1.4. Four month of free updates to the latest available version of the SOFTWARE. 2. Professional edition: 2.1. Two licensed developer seats 2.2. One year of Host URL licensing 2.3. Six months of support by POSTVISION, which guarantees a response to (but not necessarily a complete resolution of) your issue. You may address your requests in the period of support to support@postvision.net After the support period, you may still address support requests but POSTVISION does not grant you the assurance they will be responed to. 2.4. Six month of free updates to the latest available version of the SOFTWARE. 3 Ultimate edition: 3.1. Multi developer license giving licensed status to the license holder and to unlimited number of developers that are employees of the company that has purchased the license. 3.2. Two years of Host URL licensing 3.3. One year of support by POSTVISION, which guarantees a response to (but not necessarily a complete resolution of) your issue. You may address your requests in the period of support to support@postvision.net After the support period, you may still address any support requests but POSTVISION does not grant you the assurance they will be responed to. 3.4. Priority support, meaning that your requests will be processed and responded to before any others that have no priority support. 3.5. One year of free updates to the latest available version of the SOFTWARE. Which of the three COMMERCIAL license editions applies is determined at the time of the license purchase. The SOFTWARE is licensed both through Host URLs, pursuant to Section 1 below and per Developer seat, pursuant to Section 2. 1. Host URL: A Host URL is the address where the application hosting the SOFTWARE is located. According to your license edition, POSTVISION grants you a certain period of time while you can have new Host URLs licensed. Licensing Host URLs comes in the form of a file that contains Host URLs selected by you and a license signature provided by POSTVISION. You can apply this file directly in the SOFTWARE and thereafter host the SOFTWARE in applications at the designated Host URLs. 2. Licensing per Developer seat means that each individual using or otherwise accessing the SOFTWARE for development purposes has to be licensed to have the right to do so. To obtain a license, one must whether purchase an individual product license or be one of the two developers, licensed by a Professional license edition or be a part of a collective that posesses an Ultimate license edition. You may make copies on more than one computer, as long as the the SOFTWARE is used only by licensed developers. The SOFTWARE is in "use" on a computer when it is loaded into temporary memory (i.e. RAM) or installed into permanent memory (e.g. hard disk or other storage device) of that computer for development purposes. If you install the SOFTWARE on a network server for the sole purpose of internal distribution among licensed developers this is not considered "use" of the SOFTWARE, so long as each individual developer is licensed to use the SOFTWARE. Redistribution rights: You may distribute the SOFTWARE (or, where applicable, the run–time portion of the SOFTWARE) provided that: You distribute the SOFTWARE, as part of solutions for internal company use, hosted applications, commercial solutions deployed at end–users’ sites or shrink–wrapped software (PACKAGED PRODUCTS) in which the SOFTWARE is integrated. You ensure that the SOFTWARE is not distributed in any form that allows it to be reused by any application other than your solution. Technical guidelines will be provided upon request, please contact support@postvision.net for more details. You duly inform your customers that they are not allowed to use the SOFTWARE independently from your solution. For use of the SOFTWARE in design–time (i.e. within a development environment such as Microsoft Visual Studio) your customers need to purchase the appropriate number of COMMERCIAL licenses from POSTVISION. You include a valid copyright message in your solution in a location viewable by the end–users (e.g. "About" box). You assume full responsibility for your customer’s use of the SOFTWARE and must ensure that POSTVISION has no obligation to such customer or liability for such customer’s use of the SOFTWARE. All product licenses granted by you to your end user customers in accordance with the terms of this agreement are perpetual and royalty–free. II. LICENSE LIMITATIONS At no time may the SOFTWARE be used for development purposes by individuals other than the licensed developer(s). You are to have Host URLs licensed exclusively and directly by POSTVISION. The SOFTWARE may not be distributed for use with solutions or PACKAGED PRODUCTS other than those developed by you. The SOFTWARE may not be distributed as part of products that have the same or substantially the same primary functionality as the SOFTWARE. You are not allowed to resell, transfer, rent, lease, or sublicense the SOFTWARE and your associated rights, other than to sublicense to end users the nonsublicensable, nontransferable right to use the SOFTWARE in as part of your solution. Under no circumstances shall you grant further redistribution rights to the end–users of your solution. You are not allowed to reverse engineer or to disassemble, decompile or "unlock", decode or otherwise reverse translate or attempt in any manner to reconstruct or discover any source code or underlying algorithms of SOFTWARE provided in object code form only, subject to applicable law to the contrary. You are not allowed to use, copy, modify, or merge copies of the SOFTWARE or any accompanying documents except as permitted in this LICENSE. As a condition to the exercise or your redistribution rights, you agree to indemnify, hold harmless, and defend POSTVISION and its resellers from and against any and all claims or lawsuits including attorney's fees that arise or result from the use or distribution of your software. III. DELIVERY POSTVISION shall deliver to LICENSEE a master copy of the SOFTWARE licensed hereunder in electronic format only. Documentation shall also be provided in electronic format. IV. UPDATES Through your update period you will receive news for any new releases of the SOFTWARE via the newsletter, if you have subscribed for it. You can also check for new releases at the POSTVISION web site http://postvision.net. You will be granted access to any updates while in the update period. V. TERMINATION This LICENSE shall last as long as you use the SOFTWARE in compliance with this LICENSE. POSTVISION may terminate this LICENSE if you fail to comply with any of the terms and conditions herein. In such event you agree to remove and destroy all copies of the SOFTWARE and any applicable source code. POSTVISION reserves the right to discontinue at any time any product, whether it is offered individually or as a part of a product suite. However, POSTVISION will fulfill any contractual obligations to provide support for discontinued products that exist as of the date of discontinuation. VI. COPYRIGHT All title and copyrights in and to the SOFTWARE (including but not limited to any images, photographs, animations, video, audio, music, text, incorporated into the SOFTWARE), the accompanying printed materials, and any copies of the SOFTWARE, and any trademarks or service marks of POSTVISION are owned by POSTVISION or its licensors unless explicitly stated otherwise. All title and intellectual property rights in and to the content that may be accessed through use of the SOFTWARE is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. This LICENSE grants you no rights to use such content. This License represents the entire understanding between the parties with respect to its subject matter. YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, THAT YOU UNDERSTAND THIS AGREEMENT, AND UNDERSTAND THAT BY CONTINUING THE INSTALLATION OF THE SOFTWARE PRODUCT, BY LOADING OR RUNNING THE SOFTWARE PRODUCT, OR BY PLACING OR COPYING THE SOFTWARE ONTO YOUR COMPUTER HARD DRIVE, YOU AGREE TO BE BOUND BY THIS AGREEMENT'S TERMS AND CONDITIONS. YOU FURTHER AGREE THAT, EXCEPT FOR WRITTEN SEPARATE AGREEMENTS BETWEEN POSTVISION AND YOU, THIS AGREEMENT IS A COMPLETE AND EXCLUSIVE STATEMENT OF THE RIGHTS AND LIABILITIES OF THE PARTIES.