ByteCream Binary Code License Agreement READ THE TERMS OF THIS AGREEMENT AND ANY PROVIDED SUPPLEMENTAL LICENSE TERMS (COLLECTIVELY "AGREEMENT") CAREFULLY BEFORE OPENING THE SOFTWARE MEDIA PACKAGE. BY OPENING THE SOFTWARE MEDIA PACKAGE, YOU AGREE TO THE TERMS OF THIS AGREEMENT. 1. LICENSE TO USE. Bytecream grants you a non-exclusive and non-transferable license for using the accompanying software (collectively "Software"), by the number of developpers for which the corresponding fee has been paid. 2. LICENSE TO DISTRIBUTE. Bytecream grants you a non-exclusive and non-transferable license for including the Software in binary form only into products, by the number of copies for which the corresponding fee has been paid. 3. SOURCE CODE. Software may contain source code. This source code can be modified and recompiled for internal use. Resulting binary forms can be distributed under the terms of Section 2. Source code can not be redistributed. 4. RESTRICTIONS. Software is confidential and copyrighted. Title to Software and all associated intellectual property rights is retained by Bytecream and/or its licensors. No right, title or interest in or to any trademark, service mark, logo or trade name of Bytecream or its licensors is granted under this Agreement. 5. LIMITED WARRANTY. Bytecream warrants to you that for a period of ninety (90) days from the date of purchase, as evidenced by a copy of the receipt, the media on which Software is furnished (if any) will be free of defects in materials and workmanship under normal use. Except for the foregoing, Software is provided "AS IS". Your exclusive remedy and Bytecream's entire liability under this limited warranty will be to replace Software media. 6. DISCLAIMER OF WARRANTY. Unless specified in this agreement, all express or implied conditions, representations and warranties, including any implied warranty of merchantability, fitness for a particular purpose or non-infringement are disclaimed, except to the extent that these disclaimes are held to be legally invalid. 7. LIMITATION OF LIABILITY. To the extent not prohibited by law, in no event will Bytecream or his licensors be liable for any lost revenue, profit or data, or for special, indirect, consequential, incidental or punitive dammages, however caused regardless of the theory of liability, arising out of or related to the use of or inability to use Software, even if Bytecream has been advised of the possibility of such dammages. In no event will Bytecream's liability to you, whether in contract, tort (including negligence), or otherwise, exceed the amount paid by you for Software under this Agreement. The foregoing limitations will apply even if the above stated warranty fails of its essential purpose. 8. TERMINATION. This Agreement is effective until terminated. You may terminate this Agreement at any time by destroying all copies of Software. This Agreement will terminate immediately without notice from Bytecream if you fail to comply with any provision of this Agreement. Upon Termination, you must destroy all copies of Software. 9. EXPORT REGULATIONS. All Software and technical data delivered under this Agreement are subject to export or import regulations in some countries. You agree to comply strictly with all such laws and regulations and acknowledge that you have the responsibility to obtain such licenses to export, re-export, or import as may be required after delivery to you. 10. GOVERNING LAW. Any action related to this Agreement will be governed by the french law. No choice of law rules of any jurisdiction will apply. 11. SEVERABILITY. If any provision of this Agreement is held to be unenforceable, this Agreement will remain in effect with the provision omitted, unless omission would frustrate the intent of the parties, in which case this Agreement will immediately terminate. 12. INTEGRATION. This Agreement is the entire agreement between you and Bytecream relating to its subject matter. It supersedes all prior or contemporaneous oral or written communications, proposals, representations and warranties and prevails over any conflicting or additional terms of any quote, order, acknowledgment, or other communication between the parties relating to its subject matter during the term of this Agreement. No modification of this Agreement will be binding, unless in writing and signed by an authorized representative of each party. 13. TERMINATION FOR INFRINGEMENT. Either party may terminate this Agreement immediately should any Software become, or in either party's opinion be likely to become, the subject of a claim of infringement of any intellectual property right. For inquiries please contact Bytecream