NON-COMMERCIAL VERSION LICENSE --------------------------------------------------------- To qualify for a Non-Commercial Version License, You must: (1) use the Software for non-commercial purposes as defined herein and be a Non-Commercial Entity as defined herein, or (2) be an University User as defined herein, or (3) be an Excluded Contractor as defined herein. The term "Non-Commercial Entity" is limited to the following: university or other educational institutions (such as pre-schools, elementary schools, middle or junior high schools, high schools, and community or junior colleges), non-profit organizations (such as public libraries, charities, and other organizations created for the promotion of social welfare), "University Users", and other individual users who use the Software for personal use (such as connecting to an Internet Service Provider for personal use, hobby, recreational, or educational purposes). The term "University Users" is limited to students, faculty members, researchers, administrators, support staff, and employees of a university when acting in this capacity. The term "Excluded Contractor" is limited to independent, solo contractors while performing work for a Non-Commercial Entity, such as a university or other educational institution in an individual capacity. If You qualify for a Non-Commercial Version License, You may use the Software free of charge. Ainvo Group reserves the right to further clarify the terms Non-Commercial Entity, University Users and Excluded Contractor at its sole determination. If You do not qualify for a Non-Commercial Version License, then You should discontinue the downloading or installation process and purchase a Commercial Use License or obtain an Evaluation License. GRANT OF LICENSE For the avoidance of doubt, the following are considered examples of commercial uses of the Software: (1)use at or for a commercial enterprise; (2)use for financial gain, personal or otherwise; (3)use by government agencies; (4)use by a telecommunication or Internet service provider company; (5)use at home or while traveling for work for which You will be paid; (6)use in connection with administering a commercial web site; (7)use in connection with the provision of professional service for which You are compensated (including paid system administration); (8)bundling or integrating the Software with any hardware product or another software product for commercial. Ainvo Group and/or its licensors reserve all rights not expressly granted to You herein. This license is not a sale of the Software or any copy of the Software. The Software contains valuable trade secrets of Ainvo Group and its licensors. All worldwide ownership of and all rights, titles and interests in and to the Software, and all copies and portions of the Software, including without limitation, all intellectual property rights therein and thereto, are and will remain exclusively with Ainvo Group. The Software is protected, among other ways, by the copyright laws of the United States, European Union, and international copyright treaties. All rights not expressly granted herein are retained by Ainvo Group and its licensors. MAINTENANCE, SUPPORT AND UPDATES Ainvo Group is under no obligation to maintain or support or update the Software in any way, or to provide updates or error corrections. COMMERCIAL VERSION LICENSE --------------------------------------------------------- This license statement and limited warranty constitutes a legal agreement ("License Agreement") between you (either as an individual or a single entity) and Ainvo Group ("Ainvo" or "Company") for the software product ("Software") identified above, including any software, media, and accompanying on-line or printed documentation. By installing, copying, or otherwise using the software, you agree to be bound by all of the terms and conditions of this license agreement. GENERAL TERMS This copy of Software may either be used by a single person who uses the software personally on one or more computers, or installed on a single workstation used nonsimultaneously by multiple people, but not both. This is not a concurrent use license. You may access this copy through a network, provided that you have obtained an individual Software license for each workstation that will access Software through the network. For instance, if 8 different workstations will access Software on the network, each workstation must have its own Software license, regardless of whether they use Software at different times or concurrently. LIMITED WARRANTY This software, and all accompanying files, data and materials, are distributed "AS IS" and with no warranties of any kind, whether express or implied. Good data processing procedure dictates that any program be thoroughly tested with non-critical data before relying on it. The user must assume the entire risk of using the program. This disclaimer of warranty constitutes an essential part of the agreement. To the maximum extent permitted by applicable law, Ainvo Group and its suppliers disclaim all other warranties and conditions, either expressed or implied, including, but not limited to, implied warranties or merchantability, fitness for a particular purpose, title, and non-infringement, with regard to the software, and the provision of or failure to provide software will be error free or will operate without interruption. The entire risk arising out of the user or performance of the Ainvo Group and accompanying written materials remains with you. This limited warranty gives you specific legal rights. You may have others, which vary from state/jurisdiction to state/jurisdiction. LIMITATION OF LIABILITY To the maximum extent permitted by applicable law, in no event shall Ainvo Group or its licensors or suppliers be liable for any special, incidental, indirect, consequential, punitive or exemplary damages whatsoever (including, without limitation, damages for loss of business profits or business interruption, goodwill, loss of business information, or any other pecuniary loss) whether based on principles of contract, tort (including negligence), duty, indemnity, contribution or otherwise, arising out of the use of or inability to use the software or the provision of or failure to provide support services, even if Ainvo Group has been advised of the possibility of such damages. In any case, Ainvo Group entire liability under any provision of this license agreement shall be limited to the greater of the amount actually paid by you for the software product. LICENSE RESTRICTIONS All rights of any kind in Software which are not expressly granted in this License are entirely and exclusively reserved to and by Company. You may not rent, lease, modify, translate, reverse engineer, decompile, disassemble or create derivative works based on Software. You may not make access to Software available to others in connection with a service bureau, application service provider, or similar business. There are no third party beneficiaries of any promises, obligations or representations made by Company herein. All copyrights to are exclusively owned by the Company.