EULA

EULA (End User License Agreement)

SoftPro CubePlayer

version 2.0

IMPORTANT-READ CAREFULLY: This End-User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and SoftPro for the SoftPro software product identified above, which includes computer software and may include associated media, printed materials, and "online" or electronic documentation ("Product"). An amendment or addendum to this EULA may accompany the Product.

YOU AGREE TO BE BOUND BY THE TERMS OF THIS EULA BY INSTALLING, COPYING, OR OTHERWISE USING THE PRODUCT. IF YOU DO NOT AGREE, DO NOT INSTALL OR USE THE PRODUCT; YOU MAY RETURN IT TO YOUR PLACE OF PURCHASE FOR A FULL REFUND.

In addition, by installing, copying, or otherwise using subscription updates that you receive as part of the Product (''UPDATES''), you agree to be bound by the additional license terms that accompany such UPDATES. If you do not agree to the additional license terms that accompany such UPDATES, you may not install, copy, or use such UPDATES.

1. Applicability of License

Depending on the product level you have chosen, the Product may consist of product documentation, sample applications, books and periodicals, tools and utilities, miscellaneous technical information, operating systems, development toolkits, server applications, and development tools (each, a "COMPONENT," and collectively "COMPONENTS," of the Product).

2. General Grant of License

In general, for each license you have acquired for the Product, one individual is authorized to use the Product according to the terms of this EULA. Unless expressly stated otherwise, the Product may not be separated for use by more than the one individual authorized to use the Product. A single product level may have multiple licenses to use the Product associated with that level; nonetheless, each license must be dedicated to use of the Product by one individual.

Specifically:

If you are an individual, SoftPro Tetral grants to you as an individual a personal, nonexclusive license to make and use copies of the Product in accordance with the terms of this EULA, provided that you are the only individual using the Product.

If you are an entity, SoftPro Tetral grants to you the right to designate one individual within your organization to have the sole right to make and use copies of the Product in ccordance with the terms of this EULA.

If you are an entity and have acquired this EULA as part of a SoftPro Tetral License Pack, SoftPro Tetral grants to you the right to designate one individual per license (i.e., on a one-for-one basis) within your organization to have the sole right under each such license to make and use copies of the Product in accordance with the terms of this EULA.

3. Effect of Licenses contained in COMPONENTS

COMPONENTS that you receive as part of the Product may have their own licenses (each, a "Component Agreement"). In the event of inconsistencies between this EULA and any Component Agreement, the terms of the Component Agreement shall control except in the following instances:

For all of the Product, Section 4 of this EULA shall control; and

For all COMPONENTS included in the CubePlayer all provisions of this EULA shall control.

4. Additional Rights and Limitations-General

4.1

Limitation on Reverse Engineering, Decompilation, and Disassembly. You may not reverse engineer, decompile, or disassemble the Product, except and only to the extent that it is expressly permitted by applicable law notwithstanding this limitation.

4.2

Termination. Without prejudice to any other rights, SoftPro Tetral may cancel this EULA if you do not abide by the terms and conditions of this EULA, in which case you must destroy all copies of the Product and all of its component parts.

4.3

Consent to Use of Data. You agree that SoftPro Tetral and its affiliates may collect and use technical information you provide as a part of support services related to the Product. SoftPro Tetral agrees not to use this information in a form that personally identifies you.

4.4

Not for Resale Software. Product identified as "Not for Resale" or "NFR" may not be resold, transferred, or used for any purpose other than demonstration, test, or evaluation.

4.5

Software Transfer. You may permanently transfer all of your rights under this EULA, provided you retain no copies, you transfer all of the Product (including all COMPONENTS, UPDATES, the media and printed materials, any upgrades, and this EULA), you provide SoftPro Tetral notice of your name, company, and address and the name, company, and address of the person to whom you are transferring the rights granted herein, and the recipient agrees to the terms of this EULA. If the Product is an upgrade, any transfer must include all prior versions of the Product. If the Product is received as part of a subscription, any transfer must include all prior deliverables of Product and all other subscription deliverables.

4.6

Separation of COMPONENTS. The Product is licensed as a single product. Its COMPONENT parts may not be separated for use by more than one user (or for use on more than one computer for CubePlayer sofware).

4.7

Prerelease Code. Portions of the Product may be identified as prerelease code ("Prerelease Code"). Such Prerelease Code is not at the level of performance and compatibility of the final, generally available product offering. The Prerelease Code may not operate correctly and may be substantially modified prior to first commercial shipment. SoftPro Tetral is not obligated to make this or any later version of the Prerelease Code commercially available. The grant of license to use Prerelease Code expires upon availability of a commercial release of the Prerelease Code from SoftPro Tetral.

4.8

Update License Terms. All UPDATES shall be considered part of the Product and subject to the terms and conditions of this EULA. Additional license terms may accompany UPDATES (as defined in the first paragraph of this EULA). By installing, copying, or otherwise using any UPDATE, you agree to be bound by the terms accompanying each such UPDATE. If you do not agree to the additional license terms accompanying such UPDATES, do not install, copy, or otherwise use such UPDATES.

5. Licenses Applicable to CubePlayer

5.1

General. SoftPro Tetral grants you, a personal, nonexclusive license to make and use the purchased number of copies of each of the software programs contained in the COMPONENTS included in the Program described in the heading to this subsection for the general business purposes of using the product(s).

5.2 CubePlayer - Additional Rights and Restrictions

Documentation. For the CubePlayer, SoftPro tetral grants you a worldwide, nonexclusive, nontransferable, royalty-free right to make, use, and install an unlimited number of copies of the CubePlayer solely for internal use by an unlimited number of end users so long as: (i) such end users are persons who are generally granted access to your internal network; (ii) such copies shall be used only for internal purposes and are not to be republished or distributed (either in hard copy or electronic form) beyond your premises; and: (iii) you may use documentation identified in the CubePlayer as the file format specification for CubePlayer Viewer ("File Format Documentation") solely in connection with your development of software product(s) that operate in conjunction with various versions of Windows operating system.

Note:

A product that includes limited word-processing, spreadsheet, database, or presentation graphics components along with other components that provide significant and primary value, such as an accounting product with limited spreadsheet capability, is not considered to be a "general-purpose" product. For licensing terms relating to use of the File Format Documentation for purposes other than the use described above, please contact SoftPro Tetral.

Sample Code included in CubePlayer (collectively, "CubePlayer Sample Code"). Provided that you comply with the terms of Section 8, SoftPro Tetral grants you the following nonexclusive, royalty-free rights: (a) to use and modify the source code version of, and reproduce and distribute the object code version of, those portions of the CubePlayer Sample Code identified as sample code within the documentation and/or in the "sample code" directory (exclusive of .dll files); and (b) to reproduce and distribute the object code version of the .dll files included as part of the Library Sample Code, solely in conjunction with a software product developed by you that adds primary and significant functionality to the CubePlayer Sample Code.

6. Distribution Requirements

If you choose to redistribute the CubePlayer Sample Code with a software product developed by you as described in this EULA (an "Application"), you agree to (a) not permit further redistribution of the CubePlayer Sample Code by your end-user customers; (b) not use SoftPro Tetral's name, logo, or trademarks to market your Application; (c) include a valid copyright notice on your Application; (d) indemnify, hold harmless, and defend SoftPro Tetral from and against any claims or lawsuits, including attorney's fees, that arise or result from the use or distribution of your application; (e) include "Copyright <year> SoftPro Tetral d.o.o., Zagreb, Croatia" in all SoftPro Tetral code used within your program(s); (f) otherwise comply with the terms of this EULA; and (g) that SoftPro Tetral reserves all rights not expressly granted. Notwithstanding subsection 8(a), above, you may permit further redistribution of the Redistributable Code by your distributors to your end-user customers if your distributors only distribute the Redistributable Code in conjunction with, and as part of, your Application and you and your distributors comply with all other terms of this EULA.

7. LIMITED WARRANTY

SoftPro Tetral warrants that the Product will perform substantially in accordance with the accompanying materials for a period of 90 days from the date of receipt.

If an implied warranty or condition is created by your state/jurisdiction and federal or state/provincial law prohibits disclaimer of it, you also have an implied warranty or condition, BUT ONLY AS TO DEFECTS DISCOVERED DURING THE PERIOD OF THIS LIMITED WARRANTY (NINETY DAYS). AS TO ANY DEFECTS DISCOVERED AFTER THE NINETY (90)-DAY PERIOD, THERE IS NO WARRANTY OR CONDITION OF ANY KIND. Some states/jurisdictions do not allow limitations on how long an implied warranty or condition lasts, so the above limitation may not apply to you.

Any supplements or updates to the Product, including without limitation, any (if any) service packs or hot fixes provided to you after the expiration of the ninety-day Limited Warranty period are not covered by any warranty or condition, express, implied, or statutory.

8. LIMITATION ON REMEDIES; NO CONSEQUENTIAL OR OTHER DAMAGES

Your exclusive remedy for any breach of this Limited Warranty is as set forth below. Except for any refund elected by SoftPro, YOU ARE NOT ENTITLED TO ANY DAMAGES, INCLUDING BUT NOT LIMITED TO CONSEQUENTIAL DAMAGES, if the Product does not meet SoftPro's Limited Warranty, and, to the maximum extent allowed by applicable law, even if any remedy fails of its essential purpose. The terms of Section 11 below ("Exclusion of Incidental, Consequential, and Certain Other Damages") are also incorporated into this Limited Warranty. Some states/jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. This Limited Warranty gives you specific legal rights. You may have others which vary from state/jurisdiction to state/jurisdiction. YOUR EXCLUSIVE REMEDY.

SoftPro Tetral's and its suppliers' entire liability and your exclusive remedy shall be, at SoftPro Tetral's option from time to time exercised subject to applicable law, (a) return of the price paid (if any) for the Product, or (b) repair or replacement of the Product, that does not meet this Limited Warranty and that is returned to SoftPro with a copy of your receipt. You will receive the remedy elected by SoftPro Tetral without charge, except that you are responsible for any expenses you may incur (e.g. cost of shipping the Product to SoftPro Tetral). This Limited Warranty is void if failure of the Product has resulted from accident, abuse, misapplication, abnormal use, or a virus. Any replacement Product will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer. Outside the United States or Canada, neither these remedies nor any product support services offered by SoftPro Tetral are available without proof of purchase from an authorized international source. To exercise your remedy, contact: SoftPro Tetral, Attn. SoftPro Sales Information Center/Bozidareviceva 13/Zagreb, 10000 Croatia, Or the SoftPro Tetral subsidiary serving your country.

9. DISCLAIMER OF WARRANTIES

The Limited Warranty that appears above is the only express warranty made to you and is provided inlieu of any other express warranties (if any) created by any documentation or packaging. Except for the Limited Warranty and to the maximum extent permitted by applicable law, SoftPro Tetral and its suppliers provide the Product and Support Services (if any) AS IS AND WITH ALL FAULTS, and hereby disclaim all other warranties and conditions, either express, implied, or statutory, including, but not limited to, any (if any) implied warranties, duties or conditions of merchantability, of fitness for a particular purpose, of accuracy or completeness of responses, of results, of workmanlike effort, of lack of viruses, and of lack of negligence, all with regard to the Product, and the provision of or failure to provide Support Services. ALSO, THERE IS NO WARRANTY OR CONDITION OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION OR NON-INFRINGEMENT WITH REGARD TO THE PRODUCT.

10. EXCLUSION OF INCIDENTAL, CONSEQUENTIAL, AND CERTAIN OTHER DAMAGES

To the maximum extent permitted by applicable law, in no event shall SoftPro Tetral or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits or confidential or other information, for business interruption, for personal injury, for loss of privacy, for failure to meet any duty including of good faith or of reasonable care, for negligence, and for any other pecuniary or other loss whatsoever) arising out of or in any way related to the use of or inability to use the PRODUCT, the provision of or failure to provide Support Services, or otherwise under or in connection with any provision of this EULA, even in the event of the fault, tort (including negligence), strict liability, breach of contract, or breach of warranty of SoftPro Tetral or any supplier, and even if SoftPro Tetral or any supplier has been advised of the possibility of such damages.

11. LIMITATION OF LIABILITY AND REMEDIES

Notwithstanding any damages that you might incur for any reason whatsoever (including, without limitation, all damages referenced above and all direct or general damages), the entire liability of SoftPro and any of its suppliers under any provision of this EULA and your exclusive remedy for all of the foregoing (except for any remedy of repair or replacement elected by SoftPro Tetral with respect to any breach of the Limited Warranty) shall be limited to the greater of the amount actually paid by you for the Product or U.S. $5.00. The foregoing limitations, exclusions, and disclaimers (including Sections 9, 10, and 11 above) shall apply to the maximum extent permitted by applicable law, even if any remedy fails its essential purpose.

12. APPLICABLE LAW

If you acquired this Product in the United States, this EULA is governed by the laws of the State of Washington. If you acquired this Product in Canada, unless expressly prohibited by local law, this EULA is governed by the laws in force in the Province of Ontario, Canada; and, in respect of any dispute which may arise hereunder, you consent to the jurisdiction of the federal and provincial courts sitting in Toronto, Ontario. If this Product was acquired outside the United States, then local law may apply.

13. ENTIRE AGREEMENT

This EULA (including any addendum or amendment to this EULA which is included with the Product) are the entire agreement between you and SoftPro relating to the Product and the Support Services (if any) and they supersede all prior or contemporaneous oral or written communications, proposals, and representations with respect to the Product or any other subject matter covered by this EULA. To the extent the terms of any SoftPro Tetral policies or programs for Support Services conflict with the terms of this EULA, the terms of this EULA shall control.

14. Copyright

The Product is protected by copyright and other intellectual property laws and treaties. SoftPro Tetral or its suppliers own the title, copyright, and other intellectual property rights in the Product. The Product is licensed, not sold.