This License Agreement is a legal agreement between you, either as an individual or a single entity ("Developer"), and BeeSync Technologies ("BeeSync") for the software product identified as "PacketX" ("Software" or "Software Product"). The Software Product includes executable programs, redistributable modules, controls, and dynamic link libraries ("Components" or "Software Components"), electronic documentation, and may include associated media and printed materials. Installing this Software Product onto a hard disk or any other storage device of a computer, or loading any of the Components into the memory of any computer, constitutes use of the Software and shall acknowledge your acceptance of the terms and conditions of this License Agreement and your agreement to bound thereby. 1. GRANT OF LICENSE BeeSync Technologies grants you as an individual, a personal, non-exclusive, non-transferable license to install the Software Product using an authorized serial number. If you are an entity, BeeSync grants you the right to appoint an individual within your organization to use and administer the Software Product subject to the same restrictions enforced on individual users. Contact BeeSync for more information regarding multi-developer site licensing. You may install the Software Product on one or more workstations or computers expressly for the purposes of evaluating the performance of the Software for a period of no more than thirty (30) days. If continued use of the Software is desired after the evaluation period has expired, then the Software Product must be purchased and/or registered with BeeSync Technologies for each developer. The Software Product must be removed from all unregistered workstation(s) or computer(s) after the evaluation period has expired. You acknowledge that there is no product evaluation period available for Software source code. 2. COPYRIGHT Except for the licenses granted by this agreement, all right, title, and interest in and to the Software Product (including, but not limited to, all copyrights in any executable programs, modules, controls, libraries, electronic documentation, text and example programs), any printed materials and copies of the Software Product are owned by BeeSync Technologies. The Software Product is protected by copyright laws and international treaty provisions. Therefore you must treat the Software Product like any other copyrighted material except that you may (a) make one copy of the Software solely for backup or archival purposes, or (b) transfer the Software to a single hard disk, provided you keep the original solely for backup or archival purposes. 3. REDISTRIBUTION a) In addition to the rights granted in Section 1, BeeSync Technologies grants you the right to use and modify the source code version of those portions of the Software designated as "sample code" for the sole purposes of designing, developing, and testing your software product(s), and to reproduce and distribute the sample code, along with any modifications thereof, only in object code form, provided that you comply with Section 3.c. b) In addition to the rights granted in Section 1, BeeSync Tehnologies grants you a non-exclusive, royalty-free right to reproduce and distribute the object code version of any portion of the Software Product, along with any modifications thereof, in accordance with the above stated conditions. c) If you redistribute the sample code or redistributable components, you agree to: (i) distribute the redistributables in object code only, in conjunction with and as a part of a software application product developed by you which adds significant and primary functionality to the Software; (ii) not use BeeSync Technologies's name, logo, or trademarks to market your software application product; (iii) include a valid copyright notice on your software product ; (iv) indemnify, hold harmless, and defend BeeSync Technologies from and against any claims or lawsuits, including attorney's fees, that arise or result from the use or distribution of your software application product; (v) not permit further distribution of the redistributables by your end user. 4. SOURCE CODE If you obtain a license to any of the Software’s source code (also referred to as "Software" for the purposes of this entire agreement) neither the source code nor modified source code may be distributed by you to any third party under any circumstances. The Software source code must be protected as you would your own and you expressly and unequivocally agree to be bound by the acts of your employees and agents and the terms of the TRADE SECRETS AND CONFIDENTIALITY section below. a) BeeSync Technologies retains all right, title and interest in and to the Software Product source code. Licensing of the Software source code does not constitute a transfer of ownership under the terms of this agreement, and the Software remains owned and copyrighted by BeeSync Technologies. b) The Software source code may only be installed on a single computer for use by a single developer. If you are an entity, BeeSync Technologies grants you the right to appoint an individual within your organization to use and administer the Software source code subject to the same restrictions enforced on individual users. c) You may modify the Software source code, however such modifications do not constitute ownership of the source code. Modifications to the Software source code may not be sold, transferred or published in any manner whatsoever. d) You may redistribute object code only, in conjunction with and as a part of a software application product developed by you which adds significant and primary functionality to the Software. You may not use the Software source code to create a library, control or component, or a collection of components, for distribution as a product. You may not redistribute the original or modified Software source code. e) You acknowledge that the Software source code is licensed "AS-IS", without warranty of any kind, and agree that BeeSync Technologies is under no obligation to provide technical support for any original or modified Software source code. You further acknowledge that BeeSync Technologies may modify the Software source code in the future and is not required to provide you with those modifications under the terms of this agreement. 5. TRADE SECRETS AND CONFIDENTIALITY a) The Software contains information or material which is proprietary to BeeSync Technologies ("Confidential Information"), which is not generally known other than by BeeSync, and which you may obtain knowledge of through, or as a result of the relationship established hereunder with BeeSync. Without limiting the generality of the foregoing, Confidential Information includes, but is not limited to, the following types of information, and other information of a similar nature (whether or not reduced to writing or still in development): designs, concepts, ideas, inventions, specifications, techniques, discoveries, models, data, source code, object code, documentation, diagrams, flow charts, research, development, methodology, processes, procedures, know-how, new product or new technology information, strategies and development plans (including prospective trade names or trademarks). b) Such Confidential Information has been developed and obtained by BeeSync by the investment of significant time, effort and expense, and provides BeeSync with a significant competitive advantage in its business. c) You agree that you shall not make use of the Confidential Information for your own benefit or for the benefit of any person or entity other than BeeSync, except for the expressed purposes described in the paragraph hereof entitled "REDISTRIBUTION", in accordance with the provisions of this Agreement, and not for any other purpose. d) You agree to hold in confidence, and not to disclose or reveal to any person or entity, the Software, other related documentation, your product Serial Number or any other Confidential Information concerning the Software other than to such persons as BeeSync shall have specifically agreed in writing to utilize the Software for the furtherance of the expressed purposes described in the paragraph hereof entitled "REDISTRIBUTION", in accordance with the provisions of this Agreement, and not for any other purpose. e) You acknowledge the purpose of this section entitled "TRADE SECRETS AND CONFIDENTIALITY" is to protect BeeSync Technologies’s ability to limit the use of the data and the Software generally to licensees, and to prevent use of Confidential Information concerning the Software by other developers or vendors of software. 6. OTHER RESTRICTIONS You may not rent, lease or transfer the Software. You may not reverse engineer, decompile or disassemble the Software, except to the extent applicable law expressly prohibits the foregoing restriction. Without prejudice to any other rights, BeeSync Technologies may terminate this License Agreement if you fail to comply with the terms and conditions of the agreement. In such event, you must destroy all copies of the Software Product. 7. LIMITED WARRANTY. THE SOFTWARE IS PROVIDED "AS IS" AND BEESYNC TECHNOLOGIES DISCLAIMS ALL WARRANTIES RELATING TO THIS SOFTWARE, WHETHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. 8. LIMITATION OF LIABILITY. IN NO EVENT SHALL BEESYNC OR ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITH LIMITATION, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES OR LOST PROFITS, BUSINESS INTERRUPTION, OR OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OR INABILITY OF THIS BEESYNC PRODUCT, EVEN IF BEESYNC HAS BEEN ADVISED OF SUCH DAMAGES.