starburn_license.txt End User License Agreement for the StarBurn SDK (Software Development Kit) This License is for COMMERCIAL version of the StarBurn SDK (Software Development Kit). BEFORE YOU USE THE SOFTWARE DISTRIBUTED WITH THIS LICENSE AGREEMENT, CAREFULLY READ THE TERMS AND CONDITIONS OF THIS AGREEMENT. BY USING THE SOFTWARE, YOU ARE CONSENTING TO BE BOUND BY AND ARE BECOMING A PARTY TO THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, DO NOT USE THE SOFTWARE AND DESTROY ALL COPIES OF THE SOFTWARE FROM YOUR COMPUTER. 1. Rocket Division Software (the "Company") grants you (the "Customer") a worlwide, non-exclusive, restricted right and license to use the accompanying StarBurn SDK (Software Development Kit) libraries and sample code (the "Software"), in binary executable form for all the purposes (including commercial use of any kind). The Software is formed of the StarBurn libraries and sample source code. 2. The Software is licensed, not sold. The Software is protected by copyright law and international copyright treaty provisions, as well as other intellectual property laws and treaties. 3. The software may be distributed to the third parties as a part of the application or the solution or any other possible form offered the third parties by the customer in binary form. Current license permits use of the software in the one commercial project only. 4. The Software itself may not be rented, leased, or in any other manner commercially exploited without the Company's prior written permission. This License is personal to Customer and Customer agrees not to assign your rights herein. 5. LIMITATION OF WARRANTY. THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY OF THIS SOFTWARE OR ABOUT ANY CONTENT OR INFORMATION PLAYED BY THE SOFTWARE, FOR ANY PURPOSE. THE SOFTWARE IS PROVIDED 'AS IS' WITHOUT EXPRESS OR IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. THE COMPANY MAY NOT SUPPORT THIS SOFTWARE AND MAY NOT ISSUE UPDATES TO THIS SOFTWARE. 6. All video, audio, and other content accessed through the Software is the property of the applicable content owner and may be protected by applicable copyright law. This License gives Customer no rights to such content, and Company disclaims any liability for misuse of content. 7. While the Company intends to distribute a commercial release of the Software, it reserves the right at any time not to release a commercial release of the Software or, if released, to alter prices, features, specifications, capabilities, functions, licensing terms, release dates, general availability or other characteristics of the commercial release. 8. Title, ownership rights, and intellectual property rights in and to the Software shall remain in the Company and/or its suppliers. Customer agrees to abide by the copyright law and all other applicable laws of the United States including, but not limited to, export control laws. Customer acknowledges that the Software remains proprietary and confidential information and intellectual property of the Company and/or its suppliers and therefore Customer agrees not to modify the Software or attempt to decipher, decompile, disassemble or reverse engineer the Software, except to the extent applicable laws specifically prohibit such restriction. Reproduction and/or redistribution of any portion of the Software is specifically prohibited without the Company's prior written permission. 9. The Company may terminate this License at any time by delivering notice to Customer and Customer may terminate this License at any time by destroying or erasing Customer's copy of the Software. Upon termination of this License, or in any event within thirty (30) days following the execution of a commercial license between Customer and the Company for the license of the Software, Customer agree to destroy or erase this evaluation version of Software, unless otherwise provided for in the commercial license. However, in case of termination, Sections 5 through 10 of this Agreement shall indefinitely survive its termination. This License shall be governed by and construed in accordance with the laws of the State of California with exclusive venue in courts located in the San Francisco County, California, and, as to matters affecting copyrights, trademarks and patents, by U.S. federal law. This License sets forth the entire agreement between the Company and Customer. 10. DISCLAIMER OF LIABILITY. THE COMPANY OR ITS SUPPLIERS SHALL NOT BE LIABLE FOR (a) DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR INDIRECT DAMAGES OF ANY SORT WHATSOEVER, WHETHER ARISING IN TORT, CONTRACT OR OTHERWISE, (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF BUSINESS PROFITS, REVENUES, OR INFORMATION, OR FOR BUSINESS INTERRUPTION) RESULTING FROM CUSTOMER'S USE OF THE SOFTWARE OR INABILITY TO USE THE SOFTWARE, EVEN IF THE COMPANY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR (b) FOR ANY CLAIM BY ANY OTHER PARTY THAN CUSTOMER. THIS DISCLAIMER OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY WHERE THE APPLICABLE LAW PROHIBITS SUCH LIMITATION. FURTHERMORE, SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO CUSTOMER. 11. HIGH RISK ACTIVITIES. The Software is not fault-tolerant and is not designed, manufactured or intended for use or resale as on-line control equipment in hazardous environments requiring fail-safe performance, such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines, or weapons systems, in which the failure of the Software could lead directly to death, personal injury, or severe physical or environmental damage ("High Risk Activities"). The Company and its suppliers specifically disclaim any express or implied warranty of fitness for High Risk Activities.