INTELLECTUAL PROPERTY RIGHTS The following agreements, clauses, warranties and property rights will be in force for proprietary software technology developed by Windfall Enterprises (WE) which is used or deployed in part or whole in the development of features for your project. Third party tools will involve their own intellectual property protection clauses.

COPYRIGHT NOTICE

© COPYRIGHT 2000-2007
Windfall Enterprises
All rights reserved

THIS SOFTWARE AND MANUAL ARE BOTH PROTECTED BY THE COPYRIGHT LAW. NO PART OF THIS MANUAL OR THE REFERENCED SOFTWARE MAY BE REPRODUCED IN WHOLE OR IN PART, STORED IN A RETRIEVAL SYSTEM , OR TRANSMITTED BY ANY MEANS, ELECTRONIC, MECHANICAL, PHOTOCOPYING, RECORDING, THROUGH THE INTERNET OR EMAIL, OR OTHERWISE, WITHOUT PRIOR WRITTEN PERMISSION FROM THE OWNER (WINDFALL ENTERPRISES). UNAUTHORIZED REPRODUCTION AND/OR SALES MAY RESULT IN CIVIL AND CRIMINAL PROCEEDINGS BEING INITIATED AGAINST THE OFFENDER.

LICENSE AGREEMENT

This is a legal agreement (herein referred to as the 'Agreement') between you (either an individual or a body corporate) and Windfall Enterprises. By entering into this agreement, you are agreeing to be bound by the terms and conditions of this Agreement. This Agreement may not be modified unless signed by both parties. Viz. You and Windfall Enterprises.

1. Grant of License: Windfall Enterprises grants you a non-exclusive and non-transferable limited license to use one (1) copy of the Software for a single individual or body corporate and to use the Documentation accompanying the software, in accordance with the terms and conditions of this Agreement. The Software, including Upgrades, is licensed as a single product.

2. Copyright and other Proprietary Rights : The Software and Documentation are owned by Windfall Enterprises and protected by copyright laws. You may not copy the Software or the Documentation. Windfall Enterprises retains all rights, title interest and ownership of, in and to the Software, copies of the Software and the Documentation. Windfall Enterprises retains the right to modify and/or enhance the Software or Documentation without obligation to notify you of such changes or to furnish them to you.

3. Restrictions : You may not loan, rent, lease or distribute the Software and /or Documentation. You may not assign or transfer this license, the Software, any copies of the Software, and/or the Documentation. Any attempt to sublicense, assign, or transfer any of your rights, duties or obligations under this Agreement is void. You may not reverse engineer, decompile or disassemble the Software, and you may not modify, translate, or create derivative works from the Software and/or Documentation. You agree to protect the software and Documentation from unauthorized publication, use, reproduction and/or distribution.

4. Personal Rights and restrictions : This license allows you, a single individual or company, to execute the Software for your own use. You may not use the Software for other companies and/or individuals, even at the licensed site.

5. Dual Media Software : You may receive the Software in more than one media. Regardless of the type and size of media you receive, you may use the media appropriate for your single designated company. You may not use the media on any other individual or body corporate, or loan, rent, lease, or transfer them to another user.

6. Term of License : This license is effective from the of installation and continues till terminated. This license shall terminate immediately if you fail to comply with any term or condition of this Agreement, and upon such termination: (a) Windfall Enterprises shall be entitled to seek any legal redress or equitable remedies that may be available to Windfall Enterprises; and (b) you shall immediately return the Software and all copies of the Software and documentation to Windfall Enterprises, without refund.

LIMITED WARRANTY

This Limited Warranty is in effect only for a period for which the License Agreement is in effect. Termination of the License Agreement for any reason(s) whatsoever, automatically results in the Limited Warranty being null and void.

Limited Warranty : Windfall Enterprises warrants that the physical diskette(s) and/or CD ROM(s) {meaning the media itself and not the Software code itself} on which the Software is provided will be free from defects in material or workmanship under normal use for a period of one year from the date you received delivery.

Limitation of Remedies : Windfall Enterprises' entire liability and your exclusive remedy shall be, at Windfall Enterprises' option to either : (a) return the price paid or (b) repair or replace the Software that does not meet Windfall Enterprises' Limited Warranty. This Limited Warranty is void if failure of the Software or hardware has resulted from accident, abuse or misapplication. Any replacement Software or hardware will be warranted for a period of thirty days or the remainder period of the original warranty, whichever is longer.

No Other Warranties : Windfall Enterprises' disclaims all other warranties, either expressed or implied, to the maximum extent of law. This includes, but is not limited to, warranties of merchantability and fitness for a particular purpose, with respect to the Software, the accompanying written materials (Documentation) and any accompanying hardware.

No Liability for Consequential Damages : In no event shall Windfall Enterprises or its distributors be liable for any damages whatsoever (including, without limitation, damage or loss of business, business interruption, loss of business information, or any other pecuniary loss) arising out of use of the Software, even if Windfall Enterprises has been advised of the possibility of such damages. In no event shall Windfall Enterprises' liability, however founded, exceed the price paid by you in the first place.

TRADEMARK ACKNOWLEDGEMENTS

All brands and product names are trademarks or registered trademarks of their respective companies.