DBI Technologies Inc. Evaluation Software License Agreement

dbiCalendarWPF ("SOFTWARE")

THIS IS A LEGAL AGREEMENT BETWEEN YOU (EVALUATION LICENSEE) AND DBI TECHNOLOGIES INC. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, PROMPTLY DESTROY THE EVALUATION SOFTWARE AND ANY ACCOMPANYING MEDIA.

1. SOFTWARE LICENSE : DBI Technologies Inc. hereby grants you to a non-exclusive license (the "License") to use the Documentation and for one person at a time to use one copy of the DBI Technologies Inc. software program accompanying this License (the "Software") on a single computer ("Dedicated Computer") for a period of thirty days from the time of installation.

2. INTELLECTUAL PROPERTY RIGHTS : DBI and its suppliers retain all rights, title and interest in and to the Software and Documentation, including all copyright, trademark and all other intellectual property rights. The Software and Documentation are protected under the laws of Canada and international treaty provisions. There are severe penalties, both civil and criminal, for infringement. The Software Licensee may transfer the Software to a hard disk and keep up to three copies of the Software and Documentation, including the original copy, for each Evaluation Licensee, solely for back-up or archival purposes. 

3. OTHER RESTRICTIONS. You may NOT rent or lease the Software. You may not modify, reverse engineer, decompile or disassemble the Software. You may transfer your rights under this License on a permanent basis provided you transfer the Software and all Documentation, retain no copies and the recipient agrees to the terms of this Agreement.

4. LIMITED WARRANTY : DBI Technologies Inc. warrants that the Software will perform substantially in accordance with the documentation for a period of 30 days after which you receive the software. This Limited Warranty is void if failure of the Software has resulted from accident, abuse, or misapplication.  In the event of software being defective due to mentioned failures, DBI Technologies Inc. will replace the defective Software or Documentation.

IN NO EVENT WILL DBI OR ITS EMPLOYEES, AGENTS, OR SUPPLIERS BE LIABLE FOR ANY DAMAGES ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SOFTWARE OR DOCUMENTATION, INCLUDING, BUT NOT LIMITED TO, ANY DAMAGES FOR LOST PROFITS OR ANTICIPATED BENEFITS, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

5. DISTRIBUTION : This agreement allows you to distribute the .NET assemblies to an unlimited number of computers on the express condition that the .NET assemblies are not being made available to third parties as development controls within a development or design environment.  A development or design environment includes any application design surface which enables the user to create a new instance, or interact, modify, redesign, or copy an existing instance of any portion of the Software, or in any way alter the Software's appearance or functionality, or any part thereof, with or without the presence of the appropriate license file(s) or license registrations.   All developers requiring the use of these evaluation controls in a design surfEace must execute DBI's original dbiCalendarWPF evaluation install.

6. TERMINATION : DBI may terminate this Software License in the event of a breach of it by the Evaluation Licensee upon DBI giving 10 days notice to the Evaluation Licensee of the breach and such breach remains unremedied after the expiry of the 10 day period.

7. SUPPORT: DBI will provide technical support to Evaluation Licensees in accordance with its support policy for the Software as published on DBI's web site from time to time unless the Evaluation Licensee has been issued a separate signed contract for support from DBI.

8. MISCELLANEOUS : This agreement is governed by the laws of the Commonwealth of Canada and the Province of Manitoba without regard to the United Nations Convention on the International Sale of Goods, and will be deemed a contract under seal. This Agreement constitutes the entire agreement between DBI and the Evaluation Licensee concerning the Software and the Documentation, and supersedes all prior communications, agreements, and understandings, written or oral, between DBI and the Evaluation Licensee with respect thereto. No DBI dealer, agent or employee is authorized to make any amendment to this Agreement.

Should you have any questions concerning this Agreement, the Software or the Documentation, or if you wish to give notice to DBI under the terms of this agreement, you may contact DBI by writing by fax, or e-mail to:

DBI Technologies Inc.
702-44 Princess Street
Winnipeg MB Canada
R3B 1K2

Fax: (204) 943-0738
Phone: (204) 985-5770
e-mail - dbitech@dbi-tech.com