MicroMighty Software Development Kit ® (SDK) Version 1.0

YOUR AGREEMENT TO THIS LICENSE

You should carefully read the following terms and conditions before using, installing or distributing this software. Unless you have a different license agreement signed by MicroMighty, Inc., your use, distribution, or installation of SDK indicates your acceptance of this agreement ("License").

If you do not agree to all of the terms and conditions of this License, then: do not copy, install, distribute or use any copy of SDK with which this License is included.

The terms and conditions of this License describe the permitted use and user(s) of each Licensed Copy of SDK. For purposes of this License, if you have a valid single-copy license, you have the right to use a single "Licensed Copy" of SDK; if you or your organization has a valid multi-user license, then you or your organization have/has the right to use up to a number of "Licensed Copies" of SDK equal to the number of copies indicated in the documents issued by MicroMighty, Inc. when granting the license.

MicroMighty, Inc. reserves its basic right to permanently cancel without any warnings neither refund a license that is suspected of being used illegitimately or exceeds the limit of workstations allowed simultaneously.

SCOPE OF LICENSE

You can use this SDK for personal use only, any commercial use or use for other type of organization including non profit on a production server is not allowed.

You may not publish, sell, re-distribute, rent, lease or re-license any content contained in this source code and/or DLLs and/or other components of the SDK without an explicit written permission agreement signed by MicroMighty, Inc.

MicroMighty, Inc. reserves the right to permanently cancel without any warnings neither refund a license that is suspected of being used illegitimately or that violates this EULA.

(Personal version):

Each Licensed Copy of SDK may either be used by a single person who uses the software personally on one or more computers, or installed on a single workstation used non-simultaneously by multiple people.

(Commercial version):

A Licensed Copies of SDK may be installed on a limited number of workstations used by the organization as agreed explicitly and signed with MicroMighty, Inc..

Each Licensed Copy of SDK includes copyrighted software, proprietary notices, and identifying information. You may not alter or modify the Software, nor permit anyone else to do so.

All rights of any kind in SDK which are not expressly granted in this License are entirely and exclusively reserved to and by MicroMighty, Inc.. You may not rent, lease, modify, translate, reverse, engineer, decompile, disassemble, or create derivative works based on, SDK, nor permit anyone else to do so. You may not make access to SDK available to others in connection with a service bureau, application service provider, or similar business, nor permit anyone else to do so.

WARRANTY DISCLAIMERS AND LIABILITY LIMITATIONS

SDK, AND ANY AND ALL ACCOMPANYING SOFTWARE, FILES, DATA AND MATERIALS, ARE DISTRIBUTED AND PROVIDED "AS IS" AND WITH NO WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. You acknowledge that good data processing procedure dictates that any program, including SDK, must be thoroughly tested with non-critical data before there is any reliance on it, and you hereby assume the entire risk of all use of the copies of SDK covered by this License.

THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. IN NO EVENT SHALL MicroMighty, Inc., OR ITS PRINCIPALS, SHAREHOLDERS, OFFICERS, EMPLOYEES, AFFILIATES, CONTRACTORS, SUBSIDIARIES, OR PARENT ORGANIZATIONS, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES WHATSOEVER RELATING TO THE USE OF SDK, OR TO YOUR RELATIONSHIP WITH MicroMighty, Inc..

IN ADDITION, IN NO EVENT DOES MicroMighty, Inc. AUTHORIZE YOU OR ANYONE ELSE TO USE SDK IN APPLICATIONS OR SYSTEMS WHERE SDK'S FAILURE TO PERFORM CAN REASONABLY BE EXPECTED TO RESULT IN A SIGNIFICANT PHYSICAL INJURY, OR IN LOSS OF LIFE. ANY SUCH USE IS ENTIRELY AT YOUR OWN RISK, AND YOU AGREE TO HOLD MicroMighty, Inc. HARMLESS FROM ANY AND ALL CLAIMS OR LOSSES RELATING TO SUCH UNAUTHORIZED USE.

GENERAL

This License is the complete statement of the agreement between the parties on the subject matter, and merges and supersedes all other or prior understandings, purchase orders, agreements and arrangements. This License shall be governed by the laws of the State of California. Exclusive jurisdiction and venue for all matters relating to this License shall be in courts located in Las Vegas, and you consent to such jurisdiction and venue. There are no third party beneficiaries of any promises, obligations or representations made by MicroMighty, Inc. herein.

Any waiver by MicroMighty, Inc. of any violation of this License by you shall not constitute, nor contribute to, a waiver by MicroMighty, Inc. of any other or future violation of the same provision, or any other provision, of this License.