1. GRANT OF LICENSE. This PRODUCT contains software that provides services on a computer called a server (’’Server Software’’), software that allows a computer to access or utilize the services provided by the Server Software (’’Client Software’’). Thinmaster.com grants to you the following non-exclusive rights to the Server Software and Client Software, if any, and accompanying documentation (collectively called the ‘’SOFTWARE’’):

a) Installation and Transfer. You may install the Server Software on as many computers as your needs require (the ‘’Server(s)’’). Each connection license for the Server Software may only be installed on Servers within a single production Server farm and a single disaster recovery Server farm.  You may install the Client Software on as many computers, operating remotely or on one or more networks, as your needs require (the “Client(s)”), provided that these computers are used to access the Server(s), but the number of concurrent connections will be limited pursuant to Section 1.b.

b) Use of the Server Software. You may use the Server Software at any time on the Server(s) for support of Clients.  The Server Software may be used only to support up to the number of user connections you are entitled to within each Server farm based on your initial purchase of licenses and any additional purchases of connection licenses for the same SOFTWARE within such Server farm.  Each connection license which is installed on both a production Server farm and a disaster recovery Server farm may only be used on one of the farms at any one time, except for duplicate use during routine testing of the disaster recovery Server farm.  You may make one (1) copy of the SOFTWARE in machine-readable form solely for back-up purposes, provided that you reproduce all proprietary notices on the copy.

c) Use of the Client Software. You may use the Client Software to build your clients and access the Server.

d) Microsoft License. If you access terminal server functionality provided by Microsoft operating system products, you need to purchase additional licenses to use such products. Consult the license agreements for the Microsoft operating system products you are using to determine which licenses you must acquire.

e) Citrix License.If you access terminal server Using Citrix Client software and Citrix Metaframe system products, you need to purchase additional licenses to use such products. Consult the license agreements for the Citrix Metaframe products you are using to determine which licenses you must acquire.

f) MS-DOS License. If running ICA-DOS clients you need to have valid MS-DOS licenses for each client. The following products contains a valid MS-DOS license: MS-DOS 6.xx, Win 3.x, Win 9x, Win ME. If you are replacing an NT based OS client you need to have a separate, valid, unused MS-DOS license. NT based OSs (NT, 2000, XP) does not contain a valid MS-DOS license, but it is possible to "downgrade" existing NT based licenses to MS-DOS licenses by contacting Microsoft.

g) Not For Resale Software. If this SOFTWARE is labeled ‘’Not For Resale’’ or ‘’NFR,’’ your license only permits use for demonstration, test, or evaluation purposes.

h) Other. Notice to Users - You shall inform all users of the SOFTWARE of the terms and conditions of this AGREEMENT.

License Agreement

2. SUBSCRIPTION RIGHTS. If the licensed user has purchased a subscription to obtain “Updates” (as defined below) for the SOFTWARE (the “Subscription”), the following terms and conditions shall also apply. If the licensed user has paid the appropriate Subscription fee, the licensed user’s Subscription shall begin on the date the licenses are purchased as described in the accompanying documentation and shall continue for a term of one to three years thereafter unless terminated sooner (the “Subscription Term”). During the Subscription Term, Thinmaster.com may, from time to time, generally make Updates available for licensing to the public. For the purposes of this AGREEMENT, an Update shall mean a generally available release of the same SOFTWARE. Upon general availability of Updates during the Subscription Term, Thinmaster.com shall provide the licensed user with one (1) copy of each such Update for each copy of the SOFTWARE originally licensed by the licensed user pursuant to this AGREEMENT to support up to the number of user connections you are entitled to based on your purchase of Subscription for such licenses, without additional charge. Any such Updates so delivered to the licensed user shall be considered SOFTWARE under the terms of this AGREEMENT.

The licensed user acknowledges that Thinmaster.com may develop and market new or different computer programs which use portions of the SOFTWARE and which perform all or part of the functions performed by the SOFTWARE. Nothing contained in this AGREEMENT shall give the licensed user any rights with respect to such new or different computer programs. The licensed user also acknowledges that Allianse Operations is not obligated under this AGREEMENT to generally make any Updates available to the public. All deliveries of Updates shall be F.O.B. Allianse Operations. Allianse Operations shall have no responsibility under this AGREEMENT for the installation of any Updates.

3. DESCRIPTION OF OTHER RIGHTS, LIMITATIONS AND OBLIGATIONS. You may use the Server Software for the provision of application services to third party customers (”Hosting”). As a part of such Hosting, you may copy and distribute the Client Software, with its electronic, click-to-accept license, to such third party customers. You may not otherwise rent or lease the SOFTWARE, but you may transfer the SOFTWARE and accompanying written materials on a permanent basis, provided you retain no copies and the recipient agrees to the terms of this AGREEMENT.  You may not remove any proprietary notices, labels, or marks on any SOFTWARE.  To the extent permitted by applicable law, you agree to allow Thinmaster.com to audit your compliance with the terms of this AGREEMENT upon prior written notice during normal business hours.

YOU MAY NOT USE, COPY, MODIFY, OR TRANSFER THE SOFTWARE OR ANY COPY IN WHOLE OR IN PART, OR GRANT ANY RIGHTS IN THE SOFTWARE OR ACCOMPANYING DOCUMENTATION, EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT. ALL RIGHTS NOT EXPRESSLY GRANTED ARE RESERVED BY ALLIANSE OPERATIONS OR ITS SUPPLIERS.

You hereby agree, that to the extent that any applicable mandatory laws (such as, for example, national laws implementing EC Directive 91/250 on the Legal Protection of Computer Programs) give you the right to perform any of the aforementioned activities without the consent of Thinmaster.com in order to gain certain information about the SOFTWARE for purposes specified in the respective statutes, before you exercise any such rights, you shall first request such information from Allianse Operations in writing detailing the purpose for which you need the information. Only if and after Allianse Operations, at its sole discretion, partly or completely denies your request, shall you exercise your statutory rights.

Limited Warranty and Disclaimer. Allianse Operations warrants that, for a period of ninety (90) days from the date of delivery of the SOFTWARE to you, the media on which the SOFTWARE is furnished, if any, under normal use will be free from defects in materials and workmanship, and that the SOFTWARE will perform substantially in accordance with the product documentation published by Allianse Operations and included with the SOFTWARE. Allianse Operations and its suppliers’ entire liability and your exclusive remedy under this warranty (which is subject to you returning the SOFTWARE to Allianse Operations or an authorized reseller) will be, at the option of Allianse Operations, to replace the media and/or SOFTWARE or to refund the purchase price and terminate this AGREEMENT.

EXCEPT FOR THE ABOVE LIMITED WARRANTY, ALLIANSE Operations AND ITS SUPPLIERS MAKE AND YOU RECEIVE NO WARRANTIES OR CONDITIONS, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, AND ALLIANSE Operations AND ITS SUPPLIERS SPECIFICALLY DISCLAIM ANY CONDITIONS OF QUALITY AND ANY IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, NONINFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE. YOU ASSUME THE RESPONSIBILITY FOR THE SELECTION OF THE SOFTWARE AND HARDWARE TO ACHIEVE YOUR INTENDED RESULTS, AND FOR THE INSTALLATION OF, USE OF, AND RESULTS OBTAINED FROM THE SOFTWARE AND HARDWARE. ALLIANSE Operations DOES NOT WARRANT THAT USE OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE.

Proprietary Rights. This license is not a sale. Title and copyright rights to the SOFTWARE, accompanying documentation and any copies made by you remain with Allianse Operations or its suppliers.  

Limitation of Liability. TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT NEITHER ALLIANSe Operations NOR ITS AFFILIATES, SUPPLIERS OR AUTHORIZED DISTRIBUTORS SHALL BE LIABLE FOR ANY LOSS OF DATA, LOSS OF INCOME, LOSS OF OPPORTUNITY OR PROFITS, COST OF RECOVERY OR ANY OTHER SPECIAL, INCIDENTAL, CONSEQUENTIAL OR INDIRECT DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, OR THE USE OF THE SOFTWARE, REFERENCE MATERIALS OR ACCOMPANYING DOCUMENTATION, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY. THIS LIMITATION WILL APPLY EVEN IF ALLIANSE Operations, ITS AFFILIATES, SUPPLIERS OR AUTHORIZED DISTRIBUTORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE LIABILITY OF ALLIANSE Operations, ITS AFFILIATES, SUPPLIERS OR AUTHORIZED DISTRIBUTORS EXCEED THE AMOUNT PAID FOR THE LICENSED SOFTWARE AT ISSUE. YOU ACKNOWLEDGE THAT THE LICENSE FEE REFLECTS THIS ALLOCATION OF RISK. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. For purposes of this Agreement, the term “ALLIANSE NETPERTNER AFFILIATE” shall mean any legal entity fifty percent (50%) or more of the voting interests in which are owned directly or indirectly by Allianse Operations as. Affiliates, suppliers and authorized distributors are intended to be third party beneficiaries of this AGREEMENT.

Export Restriction. You agree that you will not export or re-export the SOFTWARE in any form without the appropriate government licenses. Your failure to comply with this provision is a material breach of this AGREEMENT.

Termination. This AGREEMENT is effective until terminated. You may terminate this AGREEMENT at any time by removing the SOFTWARE from your computer and destroying all copies. Unauthorized copying of the SOFTWARE or the accompanying documentation or otherwise failing to comply with the terms and conditions of this AGREEMENT will result in automatic termination of this license and will make available to Allianse Operations other legal remedies. Upon termination of this AGREEMENT, the license granted herein will terminate and you must immediately destroy the SOFTWARE and accompanying documentation, and all back-up copies thereof.

Government End-Users. If you are a U.S. Government agency, in accordance with Section 12.212 of the Federal Acquisition Regulation (48 CFR 12.212), you hereby acknowledge that use, duplication and disclosure of the SOFTWARE by the U.S. Government or any of its agencies is governed by, and subject to, all of the terms, conditions, restrictions and limitations set forth in this AGREEMENT. In the event that, for any reason, Section 12.212 is not applicable, you hereby acknowledge that use, duplication and disclosure of the SOFTWARE by U.S. Government agencies is subject to the Commercial Computer Software Restricted Rights clause at 48 CFR Section 52.227-19©(1) and (2), or the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013, as applicable.

Creator owner Thinmaster.com

Should you have any questions concerning this AGREEMENT, or wish to contact licensor for any reason, please write to licensor at the following address: sales@thinmaster.com