KAM INDUSTRIES SOFTWARE LICENSE AGREEMENT

BY USING THIS SOFTWARE, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS AGREEMENT.  DO NOT USE THIS SOFTWARE UNTIL YOU HAVE CAREFULLY READ AND AGREED TO THE FOLLOWING TERMS AND CONDITIONS.  IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, PROMPTLY RETURN THE UNOPENED PACKAGE AND ANY ACCOMPANYING ITEMS.

LICENSE:  KAMIND Associates, Inc. doing business as KAM Industries grants you a limited right to use the enclosed software program (the "Software").  You will not use, copy, modify, rent, sell, reverse engineer, or transfer the Software or any portion thereof except as provided in this Agreement.

You may:
1.	Use the Server Software on a single computer;
2.	Copy the Software solely for backup or archival purposes,
3.	Use multiple clients per the simultaneous use license of your software for network
        (or local) clients,
4.	If a demonstration version, a limited use license is granted for the
        time period indicated in a one (1) time installation,
5.	If a non registered version (not activated),  a limited use license is granted for
        the time period indicated in a one (1) time installation, until software is activated, 
6.	Develop Train Server client software applications using the server software and application          software on a second computer.

RESTRICTIONS:
You Will Not:
1.	Use the Software or cause the Software to exceed the licensed simultaneous Use.
2.	Sublicense or Rent the Software,
3.	Reverse engineer, decompile, or disassemble the Software or serial number,
4.	Copy the Software except as provided in this Agreement;
5.	Distribute, publish your serial number or algorithms that generate the serial number,
6.	Distribute copyrighted software, documentation with out a KAM license agreement,
7.	Install demonstration versions or non registered versions (not activated) more then one (1) time         then the time period indicated in the licensed. 

TRANSFER:  You may transfer the Software to another party if the receiving party agrees to the terms of this Agreement and you retain no copies of the Software, serial number and accompanying documentation.  You must notify KAM with 15 calendar days that your software has transferred and have signed KAM’s transfer agreement.  Transfer of the license terminates your right to use the Software, all documentation and web site access.

INTELLECTUAL PROPERTY, COPYRIGHT PROTECTION:
Title to the Software and all copies thereof remain the property of KAM Industries or its vendors. The Software is copyrighted, patented and is protected by United States patent, copyright laws and international treaty provisions.  Except as expressly stated herein, this Agreement does not grant any intellectual property rights in software, services and all rights not expressly granted are reserved by KAM Industries.  You will not remove any intellectual property notice from the Software.  You agree to prevent any unauthorized copying of the Software and serial numbers.

WARRANTY:  KAM Industries warrants that it has the right to license you to use the Software.  KAM Industries warrants that the media on which the Software is furnished will be free from defects in material and workmanship under normal use for a period of thirty (30) calendar days from the date of purchase.  KAM Industries’ entire liability and your exclusive remedy shall be the replacement of the Software if the media on which the Software is furnished proves to be defective.  This warranty is void if the media defect has resulted from accident, abuse, or misapplication.  Any replacement of media will be warranted for the remainder of the original warranty period or thirty (30) calendar days, whichever is longer.

DISCLAIMER:  Except as provided above, all software, information and services are provided "AS IS" without warranty of any kind.

LIMITATION OF LIABILITY:  YOU AGREE THAT ABOVE WARRANTIES ARE THE ONLY WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE WHERE EXPRESS, IMPLIED, OR STATUATORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON INFRINGMENT.  NEITHER KAM INDUSTRIES NOR ITS VENDORS, DISTRUIBUTORS, OEMS OR DEALERS SHALL BE LIABLE FOR ANY LOSS OF USE, DATA OR PROFITS, INTERRUPTION OF BUSINESS, NOR FOR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR THE TORTUOUS ACTION, ARSING OUT OF OR IN CONENCTION WITH THE USE OF INFORMAITON, SOFTWARE PROGRAMS AND SERVICES OF ANY KIND WHETHER UNDER THIS AGREEMENT OR OTHERWISE. YOUR AND OUR TOTALLY LIABILITY FOR DIRECT DAMAGES RELATED TO THIS LICENSE WILL BE LIMITED TO 100% OF THE AMOUNT ACTUALLY PAID BY YOU FOR THIS PACKAGE.

AUDIT:  KAM Industries reserves the right to conduct or have conducted audits to verify your compliance with this Agreement.

TERMINATION OF THIS LICENSE:  This license is considered terminated at any time if you are in material or immaterial breach of any of its terms and conditions.  Upon termination, you will immediately destroy the Software and serial numbers or return all copies of the Software, serial numbers, and documentation to KAM Industries along with any copies you have made.

MISCELLANEOUS:  If a court holds any provision of this license to be illegal, invalid, or unenforceable, the remaining provisions will remain in full force and the parties will amend the agreement to give the stricken clause to the maximum extent possible.

U.S. GOVERNMENT RESTRICTED RIGHTS:  The Software and documentation are provided with "RESTRICTED RIGHTS."  Use, duplication or disclosure by the Government is subject to restrictions as set forth in FAR52.227-14 and DFAR252.227-7013 et seq. or its successor.  The use of this Software by the Government constitutes acknowledgement of KAM Industries’ proprietary rights in the Software.

EXPORT LAWS:  The software and associated programs are subject to U.S Export jurisdiction.  You agree to comply with all applicable international and national laws that apply including U.S.  Export administration Regulations as well as end user, end-use, and destination restrictions issued by U.S. and other governments

APPLICABLE LAW:  This Agreement is governed by the laws of the state of Oregon and the United States, including patent and copyright laws.  Any claim arising out of this Agreement shall be brought Federal Court in Portland, Oregon.  All parties agree that personal jurisdiction is proper in Portland, Oregon.


KAM INDUSTRIES, KAMIND ASSOCIATES INC. SOFTWARE LICENSE AGREEMENT
$Date 1/6/2008:16a $ $Revision: 11 $