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The Seed @II - Dream, Remember, Explore

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Trial password: 'demo' or 'beta'

Seed @II and DreamPad (r) 4.01 END-USER LICENSE AGREEMENT
Redistribution Or Rental Not Permitted

These terms apply to Seed @II and DreamPad 7.01

BY CLICKING THE "ACCEPT" BUTTON OR INSTALLING OR USING 
THE Seed @II or Dreampad SOFTWARE (THE "PRODUCT"), YOU ARE 
CONSENTING TO BE BOUND BY AND BECOME A PARTY TO THIS 
AGREEMENT AS THE "LICENSEE."

IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS 
AGREEMENT, YOU MUST NOT CLICK THE "ACCEPT" BUTTON, YOU 
MUST NOT INSTALL OR USE THE PRODUCT, AND YOU DO NOT 
BECOME A LICENSEE UNDER THIS AGREEMENT.

1.  LICENSE AGREEMENT.  i) if Licensee acquired the Product as a bundled component of 
a third party product or service, then such third party shall be Licensor; and 
(ii) if any third party software is included as part of the Product installation 
and no license is presented for acceptance the first time that third party 
software is invoked, then the use of that third party software shall be governed 
by this Agreement, but the term "Licensor," with respect to such third party 
software, shall mean the manufacturer of that software and not Seed @II and DreamPad.  
With the exception of the situation described in (ii) above, the use of any 
included third party software product shall be governed by the third party's 
license agreement and not by this Agreement, whether that license agreement 
is presented for acceptance the first time that the third party software is 
invoked, is included in a file in electronic form, or is included in the package 
in printed form.  If more than one license agreement was provided for the 
Product, and the terms vary, the order of precedence of those license 
agreements is as follows: a signed agreement, a license agreement available 
for review on the Seed @II and DreamPad website, a printed or electronic agreement that 
states clearly that it supersedes other agreements, a printed agreement 
provided with the Product, an electronic agreement provided with the Product.

2.  LICENSE GRANT.  Licensor grants Licensee a non-exclusive and non-
transferable license to reproduce and use for personal or internal business 
purposes the executable code version of the Product, provided any copy must 
contain all of the original proprietary notices.  This license does not entitle 
Licensee to receive from Seed @II and DreamPad or its suppliers hard-copy documentation, 
technical support, telephone assistance, or enhancements or updates to the 
Product.

3.  RESTRICTIONS.  Except as otherwise expressly permitted in this 
Agreement, theLicensee may not: 
(i) modify or create any derivative works of the Product or documentation, 
including customization, translation or localization; (ii) decompile, 
disassemble, reverse engineer, or otherwise attempt to derive the source code 
for the Product (except to the extent applicable laws specifically prohibit such 
restriction or as provided by the Seed @II and DreamPad Public License 
(iii) redistribute, encumber, sell, rent, lease, sublicense, or otherwise transfer 
rights to the Product; (iv) remove or alter any trademark, logo, copyright or 
other proprietary notices, legends, symbols or labels in the Product; or 
(v) publish any results of benchmark tests run on the Product to a third party 
without Seed @II and DreamPad's prior written consent.

4.  FEES.  There is no license fee for the trial Product.  If Licensee wishes to 
receive the Product on media, there will be charges for the media and 
for shipping and handling.  Licensee is responsible for any and all taxes.

5.  TERMINATION.  Without prejudice to any other rights, Licensor may 
terminate this Agreement if Licensee breaches any of its terms and conditions.  
Upon termination, Licensee shall destroy all copies of the Product.

6.  PROPRIETARY RIGHTS.  Title, ownership rights, and intellectual 
property rights in the Product shall remain in Seed @II and DreamPad and/or its suppliers.  
Licensee acknowledges such ownership and intellectual property rights and 
will not take any action to jeopardize, limit or interfere in any manner with 
Seed @II and DreamPad's or its suppliers' ownership of or rights with respect to the Product.  
The Product is protected by copyright and other intellectual property laws and 
by international treaties.  Title and related rights in the content accessed 
through the Product are the property of the applicable content owner and are 
protected by applicable law.  The license granted under this Agreement gives 
Licensee no rights in or to such content.

7.  DISCLAIMER OF WARRANTY.  THE Trial copy only IS PROVIDED 
FREE OF CHARGE AND ON AN "AS IS" BASIS, WITHOUT 
WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING 
WITHOUT LIMITATION THE WARRANTIES THAT THE PRODUCT IS 
FREE OF DEFECTS, VIRUS FREE, ABLE TO OPERATE ON AN 
UNINTERRUPTED BASIS, MERCHANTABLE, FIT FOR A 
PARTICULAR PURPOSE OR NON-INFRINGING, UNLESS SUCH 
WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION.  
LICENSOR AND ITS SUPPLIERS HAVE NO LIABILITY WITH 
RESPECT TO USE OF THE PRODUCT.  THE ENTIRE RISK AS TO THE 
QUALITY AND PERFORMANCE OF THE PRODUCT IS BORNE BY 
LICENSEE, WHO ASSUMES THE ENTIRE COST OF ANY SERVICE 
AND REPAIR.  IN ADDITION, THE SECURITY MECHANISMS 
IMPLEMENTED BY THE PRODUCT HAVE INHERENT LIMITATIONS, 
AND LICENSEE MUST DETERMINE THAT THE PRODUCT 
SUFFICIENTLY MEETS ITS REQUIREMENTS.  THIS DISCLAIMER OF 
WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS 
AGREEMENT.  NO USE OF THE PRODUCT IS AUTHORIZED 
HEREUNDER EXCEPT UNDER THIS DISCLAIMER.

8.  EXPORT / IMPORT.  Licensee agrees to comply with all export and 
import laws and restrictions and regulations of the United States and foreign 
countries, and not to export, re-export or import the Product or any direct 
product thereof in violation of any such restrictions, laws or regulations, or 
without all necessary authorizations.  Neither the Product nor the underlying 
information or technology may be downloaded or otherwise exported or re-
exported (i) to Cuba, Iran, Iraq, Libya, North Korea, Sudan, Syria, or any 
other country subject to U.S. trade sanctions applicable to the Product, to 
individuals or entities controlled by such countries, or to nationals or residents 
of such countries other than nationals who are lawfully admitted permanent 
residents of countries not subject to such sanctions; or (ii) to any named party 
or individual on the U.S. Department of Treasury, Office of Foreign Assets 
Control list of Specially Designated Nationals and Blocked Persons, and/or 
the U.S. Department of Commerce, Bureau of Export Administration Denied 
Persons List or Entity List.  Licensee acknowledges that the software contains 
encryption technology, the export of which is restricted by the U.S. and 
certain foreign laws.  By downloading or using the Product, Licensee agrees 
to the foregoing, and represents and warrants that it complies with these 
conditions.

9.  HIGH RISK ACTIVITIES.  The Product is not fault-tolerant and is not 
designed, manufactured or intended for use or resale as on-line control 
equipment in hazardous environments requiring fail-safe performance, such 
as, but not limited to, the operation of nuclear facilities, aircraft navigation or 
communication systems, air traffic control, direct life support machines, or 
weapons systems, in which the failure of the Product could lead directly to 
death, personal injury, or severe physical or environmental damage ("High 
Risk Activities").  Accordingly, Licensor and its suppliers specifically 
disclaim any express or implied warranty of fitness for High Risk Activities.  
Licensee agrees that Licensor and its suppliers will not be liable for any 
claims or damages arising from the use of the Product in such applications.

10.  U.S. GOVERNMENT END-USERS.  The Product is a "commercial 
item," as that term is defined in 48 C.F.R. 2.101 (Oct. 1995), consisting of 
"commercial computer software" and "commercial computer software 
documentation," as such terms are used in 48 C.F.R. 12.212 (Sept.  1995).  
Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 
227.7202-4 (June 1995), all U.S. Government End-Users acquire the Product 
with only those rights set forth herein.

11.  MISCELLANEOUS.  (a) Except to the extent applicable law, if any, 
provides otherwise, this Agreement shall be governed by the laws of the 
Commonwealth of Virginia, U.S.A., excluding its conflict of law provisions.  
(b) Licensee expressly agrees that jurisdiction for any claim or dispute arising 
from the use of the Product resides in the federal and state courts of the 
Commonwealth of Virginia.  (c) This Agreement shall not be governed by the 
United Nations Convention on Contracts for the International Sale of Goods.  
(d) If any part of this Agreement is held invalid or unenforceable, that part 
shall be construed to reflect the parties' original intent, and the remaining 
portions remain in full force and effect.  (e) The controlling language of this 
Agreement is English.  If Licensee has received a translation into another 
language, it has been provided for Licensee's convenience only.  (f) A waiver 
by either party of any term or condition of this Agreement or any breach 
thereof, in any one instance, shall not waive such term or condition or any 
subsequent breach thereof.  (g) Licensee may not assign or otherwise transfer 
by operation of law or otherwise this Agreement or any rights or obligations 
herein except in the case of a merger or the sale of all or substantially all of 
Licensee's assets to another entity.  (h) This Agreement shall be binding upon 
and shall inure to the benefit of the parties, their successors and permitted 
assigns.  (i) Neither party shall be in default or be liable for any delay, failure 
in performance (excepting the obligation to pay) or interruption of service 
resulting directly or indirectly from any cause beyond its reasonable control.  
(j) If any dispute arises under this Agreement, the prevailing party shall be 
reimbursed by the other party for any and all legal fees and costs associated 
therewith.  (k) Licensor may use Licensee's name in any customer reference 
list or in any press release issued by Licensor regarding the licensing of the 
Product and/or provide Licensee's name and the names of the Product licensed 
by Licensee to third parties.

Seed @II and DreamPad rev. 10/08/05

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Please press the 'Accept' button to go to the download page Trial password: 'demo' or 'beta'

Please press the 'Accept' button to go to the download page
Trial password: 'demo' or 'beta'