Maneki EULA

1. License. Subject to the terms of this Agreement, JCUBE hereby grants you a revocable, non-exclusive, non-transferable, 30 days license to use the evaluate the Software onto a single computer for your personal use or own internal business and to make protection backup copies of the Software, provided that any and all copies made must contain all of the original and unmodified proprietary notices, including, but not limited to, this License Agreement. If you wish to install the software on multiple computers ("Concurrent Installations"), or to allow the software to be used concurrently or near-concurrently by more than one user ("Concurrent users"), whether through Concurrent Installation or through installation on a network server or other shared installation for use or access by Concurrent Users, you must purchase additional Licenses for each Concurrent User or Concurrent Installation or Concurrent Use.
2. License Fee. The "Trial" version of the Software is free of charge and you do not have to pay a License Fee. The "Trial" version is limited to ONE copy per SITE. For any other version of the Software you agree to pay JCUBE or its authorized agents or distributors the License Fee and/or Maintenance Fee as per JCUBE's pricing policy for each Concurrent User or Concurrent Installation or Concurrent Use. You specifically agree to make sure that the number of Concurrent Users or Concurrent Installations or Concurrent Use does not exceed the number of Licenses obtained and paid for.
3. Restrictions. You acknowledge and agree that you shall not (a) modify or create any derivative works of the Software; (b) attempt to disable the Software by any means or in any manner; (c) attempt to tamper with the restrictions of the "Trial" version of the software, including any watermark that may be generated by the Software; (d) attempt to decompile, disassemble, reverse engineer, or otherwise attempt to derive the source code for the Software (except to the extent applicable laws specifically prohibit such restriction); (e) redistribute, encumber, sell, rent, lease, sublicense, or otherwise transfer or disclose the Software to any third party; or (f) remove or alter any trademark, logo, copyright or other proprietary notice, legend, symbol or label in the Software.
4. Ownership. All right, title and interest in and to all copies of the Software, including, but not limited to, intellectual property rights, remains with JCUBE or its third party suppliers. The Software is copyrighted and protected by international laws. JCUBE may make changes to the Software, or to items referenced therein, at any time without notice. Except as otherwise expressly provided, JCUBE grants no express or implied right under JCUBE's or any of its third party suppliers' patents, copyrights, trademarks, or other intellectual property rights. You agree that you will take no action that might jeopardize, limit, or interfere in any way with JCUBE's or its third party suppliers' ownership or other rights regarding the Software.

1. All intellectual property rights including, without limitation, all rights under any applicable patents, trademarks, copyrights and trade secrets related to the Licensed Materials and to any copies thereof made by you are the property of, or are licensed to, JCUBE. You shall not during, or any time after the termination of this Agreement, permit any act which infringes those rights. Without limiting the generality of the foregoing, you specifically acknowledge that you may not copy the Software except as expressly authorized by this Agreement.
2. JCUBE shall defend or, at its option, settle, any claim or proceeding brought against you to the extent that it is based on an assertion that your authorized use of the Licensed Materials constitutes direct infringement of any copyright, trademark, trade secret or patent(s), and shall indemnify you against all reasonable costs, damages and expenses finally awarded against you which result from any such claim, PROVIDED THAT you notify JCUBE promptly in writing of any such claim or proceeding and give JCUBE full and complete authority, information and assistance to defend such claim or proceeding and all negotiations for a compromise or settlement. JCUBE shall have no liability or obligation to you for any patent or copyright infringement or claim thereof based upon any addition to or modification of the Licensed Materials made after installation by any person or entity other than JCUBE; JCUBE shall have no obligation hereunder for any costs incurred by you without JCUBE express prior written authorization.
3. If the Licensed Materials or any part thereof becomes, or in JCUBE's opinion is likely to become, the subject of a claim of infringement, JCUBE shall have the right, at JCUBE's option and expense, to (i) procure for you the right to continue using the Software, (ii) replace or modify the Software so that it becomes non-infringing, or (iii) refund the amounts actually paid to JCUBE by you under this Agreement, less a reasonable allowance to provide for use of the Software by you prior to the date of the refund.

In no event shall JCUBE or copyright holders be liable for any damages whatsoever, including - but not restricted to - lost revenue or profits or other direct, indirect, special, incidental or consequential damages, even if they have been advised of the possibility of such damages, except to the extent invariable law, if any, provides otherwise.

The Software is provided AS IS with NO WARRANTY OF ANY KIND, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. You acknowledge that the Software is not error free and further acknowledge that the existence of any such errors shall not constitute a breach of JCUBE's obligations.

This Agreement shall be effective unless and until terminated. JCUBE may, without prejudice to any other rights under this Agreement or applicable law, terminate the license granted in this Agreement at any time without prior notice to you if you fail to comply with any of the terms and conditions of this Agreement. Upon any termination of this Agreement, all rights granted to you under this Agreement shall immediately terminate, and you shall immediately destroy the Software or return all copies of the Software. Termination of this Agreement for any reason shall not affect the validity and enforceability of (a) any rights of a party against the other party which accrued up to and including termination; or (b) the provisions of this Agreement which by their nature survive termination, namely, Intellectual Property and Trade Secrets, Warranties and Limitations of Liability.

JCUBE shall have the right to inspect, upon reasonable prior notice and during normal business hours, any of your locations at which any Software is used or kept to ensure or confirm compliance with the terms of this Agreement.

1. Severance. In the event that one or more of the provisions contained in this Agreement shall for any reason be held invalid, illegal or unenforceable in any respect, no other provisions contained in the Agreement shall be affected.
2. Waiver. No waiver, alteration, modification, or cancellation of any of the provisions of this Agreement shall be binding unless made in writing and signed by the parties. The failure of either party to require performance of any provision of this Agreement shall not affect the right at a later time to enforce such provision.