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END USER LICENSE AGREEMENT

Please read the following terms and conditions carefully before using this SOFTWARE PRODUCT. Your use, distribution or installation of this copy of "Ultra App Kit" indicates your acceptance of this License.

SOFTWARE PRODUCT here means Software, image files, all accompanying files, data and materials received with your order of "Ultra App Kit".

This SOFTWARE PRODUCT is for personal use only and may be used by the Licensee, on one or more computers. Its component parts may not be separated for simultaneous use by more than one person. SOFTWARE PRODUCT may be accessed through a network only after obtaining a site license. All components accompanying the software are copyrighted by LEADWERKS SOFTWARE and may not be taken apart, modified, used or published with other software or means except with the SOFTWARE PRODUCT software and may not be distributed or copied in any manner.

You may use the SOFTWARE PRODUCT to create DLLs and GUI and command-line applications for personal or commercial purpose. You may not use this SOFTWARE PRODUCT to create derivative software development kits or application creation programs. You may not create any product that allows programmatic or other control over the SOFTWARE PRODUCT's API, unless usage of your software requires a license of the SOFTWARE PRODUCT in order to run.

This SOFTWARE PRODUCT, all accompanying files, data and materials, are distributed "AS IS" and with no warranties of any kind, whether express or implied. The user must assume all risk of using the program. This disclaimer of warranty constitutes an essential part of the agreement.

In no event shall LEADWERKS SOFTWARE, or its principals, shareholders, officers, employees, affiliates, contractors, subsidiaries, or parent organizations, be liable for any incidental, consequential, punitive or any other damages whatsoever relating to the use of SOFTWARE PRODUCT.

In addition, in no event does LEADWERKS SOFTWARE authorize you to use this SOFTWARE PRODUCT in applications or systems where SOFTWARE PRODUCT's failure to perform can reasonably be expected to result in a physical injury, or in loss of life. Any such use by you is entirely at your own risk, and you agree to hold LEADWERKS SOFTWARE harmless from any claims or losses relating to such unauthorized use.

This Agreement constitutes the entire 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 Agreement shall be governed by the laws of the United States of America.

LEADWERKS SOFTWARE is the owner of the copyright of this SOFTWARE PRODUCT. All of its derivatives, title and accompanying materials are the exclusive property of LEADWERKS SOFTWARE. All rights of any kind, which are not expressly granted in this License, are entirely and exclusively reserved to and by LEADWERKS SOFTWARE. You may not rent, lease, transfer, modify, translate, reverse engineer, de-compile, disassemble or create derivative works based on this SOFTWARE PRODUCT that violate the license agreement. You may not make access to SOFTWARE PRODUCT available to others in connection with a service bureau, application service provider, or similar business, or use this SOFTWARE PRODUCT in a business to provide file compression, decompression, or conversion services to others. There are no third party beneficiaries of any promises, obligations or representations made by LEADWERKS SOFTWARE herein.

You may not disclose to other persons the data or techniques relating to this SOFTWARE PRODUCT that you know or should know that it is a trade secret of the LEADWERKS SOFTWARE in any manner that will cause damage to LEADWERKS SOFTWARE.

This SOFTWARE PRODUCT and all services provided may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any UNITED STATES, State or City law is strictly prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, or material protected by trade secret and other statute. You agree to indemnify and hold LEADWERKS SOFTWARE harmless from any claims resulting from the use of this SOFTWARE PRODUCT, which may damage any other party.