LICENSE AGREEMENT Warning: IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT INSTALL, COPY OR USE THIS SOFTWARE. By installing, copying, or otherwise using Miraplacid Data Viewer, you agree to be bound by the terms listed below. 1. Limited License Grant. This License agreement grants you ("Licensee") a worldwide, non-exclusive, non-transferable limited permission to download and install Miraplacid Data Viewer and accompanying documentation ("Software"). This agreement grants you permission to use Software during the trial period without obtaining a license. Licensee shall obtain a Miraplacid Data Viewer license to use Software after trial period expired. Licensee shall obtain Miraplacid Data Viewer license for each copy of the Software installed. Personal license is free, but Licensee must comply with this License Agreement. Miraplacid Data Viewer license can be requested from Miraplacid web site http://www.miraplacid.com/ The Software is licensed, not sold. The Software is protected by copyright law and international copyright treaty provisions, as well as other intellectual property laws and treaties. Licensee may make as many copies of Software as needed, provided that this License conspicuously appears with all copies of Software. 2. Restrictions. Software is copyrighted information of Miraplacid as indicated in the copyright notice in each file retain title to all copies. Regardless of whether you have license or not, you may not reverse engineer, decompile, or disassemble the Software, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation. The Software shall not be used for commercial or production purposes and may only be installed on a personally owned computer that does not belong to any business or institution and is not used by or on behalf of any business or institution. A Personal Use license expressly prohibits: (a) any direct or indirect monetary benefit from the use of the Software, (b) the use of the Software within the context of a home-based or part-time business, and (c) the use of the Software for any commercial, business, governmental, or institutional purpose (including educational and not-for-profit) of any kind. You may not sublicense, sell, lease or transfer the license to a commercial user. 3. Names and Logos. Licensee is not authorized to use any Miraplacid name or logo in any other way without Miraplacid's prior written approval. 4. Disclaimer of Warranty. Licensee expressly acknowledges and agrees that use of Software is at its sole risk. Software is provided "AS IS," without a warranty of any kind. ALL EXPRESS OR IMPLIED REPRESENTATIONS AND WARRANTIES, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, ARE HEREBY EXCLUDED. MIRAPLACID DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN Software WILL MEET LICENSEE'S REQUIREMENTS, OR THAT THE OPERATION OF Software WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN Software WILL BE CORRECTED. FURTHERMORE, MIRAPLACID DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF Software IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY MIRAPLACID OR ITS AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. SHOULD Software PROVE DEFECTIVE, LICENSEE (AND NOT MIRAPLACID OR ITS AUTHORIZED REPRESENTATIVE) SHALL ASSUME AND PAY THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. 5. Limitation of Liability. MIRAPLACID SHALL NOT BE LIABLE FOR ANY DAMAGES SUFFERED BY LICENSEE OR ANY THIRD PARTY AS A RESULT OF USING OR DISTRIBUTING SOFTWARE. IN NO EVENT WILL MIRAPLACID BE LIABLE FOR ANY LOST REVENUE, PROFIT OR DATA, OR FOR DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT OF THE USE OF OR INABILITY TO USE Software, EVEN IF MIRAPLACID HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL MIRAPLACID'S OR TOTAL LIABILITY TO LICENSEE FOR ALL DAMAGES, LOSSES, CLAIMS AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE AMOUNT PAID BY LICENSEE FOR Software. 6. Termination. Licensee may terminate this License at any time by destroying all copies of Software. This License will terminate immediately without notice from Miraplacid if Licensee fails to comply with any provision of this License. Upon such termination, Licensee must destroy all copies of Software. The provisions of Paragraphs 3, 4, 5, 7 and 9 survive termination of this Agreement. 7. Severability. If any of the provisions of this License are held to be in violation of applicable law, void, or unenforceable in any jurisdiction, then such provisions are herewith waived to the extent necessary for the License to be otherwise enforceable in such jurisdiction. However, if in Miraplacid's opinion deletion of any provisions of the License by operation of this paragraph unreasonably compromises the rights or increase the liabilities of Miraplacid or Miraplacid reserves the right to terminate the License and refund the fee paid by Licensee, if any, as Licensee's sole and exclusive remedy. 8. Complete Agreement. This License constitutes the entire agreement between the parties with respect to the use of Software and supersedes all prior or contemporaneous representations, understandings or agreements, written or oral, regarding such subject matter. No amendment to or modification of this License will be binding unless in writing and signed by a duly authorized representative of Miraplacid. 9. Miraplacid Data Viewer uses hex viewer control from Be.HexEditor solely in object form to display file content in hexdecimal format. No contributors to Be.Hexeditor hex viewer control will be liable be liable for any of those types of damages known as indirect, special, consequential, or incidental related to the Software or this license, to the maximum extent the law permits, no matter what legal theory it’s based on.