StarBurn SDK 10

End User License Agreement for the StarBurn SDK (Software Development Kit)

This License is an evaluation copy of the StarBurn SDK (Software Development
Kit). If you have purchased a commercial license, the "STARBURN SOFTWARE
LICENSING AGREEMENT" applies.

BEFORE YOU USE THE SOFTWARE DISTRIBUTED WITH THIS LICENSE AGREEMENT, CAREFULLY
READ THE TERMS AND CONDITIONS OF THIS AGREEMENT. BY USING THE SOFTWARE, YOU ARE
CONSENTING TO BE BOUND BY AND ARE BECOMING A PARTY TO THIS AGREEMENT. IF YOU DO
NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, DO NOT USE THE SOFTWARE AND
DESTROY ALL COPIES OF THE SOFTWARE FROM YOUR COMPUTER.

1. Rocket Division Software (the "Company") grants you (the "Customer")
a worlwide, non-exclusive, restricted right and license to use the
accompanying StarBurn SDK (Software Development Kit) libraries and sample
code (the "Software"), in binary executable form for evaluation and trial
use purposes only. The Software is formed of the StarBurn libraries and
sample source code.

2. 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. Customer must not allow
copies of the Software or any part of it to be made or distributed to
anyone else. Customer may make backup copies of the software for
archival purposes only.

3. The Software is licensed for use on a single computer. Customer
may delete the Software from one computer and reinstall it on another,
but Customer may not install the Software on more than one computer at
any given time without the Company`s prior written permission.

4. The Software may not be rented, leased, or in any other manner
commercially exploited without the Company`s prior written permission.
This License is personal to Customer and Customer agrees not to assign
your rights herein.

5. LIMITATION OF WARRANTY. THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES
ABOUT THE SUITABILITY OF THIS SOFTWARE OR ABOUT ANY CONTENT OR INFORMATION PLAYED
BY THE SOFTWARE, FOR ANY PURPOSE. THE SOFTWARE IS PROVIDED `AS IS` WITHOUT EXPRESS
OR IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR
A PARTICULAR PURPOSE OR NONINFRINGEMENT. THE COMPANY MAY NOT SUPPORT THIS SOFTWARE
AND MAY NOT ISSUE UPDATES TO THIS SOFTWARE.

6. All video, audio, and other content accessed through the Software is
the property of the applicable content owner and may be protected by
applicable copyright law. This License gives Customer no rights to
such content, and Company disclaims any liability for misuse of
content.

7. While the Company intends to distribute a commercial release of the
Software, it reserves the right at any time not to release a commercial
release of the Software or, if released, to alter prices, features,
specifications, capabilities, functions, licensing terms, release
dates, general availability or other characteristics of the commercial
release.

8. Title, ownership rights, and intellectual property rights in and to
the Software shall remain in the Company and/or its suppliers.
Customer agrees to abide by the copyright law and all other applicable
laws of the United States including, but not limited to, export control
laws. Customer acknowledges that the Software remains proprietary and
confidential information and intellectual property of the Company
and/or its suppliers and therefore Customer agrees not to modify the
Software or attempt to decipher, decompile, disassemble or reverse
engineer the Software, except to the extent applicable laws
specifically prohibit such restriction. Reproduction and/or
redistribution of any portion of the Software is specifically
prohibited without the Company`s prior written permission.

9. The Company may terminate this License at any time by delivering
notice to Customer and Customer may terminate this License at any time
by destroying or erasing Customer`s copy of the Software. Upon
termination of this License, or in any event within thirty (30) days
following the execution of a commercial license between Customer and
the Company for the license of the Software, Customer agree to destroy
or erase this evaluation version of Software, unless otherwise provided
for in the commercial license. However, in case of termination,
Sections 5 through 10 of this Agreement shall indefinitely survive its
termination. This License shall be governed by and construed in
accordance with the laws of the State of California with exclusive
venue in courts located in the San Francisco County, California, and,
as to matters affecting copyrights, trademarks and patents, by U.S.
federal law. This License sets forth the entire agreement between the
Company and Customer.

10. DISCLAIMER OF LIABILITY. THE COMPANY OR ITS SUPPLIERS SHALL NOT BE LIABLE
FOR (a) DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR INDIRECT DAMAGES OF ANY
SORT WHATSOEVER, WHETHER ARISING IN TORT, CONTRACT OR OTHERWISE, (INCLUDING WITHOUT
LIMITATION DAMAGES FOR LOSS OF BUSINESS PROFITS, REVENUES, OR INFORMATION, OR FOR
BUSINESS INTERRUPTION) RESULTING FROM CUSTOMER`S USE OF THE SOFTWARE OR INABILITY TO
USE THE SOFTWARE, EVEN IF THE COMPANY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES,
OR (b) FOR ANY CLAIM BY ANY OTHER PARTY THAN CUSTOMER. THIS DISCLAIMER OF LIABILITY SHALL NOT
APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY WHERE THE APPLICABLE LAW PROHIBITS SUCH
LIMITATION. FURTHERMORE, SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL
OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO CUSTOMER.

11. HIGH RISK ACTIVITIES. The Software 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 in 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
Software could lead directly to death, personal injury, or severe
physical or environmental damage ("High Risk Activities"). The Company
and its suppliers specifically disclaim any express or implied warranty
of fitness for High Risk Activities.