Compass Silver Beta License Agreement, version 1.0

Overview

THIS IS A LEGAL AGREEMENT BETWEEN YOU (AS A REPRESENTATIVE OF YOUR COMPANY) AND JBlade LLC. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT DO NOT DOWNLOAD THE SOFTWARE FROM THE JBlade WEB SITE AND DO NOT USE THE SOFTWARE.

1. Grant of License

JBlade grants to you a non-exclusive, non-transferable license, without right to sublicense, distribute or modify, for you and your employees to use the enclosed software and related documentation (collectively the 'Product') as delivered by JBlade only at one location for the testing and evaluation. If the terms of this license agreement are violated, JBlade immediately terminates said license and the customer is subject to the liability of any harm done to JBlade LLCoration.

2. Title

The product is copyrighted by JBlade. JBlade retains all rights, title, and ownership of the Product and all subsequent full or partial copies and derivatives of the Product, made by you or JBlade, including translations, compilations, partial copies, modifications, updates and know-how in connection there with, regardless of the form or media in or on which the same may exist. This license is not a sale of the Product or any copy or derivative. You shall have no right to reproduce any full or partial copies of the Product. You agree not to take any steps, such as reverse assembly or reverse compilation, to derive a source code equivalent of any software contained in the product. You also agree to destroy licensed data in all forms upon termination of said license or receipt of released program code.

3. Time Period

This agreement allows you to use the product between March 18, 2010 and June 1, 2010. After June 1, 2010 all copies of the downloaded software must be destroyed. You can not use any software provided under this agreement after September 27, 2009

4. Confidentiality

You agree that the product, and other information, technical data, or know-how (including documentation) related to the Product (including the existence of the product and the results of use or testing), shall be considered Confidential Information of JBlade. You agree to protect the confidentiality of all Confidential Information of JBlade, and not to disclose the Confidential Information to any other party without the written permission of JBlade. Unauthorized use or disclosure of the Product may cause irreparable harm to JBlade. You agree promptly to report any unauthorized use or disclosure to JBlade.

5. Warranty Exclusion

YOU UNDERSTAND THAT THIS PRODUCT IS A PRE-RELEASE VERSION ONLY, IS STILL UNDERGOING TESTING AT JBlade, AND IS NOT A JBlade PRODUCTION-RELEASED PRODUCT. THE PRODUCT IS PROVIDED 'AS IS'. THERE ARE NO WARRANTIES UNDER THIS AGREEMENT, AND JBlade DISCLAIMS ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE.

6. Limitation of Liability

IN NO EVENT SHALL JBlade LLC BE LIABLE FOR ANY LOSS OF PROFITS, LOSS OF USE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES PURSUANT TO THIS AGREEMENT.

7. Indemnification

You hereby agree to indemnify, defend and hold JBlade harmless from and against any and all claims, actions, suits, liabilities, judgments, losses, damages, attorneys' fees and other expenses of every nature and character by reason of this Agreement or use by you of products utilizing the Product.

8. Governing Law

All matters relating to your access to, and use of, the Product shall be governed by U.S. federal law or the laws of the State of Florida. Any legal action or proceeding relating to your access to, or use of, the Product shall be instituted in a state or federal court in Fort Lauderdale, Broward County, Florida. You and JBlade LLC agree to submit to the jurisdiction of, and agree that venue is proper in, these courts in any such legal action or proceeding.