License Agreement
 
CYBOTICS TECHNOLOGIES LTD.
CYBOTICS SEARCH ENGINE BETA EVALUATION
LICENSE AGREEMENT

IMPORTANT - READ CAREFULLY. This license agreement ("License") contains rights and restrictions associated with use of the accompanying software ("Software"). Read the License carefully. By installing, copying, or otherwise using the software, you consent to be bound by the terms of this License.

Software License

The Software Product is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The Software Product is licensed, not sold.

1.    Grant of License

Cybotics Technologies Ltd. ("Cybotics") hereby grants you ("Licensee") a nonexclusive, nontransferable, worldwide, royalty-free license to use this pre-release version of the Cybotics Search Engine (the "Software"). Licensee agrees that it shall use the Software provided hereunder solely for internal evaluation purposes.

2.    Ownership

Title, ownership rights and intellectual property rights in and to the Software shall remain in Cybotics and/or its licensors and are protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The Software Product is licensed, not sold. There is no transfer to Licensee of any title to or ownership of the Software. Licensee shall not make copies of Software, other than a single copy of Software for back-up or archival purposes. No right, title or interest in and to any trademarks or trade names of Cybotics is granted hereunder. All rights not specifically granted under this License are reserved by Cybotics Technologies Limited.

3.    Description of Other Rights and Limitations

Licensee shall not modify, reverse engineer, decompile, disassemble, decrypt or extract the Software Product. The Software Product is licensed as a single product. Its component parts may not be separated for use. Software may not be transferred, leased, assigned, or sublicensed, in whole or in part.

4.    Termination

This License is effective until terminated. Licensee may terminate it at any time by destroying all complete and partial copies of the Software including any documentation and backup copies. Without prejudice to any other rights, Cybotics may terminate this License Agreement if Licensee fails to comply with any provision of this License. Upon termination, Licensee agrees to destroy all copies of Software.

5.    Confidentiality

Software is confidential and proprietary information of Cybotics and/or its licensors. Licensee agrees to take adequate steps to protect Software from unauthorized disclosure or use.

6.    Disclaimer of Warranty

THE SOFTWARE IS PROVIDED "AS IS", WITHOUT A WARRANTY OF ANY KIND. CYBOTICS ASSUMES NO RESPONSIBILITY FOR THE SELECTION OF THIS SOFTWARE TO ACHIEVE ANY INTENDED PURPOSES, FOR THE PROPER INSTALLATION AND/OR USE OF THIS SOFTWARE OR FOR VERIFYING THE RESULTS OBTAINED FROM USE OF THIS SOFTWARE.

ALL EXPRESS OR IMPLIED REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, ARE HEREBY EXCLUDED.

7.    Limitation of Liability

IN NO EVENT SHALL CYBOTICS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, CONSEQUENTIAL, INCIDENTAL, INDIRECT, ECONOMIC OR PUNITIVE DAMAGES, OR DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION OR OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF CYBOTICS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

8.    Severability

If any of the above provisions 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 Cybotics' opinion deletion of any provisions of the License by operation of this paragraph unreasonably compromises the rights or liabilities of Cybotics, Cybotics reserves the right to terminate the License.

9.    Entire Agreement; Governing Law

This License Agreement constitutes the entire agreement between Licensee and Cybotics with regard to the subject matter hereof and supersedes any and all prior agreements, understandings and representations, whether written or oral, concerning the subject matter of this License Agreement.

This License Agreement is governed by and interpreted in accordance with the law of Hong Kong.

Copyright © 1997 Cybotics Technologies Ltd. All Rights Reserved.