license-evaluation.txt

 SOFTWARE EVALUATION LICENSE AGREEMENT

IMPORTANT - READ THIS CAREFULLY BEFORE INSTALLING, USING OR ELECTRONICALLY
ACCESSING THIS PROPRIETARY PRODUCT.

THIS SOFTWARE EVALUATION LICENSE AGREEMENT ("AGREEMENT") IS A LEGAL
AGREEMENT BETWEEN Service Stack TECHNOLOGIES, LLC ("Service Stack") AND THE BUSINESS
ENTITY ON WHOSE BEHALF YOU ("YOU") ARE ACTING ("CUSTOMER") AS THE END USER
OF THE Service Stack SOFTWARE PRODUCT ACCOMPANYING THIS AGREEMENT, WHICH INCLUDES
THE OBJECT CODE VERSION OF THE SOFTWARE AND MAY INCLUDE ASSOCIATED MEDIA,
PRINTED MATERIALS AND DOCUMENTATION (COLLECTIVELY, THE "SOFTWARE").
THE SOFTWARE ALSO INCLUDES ANY UPDATES OR UPGRADES TO OR NEW VERSIONS
OF THE ORIGINAL SOFTWARE, IF AND WHEN MADE AVAILABLE TO YOU BY Service Stack.

YOU AGREE THAT YOU ARE AN EMPLOYEE OR AGENT OF CUSTOMER AND ARE ENTERING
INTO THIS AGREEMENT TO EVALUATE THE SOFTWARE FOR USE BY CUSTOMER FOR
CUSTOMER'S OWN BUSINESS PURPOSES.  YOU HEREBY AGREE THAT YOU ENTER INTO
THIS AGREEMENT ON BEHALF OF CUSTOMER AND THAT YOU HAVE THE AUTHORITY TO
BIND CUSTOMER TO THE TERMS AND CONDITIONS OF THIS AGREEMENT.

Service Stack IS WILLING TO LICENSE THE SOFTWARE TO CUSTOMER ONLY ON THE
CONDITION THAT YOU ACCEPT ALL OF THE TERMS IN THIS AGREEMENT.  IF YOU
ARE ACCESSING THE SOFTWARE ELECTRONICALLY AND YOU AGREE TO THE TERMS OF
THIS AGREEMENT, SELECT THE "I AGREE" BUTTON OR TYPE "Y" BENEATH THIS
AGREEMENT TO COMPLETE YOUR ACCESS TO THE SOFTWARE.  BY INSTALLING,
DOWNLOADING, CONFIGURING, ACCESSING, OR OTHERWISE USING THE SOFTWARE,
INCLUDING ANY UPDATES, UPGRADES, OR NEWER VERSIONS, YOU ACKNOWLEDGE
THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND THIS AGREEMENT, AND THAT
CUSTOMER AGREES TO BE BOUND BY ALL OF THE TERMS OF THIS AGREEMENT.

1.  LICENSE GRANT.  Subject to the terms of this Agreement,
Service Stack grants to Customer, during the Term, a limited, revocable,
non-exclusive, non-transferable, non-sublicensable license to install
and use the Software on a single computer for a period until 31st December 2013 after
downloading of the Software (the "Evaluation Period") for the sole
purpose of evaluating the Software.  Customer shall not use the Software
in a production environment.  Customer may only use the Software for
evaluating the Software solely for Customer's own internal business
purpose in accordance with the Software documentation and other terms
and conditions of this Agreement.  Customer's right to use the Software
shall lapse at the end of the Evaluation Period and, at that time, the
Software will then become inoperable.  If Customer desires to continue
using the Software, Customer must pay the applicable fees and must enter
into another licensing agreement with Service Stack unless Service Stack agrees to
extend this Agreement upon request of Customer.  If Customer is interested
in a full commercial license, please contact:  team@servicestack.net.

2.  RESTRICTIONS ON USE.  Customer acknowledges that the Software
and the structure, organization, and source code thereof constitute
valuable trade secrets of Service Stack.  Accordingly, except as expressly
permitted in Section 1 or as otherwise authorized by Service Stack in writing,
Customer will not, and will not permit any third party to (a) modify,
adapt, alter, translate, or create derivative works from the Software;
(b) sublicense, lease, rent, loan, sell, distribute, make available or
otherwise transfer the Software to any third party; (c) reverse engineer,
decompile, disassemble, or otherwise attempt to derive the source code
for the Software; or (d) otherwise use or copy the Software except as
expressly allowed under Section 1 above.  Customer may not disclose to
third parties or through publication the results of performance/benchmark
tests run on the Software without the prior written consent of Service Stack.

3.  DELIVERY AND ACCEPTANCE.  The Software will be delivered
electronically pursuant to Service Stack' standards download procedures.
The Software is deemed accepted upon delivery.

4.  OWNERSHIP.  As between the parties, the Software and all
modifications and improvements to the Software, and all worldwide
intellectual property rights and proprietary rights relating thereto or
embodied therein, are the exclusive property of Service Stack and its suppliers.
Service Stack and its suppliers reserve all rights in and to the Software not
expressly granted to Customer in Section 1, and no other licenses or
rights are granted by implication, estoppel or otherwise.

5.  IMPLEMENTATION AND SUPPORT. Service Stack has no obligation under this
Agreement to provide any support or consultation concerning the Software;
provided, however, Service Stack may, in its sole discretion, provide Customer
with certain support and consultation free of charge to assist in the
evaluation activities of Customer under this Agreement. The furnishing of
such support or consultation will not subject Service Stack to any liability,
whether in contract, tort or otherwise.  Customer is responsible for
providing all applicable hardware and any third party software or required
installation and configuration services required for the operation of
the Software.  Any third party software license agreements will be agreed
to by Customer and the applicable third party software vendor.

6.  TERM AND TERMINATION.  This Agreement is effective upon acceptance
by Customer and shall continue until expiration of the Evaluation Period
unless sooner terminated by Service Stack for any reason whatsoever.  Customer
may terminate this Agreement at any time by destroying the Software and
notifying Service Stack at:  team@servicestack.net.  If Customer breaches any
provision of this Agreement, this Agreement will automatically terminate.
Upon the expiration of the Evaluation Period or any termination of this
Agreement, the license granted to Customer will terminate.  The provisions
of Sections 2, 4, 5, 6, 7, 8, 9, 10, 11 and 12 shall survive termination
or expiration of this Agreement for any reason.

7.  CONFIDENTIALITY.  Service Stack may disclose certain information
regarding the business of Service Stack and its suppliers, Including the
Software and technical, marketing, financial, employee, planning,
and other confidential or proprietary information of Service Stack or its
suppliers ("Confidential Information"). Any information that Customer
knew or should have known, under the circumstances, was considered
confidential or proprietary by Service Stack will be considered Confidential
Information. Customer agrees (a) not to disclose Confidential information
to any persons outside its organization, except to its consultants or
agents who agree in writing to protect such Confidential information as
required herein; and (b) to use the Confidential information only for
the purpose of evaluating the Software.

8.  DISCLAIMER.  CUSTOMER ACKNOWLEDGES AND AGREES THAT CUSTOMER'S USE
OF THE SOFTWARE IS ENTIRELY AT ITS OWN RISK AND THE SOFTWARE PROVIDED
BY Service Stack TO CUSTOMER IS PROVIDED "AS IS" WITHOUT ANY WARRANTY OF ANY
KIND WHATSOEVER. Service Stack, ON BEHALF OF ITSELF AND ITS SUPPLIERS, HEREBY
EXPRESSLY DISCLAIMS ALL WARRANTIES WITH REGARD TO THE SOFTWARE, WHETHER
EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, Including, WITHOUT LIMITATION,
ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, TITLE NON-INFRINGEMENT AND ANY WARRANTIES ARISING FROM COURSE
OF DEALING OR COURSE OF PERFORMANCE. TO THE EXTENT THAT, AS A MATTER OF
APPLICABLE LAW, ANY IMPLIED OR STATUTORY WARRANTY MAY NOT BE DISCLAIMED,
THE DURATION AND SCOPE OF SUCH WARRANTY SHALL BE THE MINIMUM PERMISSIBLE
UNDER SUCH APPLICABLE LAW.

9.  LIMITATION OF LIABILITY.  IN NO EVENT WILL Service Stack BE LIABLE FOR
ANY CONSEQUENTIAL, INDIRECT, EXEMPLARY, PUNITIVE, SPECIAL OR INCIDENTAL
DAMAGES, Including ANY LOST DATA AND LOST PROFITS, ARISING FROM OR
RELATING TO THE SOFTWARE OR THIS AGREEMENT, EVEN IF Service Stack HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Service Stack' TOTAL CUMULATIVE
LIABILITY IN CONNECTION WITH THIS AGREEMENT AND THE SOFTWARE, WHETHER
IN CONTRACT OR TORT OR OTHERWISE, WILL NOT EXCEED $1000.  CUSTOMER
ACKNOWLEDGES THAT THIS PROVISION REFLECTS THE AGREED UPON ALLOCATION
OF RISK FOR THIS AGREEMENT AND THAT Service Stack WOULD NOT ENTER INTO THIS
AGREEMENT WITHOUT THESE LIMITATIONS ON ITS LIABILITY.

10. COMPLIANCE WITH LAWS.  Customer shall comply with all laws,
regulations, rules, ordinances and orders applicable to its use of the
Software. Without limiting the foregoing, Customer shall comply with
the relevant export administration and control laws and regulations,
as may be amended from time to time, Including, without limitation, the
United States Export Administration Act, to ensure that the Software
is not shipped, transferred or exported (directly or indirectly) in
violation of U.S. law.

11. U.S. GOVERNMENT END USERS.  The Software is a "commercial item"
as that term is defined at 48 C.F.R. 2.101, consisting of "commercial
computer software" and "commercial computer software documentation" as
such terms are used in 48 C.F.R. 12.212.  Consistent with 48 C.F.R. 12.212
and 48 C.F.R. 227.7202-1 through 227.7202-4, all U.S. Government end
users acquire the Software with only those rights set forth therein.

12. MISCELLANEOUS.  Customer may not assign or delegate, directly or
indirectly, by operation of law or otherwise, this Agreement or any of its
rights or obligations under this Agreement (including the license rights
granted to Customer to the Software) to any third party.  Any attempted
assignment or transfer in violation of the foregoing will be null and
void and of no effect.  This Agreement will be subject to and governed
by the laws of the State of Nevada and the United States of America
without regard for its conflicts of law principles that would require
application of the laws of a different state or country. The federal
and state courts for Clark County Nevada shall have jurisdiction over
any disputes, claims or controversies arising out of or relating to this
Agreement, and Customer hereby irrevocably waives any objection to the
jurisdiction of such courts over any such dispute, claim or controversy.
All modifications, waivers and amendments must be in writing and signed
by both parties. Any waiver or failure to enforce any provision of
this Agreement on one occasion will not be deemed a waiver of any other
provision or of such provision on any other occasion. If any provision
of this Agreement is held by a court of competent jurisdiction to be
unenforceable for any reason, the remaining provisions hereof shall
be unaffected and continue in full force and effect.  This Agreement
constitutes the entire agreement between the parties regarding the
subject hereof and supersedes all prior or contemporaneous agreements,
understandings and communications, whether written or oral.