Cmobilecom Software License

This license is a legal agreement between Cmobilecom Corporation and you for
the Cmobilecom software that accompanies this agreement. You agree to be bound
by all the terms and conditions of this agreement by installing, copying, 
using or distributing the software.

1. Definitions

a. "Cmobilecom" means Cmobilecom Corporation, New York, USA.

b. "The Software" means any of the software programs released by Cmobilecom
   in object code form only, including stable releases, early releases
   (including milestones and release candidates), updates, add-on modules,
   examples and documentations. The Software includes Cmobilecom JPA,
   Cmobilecom AF, applications, modules, libraries and installer. Examples
   are released in source code form.

c. "You"(or "Your") means an individual or legal entity exercising rights
   granted by this license.

d. "Object code" means binary code or java byte code that can be executed by
   machine or java virtual machine.

e. "Source code" means human-readable code that needs to be compiled into
   object code or byte code in order to be executable by machine or java
   virtual machine. Source code is a code form for software development and 
   maintenance.

2. Grant Of License

Subject to all the terms and conditions of this agreement, Cmobilecom grants
you non-exclusive, non-transferable, non-assignable limited license to use,
distribute and/or host the Software in object code form.

3. Development and Production

You may evaluate the Software for development purpose. During evaluation, the
Software may impose some limitations including limited functionalities and/or
maximum number of data records.

If commercial license is required for production including internal use,
hosting and distribution, you agree to pay license fee before due date.

If you develop multiple products using the Software, then a separated license
will be required for the Software used in each product.

4. Use Of License Files And Credentials

If license files (or credentials) issued by Cmobilecom are required to run the
Software,

a. You may not disclose license files(or credentials) to any third party.
   License files and credentials are confidential.
b. You may not install licenses using license files(or credentials) in more
   instances than permitted.
c. You may not use any license files(or credentials) that do not belong to
   you (you are not the licensee).
d. You may not change computer clock to circumvent license expiration date
   (if any).

5. Restrictions Of Use

a. The Software is copyrighted. Title to the Software is retained by its
   copyright owner, and the Software is not sold.
b. You may not rent, sell, lease, assign or transfer the Software.
c. You may not disassemble, decompile or reverse engineer the Software.
d. You may not modify the Software except only those configurations and
   extensions (if any) described in the documentations accompanying the
   Software.
e. You may not create a derivative work based on the Software.
f. You may not circumvent any restrictions(if any) of the Software.
g. You may not disclose any benchmarking results of the Software without
   Cmobilecom's prior consent.

6. Distribution

If you develop your own products using the Software and require the
distribution of the Software, Cmobilecom grants you the license to bundle the
Software with your products for distribution subject to the following
additional terms and conditions:

a. Your products add significant functionalities to the Software.
b. You agree to provide technical support of the Software for your customers
   if applicable.
c. You agree to retain all the copyright notices, and provide this license
   and third party licenses(including NOTICE.txt files) to your customers.
d. You agree to defend and indemnify Cmobilecom and its licensors against any
   damages, liabilities, costs(including attorneys' fees) related to any claim,
   lawsuit or action by any third party that arises or results from the use or
   distribution of the Software.

7. Bundle And Redistribution

If the Software is distributed by a third party bundled with its products, the
Software can only be used with the third party products. You may not use the
Software to run any other applications or develop new products or in any other
context independent of the third party products with which the Software is
acquired. Redistribution of the Software that is acquired with any third party
products is not allowed without a license from Cmobilecom. 

8. Hosting

If you host your own applications as a service developed using the Software,
Cmobilecom grants you the hosting license subject to the following additional
terms and conditions:

a. Your applications add significant functionalities to the Software.
b. You agree to provide technical support of the Software for your customers
   if applicable.
c. You agree to retain all the copyright notices.
d. You agree to defend and indemnify Cmobilecom and its licensors against any
   damages, liabilities, costs(including attorneys' fees) related to any claim,
   lawsuit or action by any third party that arises or results from the use of
   the Software.

9. Online Services

Cmobilecom may provide to you or made available to you online services after
you obtain the Software. Cmobilecom reserves the right to discontinue the
services through the use of the Software.

10. Refund Policy

a. The license fee you paid to Cmobilecom for the Software is not refundable.
   Evaluate the Software thoroughly before purchasing commercial licenses.
b. The support or training fee you paid to Cmobilecom for the Software is not
   refundable.

11. Disclaimer Of Warranty

CMOBILECOM AND ITS LICENSORS PROVIDE THE SOFTWARE(AND SERVICES IF ANY) "AS IS"
WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT
LIMITATION, WARRANTIES THAT THE SOFTWARE IS FREE OF DEFECTS, MERCHANTABLE, FIT
FOR A PARTICULAR PURPOSE OR NON-INFRINGING. THE ENTIRE RISK AS TO THE QUALITY
AND PERFORMANCE OF THE SOFTWARE IS WITH YOU.

12. Limitation Of Liability

IN NO EVENT SHALL CMOBILECOM OR ITS LICENSORS BE LIABLE FOR ANY GENERAL,
SPECIAL, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES
(INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS OR REVENUE, LOSS OF
DATA OR DATA USE, BUSINESS INTERRUPTION OR OTHER DAMAGES WHATSOEVER), INCURRED
BY YOU OR ANY THIRD PARTY, WHETHER IN CONTRACT OR TORT (INCLUDING NEGLIGENCE)
OR OTHERWISE, ARISING OUT OF THE USE OR DISTRIBUTION OF THE SOFTWARE OR THE
EXERCISE OF ANY RIGHTS GRANTED HEREUNDER, EVEN IF CMOBILECOM HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES. THE ENTIRE LIABILITY OF CMOBILECOM AND ITS
LICENSORS FOR DAMAGES HEREUNDER SHALL NOT EXCEED THE AMOUNT YOU ACTUALLY PAID
TO CMOBILECOM FOR THE SOFTWARE LICENSES UNDER THIS AGREEMENT. FOR MONTHLY OR
YEARLY LICENSE FEES, THE ENTIRE LIABILITY OF CMOBILECOM AND ITS LICENSORS FOR
DAMAGES HEREUNDER SHALL NOT EXCEED THE AMOUNT YOU ACTUALLY PAID TO CMOBILECOM
DURING THE THREE(3) MONTHS FOR MONTHLY LICENSE FEES OR THE ONE(1) YEAR FOR
YEARLY LICENSE FEES PRIOR TO THE ACCRUAL OF THE CAUSE OR CAUSES OF ACTION. 

13. Third Party Software

The licenses of third party software programs used by the Software are listed
in NOTICE.txt contained in the Software. To use, modify or distribute any of
third party software programs, comply with their licenses.

You shall have sole responsibility to obtain and pay for any third party
software necessary or desirable to run the Software. 

14. Export Restrictions

The Software is subject to U.S. export regulations. You agree to comply with
all applicable international and national laws in exporting the Software
including end-user, end use and destination restrictions if any.

15. Termination

Cmobilecom may terminate this agreement if you fail to comply with any term of
this agreement. Upon termination, you must destroy all copies of the Software.
Some terms will remain in effect by their natures.

16. Severability

If any term of this agreement, or any portion thereof, is held to be
unenforceable under applicable law, the term shall be reformed only to the
extent necessary to make it enforceable and the remainder of this agreement
will continue in full force and effect.

17. Governing Laws

This agreement is governed by the laws of the state of New York and the
intellectual property laws of the United States of America. For any dispute
related to this agreement, you agree to submit the dispute to the jurisdiction
of the courts in New York City, New York.

Last Updated June 2023