SOFTWARE LICENSE AND WARRANTY

Read this agreement carefully.  If you agree to its terms, press the Accept key to continue with the Setup.  If you do not agree to its terms, press Decline to abort the installation.

The software which accompanies this license (the "Software") is the property of Neomesh Microsystems, Inc. ("Neomesh") or its licensors and is protected by copyright law.  While Neomesh Microsystems continues to own the Software, you will have certain rights to use the Software after your acceptance of the license.  Except as may be modified by a license addendum which accompanies this license, your rights and obligations are as follows:

LICENSE TYPES

(Free Version)
You may use and redistribute this software free of charge.
The free version produces text labels while converting images. To remove these you are required to purchase one of the following licenses.

(Single Computer License)
You may NOT redistribute this software. You are limited to one (1) installation on one (1) computer.

(Site License)
You may NOT redistribute this software. You are limited to twenty (20) installations on twenty (20) computers. To install Neomesh Image Console on a larger number of computers you are required to purchase extra site or single computer licenses.

(Unlimited Redistribution License)
This license allows you to incorporate the ImageConsole.exe executable into your applications that you resell.
You may NOT redistribute this software;
You may redistribute the "ImageConsole.exe" executable only in conjunction with the executable, DLL or ASP files that make use of them as a part of your software product;
You must not permit further redistribution of the "ImageConsole.exe" executable by your end users customers.
Your software product(s) must add significant and primary functionality to "ImageConsole.exe";
You must not use the Neomesh Microsystems name or logo to market your software product;
Your end users will not use "ImageConsole.exe" for development purposes;
You agree to indemnify, hold harmless, and defend Neomesh Microsystems from and against any and all claims or lawsuits including attorney's fees that arise or result from the use or distribution of your software product.

Neomesh Image Console
End-User License Agreement

You should carefully read the following terms and conditions before using this software.  Unless you have a different license agreement signed by Neomesh Microsystems, Inc. ("NMS") your use, distribution, or installation of this copy of Neomesh Image Console indicates your acceptance of this License.

If you do not agree to any of the terms of this License, then do not install, distribute or use this copy of Neomesh Image Console.  If you paid NMS or an authorized NMS distributor for this copy individually, you may return it unused, within thirty (30) days after purchase, for a full refund of your payment.

This copy of Neomesh Image Console may either be used by a single person who uses the software personally on one or more computers, or installed on a single workstation used nonsimultaneously by multiple people, but not both. This is not a concurrent use license.

You may access this copy through a network, provided that you have obtained an individual Neomesh Image Console license for each workstation that will access Neomesh Image Console through the network.  For instance, if 8 different workstations will access Neomesh Image Console on the network, each workstation must have its own Neomesh Image Console license, regardless of whether they use Neomesh Image Console at different times or concurrently.

This software, and all accompanying files, data and materials, are distributed "AS IS" and with no warranties of any kind, whether express or implied.  In particular, there is no warranty that the software is or will be free from defects, bugs or viruses. Good data processing procedure dictates that any program be thoroughly tested with non-critical data before relying on it.  The user must assume the entire risk of using the program.  This disclaimer of warranty constitutes an essential part of the agreement.

Any liability of NMS will be limited exclusively to refund of purchase price.  In addition, in no event shall NMS, or its principals, shareholders, officers, employees, affiliates, contractors, subsidiaries, or parent organizations, be liable for any incidental, consequential, or punitive damages whatsoever relating to the use of Neomesh Image Console, or your relationship with NMS.

In addition, in no event does NMS authorize you to use Neomesh Image Console in applications or systems where Neomesh Image Console failure to perform can reasonably be expected to result in a significant physical injury, or in loss of life.  Any such use by you is entirely at your own risk, and you agree to hold NMS harmless from any claims or losses relating to such unauthorized use.

This Agreement is the complete statement of the Agreement between the parties on the subject matter, and merges and supersedes all other or prior understandings, purchase orders, agreements and arrangements. This Agreement shall be governed by the laws of State of California. Exclusive jurisdiction and venue for all matters relating to this Agreement shall be in courts located in the either the county of San Diego or Los Angeles in the State of California, and you consent to such jurisdiction and venue.

All rights of any kind in Neomesh Image Convertetr which are not expressly granted in this License are entirely and exclusively reserved to and by NMS.  You may not rent, lease, modify, translate, reverse engineer, decompile, disassemble or create derivative works based on Neomesh Image Console. You may not make access to Neomesh Image Console available to others in connection with a service bureau, application service provider, or similar business. There are no third party beneficiaries of any promises, obligations or representations made by NMS herein.

Neomesh Image Console © 2002-2004 by Neomesh Microsystems, Inc.  All rights reserved.

NEITHER NEOMESH MICROSYSTEMS NOR OUR DEALERS OR SUPPLIERS SHALL HAVE ANY LIABILITY TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUE OR PROFIT, LOST OR DAMAGED DATA OR OTHER COMMERCIAL OR ECONOMIC LOSS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR THEY ARE FORESEEABLE. WE ARE ALSO NOT RESPONSIBLE FOR CLAIMS BY A THIRD PARTY. OUR MAXIMUM AGGREGATE LIABILITY TO YOU AND THAT OF OUR DEALERS AND SUPPLIERS SHALL NOT EXCEED THE AMOUNT PAID BY YOU FOR THE PRODUCT. THE LIMITATIONS IN THIS SECTION SHALL APPLY WHETHER OR NOT THE ALLEGED BREACH OR DEFAULT IS A BREACH OF A FUNDAMENTAL CONDITION OR TERM OR A FUNDAMENTAL BREACH. SOME STATES/COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

This license constitutes the entire agreement between you and Neomesh Microsystems, Inc. and supersedes all prior understandings. Should any of the provisions of this license be found unenforceable by a court of competent jurisdiction, the remaining provisions shall nonetheless remain in full force and effect. This license agreement shall be governed by, and construed in accordance with, the laws of the State of California.