REVOLUTION LICENSE AGREEMENT AND WARRANTY DISCLAIMER

License for Revolution software and all associated files, including installer archive and all related documentation ("Revolution Software")

IMPORTANT -- READ CAREFULLY: By using the Revolution Software; or if applicable, by clicking the "I Agree" button in the installer archive or Revolution Software, you agree to be and are hereby bound by the terms of this License Agreement  ("Agreement"). If you do not accept the terms of this License Agreement: (if applicable) you must not press the "I Agree" button in the installer archive or Revolution Software; you must not use the Revolution Software; and you must immediately destroy all copies of the Revolution Software, including the installer archive and any copies of it.

1.	GRANT OF LICENSE: 

a)	Runtime Revolution Limited hereby grant you a non-exclusive non-transferable license to use the Revolution Software subject to the terms set out in this Agreement:

2.	THE STARTER KIT EDITION

a)	The Revolution Software is provided without an enabling licensing key ("Starter Kit Edition").

b)	You may use the Starter Kit Edition on any supported platform to build stacks, applications or files for your own use or to give to others either free of charge or for a fee ("Created Software").  You may distribute your Created Software by any method to anyone, subject to the terms of this agreement.

c)	The Starter Kit Edition has limitations on the number of lines of script that can be attached to a single object in the Revolution Software ("Script Limits"). These restrictions may be varied at any time without notice. You may not attempt to exceed the Script Limits. The Created Software must not allow users to exceed the Script Limits.  Additionally, the Starter Kit has limits on the type of external databases it can access ("Database Limits"). These restrictions may be varied at any time without notice.  You may not attempt to exceed the Database Limits. The Created Software must not allow users to exceed the Database Limits.  

d)	Copyright notices, as defined in Appendix A, must appear wherever any other copyright or trademark notice appears in any Created Software, its documentation, advertising, and other product-related literature.

e)	Certain files included with the Revolution Software are subject to special restrictions.  These include any files not initially distributed in the "components" directory, including the "Revolution" or "Revolution.exe" application program, "license.rev" file, installer archive, read me files, and also the "licensing.rev" file, "revdb" and "revdb.dll" files from inside the "components" directory ("Restricted Files").  You may not modify, translate, reverse engineer, decompile, disassemble or create derivative works based upon these Restricted Files.  You may however use the "Distribution Builder" in its original unmodified form to include only the "Revolution" or "Revolution.exe" file, and or the "revdb" and "revdb.dll" files in Created Software.  This paragraph does not apply to any of the other files included with the Revolution Software, which may be modified freely, though all files in the Revolution Software must be used subject to all other provisions in this agreement.

f)	You may not resell, rent, lease or otherwise transfer rights to  the Starter Kit Edition for any financial gain or  remove any proprietory notices or  labels on the Starter Kit  Edition.

g)	You must not at any time during the period of this License create or distribute Created Software to be used as a generic rapid application development tool in circumstances which Runtime Revolution Limited  considers will have an appreciable adverse effect on the sales of  Revolution Software.  This clause is intended to prevent you from using the Revolution Software to produce something that is damaging to our business.  In the event that either you or Runtime Revolution Limited determines that your software is in such competition, you must withdraw the Created Software immediately.  It is agreed that producing software that is in competition with the Revolution product could cause irreparable harm and injury and Runtime Revolution Limited will be entitled, in addition to any other rights and remedies it may have at law or in equity, to an interdict, injuction or other similar relief injoining or  restraining you from doing or continuing to distribute such Created Software.

h) Runtime Revolution Ltd offer a number of custom options including training, enhanced technical support arrangements, product customization and more.  If you require any of these options, then an Installation License is required.  The installation license can be custom negotiated and will depend partly on the size of your organization and partly on your specific needs.  It applies to installing Created Software produced with any edition of Revolution onto more than ten computers in any single commercial organization.  If you do not require custom technical support, training or other options, you do not require an Installation License.  If you require an installation license, please contact support@runrev.com to discuss your requirements.

i)	As per United States law, you must not distribute any portion of the Revolution Software or Created Software to Libya, Cuba, Cambodia, North Korea, Vietnam, and military and police entities in South Africa. Revolution has been classified under U.S. Export Control Commodity Number  (ECCN) 4D96G and can be exported under the provisions of General License G-DEST.

3.	THE LICENSED EDITION

a)	You may upgrade from the Starter Kit Edition by paying a fee.  There are seven classes of license available, Small Business Edition, Professional Single User, Professional Multi User ("Professional"); Educational Single User, Educational Multi User, Student Teacher and Educational K-12 Pack ("Educational").  The following conditions set out in this Clause 3 shall, other than as expressly stated in Clause 3(c), (d), (h), (i), (j), (k) and (l) apply to all seven classes of license available.

b)	Upon purchase of a license from any of the above license classes, you  will be sent a key to license the Starter Kit Edition ("Licensing Key"), which will remove the Script Limits by installing the Licensing Key into the "license.rev" file ("License File"), causing the Revolution software to become fully functional ("Licensed Edition"). 

c)	If you have purchased a Small Business Single User License, Student Teacher Educational License, Educational Single User License or Professional Single User License, the Licensed Edition must be used exclusively by a single individual, named on the license form ("Licensed User" and  "Licensed Contact").  The Licensed User can be changed on completion of a license transfer form, payment of a nominal fee and installation of a new Licensing Key.

d)	If you have purchased an Educational Multi User License, Professional Multi User License, or Educational K-12 Pack, you must nominate a single individual as a contact ("License Contact").  Other individuals, who do not have to be named, may use copies of the Licensed Edition, up to the maximum number of users purchased with your license, each known as ("Licensed User").  At no time may more individuals use the Licensed Edition than the number of copies purchased with the license.  The License Contact is responsible for enforcing this restriction

e)	The Licensed User may use the Licensed Edition subject to the same conditions as set out in Clause 2 above, with the exceptions listed in parts of this Clause 3 below.

f)	The Licensed User may use the Revolution Software without the Script Limits imposed on the Starter Kit Edition. 

g)	The Licensed User must not permit any other person to access the Licensing Key or License File.  

h)	If you have purchased a Small Business License or a Professional license, the Licensed Edition may be used by the Licensed User to produce Created Software, as per 1. (b) above.  Such Created Software is subject to all the restrictions on distribution of software created using the Starter Kit Edition, including the installation terms for larger organizations specified in clause 1. (h).

i)	If you have purchased any Educational license, the Licensed Edition must be used for Educational purposes only.  If a K-12 Pack license has been purchased, the Licensed Edition may only be used in educating those in pre-school, primary and secondary education (UK), i.e. K-12 (USA), or local equivalent educational age group, and by those in charge of such education, solely for the purposes of furthering such education. If you have purchased a student teacher edition you must be a student, under 18, or a K-12 teacher.  The Licensed Edition may be used by the Licensed User to distribute Created Software, as per 1. (b), however such software cannot be sold for any kind of profit.  No kind of contract or consulting work for profit may be done with the Licensed Edition.  You may upgrade to a professional license at any time by paying the difference in price between an Educational License and a professional license.  If you are found to be in breach of this clause 3 (I), you agree that you will immediately be liable for the cost of upgrading to a professional license at prices current as of the date the breach was discovered, plus a 10% administration charge.  Runtime Revolution Limited will be entitled to invoice and collect this amount without further agreement.

j)	All license types include any updates to the Revolution Software that are produced may be provided to the Licensed User free of charge for a period of one year after the date of purchase but Runtime Revolution Limited is not obliged at any time to produce updates during this period.  However, if such updates are produced, the technical support obligation (if applicable to the license type) listed in (k) below will only apply to such updated version.  The Licensed User is responsible for the cost of updating the Revolution Software, such updates will be made available via the Internet.

k)	If you have purchase any license except the Small Business or Student Teacher, Runtime Revolution Limited will provide technical support via email to the License Contact for a period of one year after date of purchase.  Such support will be provided via a subscription to an email discussion list, and a support contact email address at Runtime Revolution Limited.  You may use both addresses for support, but agree to make reasonable effort to contact the correct address dependant on the type of question being asked.  Guidelines on this subject may be found on our web site.  Support will cover learning to use the Revolution Software, and issues relevant to using the Revolution Software.  Such support will not be available during reasonable holiday periods.  Runtime Revolution Limited reserves the right to limit such support to a reasonable level, and is particularly likely to limit support on questions covering aspects of designing software applications.  Telephone support is expressly excluded. If a multi user license has been purchased, the License Contact is expected to review the support requests, handle simple and site specific problems, and pass the remainder on to Runtime Revolution Limited technical support.

l)     If you have purchased a Small Business, Student Teacher or K-12 license, the Database Limits listed in 1 (c) will not be lifted.

4.	TITLE

a)	Title, ownership, rights, and intellectual property rights in and to the Revolution Software and all related documentation shall remain with Runtime Revolution Limited. The Revolution Software is protected by the copyright laws of the United Kingdom and international copyright treaties.  Portions of the Revolution Software are the copyright of MetaCard Corporation, and are protected by the copyright laws of the United States and international copyright treaties.  For the purposes of this license "intellectual property rights" means any and all patents, copyright, registered or unregistered design rights, trade marks, trade names, know-how, database rights or other intellectual property rights.

5.	DISCLAIMER OF WARRANTY

a)	THE TOTAL LIABILITY WHICH RUNTIME REVOLUTION LIMITED OWES TO YOU IN RESPECT OF BREACH OF CONTRACT, NEGLIGENCE OR OTHERWISE SHALL, OTHER THAN IN CIRCUMSTANCES IN WHICH SUCH ACTS RESULT IN DEATH OR PERSONAL INJURY IN WHICH CASE LIABILITY SHALL BE UNLIMITED, BE LIMITED TO THE SUM OF £1000 IN RESPECT OF ANY ONE CLAIM OR AGGREGATE OF CLAIMS ARISING IN ANY TWELVE MONTH PERIOD;

b)	THE SOFTWARE AND DOCUMENTATION ARE PROVIDED AS IS WITHOUT WARRANTY OF ANY KIND.  TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, RUNTIME REVOLUTION LIMITED FURTHER DISCLAIMS ALL WARRANTIES, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT OF ANY THIRD PARTY INTELLECTUAL PROPERTY RIGHTS;

c)	THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE SOFTWARE AND DOCUMENTATION REMAINS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL RUNTIME REVOLUTION LIMITED  BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, DIRECT,  INDIRECT, SPECIAL, PUNITIVE, OR OTHER  DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) ARISING OUT OF THIS AGREEMENT OR THE USE OF OR INABILITY TO USE THE PRODUCT, EVEN IF RUNTIME REVOLUTION LIMITED HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES;

6.	TERMINATION

a)	This license shall terminate automatically if you fail to comply with the limitations described in this Agreement.   No notice shall be required from Runtime Revolution Limited to effectuate such termination.  On termination you must destroy all copies of the Revolution Software including the installer archive and any copies of it therewith.  However, such termination does not prejudice the right of Runtime Revolution Limited to obtain injunctive, equitable or any other relief in the event of such a breach.

7.	GOVERNING LAW

a)	This License shall be governed by the laws of Scotland, UK.  and in the event of any dispute the parties agree to submit to the non-exclusive jurisdiction of the Scottish courts.

8.	ENTIRE AGREEMENT

a)	This License constitutes the entire agreement between Runtime Revolution Limited and you with respect to the subject matter hereof and with the exception of any fraudulent or negligent misrepresentations supersedes all prior oral or written understandings, communications or agreements not specifically incorporated herein.  The only exception to this is any explicit terms you may have agreed to before downloading the package from our web site, or any other supplementary terms made clear by us prior to your agreeing to this agreement.  any such terms will form part of this agreement.  This License may not be modified except in a writing duly signed by an authorized representative of Runtime Revolution Limited and you.

APPENDIX A - Required Copyright Notice

You must include the following copyright notice where other such notices appear.  In the event that  such other notices do not appear in the Created Software, this notice must be placed in a reasonable location.

Portions (c)2000-2002 Runtime Revolution Limited, portions (c)1992-2002 MetaCard Corporation.  All Rights Reserved Worldwide.

We would like you to include the Runtime Revolution logo, as per the terms set out in the file "logo.pdf".  However, unlike the Copyright notice above, you are not required to include the logo.