NOTICE TO USER

If you intend to combine KavaChart (previously known as JavaChart) or any part thereof with other byte code for the purpose of developing an application which may be distributed to end-users, you must purchase a KavaChart Development License. Each developer who uses KavaChart for development purposes must purchase a KavaChart Development License. If you incorporate KavaChart applets solely with HTML code for the purpose of displaying graphical data on a web page your use is subject to a no fee KavaChart Applet License (a KavaChart Development License is not necessary).


READ THIS  AGREEMENT  CAREFULLY  BEFORE  PURCHASING  THE  KAVACHART DEVELOPMENT  SOFTWARE  ("SOFTWARE").  IF  YOU  PURCHASE  THE  SOFTWARE YOU  AGREE TO  BE  BOUND  BY THE  TERMS  AND  CONDITIONS  OF  THIS AGREEMENT.

VISUAL ENGINEERING, INC.
KAVACHART DEVELOPMENT LICENSE AGREEMENT
(The Product, KavaChart, was previously known as JavaChart)

1. SOFTWARE LICENSE: Subject to the terms set forth in this License,Visual Engineering Inc. ("VE") grants to Authorized Users a non-exclusive license to use one copy of the Software on a single computer for the purpose of developing (to create) either stand-alone applications or applets ("User Applications"). By completing the registration form and purchasing the Software you become an Authorized User. The Software may be used on a network, provided each developer using the Software is an Authorized User.
 

2. USE OF SOFTWARE: The Software includes, but is not limited to one or more of the following: object code, source code, and documentation. Use shall be subject to the following:
 


3. BACKUP COPIES: You may make one backup copy of Object Code and Source Code. Any copy and its use shall also be subject to the terms and conditions of this Agreement.
 

4. USES NOT PERMITTED: You may not redistribute Source Code in whole or in part, it is licensed for your internal use only.You may not transfer or copy the Software, except as permitted under this Agreement. You may not rent, sublicense, lease, loan, reverse engineer, disassemble, decompile, reverse translate, or decode the Software. Making unauthorized copies, compilations or adaptations of Documentation is prohibited.
 

5. PROPRIETARY RIGHTS: The Software and backup copies, logos, product names, and other support materials, if any, are either patented, copyrighted, trademarked, or otherwise proprietary to VE. You agree not to remove any such notices and product identification.
 

6. DISCLAIMER OF WARRANTIES: THE SOFTWARE IS PROVIDED "AS IS" AND EXCEPT AS EXPRESSELY SET FORTH BELOW, VE EXPRESSELY DISCLAIMS ALL OTHER WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
 

7. LIMITED WARRANTY: VE warrants that the unmodified Software will operate substantially in conformity with the accompanying Documentation for a period of 60 days from the date you receive the Software. VE's sole and exclusive obligation, and your sole and exclusive remedy, under this warranty shall be limited to VE's use of reasonable efforts to correct material, documented, reproducible defects in the unmodified Software during the warranty period. In the event VE fails to correct such a defect(s) within a reasonable period of time, VE may, at VE's discretion, replace the defective Software, or refund the amount paid by you and cancel this Agreement and licenses granted herein. In the event VE cancels this Agreement you agree to return or destroy all copies of the Software.
 

8. LIMITATION OF LIABILITY: VE SHALL NOT BE LIABLE FOR ANY CLAIM BY YOU OR ANY OTHER PARTY FOR THE DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING OUT OF THE USE, INABILITY TO USE, QUALITY OR PERFORMANCE OF SUCH SOFTWARE BASED UPON PRINCIPLES OF CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY OR OTHER TORT, BREACH OF ANY STATUTORY DUTY, PRINCIPLES OF INDEMNITY OR CONTRIBUTION, EVEN IF VE HAS BEEN ADVISED OF SUCH DAMAGES. IN NO EVENT SHALL VE'S LIABILITY EXCEED THE TOTAL AMOUNT RECEIVED FROM YOU TO DATE FOR THIS PRODUCT.
 

9. TRANSFERS: You may only transfer all your rights and obligations under this Agreement provided the transferee receives all of your copies of the Software and you retain no copies and the transferee agrees, in advance, to all of the terms and conditions of this Agreement.
 

10. SUPPORT AND UPDATES: You will receive free telephone and/or e-mail support for a period of 60 days following your receipt of the Software. Thereafter, you may purchase additional support, including updates to the Software for an annual fee by contacting VE.
 

11. TERMINATION: This Agreement shall remain in effect until terminated by either party. VE reserves the right, at its sole discretion, to terminate this Agreement upon 30 days written notice if you fail to comply with this Agreement. You may terminate this Agreement at any time by ceasing to use the Software and either returning all copies of the Software to VE or destroying all copies of the Software. If you have received Source Code, termination of this Agreement shall not relieve you of your obligation regarding disclosure of Confidential Information.
 

12. US GOVERNMENT RESTRICTED RIGHTS: The Software is "commercial computer software" and "commercial computer software documentation" as such terms are used in 48 C.F.R. 12.212 (Sept. 1995) and is provided to the Government (i) for acquisition by or on behalf of civilian agencies, consistent with the policy set forth in 48 C.F.R. 12.212; or ii) for acquisition by or on behalf of units of the Department of Defense, consistent with the policies set forth in 48 CF.R. 227.7202-1 June 1995) and 227.7202-3 (June 1995).
 

13. COMPLIANCE WITH US EXPORT LAWS: You acknowledge that the laws and regulations of the United States restrict the export and re-export of commodities and technical data of United States origin, including the Software. You agree not to export or re-export the Software in any form without appropriate United States and foreign government licenses.
 

14. MISCELLANEOUS: The laws of the State of California govern this Agreement, and it shall inure to the benefit of VE, its successors, administrators, heirs and assigns. In any action regarding this Agreement, the prevailing party shall be entitled to receive, in addition to any other relief, reasonable attorneys' fees and expenses. If one or more of the provisions contained in this Agreement shall be unenforceable, then such provision shall be considered inoperative to the extent of such enforceability and the remainder of this Agreement shall continue in full force and effect.
 

15. ACKNOWLEDGMENT: YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO ITS TERMS AND CONDITIONS. YOU ALSO AGREE THAT THIS AGREEMENT COVERS ANY MERGED OR PARTIAL COPIES OF THE SOFTWARE AND IS THE COMPLETE AND EXCLUSIVE AGREEMENT BETWEEN THE PARTIES AND SUPERSEDES ALL RELATED PROPOSALS, COMMUNICATIONS OR PRIOR AGREEMENTS, ORAL OR WRITTEN.