YOUR AGREEMENT TO THIS LICENSE

By downloading, using, copying, transmitting, distributing, or installing Montage 3.0 ("Montage") or its accompanying samples or component product files (collectively termed "Montage products") created by SpaceTime Systems, you agree to all of the terms of this agreement ("License").

Please read the License terms below. If you do not agree to all of the terms of this License, then do not download, use, copy, transmit, distribute, or install Montage.

SCOPE OF LICENSE

1. Free trial downloads

SpaceTime Systems ("SpaceTime") grants you a non-exclusive license to use certain Montage product downloads for your personal evaluation, free of charge. At SpaceTime's sole discretion, you may be granted access to additional resources, such as samples and product updates in the password protected Montage Support area.

You may, at no cost:
- download and use any Montage products to which you have been granted access by SpaceTime Systems
- install Montage products for your own use on any computer that you personally use
- make a reasonable number of back-up copies for your use only
- use Montage as long as it takes to decide if it meets your needs

You may NOT:
- give someone else your personal Montage Support user id and password
- provide Montage products to a third party
- install Montage products on an unlicensed corporate network
- use Montage products for business purposes without a paid subscription
- decompile, disassemble, or reverse engineer Montage products

2. Basic paid subscription

If you have paid for a basic annual subscription, you are entitled to access the password protected Montage Support area with premium resources available exclusively to registered Montage users ("Subscribers"), including priority technical support. (Employees of corporate Subscribers are subject to the same rights and restrictions as individual paid Subscribers.)

You may, at no further cost:
- access the password protected Montage Support area during the subscription period
- download and use the latest Montage products, updates, and additional components
- install Montage products for your own use on any computer that you personally use
- make a reasonable number of back-up copies for your use only
- obtain priority technical support
- continue using Montage indefinitely

You may NOT:
- give someone else your personal Montage Support user id and password
- provide Montage products to a third party
- decompile, disassemble, or reverse engineer Montage products

3. Source code purchase

If you paid for a one-time purchase (you are a "Purchaser") of the Montage source code, you are entitled to receive a single copy of the latest available version of Montage in fully-commented source code form. Source code purchasers also receive a year of the Basic (runtime) paid subscription service, providing access to the Montage Support area and downloads, as described in section 2 above. (Employees of corporate Purchasers are subject to the same rights and restrictions as individual Purchasers.)

You may, at no further cost:
- alter or customize Montage for you own use
- adapt and use portions of Montage in your own applications
- continue using Montage source code indefinitely

You may NOT:
- give someone else your personal Montage Support id and password
- provide substantial portions of Montage source code or other Montage products to a third party
- remove SpaceTime Systems copyright notices from program components
- develop, sell, or distribute any competing derivative work

4. Source code subscription

If you have paid for an annual Montage source code subscription, you are entitled to access additional web resources available exclusively to Montage developers ("Developers"), including the password protected Montage Developer content area. This area contains the fully-commented source code to the latest version of Montage, in downloadable form. A source code subscription also gives you access to the facilities provided to basic runtime Subscribers, i.e. the Montage Support area and downloads, as described in section 2 above. (Employees of corporate Developers are subject to the same rights and restrictions as individual Developers.)

You may, at no further cost:
- alter or customize Montage for you own use
- adapt and use portions of Montage in your own applications
- obtain additional Montage Developer-only content and source code updates
- continue using Montage source code indefinitely
- participate (by invitation) in the further development of Montage and its components

You may NOT:
- give someone else your personal Montage Developer id and password
- provide substantial portions of Montage source code or other Montage products to a third party
- remove SpaceTime Systems copyright notices from program components
- independently develop, sell, or distribute any competing derivative work

RESTRICTIONS ON TRANSFER

This license is personal to you, and neither your rights hereunder nor any copy of Montage products may be sold, rented, leased, assigned, distributed, sublicensed, or otherwise transferred or to any other person, in any media (including electronic media), without the prior written consent of SpaceTime Systems. Any transfer in violation of this section will be null and void and will automatically terminate your right to use or possess Montage.

UPGRADES

Montage products may be updated from time to time by SpaceTime Systems at its sole discretion. You may obtain such updated versions of Montage products on mutually agreed upon terms, for example by paid subscription. SpaceTime Systems reserves the right to decide which updates will be made available on a free trial basis, and which will be restricted to paid subscribers.

COPYRIGHT

All title, ownership rights, and intellectual property rights in and to Montage, sample montages, other Montage products, and their accompanying documentation are owned by SpaceTime Systems. Title and related rights to accompanying images and other content which may be accessed through Montage are the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. This License grants you no rights to use or redistribute such content. All rights not expressly granted are reserved by SpaceTime Systems.

EXPORT RESTRICTIONS

You acknowledge that Montage products are subject to U.S. export jurisdiction. You agree to comply with all applicable international and national laws that pertain to Montage including the U.S. Export Administration Regulations, as well as end-user, end-use, and destination restrictions issued by U.S. and other governments.

WARRANTY DISCLAIMER

SPACETIME SYSTEMS MAKES NO WARRANTY, TO THE EXTENT PERMITTED BY APPLICABLE LAW. MONTAGE AND ALL ACCOMPANYING SOFTWARE, FILES, DATA AND MATERIALS, ARE DISTRIBUTED AND PROVIDED "AS IS", WITH NO WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF MONTAGE IS BORNE BY YOU. SHOULD MONTAGE PROVE DEFECTIVE OR OTHERWISE UNSATISFACTORY, YOU ASSUME THE COST OF ANY AND ALL NECESSARY REMEDIES.

SPACETIME SYSTEMS DOES NOT WARRANT THAT YOUR REQUIREMENTS WILL BE MET WITH THE SOFTWARE FUNCTIONS OR THAT THE SOFTWARE’S OPERATION WILL BE ERROR-FREE OR UNINTERRUPTED OR THAT DEFECTS WILL BE CORRECTED. SPACETIME SYSTEMS SHALL ALWAYS RESERVE ITS RIGHTS AND DISCRETION TO CORRECT ANY DEFECTS AS IT SEES FIT AND TO MAKE AVAILABLE FURTHER RELEASES AND UPGRADES AS AND WHEN IT DEEMS NECESSARY.

HIGH RISK ACTIVITIES

Montage is not fault-tolerant and is not designed, manufactured, or intended for use or resale as on-line control equipment in hazardous environments requiring fail-safe performance, such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines, or weapons systems, in which the failure of the software could lead directly to death, personal injury, or severe physical or environmental damage ("High Risk Activities"). SpaceTime Systems and its suppliers specifically disclaim any express or implied warranty of fitness for High Risk Activities. Any such use by you is entirely at your own risk, and you agree to hold SpaceTime Systems harmless from any and all claims or losses relating to such unauthorized use.

LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SPACETIME SYSTEMS, OR ITS PRINCIPALS, SHAREHOLDERS, OFFICERS, EMPLOYEES, AFFILIATES, CONTRACTORS, LICENSORS, SUBSIDIARIES, OR PARENT ORGANIZATIONS BE LIABLE FOR ANY GENERAL, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR OTHER DAMAGES WHATSOEVER RELATING TO THE USE OR INABILITY TO USE MONTAGE, THE PROVISION OF OR THE FAILURE TO PROVIDE SUPPORT SERVICES OR UPDATES, OR OTHERWISE IN CONNECTION WITH THIS LICENSE. THIS EXCLUSION FROM LIABILITY FOR DAMAGES INCLUDES BUT IS NOT LIMITED TO ANY LOSS OF PROFITS, LOSS OF GOODWILL, BUSINESS INTERRUPTION, LOSS OR CORRUPTION OF DATA, INCOMPATIBILITY, OR ANY AND ALL LOSSES SUSTAINED BY YOU OR THIRD PARTIES, REGARDLESS OF FAULT, EVEN IF SPACETIME SYSTEMS OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

EXCLUSIVE REMEDY

Notwithstanding any damages that you might incur for any reason whatsoever (including without limitation all damages referenced above and all direct or general damages), the entire liability of SpaceTime Systems and any of its suppliers under any provision of this License and your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by you for Montage products, if anything. The foregoing limitations, exclusions and disclaimers shall apply to the maximum extent permitted by applicable law, even if any remedy fails its essential purpose.

GENERAL

This EULA represents the complete agreement concerning this License to use Montage and may be amended only by a writing executed by both parties. If any provision of this agreement is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable. This agreement shall be governed by the laws of the Commonwealth of Massachusetts. The application the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded.

For further information regarding Montage or this EULA, contact SpaceTime Systems at montage@ideaxchg.com.