IconEdit2 4.3

ICONEDIT2 END-USER LICENSE AGREEMENT

BY CLICKING THE "ACCEPT" BUTTON OR INSTALLING OR

USING THE ICONEDIT2 SOFTWARE (THE "PRODUCT"), YOU

ARE CONSENTING TO BE BOUND BY AND BECOME A PARTY

TO THIS AGREEMENT AS THE "LICENSEE."

IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS

OF THIS AGREEMENT, YOU MUST NOT CLICK THE

"ACCEPT" BUTTON, YOU MUST NOT INSTALL OR USE THE

ICONEDIT2 END-USER LICENSE AGREEMENT

BY CLICKING THE "ACCEPT" BUTTON OR INSTALLING OR

USING THE ICONEDIT2 SOFTWARE (THE "PRODUCT"), YOU

ARE CONSENTING TO BE BOUND BY AND BECOME A PARTY

TO THIS AGREEMENT AS THE "LICENSEE."

IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS

OF THIS AGREEMENT, YOU MUST NOT CLICK THE

"ACCEPT" BUTTON, YOU MUST NOT INSTALL OR USE THE

PRODUCT, AND YOU DO NOT BECOME A LICENSEE UNDER

THIS AGREEMENT.

1. LICENSE AGREEMENT. "Developer" and "Licensor"

shall mean the product developer, Dmitry G.

Kozhinov. IconEdit2 is property of it's

Developer, and is not sold, but licensed for use

at one computer at a time for every Licensee.

2. LICENSE GRANT. Developer grants Licensee a

non-exclusive and non-transferable license to

reproduce and use for personal or internal

business purposes the executable code version of

the Product, provided any copy must contain all

of the original proprietary notices. This

license does not entitle Licensee to receive from

Developer hard-copy documentation, technical

support, telephone assistance, or enhancements or

updates to the Product. Licensee may: (i) Use

registered (unrestricted, fully functional)

version of the the Product at one computer at a

time; (ii) Use unregistered (functionally- or

time-limited) trial version of the Product at any

number of computers. (iii) Make backup copies of

distribution files on various media; (iv)

Transfer distribution files to other potential

users provided that no registration information

distributed and no profit received by Licensee

(except as otherwise expressly permitted in

another agreement for the Product, such as

Affiliate Program agreement).

3. RESTRICTIONS. Except as otherwise expressly

permitted in this Agreement, Licensee may not:

(i) modify or create any derivative works of the

Product or documentation, including

customization, translation or localization; (ii)

decompile, disassemble, reverse engineer, or

otherwise attempt to derive the source or binary

code for the Product (except to the extent

applicable laws specifically prohibit such

restriction); (iii) redistribute, encumber, sell,

rent, lease, sublicense, or otherwise transfer

rights to the Product; (iv) remove or alter any

trademark, logo, copyright or other proprietary

notices, legends, symbols or labels in the

Product; (v) Distribute Licensee's registration

information; or (vi) Use registered version of

the Product at more than one computer at a time,

including network access. Additional copies of

the product require separate registration and

licensing.

4. FEES. There is a license fee for the Product.

In order to use unrestricted, fully functional

(registered) version of the Product, Licensee

should pay license fee to the Developer and

receive personal non-distributable registration

information.

5. TERMINATION. Without prejudice to any other

rights, Developer may terminate this Agreement if

Licensee breaches any of its terms and

conditions. Upon termination, Licensee shall

destroy all copies of the Product.

6. PROPRIETARY RIGHTS. Title, ownership rights,

and intellectual property rights in the Product

shall remain in Developer and/or its suppliers.

Licensee acknowledges such ownership and

intellectual property rights and will not take

any action to jeopardize, limit or interfere in

any manner with Developer's or its suppliers'

ownership of or rights with respect to the

Product. The Product is protected by copyright

and other intellectual property laws and by

international treaties. Title and related rights

in the content accessed through the Product are

the property of the applicable content owner and

are protected by applicable law. The license

granted under this Agreement gives Licensee no

rights in or to such content.

7. DISCLAIMER OF WARRANTY. THE PRODUCT IS

PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND,

EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION

THE WARRANTIES THAT IT IS FREE OF DEFECTS, VIRUS

FREE, ABLE TO OPERATE ON AN UNINTERRUPTED BASIS,

MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR

NON-INFRINGING. THE ENTIRE RISK AS TO THE

QUALITY AND PERFORMANCE OF THE PRODUCT IS BORNE

BY LICENSEE. SHOULD THE PRODUCT PROVE DEFECTIVE

IN ANY RESPECT, LICENSEE AND NOT DEVELOPER OR ITS

AFFILIATES OR THEIR RESPECTIVE SUPPLIERS OR

RESELLERS ASSUMES THE ENTIRE COST OF ANY SERVICE

AND REPAIR. IN ADDITION, THE SECURITY MECHANISMS

IMPLEMENTED BY THE PRODUCT HAVE INHERENT

LIMITATIONS, AND LICENSEE MUST DETERMINE THAT THE

PRODUCT SUFFICIENTLY MEETS ITS REQUIREMENTS.

THIS DISCLAIMER OF WARRANTY CONSTITUTES AN

ESSENTIAL PART OF THIS AGREEMENT. NO USE OF THE

PRODUCT IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS

DISCLAIMER.

8. LIMITATION OF LIABILITY. TO THE MAXIMUM

EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT

WILL DEVELOPER OR ITS AFFILIATES OR THEIR

RESPECTIVE SUPPLIERS OR RESELLERS OR ANY OPEN

SOURCE CONTRIBUTORS BE LIABLE FOR ANY INDIRECT,

SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES

ARISING OUT OF THE USE OF OR INABILITY TO USE THE

PRODUCT, INCLUDING, WITHOUT LIMITATION, DAMAGES

FOR LOST PROFITS, LOSS OF GOODWILL, WORK

STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY

AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN

IF ADVISED OF THE POSSIBILITY THEREOF, AND

REGARDLESS OF THE LEGAL OR EQUITABLE THEORY

(CONTRACT, TORT OR OTHERWISE) UPON WHICH THE

CLAIM IS BASED. IN ANY CASE, DEVELOPER'S AND ITS

AFFILIATES' ENTIRE COLLECTIVE LIABILITY UNDER ANY

PROVISION OF THIS AGREEMENT SHALL NOT EXCEED IN

THE AGGREGATE THE SUM OF THE FEES LICENSEE PAID

FOR THIS LICENSE (IF ANY) AND FEES FOR SUPPORT OF

THE PRODUCT RECEIVED BY DEVELOPER UNDER A

SEPARATE SUPPORT AGREEMENT (IF ANY). SOME

JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR

LIMITATION OF INCIDENTAL, CONSEQUENTIAL OR

SPECIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION

MAY NOT APPLY TO YOU. DEVELOPER IS NOT

RESPONSIBLE FOR ANY LIABILITY ARISING OUT OF

CONTENT PROVIDED BY LICENSEE OR A THIRD PARTY

THAT IS ACCESSED THROUGH THE PRODUCT AND/OR ANY

MATERIAL LINKED THROUGH SUCH CONTENT.

9. HIGH RISK ACTIVITIES. The Product 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, but not limited

to, 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 Product

could lead directly to death, personal injury, or

severe physical or environmental damage ("High

Risk Activities"). Accordingly, Developer and

its suppliers specifically disclaim any express

or implied warranty of fitness for High Risk

Activities. Licensee agrees that Developer and

its suppliers will not be liable for any claims

or damages arising from the use of the Product in

such applications.