Product License Agreement

For RoAccess^TM and/or RoLoader^TM This Product License Agreement (the "Agreement") is made between August Computing, Inc., a Texas, USA corporation with its principal office at 1000 Beltline Road, Carrollton TX 75006 and _________________________________a(n) _________________________corporation (e.g. New York, or German) ("You/Licensee"). It is specifically for the product(s) (check one or more):

    __ RoAccess
    __ RoLoader
    __ RoQuery
    __ Stand Alone RoLoader

"Product(s)" means the computer software program or programs specified by name below, or any portion of such program or programs, together with all related materials, documentation and information, or any portion thereof, and any modifications, corrections, improvements, enhancements and updates thereto, received in any form , tangible or intangible, by you from August, and including methods, processes or techniques utilized in the Product(s). August shall provide all Products(s) in the English language.

Your Rights

The Products are licensed on a cluster basis for unlimited use, world-wide on any number of concurrent installations within the Licensee company forever. You may install and remove the Products to/from any and all supported machines in your organization without additional cost or license. A cluster is defined as one or more Rochade Repository servers operating together a part of the same project, such as separate Production, Test and Development servers. Other Rochade Repository servers utilized to support other projects would require an additional license.

There are no additional costs or fees of any kind, except an optional Support Contract.

You may sell this Product License Agreement, along with the Products, to anyone at any time. The rights and obligations of this agreement will be automatically transferred to them without any costs or fees.

Support for RoAccess of other products will be offered on a yearly basis.

Warranty of Date Compatibility. August warrants that, as delivered, any Product(s) licensed pursuant to this Agreement will correctly employ century specific date logic, alone and in combination with other equipment and Product(s) with which the Product(s) is intended to be compatible, to provide fault-free performance in the processing of dates and date-related data, including in calculation, comparison and sequencing processes. Such fault-free performance shall include the manipulation of data with dates prior to, through, and subsequent to January 1, 2000. Product(s) shall successfully transition into the Year 2000 with the correct system date, without human intervention, shall perform leap year calculations correctly and shall provide correct results when moving forward and backward in time from January 1, 2000.

As part of its warranty obligations or subsequent paid maintenance service, August shall work with Licensee to identify the source of any defect or error in the operation of Product(s), including those Licensee identifies to August, at no additional fee

Application Development Kit

The ADK may be used as the basis in total or in part for any software used internally. It may also be used for certain software products for use externally. Specific applications, like data loaders, report viewers, custom screens and add-ons to RoAccess are specifically allowed. Products developed for outside sale will generally be permitted at no cost, but require a separate license. Any products developed for outside sale or use must not compete with RoAccess as a general purpose browser/application development platform and must have a Software License clause likewise protecting the base RoAccess ADK code. Any enhancements or modifications to the code belong to you.

Support

One year of Product and Technical Support is included in the initial purchase price of Products. The period begins with the receipt of this signed or emailed Product License Agreement, and runs for a period one year.

You will be provided free access to the latest enhancements, maintenance releases and "bug fixes" via our WEB site for download. We will provide Telephone and email consultation for installation, usage, problem determination and resolution. Licensor also guarantees that such Maintenance will be available for at least one back release of Product(s) for at least 12 months after the release of the new version.

Your Obligations

You hereby acknowledge that the Product (including methods, processes or techniques utilized in such Product) are proprietary to and valuable trade secrets of August and are protected by United States copyright law and International treaties. This agreement does not transfer any title or ownership rights in any product, or copy thereof, to You. You shall maintain the Product free of all liens or claims and shall take all reasonable steps to confirm title to the Product in August. You shall not use, copy, modify, transfer, download merge, make any translation or derivative work or otherwise deal with the product except as expressly provided in the Agreement. You agree to take all steps necessary to ensure that the Product shall not be disclosed to, or used by, any person, association or entity except Your own employees, contractors or outsourced service providers and then only to the extent necessary in connection with the permitted use of the Product. These obligations survive the expiration or termination of this Agreement.

August hereby disclaims and excluded all warranties, concerning products or services provided by August, express, implied or statutory, including, without limitation, any warranty of merchantability, title, the condition of any product, fitness for a particular purpose, or increased efficiency of use of hardware of software computer systems, data or programs. Whether or not advised of the possibility of such damages, August shall not under any circumstances be liable to You or any other party for any special, indirect, or consequential damages of any kind, including, without limitation, damages for loss of goodwill, work stoppage, lost profits, lost data or computer hardware or software damage, failure or malfunction.

Each person signing below warrants that he/she has the full authority to execute this Agreement and bind the respective parties hereto:

Licensee:

By:__________________________________

Title: ________________________________

Company: _____________________________

Address: ______________________________

______________________________

_______________________________

Telephone Number: _______________________

Contact Email Address: ____________________

Date:_________________________________

Licensor (August):

By:___________________________________

Title: _________________________________

Company: August Computing, Inc.
Address:
PO Box 111069
Carrollton, TX 75011

Date: _________________________________