TRIAL LICENSE AGREEMENT ("TLA") FOR eWebEditor V3.7

IMPORTANT-READ CAREFULLY: This Trial License Agreement ("TLA") is a legal agreement between you (either an individual person or a single legal entity) and eWebSoft Inc for the product identified above, which includes computer software and may include associated media, printed materials, and "online" or electronic documentation ("Licensed Software"). By downloading, accessing, installing, copying, or otherwise using the Licensed Software, you agree to be bound by the terms of this TLA. If you do not agree to the terms of this TLA, do not install, access, or use the Licensed Software. 

1. LICENSE INFORMATION 

eWebSoft grants you a nonexclusive, nontransferable license to use the Licensed Software, subject to the terms and conditions of this TLA. You may install and use the Licensed Software free of charge for internal use only. 

You, either directly, or through a third-party, shall not 1) reverse engineer, decompile, or disassemble the Licensed Software except as specifically permitted by law without the possibility of contractual waiver; or 2) sublicense, transfer, rent, lend or lease the Licensed Software to any third party. 

2. WARRANTY 

eWebSoft owns all rights in and to all other portions of the Licensed Software. The foregoing warranties exclude any warranty that the Licensed Software does not infringe the intellectual property rights of any third party. However, eWebSoft warrants that to the best of its knowledge the Licensed Software does not infringe the intellectual property rights of any third party 

YOU ACKNOWLEDGE AND AGREE THAT THE SAID WARRANTY SET FORTH IN THIS SECTION IS A LIMITED WARRANTY AND IS THE ONLY WARRANTY MADE BY EWEBSOFT REGARDING THE LICENSED SOFTWARE. EXCEPT AS EXPRESSLY PROVIDED OTHERWISE IN A WRITTEN TLA BETWEEN YOU AND EWEBSOFT, THE LICENSED SOFTWARE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. eWebSoft SHALL NOT BE LIABLE UNDER THIS TLA FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, SPECIAL OR INCIDENTAL DAMAGE OR LOSS OF ANY KIND, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE SAID WARRANTY IS IN LIEU OF ALL OTHER LIABILITIES OR OBLIGATIONS OF eWebSoft FOR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE DELIVERY, USE OR PERFORMANCE OF THE LICENSED SOFTWARE OR SUCH OTHER ITEMS LICENSED HEREUNDER. 

3. INTELLECTUAL PROPERTY RIGHTS 

Except in respect of the rights licensed to you herein, eWebSoft retains all rights, title and interest in and to the Licensed Software and all intellectual property rights with respect thereto, including but not limited to all ideas, concepts, expertise, know-how techniques, systems, methodologies or other material embodied in, underlying or reduce to practice for the Licensed Software. 

The provision of this Section 3 will survive the termination of this TLA for any reason. 

4. TERMINATION 

eWebSoft may terminate this TLA in the event of a material breach of this TLA after notice thereof and an opportunity to cure within thirty (30) days from the date of such notice. You must then immediately return or destroy the Licensed Software and all copies you made of it. 

5. GENERAL 

5.1 You may not assign its rights, duties or obligations under this TLA without the prior written consent of eWebSoft. 
5.2 You may not export the Licensed Software. 
5.3 eWebSoft shall not be responsible for failure to fulfill any obligations due to causes beyond its control. 
5.4 eWebSoft does not provide program services or technical support, unless eWebSoft specifies otherwise. 
5.5 The waiver or failure of eWebSoft to exercise any right provided for herein shall not be deemed as a waiver of any further rights hereunder. The rights and remedies of eWebSoft set forth in this TLA are in addition to any rights or remedies eWebSoft may otherwise have at law or in equity. If any provision of this TLA shall be held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall in no way be affected or impaired thereby. 
5.6 This TLA shall be governed by and construed in accordance with the laws of china and, in respect of any dispute which may arise hereunder, you consent to the non-exclusive jurisdiction of the courts of china. 
5.7 This TLA is the entire agreement between you and eWebSoft relating to the Licensed Software and the support services (if any) and they supersede all prior or contemporaneous oral or written communications, proposals and representations with respect to the Licensed Software or any other subject matter covered by this TLA. This TLA may not be modified or altered except by a written instrument duly executed by both parties.
