Draft Survey 2007 4.0

END-USER LICENSE AGREEMENT AND DISCLAIMER FOR THIS SOFTWARE

PLEASE READ THE XCBA SOFTWARE LICENSE AGREEMENT. YOU MUST AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT BEFORE YOU CAN INSTALL OR USE THE SOFTWARE.

IF YOU DO NOT ACCEPT THE TERMS OF THE LICENSE AGREEMENT FOR THIS OR ANY XCBA SOFTWARE PRODUCT, YOU MAY NOT INSTALL OR USE THE SOFTWARE. YOU SHOULD PROMPTLY RETURN ANY XCBA SOFTWARE PRODUCT FOR WHICH YOU ARE UNWILLING OR UNABLE TO AGREE TO THE TERMS OF THE XCBA SOFTWARE LICENSE AGREEMENT FOR A REFUND OF THE PURCHASE PRICE.

END-USER LICENSE AGREEMENT AND DISCLAIMER FOR THIS SOFTWARE

PLEASE READ THE XCBA SOFTWARE LICENSE AGREEMENT. YOU MUST AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT BEFORE YOU CAN INSTALL OR USE THE SOFTWARE.

IF YOU DO NOT ACCEPT THE TERMS OF THE LICENSE AGREEMENT FOR THIS OR ANY XCBA SOFTWARE PRODUCT, YOU MAY NOT INSTALL OR USE THE SOFTWARE. YOU SHOULD PROMPTLY RETURN ANY XCBA SOFTWARE PRODUCT FOR WHICH YOU ARE UNWILLING OR UNABLE TO AGREE TO THE TERMS OF THE XCBA SOFTWARE LICENSE AGREEMENT FOR A REFUND OF THE PURCHASE PRICE.

Ownership of the Software

The enclosed software program ("SOFTWARE") and the accompanying written materials are owned by XCBA, Inc. or its suppliers and are protected by United States copyright laws, by laws of other nations, and by international treaties. You must treat the SOFTWARE like any other copyrighted material except that you may make one copy of the SOFTWARE solely for backup or archival purpose, and you may transfer the SOFTWARE to a permanent storage device.

Grant of License

The SOFTWARE is available in a single user license version. You may purchase additional licenses by contacting XCBA, Inc.

For each license purchased, you are permitted (either as an individual, or if an entity, one designated individual) to use the program on one computer at a time.

Redistributable Components

Only the Voyage Reports included in the SOFTWARE may be redistributed. You are specifically prohibited from redistributing any other file or part of the SOFTWARE.

Use and Redistribution Rights

XCBA grants you the right to distribute the Voyage Reports and Ship's Particulars on a non-exclusive, royalty free basis, provided that:

1. Each developer using the program owns a license of the SOFTWARE.

2. You do not distribute the Voyage Reports and Ship's Particulars, in whole or in part, in any form that does not add primary and substantial value to the Voyage Reports and Ship's Particulars.

3. You do not distribute the Voyage Reports and Ship's Particulars in an application that is similar in nature or purpose to the SOFTWARE.

4. You agree to indemnify, hold harmless, and defend XCBA and its suppliers or contractors from and against any claims or lawsuits, including attorneys' fees, that arise or result from the use or distribution of or other activities relating to your software.

5. If you claim a copyright, you must add a clause stating "Portions of this program are Copyright XCBACargoOffice from XCBA, Inc." and that you do not claim ownership of the SOFTWARE.

Publishing

You are prohibited from publishing Voyage Reports and Ship's Particulars on any medium, including, but not limited to, electronic mail, online services, internet newsgroups, and printed matter, except when Voyage Reports and Ship's Particulars is distributed in an application that adds substantial value to the Voyage Reports and Ship's Particulars and that application is not similar in nature or purpose to the SOFTWARE.

The Voyage Reports and Ship's Particulars may not be included in freeware or shareware applications in a non-compiled state.

Restrictions

You may not reverse engineer, de-compile, or disassemble this SOFTWARE. The SOFTWARE is licensed as a single product and may not be separated by use for more than one user at a time. You may not rent or lease the SOFTWARE. You may not transfer any of your rights under the XCBA Software License Agreement to other individuals or entities. Without prejudice to any other rights, XCBA may terminate this XCBA Software License Agreement at any time if you fail to comply with any of its terms. In such an event of termination, you must destroy and stop using all affected SOFTWARE copies.

Transfer of License

If your SOFTWARE is marked "NOT FOR RESALE," you may not sell or resell the SOFTWARE, nor may you transfer the XCBA Software license.

If your SOFTWARE is not marked "NOT FOR RESALE," you may transfer your license of the SOFTWARE to another user or entity provided that

1. You have not used any of the Voyage Reports in an application.

2. The recipient agrees to all terms of the XCBA Software License Agreement.

3. You provide all original materials including software disks or compact disks, and any other part of the SOFTWARE's physical distribution to the recipient.

4. You remove all installations of the SOFTWARE.

5. You notify XCBA, in writing, of the ownership transfer.

Technical Support

Because of the complexity of software development, XCBA does not provide technical support related to the use of the Library code in your applications. Technical support is available for issues you find on the Code Explorer application and issues with the included Library Code and associated documentation.

Limited Warranty

If you discover physical defects in the media on which this SOFTWARE is distributed, or in the related manual, XCBA, Inc. will replace the media or manual at no charge to you, provided you return the item(s) within 60 days after purchase.

ALL IMPLIED WARRANTIES ON THE MEDIA AND MANUAL, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE LIMITED TO SIXTY (60) DAYS FROM THE DATE OF PURCHASE OF THIS PRODUCT.

Although XCBA, Inc. has tested this program and reviewed the documentation, XCBA, Inc. makes no warranty or representation, either expressed or implied, with respect to this SOFTWARE, its quality, performance, merchantability, or fitness for a particular purpose. As a result, this SOFTWARE is licensed "AS-IS", and you are assuming the entire risk as to its quality and performance.

IN NO EVENT WILL XCBA, INC. BE LIABLE FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE, OR INABILITY TO USE THIS SOFTWARE OR ITS DOCUMENTATION. THE WARRANTY AND REMEDIES SET FORTH IN THIS LIMITED WARRANTY ARE EXCLUSIVE AND IN LIEU OF ALL OTHERS, ORAL OR WRITTEN, EXPRESSED OR IMPLIED.

Some states do not allow the exclusion or limitation of implied warrantees or liability for incidental or consequential damages, so the above limitations or exclusions may not apply to you. This warranty gives you specific legal rights; you may also have other rights that vary from state to state.

U.S. Government Restricted Rights

The SOFTWARE and documentation are provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the Government is subject to restrictions as set forth in subparagraph (c) (1) (ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c) (1) and (2) of the Commercial Computer Software - Restricted Rights at 48 CFR 52.227-19, as applicable.

Manufacturer is XCBA Inc.

Printed in the USA.

All rights reserved.

Microsoft, Windows is registered trademarks of Microsoft Corporation.

All other trademarks are trademarks of their respective owners.