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BeeSmart LITE Documentation

3. You may not upgrade or patch the Programs with other commercially available patches and fixes even if it may be technically possible.

Upgrading the Programs violates this license and disables the Programs technical operation.

4. Limitations from included 3rd party products such as Oracle XE, Apache, JBoss AS included in BeeSmart LITE package.

Trademarks and Copyrights

You agree not to use BeeSmart trademarks or potentially confusing variations as a part of your product name(s), service name(s), company

name, or domain name(s). In marketing, promoting, or distributing the programs, you agree to make it clear that BeeSmart is the source of the

programs. You shall include on all copies of the programs used or distributed by you:

A. A reproduction of BeeSmart's copyright notice; or

B. A copyright notice indicating that the copyright is vested in you containing the following:

1. A "c" in a circle and the word "copyright";

2. Your name;

3. The date of copyright; and

Such notices shall be placed on the documentation, the sign-on screen for any software incorporating the programs, and any media containing

the programs.

Ownership and Restrictions

We retain all ownership and intellectual property rights in the Programs. The copyright and confidential business issues concerning the Programs,

Documentation and copies (as wholes or in parts), BeeSmart trademarks etc. are the exclusive property of BeeSmart and protected by Slovenian

and EU Community legislation. BeeSmart holds the exclusive right to further develop, use or sell the Programs, as well as the right to transfer all

the activities and property rights concerning the Programs to a third party. You have in this aspect no rights and legal basis, except the rights

granted to you by this Licence. You may make a reasonable number of copies of the Programs for backup purposes.

You may not:

remove or modify any program markings or any notice of our proprietary rights except for initial logotype graphics, which is shown at user

assign this Agreement or give or transfer the Programs to another individual or entity except as specified in this Agreement;

cause or permit reverse engineering or decompilation of the Programs;

disclose results of any program benchmark tests without our prior consent; or,

use any BeeSmart name, trademark or logo, except as specified in this agreement.

Export

You acknowledge that EU export and import control laws and other applicable export and import laws govern your use of the Programs, including

technical data. You agree that neither the Programs nor any direct product thereof will be exported, directly, or indirectly, in violation of these laws,

especially not to any military person or entity, except to civil persons, or will be used for any purpose prohibited by these laws including, without

limitation, nuclear, chemical, or biological weapons proliferation especially and you agree to comply strictly with all applicable export and import

EU Community laws and regulation.

THE PROGRAMS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. WE FURTHER DISCLAIM ALL WARRANTIES, EXPRESS

AND IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A

PARTICULAR PURPOSE.

IN NO EVENT SHALL WE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR

DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA OR DATA USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN

ACTION IN CONTRACT OR TORT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

No Technical Support

Our technical support organization will not provide technical support, phone support, or updates to you for the Programs licensed under this

agreement.

End of Agreement

You may terminate this Agreement by destroying all copies of the Programs. We have the right to terminate your right to use the Programs if you

fail to comply with any of the terms of this Agreement, in which case you shall destroy all copies of the Programs.

Relationship Between the Parties

The relationship between you and us is that of licensee/licensor. Neither party will represent that it has any authority to assume or create any

obligation, express or implied, on behalf of the other party, nor to represent the other party as agent, employee, franchisee, or in any other

capacity. Nothing in this Agreement shall be construed to limit either party's right to independently develop or distribute software that is

functionally similar to the other party's products, so long as proprietary information of the other party is not included in such software.

Entire Agreement

You agree that this Agreement is the complete Agreement for the Programs and licenses, and this Agreement supersedes all prior or

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