# Developer Distribution License Agreement (version 2002-1017-A) IMPORTANT: This license agreement is here for informational purposes only. Please check our web site for the latest version of this license. This is a legal agreement between you (the Licensee) and Troi Automatisering covering your use of Troi Software. Be sure to read the following agreement before using the software. BY USING THE SOFTWARE, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT USE THE SOFTWARE AND DESTROY ALL COPIES OF IT. ## LICENSE ### 1.1 Software License. Troi Automatisering hereby grants to the Licensee, a non-exclusive, non-transferable license (the "License") to use and distribute computer program modules (the "Troi Software"), for the sole purpose of incorporating the Troi Software into the Licensee's own computer software (the "Licensee's Software") and to copy and to distribute the Troi Software, subject to the terms and conditions set forth herein. ### 2.1 Use of Troi Software. Licensee may incorporate the Troi Software in its software products. Licensee shall not rent or lease the software, nor shall it modify, adapt, translate, reverse engineer, decompile, or disassemble the Troi Software. ### 2.2. Distribution Rights Licensee may distribute the Troi Software to its customers (herein called End Users), subject to the following restrictions: the licensee must not modify or remove copyright notices or serial numbers or signatures that may be included within the software or displayed on the screen. Licensee may only distribute the Troi Software in conjunction with and as a part of Licensee's own software products and only to organizations with up to 25 users. Additional user licenses are required when distributing the Troi Software to organizations with more than 25 users. Licensee software products may include bound FileMaker Pro solutions, "unbound" native FileMaker Pro databases, commercial products and/or custom solutions designed specifically for Licensee clients or organizations. ### 2.3 Distributing registration information The licensee shall not disclose registration information to its end users and other parties, except in the case described under section 2.3.2. ### 2.3.1 Distributing with built-in registration Troi Software has a built-in registration function, as described in the documentation. The licensee can distribute a database with a registered version of the Troi Software provided the Licensee properly uses this built-in registration function of the Troi Software. The registration information must be kept in a password protected database, thus excluding the end user from the registration information. ### 2.3.2 Disclosing registration information Licensee can only distribute unprotected registration information to end users (for example a Troi Payment Certificate file or a TroiPay.txt file), if all of the following conditions are met: a) The solution runs under a full copy of FileMaker Pro. b) The solution is not a demonstration version. c) The Licensee has explicit permission of Troi Automatisering to distribute the registration information. ### 2.4. Distribution by others The Distribution Rights described above belong to the Licensee of the Troi Software Product. Licensee may not give the Distribution Rights to others, including his customers and clients. ### 3.1 Proprietary Rights The Troi Software is protected by copyright laws of the Netherlands and international treaty provisions. Troi Automatisering represents that it is the owner of the Troi Software and that it has the rights to grant the license. Troi Automatisering represents and the Licensee acknowledges that the Troi Software is the sole and exclusive property of Troi Automatisering, including all applicable rights to patents, copyrights, trademarks and trade secrets inherent therein and appurtenant thereto and Licensee agrees not to challenge Troi Automatisering's rights thereto. Licensee acknowledges that it is not purchasing title to the Troi software, but is rather being granted a license to use and distribute the Troi Software. ### 3.2 Warranties and Limitation of Liability The Troi Software and related documentation are provided "AS IS", without warranty of any kind and Troi Automatisering expressly disclaims all other warranties, express or implied, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose. Under no circumstances shall Troi Automatisering be liable for any incidental, special or consequential damages that result from the use or inability to use the software or related documentation, even if Troi Automatisering has been advised of the possibility of such damages. In no event shall Troi Automatisering's liability exceed the license fee paid, if any. ### 3.3 Termination If Licensee violates any part of this agreement, the right to use the Troi Software terminates automatically and the Licensee must then destroy all copies of this software in its possession. ### 3.4 Governing Law This Agreement shall be governed by the laws of the Netherlands. No choice of law rules of any jurisdiction will apply. If for any reason a court of competent jurisdiction finds any provision of this Agreement, or portion thereof, to be unenforceable, that provision of the Agreement shall be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of this Agreement shall continue in full force and effect. Troi Automatisering, Vuurlaan 18 2408 NB Alphen a/d Rijn The Netherlands web site: http://www.troi.com/ email: info@troi.com telephone: +31-172-426 606 fax: +31-172-470 539 All trademarks are held by their respective owners. Now our lawyers are happy.