Socket Communications, Inc.
Software Developer Kit (SDK) Software License Agreement

PLEASE READ THIS SOFTWARE LICENSE AGREEMENT ("LICENSE") BEFORE USING THE SOFTWARE. BY USING THE SOFTWARE, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE. IF YOU ARE ACCESSING THE SOFTWARE ELECTRONICALLY, SIGNIFY YOUR AGREEMENT TO BE BOUND BY THE TERMS OF THIS LICENSE BY CLICKING THE "AGREE/ACCEPT" BUTTON. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, RETURN THE SOFTWARE TO THE PLACE WHERE YOU OBTAINED IT FOR A REFUND OR, IF THE SOFTWARE WAS ACCESSED ELECTRONICALLY, CLICK "DISAGREE/DECLINE".

IMPORTANT NOTE: To the extent this software may be used to reproduce materials, it is licensed to you only for reproduction of materials you are authorized or legally permitted to reproduce.

1. License. Any software, tools, utilities, sample code, documentation, fonts and other materials accompanying this License, whether on disk, print or electronic documentation, in read only memory, or any other media, are licensed to you by Socket Communications, Inc. for use only under the terms of this License, and Socket Communications reserves all rights not expressly granted to you. The rights granted herein are limited to Socket Communications, Inc's and its licensors' intellectual property rights in Socket Communications Software and do not include any other patents or intellectual property rights. You own the media on which Socket Communications Software is recorded but Socket Communications and/or Socket Communications licensor(s) retain ownership of Socket Communications Software itself. Socket Communications Software in this package and any copies, modifications and derivative works which this License authorizes you to make are subject to this License. 

2. Permitted Uses and Restrictions. You may use Socket Communications Software to (i) test Socket Communications Software/Hardware, and (ii) to develop application software that is compatible with, and runs on the same platform as, the Socket Communications Software. You have the right to incorporate into, compile, license or otherwise distribute in combination with your own programs, any portion of Socket Communications Software.  Any distribution of any portion of Socket Communications Software authorized by the Licensing Info folder must be done pursuant to a valid agreement that is at least as protective of Socket Communications rights in Socket Communications Software as this License and the terms in the Licensing Info folder. You may make only as many internal use copies of Socket Communications Software as reasonably necessary to use Socket Communications Software as permitted in this paragraph and distribute such copies only to your employees or third parties, in your employ, developing application software whose job duties require them to so use Socket Communications Software. Except as expressly permitted in this License, you may not decompile, reverse engineer, disassemble, modify, rent, lease, loan, sublicense, distribute the original Socket Communications SDK. You may create derivative works based upon Socket Communications Software, if it is a necessary component of your Software Application. Your rights under this License will terminate automatically without notice from Socket Communications if you fail to comply with any term(s) of this License. In addition, Socket Communications reserves the right to terminate this License if a new version of Socket Communications Software is released which is incompatible with the previous version of Socket Communications Software.

3. Limitation Of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL SOCKET COMMUNICATIONS BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE SOCKET COMMUNICATIONS SOFTWARE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF SOCKET COMMUNICATIONS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT SHALL SOCKET COMMUNICATIONS TOTAL LIABILITY TO YOU FOR ALL DAMAGES (OTHER THAN WHAT MAYBE REQUIRED BY LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED THE ORIGINAL PURCHASE AMOUNT OF SOCKET COMMUNICATIONS SOFTWARE. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTAIL PURPOSE.

4. Export Law Assurances. You may not use or otherwise export or reexport Socket Communications Software except as authorized by United States law and the laws of the jurisdiction in which Socket Communications Software was obtained. In particular, but without limitation, Socket Communications Software may not be exported or re-exported (a) into (or to a national or resident of) any U.S. embargoed countries (currently Cuba, Iran, Iraq, Libya, North Korea, Sudan, and Syria), or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Persons List or Entity List. By using Socket Communications Software, you represent and warrant that you are not located in, under control of, or a national or resident of any such country or on any such list.

5. Government End Users. Socket Communications Software and related documentation are "Commercial Items", as that term is defined at 48 C.F.R. 2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation", as such terms are used in 48 C.F.R. 12.212 or 48 C.F.R. 227.7202, as applicable. Consistent with 48 C.F.R. 12.212 or 48 C.F.R. 227.7202-1through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States.

6. Controlling Law and Severability. This License will be governed by and construed in accordance with the laws of the State of California, as applied to agreements entered into and to be performed entirely within California between California residents. This License shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of this License shall continue in full force and effect. 

7. Complete Agreement. This License constitutes the entire agreement between the parties with respect to the use of Socket Communications Software licensed hereunder and supersedes all prior or contemporaneous understandings regarding such subject matter. No amendment to or modification of this License will be binding unless in writing and signed by Socket Communications. Any translation of this License is done for local requirements and in the event of a dispute between the English and any non-English versions, the English version of this License shall govern.