CUVI License Agreement

TUNACODE CUVI-Lib (BETA) END USER LICENSE AGREEMENT

IMPORTANT - READ CAREFULLY

BY DOWNLOADING, INSTALLING, OR RUNNING TUNACODE SOFTWARE, YOU AGREE TO BE BOUND BY THIS TUNACODE BETA END USER LICENSE AGREEMENT ("EULA"). IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, DO NOT DOWNLOAD, INSTALL, OR RUN THIS SOFTWARE. This EULA is a legal agreement between you (either an individual or a single entity) and TunaCode Pvt. Ltd. ("TunaCode") for the downloaded TunaCode software product, which includes computer software and associated documentation ("Software"). Any product provided along with the Software that is associated with a separate end-user license agreement is licensed to you under the terms of that license agreement. By downloading, copying, accessing or otherwise using the Software, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, do not use or download the Software. The Software is confidential and protected by patent laws, copyright laws and international copyright and patent treaties, as well as other intellectual property laws and treaties. The Software is licensed, not sold.

1. GRANT OF LICENSE. This EULA grants you the following rights:

(a) You may install, use, access, display, run, or otherwise interact with ("Run") one copy of the Software on a single computer or workstation ("Computer"). You may also store or install a copy of the Software on a storage device, such as a network server(s), used only to allow your other Computers to Run the Software over an internal network. You must acquire and dedicate a license for each Computer on which the Software is Run. The primary user of the Computer on which the Software Runs may make a second back-up copy for his or her exclusive use on a home or portable Computer.

(b) This Software is the TIME-LIMITED EVALUATION VERSION of the Software, so you may Run one copy of the Software on a Computer for the Evaluation Period only, solely for evaluation and test purposes and not for production use. The "Evaluation Period" extends from your first use of the Software to the earlier of (i) the date when the time-limited evaluation version automatically ceases to function or (ii) ninety (90) calendar days after your first use. At the end of the Evaluation Period, your license to the Software is automatically terminated. You may not extend the time limits of the Software in any manner. In case a newer version of the software is provided by TunaCode the time-limit will extend by another ninety (90) calendar days.

2. OTHER RIGHTS AND LIMITATIONS.

(a) LIMITATIONS ON REVERSE ENGINEERING, DECOMPILATION, AND DISASSEMBLY. You may not reverse engineer, decompile, or disassemble the Software, except and only to the extent that such activity is permitted by applicable law.

(b) RENTAL. You may not rent, lease, sell, sublicense, or lend the Software. You may not use the Software to provide time-sharing services or operate a service bureau for others.

(c) SEPARATION OF COMPONENTS. The Software is licensed as a single product. Its component parts may not be separated for use on more than one Computer.

(d) TRANSFER. You may not transfer or assign your rights or obligations under this EULA to any person or entity without the prior written consent of TunaCode. However, if the Software is labeled "Single User", you may permanently transfer all of your rights under this EULA, as long as: (i) you retain no copies, (ii) you transfer all of the Software (including all accompanying materials, and all prior versions), and (iii) the recipient agrees to the terms of this EULA.

(e) SUPPLEMENTAL CODE. A "Patch" is supplemental code (sometimes referred to as a fix) which addresses one or more specific issues in the Software; it is considered part of the Software and is subject to the terms and conditions of this EULA unless accompanied by its own terms. You may use a Patch only if TunaCode has authorized you to do so and only for your licensed copies of the Software for which the authorization was given.

(f) NONDISCLOSURE. You agree to (i) limit use and disclosure of the Software to your employees and consultants who agree to be bound by the terms of this EULA; (ii) not provide or disclose any of the Software to another party; and (iii) take all reasonable precautions to maintain the confidentiality of the Software.

(g) COMPLIMENTARY SOFTWARE. Because the Software is the time-limited evaluation version of the Software, no fee is required for your use of the Software. However, because such Software is complimentary, it is limited to use solely for demonstration, test, or evaluation purposes.

(h) RESERVATION OF RIGHTS. TunaCode reserves all rights not expressly granted under this EULA.

3. TERMINATION. If you violate any term of this EULA, TunaCode may terminate this EULA without waiving any other rights. If your EULA is terminated, you must destroy all copies of the Software and, on request of TunaCode, certify said destruction.

4. SAFEGUARDS/AUDIT RIGHTS. You agree to use commercially reasonable efforts to prevent any unauthorized copying, distribution, or use of the Software; (ii) provide TunaCode with written certification of the number of copies or concurrent usage of the Software on request, and (iii) to allow TunaCode to either remotely audit or audit your premises and systems for compliance with this EULA during regular business hours. TunaCode will not pay for the cost of the audit.

5. OWNERSHIP. TunaCode, its licensors and suppliers retain all ownership of the Software and all copies thereof. Except as expressly provided in this EULA, you may not make copies of the Software or the printed materials accompanying the Software. You must include all applicable copyright notices and other proprietary rights legends that come with the Software.

7. INDEMNIFICATION. You agree to indemnify and hold harmless TunaCode and its affiliates, officers, agents, employees, licensors and suppliers from any and all third party claims, liability and expenses, including attorneys' fees, whether in tort, contract or otherwise, relating to or arising out of your breach of this EULA, applicable law, particularly patent or copyright law, or any right of TunaCode, its affiliates or any third party.

8. THIRD PARTY RIGHTS. To the limited extent necessary to protect their respective interests, licensors or suppliers of third-party software code included in the Software and covered by this EULA have third-party beneficiary status.

9. LIMITED WARRANTY. THE SOFTWARE IS PROVIDED "AS IS" WITH NO WARRANTY WHATSOEVER. Some jurisdictions do not allow limitations on duration of an implied warranty, so the above limitation may not apply to you.

10. NO OTHER WARRANTIES. TO THE FULLEST EXTENT PERMITTED BY LAW, TUNACODE AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES, WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, WITH REGARD TO THE SOFTWARE AND THE PROVISION OF OR FAILURE TO PROVIDE TECHNICAL SUPPORT.

11. LIMITATION OF LIABILITY. TUNACODE AND ITS SUPPLIERS WILL NOT BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR PERSONAL INJURY, LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS OR CONFIDENTIAL INFORMATION, LOSS OF PRIVACY, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE OR THE PROVISION OF OR FAILURE TO PROVIDE TECHNICAL SUPPORT, EVEN IF TUNACODE OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, THE ENTIRE LIABILITY OF TUNACODE AND ITS SUPPLIERS UNDER THIS EULA SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE OR TECHNICAL SUPPORT THAT CAUSES THE DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. Each limitation on liability set forth in this Agreement is independent of any other limitation, and if such limitation fails of its essential purpose or is otherwise held to be unenforceable, the validity of any other limitation shall not be affected. The parties have entered into this Agreement in reliance upon the limitations of liability and the disclaimer of warranties set forth herein; the same form an essential basis of the bargain between the parties.

12. ENTIRE AGREEMENT; SEVERABILITY. This EULA constitutes the entire agreement between you and TunaCode with respect to the Software, and replaces all other agreements or representations, whether written or oral. The terms of this EULA cannot be modified by any terms in any printed forms used by the parties in performing the EULA, and can only be modified by express written consent of both parties. If any part of this EULA is held to be unenforceable as written, it will be enforced to the maximum extent allowed by applicable law, and will not affect the enforceability of any other part. The original of this EULA is in English. If it is translated into another language, the English language version shall prevail. Should you have any questions concerning this EULA, or if you desire to contact TunaCode for any reason, please contact TunaCode by writing to: TunaCode Pvt. Ltd. 110 CIE Building, Sector H-12, Islamabad, Pakistan 44000 COPYRIGHT (c) 2010 TUNACODE Pvt. Ltd. ALL RIGHTS RESERVED.