END-USER LICENSE AGREEMENT FOR André Goliath Software & Solutions SQLITE CONNECTOR READ THIS AGREEMENT CAREFULLY BEFORE USING, EXTRACTING OR OPENING THE DOWNLOADED OR E-MAILED FILE(S) (the "Media"). Embodied among other files in the Media is the SQLite Connector executable file ("sqlhelper.exe"), the SQLite.as AS Class File, and related documentation (the "Software" or "Connector"). Other Files in the Media, such as gif/ico images, example Flash (fla/swf) files, sample Databases and all other files ("other files") included in the media DO NOT belong to the Software. The Company "André Goliath Software & Solutions" ("André Goliath") is the licensor under this Agreement and you are the licensee. By using the Software, in whole or in part, you agree to be bound by the terms of this Agreement. If you do not agree to the terms of this agreement, abort the download now and promptly delete the Software and the Media File and all of its contents from your computer if neccessary. Title to the Software and all copyrights and other proprietary rights therein are owned by André Goliath. All rights therein, except those expressly granted to you in this Agreement, are reserved by André Goliath. 1. Limited License André Goliath grants you a non-exclusive, non-transferable license to use the Connector in your exe or Screensaver files created by you or your Company with the usage of SWF Studio V3.1 or newer by Northcode Inc. ("your Project"), and to make a single archival copy of the Software. The Software is licensed and not sold to you, it remains the intelectual property of André Goliath. Useing the Software means to include the Software or parts of the Software as needed in your project (as internal file(s) in the project´s layout), extract the sqlhelper.exe on demand to the user´s harddisk, and delete it again as soon as it is no longer needed by your project, at latest before your project gets closed or terminated in any other way. Under no circumstances may you distribute any unaltered or altered version of the Software through any means, including, without limitation, personal bulletin boards, ftp sites, Newsgroups, the Internet, cd-rom or other storage device, or under any name, including without limitation, your name, André Goliath's name or any third party's name, or publish it in any other way than explicit granted above. You are not allowed to modify, alter, disassemble, hack, uncompile or expose the contents or parts of the sqlhepler.exe in any other human or machine-readable-format. Further you may not distribute, market, or publish in any way any other file(s) contained in the Media and do not belong to the Software. They are included for demonstration purposes only and remain the property of André Goliath. This Agreement and your rights hereunder shall automatically terminate if you fail to comply with any provision of this Agreement. Upon such termination, you shall cease all use of the Software. Further you shall delete the Software and destroy any archival copies of the Software and other materials related to the Software in your possession or under your control, or, if downloaded or if provided as part of a collection, you shall cease use of and destroy any and all copies of the Software in your possession or under your control. 2. Trial Restrictions and Licensing Process If you are using the trial version of the Software, you agree to the following additional restrictions: (i) On some commands, a little Trial Notification will pop up randomly before the command is executed. You Project will freeze until you dismiss this notification. You are not allowed to automaticly dismiss, hide, remove or otherwise manipulate the Trial Notification and/or it´s effect. (ii) The Trial version may be used for evaluation purposes only, not for any commercial use. This includes the prohibition to use the Software in any Demo, Freeware, Trial or any other Projects published under your or a third party´s name that will be published or otherwise made available to third Parties. You license the Software by completing the Order form available via http://www.Software-and-Solutions.de and paying the License fee announced on the order form. Your license is valid beginning at the day the license fee is credited at André Goliath´s bank or PayPal account. It will be null and void immediately if your payment is rescind, canceled, back posted or otherwise made unavailabe to André Goliath. If your License becomes void, you are not allowed to use the personalized sqlhelper.exe anymore and have to destroy all copies you may have recieved, created or used. Approx. 3 to 5 bussiness days after your payment is credited you will recieve information via E-Mail on how to download your personalised sqlhelper.exe via André Goliath´s customer center. Your personalised sqlhelper.exe will contain the name and company name you have provided as licensee information. This information can be read by using the version() command of the SQlite.as class. Any additional personal information you may have provided, including financial or contact information, is not included in the sqlhelper.exe and will not be made publicly available. You are not allowed to share, forward, copy, transfer, sell or otherwise make your personalized sqlhelper.exe available to any third party, and may use it only in projects published under the licensee´s name or company name. The project has to be pulished under the name or company as specified in the license. If you have any further questions regarding the License, contact Sales@AGo-Computing.de BEFORE completing the licensing process. 3. Additional Restrictions (i) You shall not rent, lease, sell or sublicense the Software. Any attempt to do so shall be void and of no effect. (ii) You shall not (and shall not permit other persons or entities to) remove or obscure André Goliath's copyright, trademark or other proprietary notices or legends from any of the materials contained in the Media or downloaded. 4. Disclaimer of Warranty THE SOFTWARE AND THE MEDIA ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL André Goliath OR ITS AUTHORIZED DISTRIBUTORS BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE OR THE MEDIA, EVEN IF André Goliath OR ITS AUTHORIZED DISTRIBUTORS HAVE BEEN ADVISED OF THE LIKELIHOOD OF SUCH DAMAGES OCCURRING. André Goliath AND ITS AUTHORIZED DISTRIBUTORS SHALL NOT BE LIABLE FOR ANY LOSS, DAMAGES OR COSTS, ARISING OUT OF, BUT NOT LIMITED TO, LOST PROFITS OR REVENUE, LOSS OF USE OF THE SOFTWARE OR THE MEDIA, LOSS OF DATA OR EQUIPMENT, THE COSTS OF RECOVERING SOFTWARE, THE MEDIA, DATA OR EQUIPMENT, THE COST OF SUBSTITUTE SOFTWARE OR THE MEDIA, DATA OR EQUIPMENT OR CLAIMS BY THIRD PARTIES, OR OTHER SIMILAR COSTS. 5. Language The original of this Agreement has been written in English and Licensee waives any right it may have under the laws of Licensee’s territory to have this Agreement written in any other language. Licensee represents that it has the ability to read and write in English and has read and understood this Agreement. All communications between the parties hereunder shall be in English or German. Les parties aux présentes ont exigé que cette entente et tous autres documents envisagés par les présentes soient rédigés en anglais. 6. U.S. Government End Users The Software (i) was developed exclusively at private expense; (ii) is a trade secret of André Goliath for all purposes of the Freedom of Information Act or its successor legislation or any other disclosure statute, regulation or provision; (iii) is “commercial computer software” subject to limited utilization (Restricted Rights); and (iv) including all copies of the Software, in all respects is and shall remain proprietary to André Goliath or its licensors. Use, duplication or disclosure by the U.S. Government or any person or entity acting on its behalf is subject to Restricted Rights and all applicable restrictions for software developed exclusively at private expense as set forth in: (i) for the DoD, the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or any successor clause, and (ii) for all government agencies, the Commercial Computer Software - Restricted Rights clause at FAR 52.227-19 or any successor clause. The U.S. Government must refrain from changing or removing any insignia or lettering from the Program or from producing copies of the Software and manuals (except one copy of the Program for backup purposes). Use of the Program shall be limited to the facility for which it is acquired. All other U.S. Government personnel using the Program are hereby on notice that use of the Program is subject to restrictions that are the same as, or similar to, those specified above. 7. Final Statements Neither party shall be responsible for delays or failure of performance resulting from acts beyond the reasonable control of such party. Should any provision or part of any provision of this Agreement be found void or unenforceable by a court of competent jurisdiction, such provision, or part thereof, shall be deemed severed, and the remainder of this Agreement shall remain in full force and effect. The parties acknowledge and agree that the limited warranty, exclusive remedies and limited liability set forth in this Agreement are fundamental elements of the basis of the bargain between André Goliath and Licensee, and that André Goliath would not be able to provide the Software and the Media on an economic basis without such limitations. The provisions within this Agreement which are meant, by their nature, to survive termination of this Agreement shall survive such termination, including, without limitation, the ownership, limited warranty, limitation of liability, governing law, entire agreement, waiver, indemnity, and general sections herein. In this Agreement words importing a singular number only shall include the plural and vice versa. The division of this Agreement into sections and the insertion of headings are for convenient reference only, and shall affect neither the construction nor the interpretation of this Agreement. This Agreement shall be governed by the laws of the Province of Nordrhein-Westfalen, Germany, and the laws of the federal republic of Germany, without giving effect to: (i) the principles of conflicts of law and that body of law applicable to choice of law; (ii) the United Nations Convention on Contracts for the International Sale of Goods, and/or its implementing and/or successor legislation and/or regulations; (iii) the Uniform Commercial Code and/or its implementing and/or successor legislation and/or regulations; and/or regulations; (iv) the Uniform Computer Information Transactions Act and/or its implementing and/or successor legislation and/or regulations, as applicable respectively. The parties agree that the courts of such jurisdiction constitute a convenient forum for any litigation and both parties attorn and submit to the jurisdiction of such courts. Except to the extent required by law, the parties waive trial by jury. Each party hereby agrees to comply with all applicable laws, regulations and government orders in performing its obligations under this Agreement.