TriRand jqSuite Trial End User License Agreement (Last Updated January 9, 2013) This jqSuite Trial License is for a suite of products containing jqSuite for PHP, jqSuite for ASP.NET, jqSuite for ASP.NET MVC, jqGridMobile and is offered pursuant to the terms and conditions contained below. IMPORTANT – PLEASE READ THIS END USER LICENSE AGREEMENT (THE “AGREEMENT”) CAREFULLY BEFORE ATTEMPTING TO DOWNLOAD OR USE ANY SOFTWARE, DOCUMENTATION, OR OTHER MATERIALS MADE AVAILABLE THROUGH THIS WEB SITE. THIS AGREEMENT CONSTITUTES A LEGALLY BINDING AGREEMENT BETWEEN YOU OR THE COMPANY WHICH YOU REPRESENT AND ARE AUTHORIZED TO BIND (the “Licensee” or “You”), AND Trirand Ltd (“TriRand” or “Licensor”). BY READING THE LICENSE AGREEMENT YOU ACKNOWLEDGE (1) THAT YOU HAVE READ THIS AGREEMENT, (2) THAT YOU UNDERSTAND IT, (3) THAT YOU AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS, AND (4) TO THE EXTENT YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY, YOU HAVE THE POWER AND AUTHORITY TO BIND THAT COMPANY. 1. Licensed Use of the Software. This is a license agreement and not an agreement for sale. Subject to the terms of this Agreement, TriRand hereby grants to You the following limited, non–exclusive, non–transferable licenses (the “License”) to use the TriRand computer software identified as jqSuite for PHP, jqSuite for ASP.NET, jqSuite for ASP.NET MVC, jqGridMobile and any updates, upgrades, modifications and error corrections thereto provided to You by TriRand (the “Programs”) and any accompanying documentation (the “Documentation and, together with the Programs, the “Software”) as set forth below. Except as expressly granted in this Agreement, You are not licensed to use, copy, modify, or distribute copies of all or any portion of the Software. 1.1 Trial License Grant. You are authorized to install and use the Software for the sole purpose of evaluating its functionality and performance. You may not integrate the Software into end products or use it for any commercial, productive or training purpose. You may not redistribute the Software. The term of the Trial License shall be 30 days. 1.2 Support. As part of Your Trial License You are entitled to enter five (5) support requests via TriRand’s forum/e-mail systems with a 72 hour response time (excluding Saturdays, Sundays and holidays). 1.3 Updates. You are not eligible to receive any updates for the Software during the trial period. 2. No Warranty THE TRIAL VERSION OF THE SOFTWARE IS LICENSED ‘AS IS’. YOU BEAR THE RISK OF USING IT. TriRand GIVES NO EXPRESS WARRANTIES, GUARANTEES OR CONDITIONS. YOU MAY HAVE ADDITIONAL RIGHTS UNDER YOUR LOCAL LAWS WHICH THIS AGREEMENT CANNOT CHANGE. TO THE EXTENT PERMITTED UNDER YOUR LOCAL LAWS, TriRand EXCLUDES THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGMENT 3. Delivery TriRand shall make a master copy of the Software available for download by Licensee in electronic files only. 4. Term and Termination This Agreement and the License granted hereunder shall terminate 30 days from the date you download the Software. Unless otherwise prohibited by law, and without prejudice to TriRand’s other rights or remedies, TriRand shall have the right to terminate this Agreement and the License granted hereunder immediately if You breach any of the material terms of this Agreement. Upon termination of this Agreement, the License granted to You hereunder shall terminate automatically and You shall immediately cease use of the Software. You must also destroy all copies of the Software upon such termination. 5. Product Discontinuance TriRand reserves the right to discontinue the Software or any component of the Software, whether offered as a standalone product or solely as a component, at any time. 6. Intellectual Property All title and ownership rights in and to the Software (including but not limited to any images, photographs, animations, video, audio, music, text embedded in the Software), the intellectual property embodied in the Software, and any trademarks or service marks of TriRand that are used in connection with the Software are and shall at all times remain exclusively owned by TriRand and its licensors. All title and intellectual property rights in and to the content that may be accessed through use of the Software is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. This Agreement grants you no rights to use such content. 7. Limitation of Liability To the maximum extent permitted by applicable law, in no event will TriRand be liable for any indirect, special, incidental, or consequential damages arising out of the use of or inability to use the Software, including, without limitation, damages for loss of goodwill, work stoppage, computer failure or malfunction, or any and all other commercial damages or losses, even if advised of the possibility thereof, and regardless of the legal or equitable theory (contract, tort or otherwise) upon which the claim is based. In any case, TriRand’s entire liability under any provision of this agreement shall not exceed $5, notwithstanding any failure of essential purpose of any limited remedy. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so this exclusion and limitation may not be applicable. TriRand is not responsible for any liability arising out of content provided by Licensee or a third party that is accessed through the Software and/or any material linked through such content. Any data included in the Software upon shipment from TriRand is for testing use only and TriRand hereby disclaims any and all liability arising therefrom. 8. Indemnity You agree to indemnify, hold harmless, and defend TriRand and its resellers from and against any and all claims, lawsuits and proceedings (collectively “Claims”), and all expenses, costs (including attorney's fees), judgments, damages and other liabilities resulting from such Claims, that arise or result from Your use of the Software in in violation of this Agreement 9. Entire Agreement This Agreement sets forth our entire agreement with respect to the Software and supersedes any prior or contemporaneous communications regarding the Software. You agree that You are not relying on any representation or obligation other than those set forth in this Agreement. Use of any purchase order or other Licensee document in connection herewith shall be for administrative convenience only and all terms and conditions stated therein shall be void and of no effect unless otherwise agreed to in writing by both parties. 10. No Assignment You may not assign, sublicense, sub-contract, or otherwise transfer this Agreement, or any rights or obligations under it, without TriRand’s prior written consent. 11. Survival Sections 2, 6, 7, 8, 9, 10, 11, and 12 shall survive the expiration or termination of this Agreement. 12. Severability If a particular provision of this Agreement is terminated or held by a court of competent jurisdiction to be invalid, illegal, or unenforceable, this Agreement shall remain in full force and effect as to the remaining provisions. YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, THAT YOU UNDERSTAND THIS AGREEMENT, AND UNDERSTAND THAT BY CONTINUING THE INSTALLATION OF THE SOFTWARE PRODUCT, BY LOADING OR RUNNING THE SOFTWARE PRODUCT, OR BY PLACING OR COPYING THE SOFTWARE ONTO YOUR COMPUTER HARD DRIVE, YOU AGREE TO BE BOUND BY THIS AGREEMENT’S TERMS AND CONDITIONS. YOU FURTHER AGREE THAT, EXCEPT FOR WRITTEN SEPARATE AGREEMENTS BETWEEN TriRand AND YOU, THIS AGREEMENT IS A COMPLETE AND EXCLUSIVE STATEMENT OF THE RIGHTS AND LIABILITIES OF THE PARTIES.