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Oktopous™ PIK Version 1.4 Binary Evaluation License Agreement
Phonologies (India) Private Limited.

PHONOLOGIES (INDIA) PRIVATE LIMITED ("PHONOLOGIES") IS WILLING TO LICENSE THE BINARY CODE VERSION OF OKTOPOUS™ PIK Version 1.4 ("SOFTWARE") TO YOU ONLY UPON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS CONTAINED IN THIS BINARY CODE LICENSE AGREEMENT FOR OKTOPOUS™ PIK Version 1.4 ("AGREEMENT").

1. LICENSE: Phonologies hereby grants you (individual or organization) a non-exclusive, non-transferable, limited license without fees to use its Software, the software program's object code and accompanying documentation on the following terms and only for evaluation and NON-COMMERCIAL purposes. The terms and conditions of this Agreement will apply to any Software updates, provided to you at Phonologies' discretion, that replace and/or supplement the original software, unless such update contains a separate license. You may use the Software or make copies of the Software on any computer in your possession for the purposes of evaluating and integrating Software into your product or developing or running applications on the Software ("Intended Use").

2. LIMITATIONS ON LICENSE: The copies of Software provided to you under this Agreement is licensed, not sold, to you by Phonologies. Phonologies reserves all rights not expressly granted and the license granted in Section 1 is subject to the following restrictions:
    a. The Software is to be used only for evaluation and NON-COMMERCIAL purposes only, unless you obtain Phonologies' prior written consent. Prohibited commercial purposes include, but are not limited to (i) Selling, licensing, renting or demonstration the Software to third parties or customers for fee (or without a fee) by payment of money or otherwise, whether direct or indirect; (ii) Using the Software to provide services or products to others for which you are compensated (or not compensated) in any manner by payment of money or otherwise, whether direct or indirect, including, without limitation, providing support or maintenance for the Software or the product the Software is integrated or on which applications run.
    Other prohibited use includes, but are not limited to (i) You may not modify Software. However if the documentation accompanying Software lists specific portions of Software, such as header files, APIs, reference source code, and/or redistributable files, that may be handled differently, you may do so only as provided in the documentation; (ii) You do not remove or alter any proprietary legends or notices contained in the Software; (iii) You do not decompile or reverse engineer Software unless required by law; (iv) No right, title or interest in or to any trademark, service mark, logo or trade name of Phonologies or its licensors is granted under this Agreement.
3. TITLE: Title, ownership rights, and intellectual property rights in and to the Software, and each copy thereof (including all copyrights therein), shall remain in Phonologies. The Software is protected by the copyright laws of India and International Copyright Treaties.

4. OPEN SOURCE: Portions of Software may be provided with notices and open source licenses from third parties that govern the use of those portions, and any licenses granted hereunder do not alter any rights and obligations you may have under such open source licenses, however, the disclaimer of warranty and limitation of liability provisions in this Agreement will apply to all Software in this distribution.

5. COPYRIGHT AND TRADEMARK NOTICES: The Software and all accompanying documentation and all computer files is Copyright (c) Phonologies (India) Private Limited 2001 - 2011. All rights reserved. These rights include but are not limited to any foreign language translations of the manual or the Software, and all derivative works of both. The trademarks Oktopous™ are the property of Phonologies (India) Private Limited, and other trademarks are the property of their respective owners.

6. NO PHONOLOGIES OBLIGATION: You are solely responsible for all of your costs and expenses incurred in connection with the evaluation and integration of the Software, and Phonologies shall have no liability, obligation or responsibility therefore. Phonologies shall have no obligation to provide maintenance, support, upgrades or new releases to you of the Software.

7. DISCLAIMER OF WARRANTY: UNLESS SPECIFIED IN THIS AGREEMENT, ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT ARE DISCLAIMED, EXCEPT TO THE EXTENT THAT THESE DISCLAIMERS ARE HELD TO BE LEGALLY INVALID.

8. LIMITATION OF LIABILITYE: UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL PHONOLOGIES, ITS DISTRIBUTORS AND SUPPLIERS, OR ANY OTHER PERSON WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF THE SOFTWARE BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY GENERAL, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR OTHER DAMAGES OF ANY CHARACTER ARISING OUT OF THIS AGREEMENT OR THE USE OF OR INABILITY TO USE THE SOFTWARE, INCLUDING BUT NOT LIMITED TO PERSONAL INJURY, LOSS OF PROFITS, LOSS OF DATA, OUTPUT FROM THE SOFTWARE OR DATA BEING RENDERED INACCURATE, FAILURE OF THE SOFTWARE TO OPERATE WITH ANY OTHER PROGRAMS, DAMAGES FOR LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER DAMAGES OR LOSSES OF WHATEVER NATURE, EVEN IF PHONOLOGIES HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES.

9. INDEMNIFICATION: You shall defend, indemnify and hold harmless Phonologies, its distributors and suppliers, and all other persons who have been involved in the creation, production, or delivery of the Software, from any claim, demand, liability, damage award, suit, judgment, or other legal action (including reasonable attorney's fees) arising out of your Intended Use or modification of the Software.

10. TERMINATION: The license granted hereunder is effective until terminated by Phonologies. You may terminate it at any time by destroying the Software or any copies thereof. If any provision of this Agreement is held to be unenforceable for any reason, this Agreement shall terminate. This license will terminate automatically if you fail to comply with the limitations described above. Upon termination, you must destroy all copies of the Software and confirm compliance in writing to Phonologies.

11. ENTIRE AGREEMENT: This Agreement is the entire agreement between you and Phonologies relating to its subject matter and supersedes all prior or contemporaneous oral or written communications, proposals, representations and warranties and prevails over any conflicting or additional terms of any quote, order, acknowledgment, or other communication between the parties relating to its subject matter during the term of this Agreement. No modification of this Agreement will be binding, unless in writing and signed by an authorized representative of each party. Address all correspondence regarding this Agreement to:
    Phonologies (India) Private Limited.
    Attn:     Legal Department
    A-53 Electronics Sadan, TTC Industrial Area,
    Mahape, Navi Mumbai 400 701, INDIA.
    (T) +91 (22) 27684560

12. GOVERNING LAW: This Agreement and any action related to this Agreement shall be governed by and construed in accordance of the laws of India prevalent at the date of this Agreement and in conjunction with United Nations Convention on Contracts for the International Sale of Goods.

Last Modified: 1st July, 2011.

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