Evaluation License

LAST BASTION EVALUATION LICENSE (LBEL) Version 1.0

Grant of Rights to Evaluation Software. The computer software, documentation and any data files provided hereunder, whether in object code or source code, whether on disk, in read only memory, by electronic transmission or on any other media or in any other form (the "Last Bastion Evaluation Software") is licensed to you by Corporation of Balclutha. ("Last Bastion") for internal use, subject to the restrictions set forth herein. Although you may own the underlying media on which a copy of the Last Bastion Evaluation Software is recorded or reposed, Last Bastion retains title to the Last Bastion Evaluation Software and to any copies made therefrom. This License applies solely to Last Bastion Evaluation Software, and does not apply to other software distributed herewith, which may be subject to another open source or proprietary license.

Internal Use and Restrictions. You may install and use Last Bastion Evaluation Software for internal purposes only, and you may make copies and distribute the same internally as reasonably necessary to facilitate such permitted installation, use and modification, except as set forth herein:

You may not distribute or disclose Last Bastion Evaluation Software or derivative works made therefrom to third parties, other than contractors for internal purposes who have undertaken to be bound by the terms of this Agreement

All copies must retain the terms of this Agreement and any Copyright or other notices set forth here or in the source codes.

The Last Bastion Evaluation Software may be used for a period not to exceed thirty (30) days from the time of download for the purpose of evaluation only. Usage beyond the evaluation period requires an appropriate license to the full non-evaluation version of the software. Last Bastion reserves all rights not expressly granted herein. Without limitation of the forgoing, the grant of rights set forth herein grants no rights with respect to the use of any trademark, service mark or other intellectual property right of Corporation of Balclutha and, in particular, you may not use the same to suggest affiliation, to endorse or to promote products derived from this software without prior written permission.

Confidentiality. You agree to treat the Last Bastion Evaluation Software as confidential to Corporation of Balclutha, and that you shall take such precautions to preserve the confidentiality with such degree of care as you would treat your own confidential information and materials, but in no case with less than a reasonable degree of care. You agree not to use or disclose the Last Bastion Evaluation Software, without the express written consent of Corporation of Balclutha.

Software Provided Without Warranty and Subject to Limitation of Liability. THIS SOFTWARE IS PROVIDED BY CORPORATION OF BALCLUTHA``AS IS." CORPORATION OF BALCLUTHA DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR AGAINST INFRINGEMENT. IN NO EVENT SHALL CORPORATION OF BALCLUTHA OR ITS CONTRIBUTORS OR SUBSIDIARIES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF CORPORATION OF BALCLUTHA IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

Complete Agreement. This License constitutes the entire agreement between the parties with respect to the use of the Last Bastion Evaluation Software, and supersedes all prior or contemporaneous understandings regarding such subject matter. No amendment to or modification of this License shall be binding unless in writing and signed by Corporation of Balclutha.