END-USER LICENSE AGREEMENT
FOR ALL DZX PRODUCT(S) DISTRIBUTED FROM THIS SITE

IMPORTANT- READ CAREFULLY: This DZX DESIGNS ("DZX DESIGNS") End-User License Agreement ("EULA") is a legal agreement between you, a developer of embedded firmware and computer software applications, ("Developer End User") and DZX DESIGNS for all DZX DESIGNS products, frameworks, components, source code, demos, intermediate files, media, printed materials, and "online" or electronic documentation ("DZX PRODUCT(S)") contained in this distribution.

By installing, copying, or otherwise using the DZX PRODUCT(S), you agree to be bound by the terms of this EULA. If you do not agree to any part of the terms of this EULA, DO NOT INSTALL, COPY, USE, EVALUATE, OR REPLICATE IN ANY MANNER, ANY PART, FILE OR PORTION OF THE DZX PRODUCT(S).

All DZX PRODUCT(S) is licensed, not sold.

RIGOROUS ENFORCEMENT OF INTELLECTUAL PROPERTY RIGHTS.
If the licensed right of use for this DZX PRODUCT(S) is purchased by you with any intent to reverse engineer, decompile, create derivative works, and the exploitation or unauthorized transfer of, any DZX DESIGNS intellectual property and trade secrets, to include any exposed methods or source code where provided, no licensed right of use shall exist, and any DZX PRODUCT(s) created as a result shall be judged illegal by definition of all applicable law. Any sale or resale of intellectual property or created derivatives so obtained will be prosecuted to the fullest extent of all local, federal and international law.

1. GRANT OF LICENSE.

Subject to all the terms and conditions of this EULA, DZX DESIGNS grants Developer End User a non-exclusive, non-transferable license to install and use the DZX PRODUCT(S) included in this distribution as authorized below:

1.1 INDIVIDUAL USE LICENSE.

If you are an individual and are using the DZX PRODUCT(S), you may install, copy, and use the DZX PRODUCT(S) by purchasing a 12 month subscription from DZX DESIGNS or its authorized resellers. Refer to Section 8 of this EULA for more information.

1.2 BUSINESS AND GOVERNMENT USE LICENSE.

DZX DESIGNS licenses the DZX PRODUCT(S) on a per-developer basis. If you are a business or government entity, your employees may install, copy, and use the DZX PRODUCT(S) by purchasing a 12 month subscription from DZX DESIGNS or its authorized resellers for each developer using the DZX PRODUCT(S). Refer to Section 8 of this EULA for more information.

1.3 EVALUATION USE LICENSE.

If the DZX PRODUCT(S) you have obtained is marked as "EVALUATION", you may install and use the DZX PRODUCT(S) for evaluation purposes only. You may not create commercial products or applications using the DZX PRODUCT(S) under the terms of the EVALUATION USE LICENSE. You may not redistribute any files in the DZX PRODUCT(S) distribution if using an evaluation version of the DZX PRODUCT(S).

2. LIMITATIONS ON REVERSE ENGINEERING, DECOMPILATION, AND DISASSEMBLY.

You may not reverse engineer, decompile, create derivative works or disassemble the DZX PRODUCT(S). If the DZX PRODUCT(S) is purchased by you with the intent to reverse engineer, decompile, create derivative works, or the exploitation and unauthorized transfer of any DZX DESIGNS intellectual property and trade secrets, to include any exposed methods or source code where provided, no licensed right of use shall exist and any PRODUCT(s) created as a result shall be judged illegal by definition. Any sale or resale of intellectual property or created derivatives so obtained will be prosecuted to the fullest extent of all local, federal and international law.

3. SEPARATION OF COMPONENTS.

The DZX PRODUCT(S) is licensed as a single PRODUCT(s). The DZX PRODUCT(S) and its constituent parts and any provided redistributables may not be reverse engineered, decompiled, disassembled or separated for use on more than one computer, nor placed for distribution, sale, or resale as individual creations by Developer End User. The provision of source code, if included with the DZX PRODUCT(S), does not constitute transfer of any legal rights to such code, and resale or distribution of all or any portion of all source code and intellectual property will be prosecuted to the fullest extent of all applicable local, federal and international laws. All DZX DESIGNS libraries, source code, redistributables and other files remain DZX DESIGNS's exclusive property. You may not distribute any files, except those that DZX DESIGNS has expressly designated as Redistributable.

4. RENTAL.

You may not rent, lease, or lend the DZX PRODUCT(S).

5. TRANSFER.

You may NOT permanently or temporarily transfer ANY of your rights under this EULA to any individual or business or government entity without prior written approval from DZX DESIGNS. Regardless of any modifications which you make and regardless of how you might compile, link, and/or package your programs, under no circumstances may the libraries, Redistributables, and/or files included in the DZX PRODUCT(S) (including any portions thereof) be used for developing programs by anyone other than you. Only you as the licensed Developer End User have the right to use the libraries, redistributables, or other files of the DZX PRODUCT(S) (or any portions thereof) for developing programs created with the DZX PRODUCT(S). You may not share copies of the Redistributables with other co-developers. You may not reproduce or distribute any DZX DESIGNS documentation without the permission of DZX DESIGNS.

6. REDISTRIBUTION.

The DZX PRODUCT(s) may include certain files ("REDISTRIBUTABLE(s)") intended for distribution by you to the users of software applications which you create. Redistributables include, for example, those files identified in printed or on-line documentation as redistributable files or those files preselected for deployment by an install utility provided with the DZX PRODUCT(S) (if any). In all circumstances, the REDISTRIBUTABLES for the DZX PRODUCT(S) are only those files specifically designated as such by DZX DESIGNS.

AT NO TIME MAY DEVELOPER END USER CREATE ANY TOOL, REDISTRIBUTABLE, OR PRODUCT THAT DIRECTLY OR INDIRECTLY COMPETES WITH THE DZX PRODUCT(S) BY UTILIZING ALL OR ANY PORTION OF THE DZX DESIGNS DZX PRODUCT(S).

Distribution by the Developer End User of any design-time tools (EXE's or DLL's), executables, and source code distributed to Developer End User by DZX DESIGNS as part of this DZX PRODUCT(S) and not explicitly identified as a redistributable file is strictly prohibited. The Developer End User shall not develop software applications that provide an application programming interface to the DZX PRODUCT(S) or the DZX PRODUCT(S) as modified.

The Developer End User may NOT distribute the DZX PRODUCT(S), in any format, to others for development or application compilation purposes.

Developer End User MAY NOT REDISTRIBUTE any files in the DZX PRODUCT(S) distribution if using an evaluation, trial, or demo version of the DZX PRODUCT(S).

7. COPYRIGHT.

All title and copyrights in and to the DZX PRODUCT(S) (including but not limited to any DZX DESIGNS trademarks, copywritten images, demos, source code, intermediate files, packages, photographs, redistributables, animations, video, audio, music, text, and "applets" incorporated into the DZX PRODUCT(S) the accompanying printed materials, and any copies of the DZX PRODUCT(S)) are owned by DZX DESIGNS or its subsidiaries. The DZX PRODUCT(S) is protected by copyright laws and international treaty provisions and therefore, you must treat the DZX PRODUCT(S) like any other copyrighted material except that you may install and use the DZX PRODUCT(S) as described in this EULA.

8. TWELVE (12) MONTH SUBSCRIPTION AND UPDATES.

DZX DESIGNS licenses the DZX PRODUCT(S) on a subscription basis. A subscription lasts for a 12 month period from the date of purchase. Developer End User will be eligible to receive all major and minor updates for the DZX PRODUCT(S) during this 12 month period. Upon expiration of a subscription (12 months after original purchase date), Developer End User can optionally renew the DZX PRODUCT(S) subscription for an additional 12 month period (and each subsequent year thereafter) in order to continue receiving major and minor updates of the DZX PRODUCT(S) from DZX DESIGNS.

If the DZX PRODUCT(S) is labeled as an update, you must be properly licensed to obtain the updated DZX PRODUCT(S). A DZX PRODUCT(S) labeled as an update replaces and/or supplements the DZX PRODUCT(S) that formed the basis for your eligibility for the update, and together constitutes a single PRODUCT(S). You may only use the updated PRODUCT(S) in accordance with all the terms of this EULA.

Pricing for the 12 month DZX PRODUCT(S) subscription and any subsequent renewal of the subscription are listed on www.dzxdesigns.com and subject to change with or without notice.

DZX DESIGNS reserves the right to discontinue the DZX PRODUCT(S) or its constituents, at any time.

9. DOWNLOAD OF DZX PRODUCT(S).

The DZX PRODUCT(S) will be made available for download from www.dzxdesigns.com exclusively.

10. EXPORT RESTRICTIONS.

DZX DESIGNS expressly complies with all export restrictions imposed by the government of the United States of America. You, as Developer End User, must agree not to export or re-export the DZX PRODUCT(S) within any created application to any country, person, entity or end user subject to U.S.A. export restrictions. Restricted countries currently include, but are not necessarily limited to Cuba, Iran, North Korea, Sudan, and Syria. You warrant and represent that neither the U.S.A. Bureau of Export Administration nor any other federal agency has suspended, revoked or denied your export privileges.

11. DISCLAIMER OF WARRANTY.

DZX DESIGNS expressly disclaims any warranty for the DZX PRODUCT(S). THE DZX PRODUCT(S) AND ANY RELATED DOCUMENTATION IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. DZX DESIGNS DOES NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS REGARDING THE USE, OR THE RESULTS OF THE USE, OF THE DZX PRODUCT(S) IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE DZX PRODUCT(S) REMAINS WITH YOU.

No oral or written information or advice given by DZX DESIGNS or its employees shall create a warranty or in any way increase the scope of this warranty.

12. LIMITATIONS ON LIABILITY.

To the maximum extent permitted by applicable law, in no event shall DZX DESIGNS be liable for any special, incidental, indirect, or consequential damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the use of or inability to use the DZX PRODUCT(S) or the provision of or failure to provide Support Services, even if DZX DESIGNS has been advised of the possibility of such damages.

Developer End User understands that the DZX PRODUCT(S) may produce inaccurate results because of a failure or fault within the DZX PRODUCT(S) or failure by Developer End User to properly use and or deploy the DZX PRODUCT(S). Developer End User assumes full and sole responsibility for any use of the DZX PRODUCT(S), and bears the entire risk for failures or faults within the DZX PRODUCT(S). You agree that regardless of the cause of failure or fault or the form of any claim, YOUR SOLE REMEDY AND DZX DESIGNS'S SOLE OBLIGATION SHALL BE GOVERNED BY THIS AGREEMENT AND IN NO EVENT SHALL DZX DESIGNS'S LIABILITY EXCEED THE PRICE PAID TO DZX DESIGNS FOR THE DZX PRODUCT(S). This Limited Warranty is void if failure of the DZX PRODUCT(S) has resulted from accident, abuse, alteration, unauthorized use or misapplication of the DZX PRODUCT(S).

13. INDEMNIFICATION.

You hereby agree to indemnify DZX DESIGNS and its officers, directors, employees, agents, and representatives from each and every demand, claim, loss, liability, or damage of any kind, including actual attorney's fees, whether in tort or contract, that it or any of them may incur by reason of, or arising out of, any claim which is made by any third party with respect to any breach or violation of this Agreement by you or any claims based on the Applications and the DZX PRODUCT(S) included herein.

14. SUPPORT SERVICES.

DZX DESIGNS may provide you with support services related to the DZX PRODUCT(S) ("Support Services"). Use of Support Services is governed by DZX DESIGNS policies and programs described in the user manual, in "on line" documentation and/or other DZX DESIGNS provided materials. Any supplemental DZX PRODUCT(S) provided to you as part of the Support Services shall be considered part of the DZX PRODUCT(S) and subject to the terms and conditions of this EULA. With respect to technical information you provide to DZX DESIGNS as part of the Support Services, DZX DESIGNS may use such information for its business purposes, including for DZX PRODUCT(S) support and development.

15. TERMINATION.

Without prejudice to any other rights or remedies, DZX DESIGNS will terminate this EULA upon your failure to comply with all the terms and conditions of this EULA. In such events, Developer End User must destroy all copies of the DZX PRODUCT(S) and all of its component parts including any related documentation, and must remove ANY and ALL use of DZX DESIGNS intellectual property from any applications distributed by Developer End User, whether in native, altered or compiled states.

16. TAX.

DZX DESIGNS delivers its software electronically and does not collect sales or use tax for residents of US states in which it operates. You should confirm that your local, state, or federal government does not impose any sales or use tax on electronically delivered software. You are entirely liable for any such sales or use tax.

17. MISCELLANEOUS.

This EULA shall be construed, interpreted and governed by the laws of the State of Montana, U.S.A. This EULA gives you specific legal rights; you may have others that vary from state to state and from country to country. This EULA may only be modified in writing signed by you and an authorized officer of DZX DESIGNS. If any provision of this EULA is found void or unenforceable, the remainder will remain valid and enforceable according to its terms. If any remedy provided is determined to have failed for its essential purpose, all limitations of liability and exclusions of damages set forth in the Limited Warranty shall remain in effect.

DZX DESIGNS reserves all rights not specifically granted in this EULA.

YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT AND YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT UPON INSTALLATION AND/OR USE of ALL DZX PRODUCT(S) INCLUDED IN THIS DISTRIBUTION.