INTRODUCTION

This is a legally binding agreement between the licensee (“you”) and the licensor, apixxo ag (“apixxo”) concerning the right to use, including but not limited to, access, install, evaluate, execute, copy and store (“use”), apixxo and third party software, including but not limited to, source code, demos, intermediate files, media, printed materials and “online”, electronic or printed documentation (“Software Product(s)”) contained in an installation via internet download, copy from CD or other medium, or in featherlite-framework.com, apixxo.com or any other apixxo owned, operated, licensed or controlled websites (“Website(s)”).

By using the Software Product(s), you acknowledge that you have read this Agreement, understand it, and agree to be bound by terms and conditions, including but not limited to the Software Product(s) license, its payment and the disclaimer of warranty. Please read this document carefully before using the Software Product(s) in any way.

FOR EACH INSTALLATION OF A SOFWARE PRODUCT(S) ON A COMPUTER, MACHINE OR OTHER TYPE OF HARDWARE (“HARDWARE”), A LICENSE IS DUE, EVEN WHEN THE LICENSE FEE OF THE SELECTED SOFTWARE PRODUCT(S) IS ZERO US$, EXCEPT for one back-up copy of the licensed Software Product(s) and EXCEPT for cases of internal networks where one license is due per Hardware connected. An installation of software is the act of putting the software onto any type of Hardware, so that it can be stored, executed or otherwise used.

The licenses are granted on a personal basis to you as a person, a developer, an end-user or the representative of a legal entity for the installation of the Software Product(s) whether incorporated or not in a software application.

PLEASE NOTE THAT CERTAIN SOFTWARE PRODUCT(S), SERVICES OR AREAS OF THE WEBSITE(S) MAY CONTAIN OTHER PROPRIETARY NOTICES, CONDITIONS OF USE, AND COPYRIGHT INFORMATION, THE TERMS OF WHICH WILL GOVERN YOUR USE OF THAT PARTICULAR SOFTWARE PRODUCT(S), SERVICE OR AREA OF THE WEBSITE.

Your profile

You certify that you are of the legal age of majority in the jurisdiction in which you reside (at least 18 years of age in many countries). The license agreement cannot be shared in any way or with anyone. Notwithstanding the foregoing restriction, if you are the parent or legal guardian of an individual between the age of 13 and the legal age of majority in the jurisdiction in which you reside, you may enter the license agreement for his or her sole use under your supervision and only in accordance with this agreement. You are responsible for such individual’s compliance with and violations of this agreement. If you do not agree to the Agreement, do not let this individual use apixxo Software Product(s).

APIXXO SOFTWARE PRODUCT(S) IS FOR PROFESSIONAL USE ONLY. You agree that you have read and understood the specification of the Software Product(s) and the technical environment required, as described in the “Product Description”. YOU UNDERSTAND THAT MOST APIXXO SOFTWARE PRODUCT(S)IS NOT EXECUTABLE SOFTWARE ON ITS OWN, BUT NEED TO BE CONFIGURED TO FORM AN EXECUTABLE APPLICATION AND YOU ACKNOWLEDGE THAT YOU HAVE THE EXPERTISE TO USE APIXXO SOFTWARE PRODUCT(S) PROPERLY.

Authorized Hardware

You may not install apixxo Software Product(s) on any Hardware without permission from the owner of that Hardware. By downloading apixxo supplied Software product(s) from internet or copying it from a CD or another medium for any purpose, you represent and warrant that you are either the owner or an authorized user of the Hardware where apixxo Software Product(s) is installed.

YOU WARRANT THAT YOU HAVE THE RIGHT, THE AUTHORITY AND CAPACITY TO ENTER INTO THIS AGREEMENT AND TO ABIDE BY ALL ITS TERMS AND CONDITIONS, JUST AS IF YOU HAD SIGNED IT. YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS, INCLUDING BUT NOT LIMITED TO, THE SOFTWARE LICENSE, ITS PAYMENT AND THE DISCLAIMER OF WARANTY.

IF YOU DO NOT UNDERSTAND OR AGREE WITH ANY OF THE TERMS AND CONDITIONS OUTLINED IN THIS AGREEMENT, DO NOT USE APIXXO SOFTWARE PRODUCT(S) IN ANY WAY: DO NOT SELECT “I AGREE”, AND THE SOFTWARE PRODUCT(S) WILL NOT BE DOWNLOADED VIA INTERNET AND/OR SENT TO YOU FOR COPY FROM A CD OR OTHER MEDIUM. IF YOU ARE ALREADY IN POSSESSION OF THE SOFTWARE PRODUCT(S), TERMINATE THE AGREEMENT IMMEDIATELY.

LEGAL, COPYRIGHT AND TRADEMARK INFORMATION

apixxo supplies Software product(s) either on its own behalf or as a licensed distributor of third party proprietary owners. ALL RIGHTS NOT EXPRESSLY GRANTED TO YOU IN THIS AGREEMENT ARE EXPRESSLY RESERVED TO APIXXO AND ITS LICENSORS.

Accuracy of data

THE DATA PROVIDED ON THE WEBSITE(S), CD OR OTHER MEDIUM AND ANY RELATED COMMUNICATION ARE PROVIDED ON AN "AS IS" AND “AS AVAILABLE” BASIS FOR INFORMATION PURPOSES ONLY. In addition, all warranties are hereby disclaimed, including the implied warranties of merchantability, fitness for a particular purpose, or non infringement. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you.

INFORMATION ON THE WEBSITE(S) MAY CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. Information may be changed or updated without notice. apixxo reserves the right to make improvements and/or changes in the products, the prices and/or the programs described in this information at any time without notice.

Proprietary rights of apixxo

All title and copyrights in and to the Software Product(s) and Website(s) (including but not limited to any, demos, source code, intermediate files, packages, redistributables, layout, photographs, images, logos, animations, video, audio, music, press releases, datasheets, FAQs, the accompanying printed materials, and any copy of the Software Product(s)) are owned by apixxo or its licensors, the third party Software Product(s) proprietors and protected by international copyright, trademarks, patents and other proprietary rights, Laws and treaty provisions relating to Intellectual Property Rights.

COPYING OR REPRODUCTION IN WHOLE OR PART OF THE SOFTWARE PRODUCT(S) OR WEBSITE(S), TO ANY OTHER SERVER OR MEDIUM OR LOCATION FOR FURTHER REPRODUCTION, REDISTRIBUTION, RENTAL OR OTHERWISE RE-USE IS EXPRESSLY PROHIBITED UNLESS EXPRESSLY PERMITTED BY APIXXO IN A WRITTEN AGREEMENT.

YOU AGREE AND ACKNOWLEDGE THAT APIXXO, ON BEHALF OF ITSELF OR ANY SOFTWARE PROPRIETOR, TRANSFERS NO OWNERSHIP INTEREST IN ANY SOFTWARE PRODUCT(S) OR WEBSITE (OR ANY PART OF IT), OR IN THE INTELLECTUAL PROPERTY (INCLUDING BUT NOT LIMITED TO COPYRIGHT) IN ANY SOFTWARE PRODUCT(S) OR IN SOFTWARE COPY OR IN ANY WEBSITE (OR ANY PART OF IT), TO YOU UNDER THIS AGREEMENT OR OTHERWISE.

You agree to treat the Software Product(s) and the Website(s) like any other copyrighted material, except that you may install and use the Software Product(s) as described in this Agreement.

AMONG OTHERS, YOU AGREE NOT TO DELETE, ALTER, OR REMOVE ANY COPYRIGHT, TRADEMARK, OR OTHER PROPRIETARY RIGHTS NOTICE APIXXO AND ITS LICENSORS HAVE PLACED ON THE SOFTWARE PRODUCT(S) OR THE WEBSITE(S). Further you agree to take all reasonable, legal and appropriate measures to prohibit the illegal dissemination of the Software Product(s) or any of its constituent parts to the fullest extent of all applicable Local, Federal and International Laws and Treaties regarding anti-circumvention, including but not limited to, the Geneva and Berne World Intellectual Property Organization (WIPO) Diplomatic Conferences.

Violators will be prosecuted to the maximum extent possible. Specifically, but not exclusively, if the licensed right of use for this Software Product(s) is purchased by you with any intent to reverse engineer, decompile, create derivative works, and the exploitation or unauthorized transfer of, any apixxo 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 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.

Copyright Protection of your content

Unless otherwise set forth, you retain ownership of all rights in the content you display on or through the use of the Website(s) and you are solely responsible for it. However, you grant us permission to use such content in any way we see fit, for instance for the purposes of promotion of our services.

It is your obligation to ensure that your display of any content, including but not limited to software, photos, text, video and music files, does not infringe the intellectual property rights of others. You must either own or have a license to use any copyrighted content that you display on the Website(s). apixxo respects and expects its users to respect the rights of copyright holders. On notice, apixxo will act appropriately to remove content that infringes the copyright rights of others. apixxo reserves the right to disable the access to the Website(s) or other services by anyone who uses them to repeatedly infringe the Intellectual Property Rights of others.

apixxo does not wish to receive, act to procure, nor desires to solicit, confidential or proprietary information from you through our Website. Please note that any information or material divulged during chats, posted to forums or sent to apixxo will be deemed NOT to be confidential by apixxo. By the submission of any information or material, you grant apixxo an unrestricted, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute those materials or information, and you also agree apixxo is free to use any ideas, concepts, know-how or techniques that you send us for any purpose. However, we will not release your name or otherwise publicize the fact that you submitted materials or other information to us unless we obtain your permission to use your name; or we first notify you that the materials or other information you submit to a particular part of this site will be published or otherwise used with your name on it; or we are required to do so by Law.

ALL MODIFICATIONS OR ENHANCEMENTS OF THE SOFTWARE PRODUCT(S) REMAIN THE SOLE PROPERTY OF APIXXO.

Trademarks

apixxo service titles so designated, and apixxo products referenced herein, including but not limited to the framework featherlite, are either trademarks or registered trademarks of apixxo. All third party trademarks represented on the Website(s) may be the property of their respective owners.

COPYRIGHT NOTICE

Copyright © 2006 – 2010 apixxo ag. All rights reserved.

GRANT OF LICENSE

apixxo grants to you as an individual, a personal, non-exclusive, non-transferable and non-assignable, revocable, limited license to install and use the Software Product(s) for the sole purposes of

Evaluating the Software Product(s) or designing, developing application programs on the basis of the Software Product(s), or

Testing an application based on the Software Product(s) on any type of Hardware, or

Executing an application based on the Software Product(s) on any type of Hardware

FOR THE AVOIDANCE OF DOUBTS, THE RIGHTS SET OUT IN 1), 2) OR 3) ABOVE ARE MUTUALLY EXCLUSIVE. There has to be one license per installation - as defined in the Chapter “Introduction” - and purpose.

ALL SOFTWARE PRODUCT(S) ARE LICENSED ON A PERSONAL BASIS, NOT SOLD. You must acquire from apixxo or its authorized resellers a personal license for each Software Product(s) installation as defined in the INTRODUCTION to this Agreement.

You may not distribute the Software Product(s), in any format, to any other person or install it onto any Hardware EXCEPT if you have entered a specific reseller agreement with apixxo. Regardless of how you might compile, link, and/or package your programs and applications, under no circumstances may the Software Product(s) (including but not limited to any portions thereof and related documentation) be used for developing programs or executing applications by anyone who is not a direct and personal licensee of apixxo or automatically run on any type of Hardware for which a personal license has not been purchased by the legal owner or the representative or the owning entity.

The period of use is stated in the individual Software Product Description, EXCEPT that the term of your license to use evaluation or trial (“Evaluation”) Software Product(s) will be thirty (30) days or such period as apixxo designates at the time you download the Evaluation Software Product(s) from internet respectively apixxo delivers to you the CD or other medium for copy of the Evaluation Software Product(s) onto your Hardware.

The Evaluation Software Product(s) is licensed to you with all the rights set out in this Agreement, but with a limited license term, operability and/or functionality. You agree and acknowledge that apixxo provides the Evaluation Software Product(s) solely for demonstration purposes and not for long term use. On your accepted order for a non-Evaluation license of the Software Product(s), and payment of the applicable fee, apixxo will provide a key or another mechanism to you for conversion of the Evaluation limited license to a non-Evaluation license. In the case the Evaluation period has expired and no non-Evaluation license has been ordered and paid, the Agreement is terminated and all termination conditions as stated in the “Termination” chapter must be fulfilled.

apixxo reserves the right to add additional features or functions to the existing Software Product(s) and release new versions. You understand that we may require your review and acceptance of our then-current License Agreement before you will be permitted to use any subsequent versions of the Software Product(s). You acknowledge and agree that apixxo has no obligation to make available to you any subsequent versions of the Software Product(s).

This Agreement, if legally executed as defined herein, licenses and so grants the single individual you are the following rights: you may install the Software Product(s) onto a single Hardware for use on that Hardware and you may have one back-up copy. You agree that your use and possession of such back-up copy will be solely under the terms and conditions of this Agreement, and you will reproduce the same proprietary and copyright notices and legends on this copy, as shown by apixxo or the Software proprietor.

No reverse-engineering

The Software Product(s) is licensed as a single product. The Software Product(s) and its constituent parts may not be reverse engineered, decompiled, disassembled or separated for use on more than one piece of Hardware, nor placed for distribution, sale, or resale as individual creations by you.

YOU MAY NOT, EVEN IN CASES OF FAILURE OR FAULT WITHIN THE SOFTWARE PRODUCT(S), MODIFY, REVERSE-ENGINEER, DECOMPILE, CREATE DERIVATIVE WORKS, TRANSLATE, ATTEMPT TO DERIVE THE SOURCE CODE OF ANY SOFTWARE PRODUCT(S) COMPONENTS AND ANY SECURITY COMPONENTS OF THE SOFTWARE PRODUCT(S), THE SERVICES OF THE WEBSITE(S), OTHERWISE DISCOVER OR DISASSEMBLE THE SOFTWARE PRODUCT(S), and only to the extent that such activity is expressly permitted by applicable Law notwithstanding this limitation.

You agree that you will not use any automatic or manual device or process to interfere or attempt to interfere with the proper working of the Software Product(s) and/or the Website(s), except to remove our Software Product(s) from a computer of which you are an owner or authorized user, when you terminate the Agreement. You may not burden network capacity, violate or attempt to violate the security of our services.

The provision of source code - when included to the Software Product(s) delivered - helps you understand the structure and robustness of the Software Product(s) and does not constitute a 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 libraries, source code, and other files remain apixxo’s or apixxo’s licensors exclusive property. You may not distribute any files, except those apixxo would explicitly designate as redistributable in this Agreement.

ALL MODIFICATIONS OR ENHANCEMENTS OF THE SOFTWARE PRODUCT(S) REMAIN THE SOLE PROPERTY OF APIXXO OR ITS LICENSORS.

No transfer of rights

YOU MAY NOT PERMANENTLY OR TEMPORARILY SUBLICENSE, TRANSFER OR ASSIGN THIS AGREEMENT OR ANY OF YOUR RIGHTS OR OBLIGATIONS UNDER THIS AGREEMENT, IN WHOLE OR IN PART TO ANY INDIVIDUAL OR ENTITY WITHOUT PRIOR WRITTEN APPROVAL FROM APIXXO.

You may not distribute, rent, lease, sell or transfer for free or for a profit, sublicense, lend, assign, copy (other than a single copy for back-up purposes), or otherwise convey the Software Product(s) or any part of it, including but not limited to any demos, source code, intermediate files, packages to anyone.

apixxo IS ENTITLED TO TRANSFER ITS RIGHTS AT ANY MOMENT WITHOUT NOTICE.

No competing products/activities

AT NO TIME MAY YOU CREATE OR DISTRIBUTE ANY TOOL, REDISTRIBUTABLE, SOFTWARE PRODUCT(S) OR RELATED DOCUMENTATION THAT DIRECTLY OR INDIRECTLY COMPETES WITH APIXXO SOFTWARE PRODUCT(S) AND WEBSITE(S) AND WHICH UTILIZES ALL OR ANY PORTION OF THE SOFTWARE PRODUCT(S) OR WEBSITE(S). FURTHER YOU SHALL NOT DEVELOP AND/OR DISTRIBUTE SOFTWARE APPLICATIONS THAT PROVIDE AN APPLICATION PROGRAMMING INTERFACE TO THE SOFTWARE PRODUCT(S).

Dual-Media Software Product(s)

You may receive the Software Product(s) in more than one medium, for example as an internet download and via CD. Regardless of the medium, you may use only one medium that is appropriate for your Hardware. After you have signified your Agreement to these terms and conditions and paid any applicable license fees, title to the CD or other media will pass to you, but apixxo and its licensors as applicable will retain ownership and copyright of all Software on the CD or other media and of any copy you make of all or part of any Software, at all times and for all purposes.

You may not loan, sell, rent, lease, or otherwise transfer in any manner the other medium to another user or entity.

Upgrades

If the Software Product(s) is labelled as an upgrade, you must have a proper subscription license in order to be eligible for it. A Software Product(s) labelled as an upgrade replaces and/or supplements the Software Product(s) that formed the basis for your eligibility for the upgrade, and together constitutes a single product(s). You may use the resulting upgraded product(s) only in accordance with all the terms of our then-current Agreement. You acknowledge that an upgrade may result in larger file sizes.

If you do not have a subscription license, you may license the Software Product(s) at the rate and conditions indicated in the Website(s). There may be special conditions for clients who licensed a previous version of said or other Software Product(s).

Geographical restrictions

apixxo expressly complies with all export restrictions imposed by the government of Switzerland and the United States of America. Neither the Software Product(s) nor any part of it may be exported to any country, individual or entity subject to Switzerland and U.S.A. export restrictions. In particular but without limitation, none of the Software or technology may be exported or re-exported into (or to a national or resident or entity of) any country to which Switzerland or the U.S.A. embargoes goods, or to anyone on the US Treasury Department's list of Specially Designated Nationals or the US Department of Commerce Denied Person’s List or Entity List.

By using the Software Product(s) and visiting the Website(s), you warrant that you are not located in, under the control of, or a national or resident of any such country of export restrictions or on any such list, and that you will remain in full compliance with all Switzerland and U.S.A applicable Laws and regulations. You agree that you will not use any apixxo Software Product(s) for any purposes prohibited by Swiss and US Laws, including, without limitation, the development, design, manufacture or production of nuclear, chemical or biological weapons.

Field restrictions

You may not use Software Product(s) or applications based on Software Product(s) for aircraft navigation or communication systems, air traffic control, direct life support machines, in which the failure could lead directly to death, personal injury, or severe physical or environmental damage. You agree not to use apixxo Software Product(s) in such hazardous environments. When used in a automatized environment, the Software Product(s) has to be complemented with other security control mechanisms.

DISCLAIMER OF WARRANTY

YOUR ACCESS TO AND USE OF THE SOFTWARE PRODUCT(S), WEBSITE(S), SERVICES AND RELATED DOCUMENTATION IS AT YOUR SOLE RISK. You will be solely responsible for any damage to your Hardware, or loss of data that results from the use of any Software Product(s) or Website(s) content.

APIXXO DISCLAIMS AND EXCLUDES ALL WARRANTIES WHETHER EXPRESS OR IMPLIED IN LAW OR OTHERWISE TO THE FULLEST EXTENT PERMITTED BY LAW FOR DAMAGES ARISING OUT OF THE USE OF OR IN CONNECTION WITH THE SOFTWARE PRODUCT(S), THE WEBSITE(S), ANY CD OR OTHER MEDIUM AND ANY RELATED DOCUMENTATION OR SERVICES.

APIXXO PROVIDES THE SOFTWARE PRODUCT(s), THE WEBSITE(S) AND ALL CONTENTS ON AN "AS IS," AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, ACCURACY OF INFORMATIONAL CONTENT, SYSTEM INTEGRATION OR NON-INFRINGEMENT.

SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES. IN SUCH JURISDICTIONS, THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU INSOFAR AS THEY RELATE TO IMPLIED WARRANTIES.

apixxo owned Software Product(s)

The Software Product(s) and any related documentation is provided “as is” and “as available” without warranty of any kind.

APIXXO DOES NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS REGARDING THE USE, OR THE RESULTS OF THE USE, OF THE SOFTWARE PRODUCT(S) IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE SOFTWARE PRODUCT(S) REMAINS WITH YOU.

Specifically apixxo does not warrant that operation of its Software Product(s) will be uninterrupted or error free, or that any defects in the software Product(s) are correctable or will be corrected. apixxo does not warrant that functions contained in its Software Product(s) will operate in the combinations which may be selected for use by you to meet your requirements.

In some jurisdictions, the foregoing disclaimers may not apply, but in any way apixxo’s warranty obligations will be void if its Software Product(s) is modified without prior written consent of apixxo. No oral or written information or advice given by apixxo or its employees shall create a warranty or in any way increase the scope of this warranty.

Third Party Proprietary Software Product(s)

All third party proprietary Software is supplied with the benefit of warranties, if any, offered by the third party owners and published on their own websites.

TO THE FULLEST EXTENT PERMITTED BY LAW APIXXO DOES NOT ITSELF WARRANT THIRD PARTY PROPRIETARY SOFTWARE PRODUCT(S) AND/OR SERVICES. IN ANY WAY, INCLUDING BUT NOT LIMITED TO ITS PERFORMANCE, RELIABILITY OR FUNCTIONALITY, AND APIXXO DOES NOT ACCEPT ANY RESPONSIBILITY FOR PERFORMANCE OF WARRANTY TERMS BY THIRD PARTY SOFTWARE OWNERS.

Security issues

The Software Product(s) and Website(s) are exposed to various security issues, and should be regarded as unsecure. By accepting this Agreement, you acknowledge and accept that any information you download, install or share by means of the Software Product(s) or Website(s), may be exposed to unauthorized access, interception, corruption, damage or misuse, and should be regarded as insecure. You accept all responsibility for such security risks and any damage resulting therefrom.

IT IS YOUR RESPONSIBILITY TO CHECK FOR VIRUSES, WORMS, TROJAN HORSES AND OTHER ITEMS OF DESTRUCTIVE NATURE BEFORE USING ANY SOFTWARE PRODUCT(S) OR WEBSITE(S). apixxo disclaims any liability to you for any damage caused by those destructive items.

The Software Product(s) and Website(s) may provide access to search results in the forum or links to other websites or resources. You may be exposed to spam or content that may be objectionable like, but not limited to, unlawful, harmful, defamatory, harassing, vulgar, unsolicited or unauthorized. You understand that all content accessed is the sole responsibility of the entity or person from whom it originated and you agree to take all appropriate precautions and accept all risks associated with the use of any content, including any reliance on the accuracy or completeness of such content. You acknowledge and agree that apixxo makes no representations whatsoever about any content in the forum or other websites, or about any products or services which you may access through its Website(s) and that apixxo has no control over the content of those other websites.

APIXXO DOES NOT ENDORSE, IS NOT RESPONSIBLE OR LIABLE AND MAKES NO GUARANTEES AS TO THE SITES AND INFORMATION WHICH YOU MAY ACCESS AS A RESULT OF THE USE OF THE SOFTWARE PRODUCT(S) AND WEBSITE(S), INCLUDING AS TO: THE AVAILABILITY, ACCURACY, CURRENCY, CONTENT, OR QUALITY OF ANY SUCH SITES AND INFORMATION, OR WHETHER ANY SEARCH USING THE SOFTWARE MAY LOCATE UNINTENDED AND OBJECTIONABLE CONTENT.

You acknowledge and agree that apixxo shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through forum, any such site or resource.

If apixxo becomes aware that, while using our Website(s), you have uploaded, posted or shared objectionable content, we may disable your account and act appropriately to remove objectionable content.

LIMITATIONS ON LIABILITY

You understand that the Software Product(s) may produce inaccurate results because of a failure or fault within the Software Product(s) or failure or fault by you to properly use and or deploy the Software Product(s) in your technical environment, for security reasons linked to destructive items, or any other reason. You assume full and sole responsibility for any use of the Software Product(s), and bear the entire risk for failures or faults with and within the Software Product(s).

To the maximum extent permitted by applicable Law, in no event shall apixxo, our suppliers, our partners, nor our or their officers, directors, employees, consultants and agents (the "Covered parties”), be liable to you and any party for any direct, indirect, special, punitive, exemplary, incidental, or consequential damages whatsoever (including, without limitation, the cost of insurance cover, damages arising from loss of programs or other data on your Hardware or otherwise, loss of use, profits, opportunity or goodwill, business interruption, property damage, costs of procurement of substitute products or services or any other pecuniary loss) howsoever caused, and on any theory of liability, whether for breach of contract, tort (including negligence and strict liability), or otherwise resulting from (a) this agreement or the use of, or the inability to use, the Software Product(s), Website(s) or services, (b) unauthorized access to or alteration of your transmissions of data, (c) the statements or conduct of any third party on the Website(s) or services, (d) reliance on content or postings on the Website(s) or services, or (e) any other matter relating to this Agreement, the Software Product(s), the Website(s) or services. These limitations will apply whether or not we have been expressly advised of the possibility of such loss and damages.

YOU AGREE THAT IN NO EVENT, REGARDLESS OF THE CAUSE OF FAILURE OR FAULT, OR LOSS, OR THE FORM OF ANY CLAIM, WILL OUR DIRECT LIABILITY OR THE DIRECT LIABILITY OF ANY OTHER COVERED PARTY TO YOU HEREUNDER EXCEED THE AMOUNT OF FIFTY (50) US$. YOUR SOLE REMEDY AND APIXXO’S SOLE OBLIGATION SHALL BE GOVERNED BY THIS AGREEMENT.

This limited warranty is void if failure of the Software Product(s) has resulted from accident, abuse, alteration, unauthorized use or misapplication of the Software Product(s).

If any provision of this Agreement 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 Disclaimer of Warranty shall remain in effect.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MIGHT NOT APPLY TO YOU.

You agree that any claim or cause of action arising out of your use of the Software Product(s), the Website(s), related documentation and services, or this Agreement, including any terms and conditions, privacy policy applicable to any of the Website(s), must be filed within one year after such claim or cause of action arose or it shall forever be barred, notwithstanding any statute of limitations or other Law to the contrary. Our failure to enforce or exercise any provision of this Agreement or related right shall not constitute a waiver of that right or provision.

INDEMNIFICATION

You hereby agree to indemnify, defend and hold harmless apixxo and any other Covered parties from each and every demand, claim, liability, damage and/or cost kind, including, but not limited to, attorneys’ fees, whether in tort or contract, arising from your use of our services, any claim based on applications and the Software Product(s) included herein, any breach or violation of this Agreement by you, your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity. You agree to immediately notify us of any unauthorized use of your website account or any other breach of security known to you.

FEES, ORDERS AND PAYMENT

The products and services you order are delivered in Switzerland. Individual Software license and subscription fees quoted by apixxo, unless otherwise stated, include Swiss VAT as well as transportation costs for physical deliveries. They do not include installation charges, import related expenses or any value added, sales, use, consumption and other taxes (“Tax”) levied or based on license fees or on the licensing or use of Software, as applicable in other countries of residence respectively delivery.

You agree that apixxo may require you to submit a written purchase order for each Software Product license, by facsimile transmission, letter or otherwise, including Licensee/Delivery address and the address you would like your Invoice/Receipt. If apixxo has approved your use of an indirect payment method for your order like a credit card, you agree that you will provide apixxo with all reasonably requested information. You certify that all information you provide will be accurate, complete and current, and that you will pay all charges incurred by apixxo in connection with the payment mechanism.

When placing your order online and paying with a credit card, your payment goes through an authorization process, during which your credit card is charged to the value of the Software Product(s) being purchased or licensed. apixxo may delegate the authorization and payment process to a certified Payment Service Provider. apixxo will then transfer you for the authorization and payment part on a secure and encrypted connection to the server of the Payment Service Provider. If there is a problem during the authorization process, contact your credit card company or contact us at clientservice@apixxo.com in order to resolve the issue.

INFORMATION ON THE WEBSITE(S) MAY CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. In cases you license a Software Product(s) and the Website(s) indicates an incorrect price, apixxo will proceed as following: if the invoiced price is higher than the correct price, apixxo will refund you the difference, using the same method of payment as you used for the purchase. If the invoiced price is lower than the correct price, apixxo will ask you to confirm your order at the correct (higher) price. If you agree to do so, apixxo will charge you the difference. In the other case, you agree to the product and fulfil all the conditions of a termination (as described under the “Termination” chapter). This procedure is only applicable if apixxo notifies you of the error and the above-mentioned course of action within ten (10) days of the date of order.

apixxo has the right to change its product and service offering and their prices at any moment without notice. There is no price protection or refund in the event of a price drop or a promotional offering.

TAX

The products and services you order are delivered in Switzerland. The tax rate applicable is the standard Swiss tax rate in effect at the time of order.

If you are not a Swiss resident, please notice that apixxo does not collect Tax for other states or countries. You agree that you import the products and services, will self-assess, declare, be liable and pay any Tax and related import expenses due in your state or country. In case where your jurisdiction does not allow this procedure, do not enter the Agreement and do not use the Software Product(s). Contact us under clientservice@apixxo.com and we shall seek an appropriate procedure.

RETURN POLICY

We have a return policy. If you are not entirely satisfied with your purchase, you can fill up and send us a properly completed and signed Return Request Form. You have to terminate the Agreement, deliver back to apixxo the Software Product(s) and all its components or confirm that the Software Product(s) has been deleted or removed from your Hardware and that any back-up copy has also been destroyed (procedure as described under “TERMINATION”).

If we receive your Return Request Form within 30 days from the date of purchase, we will issue a refund based on your payment method as follows: we will issue a refund to the credit card used to purchase the product, OR Issue a Credit Note against any Bill or Invoice we have raised to refund the Account used to purchase the product, OR In some circumstances we may issue an ‘in-store credit' equal to the amount paid for the product OR to prevent potential abuse of this Return Policy we may refuse to issue the refund.

Please note: we are unable to refund shipping charges or accept returns on Software Product(s) containing source code as well as on CD Back-ups and unsealed or opened boxed products.

PRIVACY POLICYRegistration

apixxo may ask you to register and provide information that identifies you when you license a Software Product, register for a online forum, get product assistance and support, or when you want information about your personal account. If you choose not to register, you will not be able to access areas that require registration. Once you have registered, you do not need to do it again. You just need to logon whenever you enter the Website(s).

You agree to keep your personal information correct and current. You may review and update this information at any time by going to the "My Account" section on our Website(s), logging on and then going to "Personal Profile". If you want to be removed from any mailing list, you can do so by writing to us at clientservice@apixxo.com or you may select the appropriate options on our registration page. By doing so, you will not receive any product communication mails from apixxo at any time in the future.

Passwords

In order to access areas that require registration, you may be required to establish an account including a unique ID and password. You are the sole and exclusive owner of any password and ID combination issued or chosen by to you. Maintaining the confidentiality and security of your Password and ID is solely your responsibility. You are fully responsible for all transactions undertaken by means of any account opened, held, accessed or used via your password and ID. You shall notify us immediately and confirm in writing any unauthorized use of accounts or any breach of security, including without limitation any loss, theft or unauthorized use of your password, and/or ID.

If we have reasonable grounds to suspect that the security of your Password and/or ID has been compromised, we may suspend or terminate your account, refuse any and all current or future use of the services, and pursue any appropriate legal remedies. We shall not be responsible for any losses incurred in connection with any misuse of any Password or ID.

Collected data

All Information apixxo collects from clients and those interested in apixxo’s Software Product(s) are stored and maintained on secured servers. apixxo does not lend, lease, sell, or market information it obtains from its clients or those who provide us personally identifiable information. apixxo undertakes necessary steps to keep all the information you provide to us confidential and only to use it for the purposes stated above. apixxo does not disclose purchase information or licensing information to third parties, except as specified by Law. We will seek your permission first if we wish to use your personal information for any other purpose.

When you as an individual or business entity, purchase respectively license an apixxo product, apixxo collects personally identifiable information. Information includes Name, Address, Phone Number, E-mail address, Payment and Invoicing Information, VAT registration code, Product Purchased, Licenses Owned (serial numbers), Licensee / Delivery address, etc. The information collected allows apixxo to communicate with you regarding upcoming Software Product, new Software Product releases, company news, special offers, volume discounts and other business matters.

If you wish to register for and participate in our online forum, apixxo collects personally identifiable information such as Name, Address, Phone Number and E-mail address. When you post to our forum at www.featherlite-framework.com, www.apixxo.com and other apixxo Website(s), your name is displayed to others. If you do not want your name to be displayed to others, do not register for and participate in our online forum. If you've registered for our online forums and want to be removed from our forum user database, write to us at clientservice@apixxo.com or adjust your profile by going to the “My Account” section on our Website(s), logging on and then going to “Personal Profile”.

If we have reasonable grounds to suspect that your information is inaccurate, not current or not complete, we may suspend or terminate the Agreement, disable your account, and pursue any appropriate legal remedies. You agree that apixxo shall have the right to use the information you provide to us for the purposes described in this Agreement and in furtherance of your use of our services.

Use of cookies

Cookies are small text files that are stored on your hard drive, and are used to exchange information between your Web browser and our Web server. Because the information is saved on your browser, it can maintain information between visits to our Web site. We use cookies to recognize you when you return. apixxo does not store private information in your cookie, and enabling cookies does not give apixxo access to any information stored on your computer outside of your cookie.

You can block the installation of cookies on your computer by selecting the appropriate settings. However it might prevent you from fully accessing and using our Website(s).

Anti-Fraud Detection Notice

To help prevent fraud and software piracy, apixxo may collect information such as on the number of installations of a given product you have purchased or licensed.

APIXXO MAY ALSO GATHER IDENTIFYING INFORMATION ABOUT THE COMPUTER RUNNING THE BROWSER SOFTWARE. THIS INFORMATION INCLUDES, BUT MAY NOT BE LIMITED TO, THE IP ADDRESS.

Apixxo will keep this information confidential EXCEPT it will be supplied to prosecuting or regulatory authorities in connection with fraud or other investigations.

Updates of the Privacy Policy

apixxo reserves the right to modify and update its Privacy Policy as needs dictate and as legal requirements are updated. If and when a change is made to our Privacy Policy, our Website Privacy Policy will be duly updated to reflect the change. If you have any question, write to us at clientservice@apixxo.com.

SUPPORT

apixxo may provide you with support services related to the Software Product(s) ("Support services") in the form of tutorials, user manuals, "online" documentation and/or other apixxo provided materials. Any product provided to you as part of the Support services shall be considered part of the Software Product(s) and subject to the terms and conditions of this Agreement. With respect to technical information you provide to apixxo as part of the Support Services, apixxo may use such information for its business purposes, including for Software Product(s) support and development. apixxo will not utilize such technical information in a form that personally identifies you.

An active subscription license for a Software Product(s) also grants you a priority treatment for support issues. Your support demand will be put on top of our queue and treated first.

SOURCE CODE ESCROW SERVICE

A source copy of the Software Product(s) you have licensed can be deposited at an independent custodian, if you have elected to purchase a Source Code Escrow Service for an eligible Software Product(s). The choice of the custodian is bound to mutual acceptance by you and apixxo. The custodian is authorised to release a copy source code version of that Software to you, subject to the Code Escrow Service terms and conditions.

TERMINATION

The term of this Agreement will commence when you download via internet, copy from a CD or other medium, receive or use any Software Product(s) by any means or access apixxo Website(s) and, unless terminated earlier as provided in this article, will continue in perpetuity subject to any period limitation stated in the individual Software Product Description, and EXCEPT that the term of your license to use Evaluation Software will be thirty (30) days or such other period as apixxo designates at the time you download or apixxo delivers the Evaluation Software to you.

You may terminate this Agreement at any time by delivering back to apixxo the Software Product(s) and all its components including any related documentation or confirming apixxo that they have been uninstalled, deleted or removed from your Hardware and that any back-up copy, CD or other medium in your possession or control has also been destroyed or rendered unusable. This includes removal of ANY and ALL use of apixxo based technology immediately from any application developed, used or stored by you, whether in native, compiled or other state on any type of Hardware, including but not limited to executing or storage device. apixxo will then revoke or cancel the license originally issued to you and, by third party products, report this cancellation to the licensor of the product.

Even after termination of this Agreement, you remain bound to respect all legal, copyright, trademark and other Intellectual Property Rights of apixxo and its licensors.

If you fail to fulfil any of your material obligations under this Agreement, apixxo and/or its licensors may pursue all available legal remedies to enforce this Agreement, and apixxo may, at any time after your default of this Agreement, without prejudice to any other rights or remedies terminate this Agreement and all licenses and rights granted to you under it. You agree that any apixxo licensors referenced in any Software Product(s) and Website(s) are third party beneficiaries of this Agreement, and may enforce this Agreement as it relates to their intellectual property. You further agree that, if apixxo terminates this Agreement for your default, you will, within thirty (30) days after termination, deliver to apixxo or render unusable any copy of the Software Product(s) and all of its component parts including any related documentation, and must remove ANY and ALL use of such technology immediately from any applications using technology contained in the Software Product(s) developed and distributed by you, whether in native, compiled or other on any type of Hardware.

apixxo may terminate this Agreement (or any part thereof), modify Software Product(s) and/or licensing conditions, disable the Website, cease providing support services or other services or modify the type or level of service at any time without notice and in its sole discretion. You agree that apixxo shall not be liable to you or any third-party for any termination, change of offering, modification of service or ceasing to operate the Website(s), EXCEPT if you have a subscription and apixxo ceases providing you any and all types of support, apixxo will reimburse you the remaining pro-rata value of the subscription.

LEGAL CONSIDERATIONS AND GOVERNING LAW

The relationships between you and apixxo are governed by the Laws of Olten, Switzerland and this Agreement shall be construed, interpreted and governed by the Laws of Olten, Switzerland. If you are a legal entity anywhere in the world, the Agreement shall be placed under the exclusive jurisdiction of the Swiss Courts. If you are an individual, you may have rights that vary depending on the state or country you live in.

You may use apixxo Software Product(s), Website(s), or any other service provided by apixxo only for lawful purposes. The products and services apixxo provide are subject to, and you agree that you shall at all times comply with, all local, state, national, and international Laws, statutes, rules, regulations, ordinances and the like applicable to use of apixxo Software Product(s) and Website(s). You agree not to use apixxo Software Product(s), Website(s), related documentation or any other services provided by apixxo to conduct any business or activity or solicit the performance of any activity, which is prohibited by Law, or any contractual provision by which you are bound.

Severability. If any provision of this Agreement is found by a court or other binding authority to be invalid, you agree that every attempt shall be made to give effect to the parties' intentions as reflected in that provision, and the remaining provisions contained in this Agreement shall continue in full force and effect.

RESELLERS

Resellers might only resell the right to use apixxo Software Product(s) if they have contracted a specific Reseller Agreement with apixxo and if their clients specifically agree apixxo’s Agreement. Authorized resellers are indicated on apixxo’s Website(s).

REGISTERED DEVELOPERS

You may enter a Registered Developer Agreement with apixxo. This gives you access to specific information regarding product development and support, special events and offers as well as the possibility to sell or license self developed plug-ins, applications and products on apixxo’s Website(s). If you are interested in a Registered Developer Agreement, contact us at clientservice@apixxo.com.

MISCELLANEOUS

This Agreement may only be modified in writing form signed by you and two authorized officers of apixxo.

apixxo reserves the right to modify and adapt its Software Product(s), their prices, the Website(s) and the Agreement as needs dictate and/or as legal requirements are updated. If and when a change is made, our Website will be duly updated to reflect the change. If you have any question, write to us at clientservice@apixxo.com.

Effective March 15, 2010

2010 apixxo ag, All rights reserved