PLEASE READ THIS DOCUMENT CAREFULLY BEFORE INSTALLING THE SOFTWARE. BY INSTALLING AND USING THE SOFTWARE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THE AGREEMENT, DO NOT INSTALL OR USE THE SOFTWARE.

This is an agreement entered into by and between you and The Jam Warehouse Software (Pty) Ltd and its subsidiaries (“Jam”). This Agreement states the terms and conditions upon which Jam offers to license the KnowledgeTree Commercial Editions software provided in this package together with all related documentation and accompanying items including, but not limited to, the executable programs, drivers, libraries and data files associated with such programs (collectively, the “Software”).

FOR INSTALLATION ON A SINGLE SERVER
The server portion of the Software may only be installed on a single server at any time. You may transfer the machine-readable portion of the client Software from one computer to another computer, provided that the number of Named Users that can legally access that server simultaneously is linked to the number of Named User licenses assigned to you.

COPYRIGHT
The Software is owned by Jam and/or its licensors and is protected by South African copyright laws and any applicable international treaty provisions. You may not remove the copyright notice from any copy of the Software or any copy of the written materials, if any, accompanying the Software.

ONE ARCHIVAL COPY
You may make one (1) archival copy of the machine-readable portion of the Server Software for backup purposes only in support of your installation of the Software on a single server, provided that you reproduce on the copy all copyright and other proprietary rights notices included on the originals of the Software.

NO MERGER OR INTEGRATION
You may not merge any portion of the Software into, or integrate any portion of the Software with, any other program, except to the extent expressly permitted by the laws of the jurisdiction where you are located. Any portion of the Software merged into or integrated with another program, if any, will continue to be subject to the terms and conditions of this Agreement, and you must reproduce on the merged or integrated portion all copyright and other proprietary rights notices included in the originals of the Software.

TRANSFER OF LICENSE
You may not transfer your license of the Software.

LIMITATIONS ON USING, COPYING, AND MODIFYING THE SOFTWARE
Except to the extent expressly permitted by this Agreement or by the laws of the jurisdiction where you acquired the Software, you may not use, copy or modify the Software. Nor may you sub-license any of your rights under this Agreement.

DECOMPILING, DISASSEMBLING, OR REVERSE ENGINEERING
You acknowledge that the Software contains trade secrets and other proprietary information of Jam and its licensors. Except to the extent expressly permitted by this Agreement or by the laws of the jurisdiction where you are located, you may not decompile, disassemble or otherwise reverse engineer the Software, or engage in any other activities to obtain underlying information that is not visible to the user in connection with normal use of the Software.
In particular, you agree not for any purpose to transmit the Software or display the Software's object code on any computer screen or to make any hardcopy memory dumps of the Software's object code. If you believe you require information related to the interoperability of the Software with other programs, you shall not decompile or disassemble the Software to obtain such information, and you agree to request such information from Jam at the address listed below. Upon receiving such a request, Jam shall determine whether you require such information for a legitimate purpose and, if so, Jam will provide such information to you within a reasonable time and on reasonable conditions.
In any event, you will notify Jam of any information derived from reverse engineering or such other activities, and the results thereof will constitute the confidential information of Jam that may be used only in connection with the Software.

TERMINATION

The license granted to you is effective for 1 (ONE) year. The license will also terminate automatically without any notice from Jam if you fail to comply with any term or condition of this Agreement. Upon termination, Jam may also enforce any rights provided by law. The provisions of this Agreement that protect the proprietary rights of Jam will continue in force after termination.

NO WARRANTY

Jam does not warrant that the functions contained in the Software will meet your requirements or that the operation of the Software will be uninterrupted, error-free or free from malicious code. For purposes of this paragraph, “malicious code” means any program code designed to contaminate other computer programs or computer data, consume computer resources, modify, destroy, record, or transmit data, or in some other fashion usurp the normal operation of the computer, computer system, or computer network, including viruses, Trojan horses, droppers, worms, logic bombs, and the like.

GRANT TO JAM

During any term of this Agreement, you grant to Jam a non-transferable, non-exclusive, license to reproduce and display your logos, trademarks, trade names and similar identifying material so that Jam may refer to you as a user of the Software should Jam so desire, such as on the Jam website, in press releases and in other marketing materials.

INDEMNIFICATION BY YOU

If you distribute the Software in violation of this Agreement, you hereby indemnify, hold harmless and defend Jam from and against any and all claims or lawsuits, including attorney's fees and costs that arise, result from or are connected with the use or distribution of the Software in violation of this Agreement.

THE SOFTWARE IS PROVIDED AS-IS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NONINFRINGEMENT. JAM IS NOT OBLIGATED TO PROVIDE ANY UPDATES, UPGRADES OR TECHNICAL SUPPORT FOR THE SOFTWARE OTHER THAN THOSE STIPULATED IN A SEPARATE SUPPORT AGREEMENT.

Further, Jam shall not be liable for the accuracy of any information provided by Jam or third party technical support personnel, or any damages caused, either directly or indirectly, by acts taken or omissions made by you as a result of such technical support.

You assume full responsibility for the selection of the Software to achieve your intended results, and for the installation, use and results obtained from the Software. You also assume the entire risk as it applies to the quality and performance of the Software. Should the Software prove defective, you (and not Jam, or its distributors or dealers) assume the entire cost of any and all necessary servicing, repair or correction.

Some countries/states do not allow the exclusion of implied warranties, so the above exclusion may not apply to you. Jam disclaims all warranties of any kind if the Software was customized, repackaged or altered in any way by any third party other than Jam.

LIMITATION OF REMEDIES AND DAMAGES

In no event will Jam or its licensors be liable for any indirect, incidental, special or consequential damages, or for any personal injury or bodily injury (including death) to any persons caused by Jam's negligence, or for any lost profits, lost savings, LOSS OF USE, lost revenues or lost data arising from or relating to the Software or this Agreement, even if Jam or its licensors have been advised of the possibility of such damages. In no event will Jam’s liability or damages to you or any other person ever exceed the amount paid by you to use the Software, regardless of the form of the claim.

Some countries/states do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you.

GOVERNMENT RESTRICTED RIGHTS

Programs delivered to the U.S. Defense Dept. are delivered with Restricted Rights and the following applies: "Restricted Rights Legend: Use, duplication or disclosure by Government is subject to restrictions as currently set forth in subparagraph (c)(1)(ii) of DFARS 252-227-7013, Rights in Technical Data and Computer Software (October 1988). Software manufaturer is The Jam Warehouse Software (Pty) Ltd., Unit 1, Tramber Place,Blake Street Observatory, Cape Town, 7925, South Africa. Programs delivered to a U.S. Government Agency not within the Defense, Dept. are delivered with "Restricted Rights" as defined in FAR 52.227-14, Rights in Data - General, including Alternate III (June 1987).

CONTRACTOR/MANUFACTURER

The Contractor/Manufacturer for the Software is:

                The Jam Warehouse Software (Pty) Ltd.

                Unit 1, Tramber Place

                Blake Street

                Observatory

                Cape Town

                7925

                South Africa

                Phone: +27 21 4477440

                Fax: +27 21 4477449

GENERAL

This Agreement is binding on you as well as your employees, employers, contractors and agents, and on any successors and assignees. Neither the Software nor any information derived therefrom may be exported except in accordance with the laws of the Republic of South Africa or other applicable provisions. This Agreement is governed by the laws of the Republic of South Africa. This Agreement is the entire agreement between us and you agree that Jam will not have any liability for any untrue statement or representation made by it, its agents or anyone else (whether innocently or negligently) upon which you relied upon entering this Agreement, unless such untrue statement or representation was made fraudulently. This Agreement supersedes any other understandings or agreements, including, but not limited to, advertising, with respect to the Software. If any provision of this Agreement is deemed invalid or unenforceable by any country or government agency having jurisdiction, that particular provision will be deemed modified to the extent necessary to make the provision valid and enforceable, and the remaining provisions will remain in full force and effect.