Software License Agreement

Please read this agreement carefully before downloading or installing 
the Software on your computer. This Software License Agreement ("SLA") 
is a legal contract between you and Alachisoft. The term "Software" 
means the original program and all whole or partial copies of it, 
including portions merged into other programs.

The following are the terms and conditions to use the Software. 
By downloading or installing the Software on your computer you agree 
to the terms and conditions set forth in this agreement.

1. License Terms

1(a) Development Use and Production (Runtime) Use

The terms of this Section 1(a) are applicable to you if you 
are using the Software in a Development or Production Environment. 
Subject to the terms of this Agreement, Alachisoft grants to you 
a non-exclusive, non-transferable, free license to use the Software 
in object code form solely for Development, QA Testing, Staging, 
Performance Testing, and Production Use. You may not disclose the 
results of software performance benchmarks to any third party without 
Alachisoft's prior written consent. You are forbidden from using 
the Software for Redistribution Use or offering it for resale 
under the terms of this Section 1. If you integrate the Software 
into an application and intend to resell the resulting integrated 
application you must use the appropriate redistribution license 
defined in section 1(b). All rights not specifically granted 
to you herein are retained by Alachisoft.

1(b) Deployment (Runtime) - Redistribution Use License

The terms of this Section 1(b) are applicable to you if you 
are using the Software for a Deployment - Redistribution purpose. 
Subject to the terms of this Agreement, Alachisoft grants to you, 
a non-exclusive, non-transferable, free license to use the Software 
solely for Deployment - Redistribution Use for the following purposes: 
(a) use and copy the Software to bundle within your Product; 
(b) use, copy and distribute, internally and externally, directly 
or indirectly through your distribution channels copies of the 
Software in object code form only when incorporated in your Product. 
You must reproduce the copyright notice and any other legend 
of ownership on each copy, or partial copy, of the Software. 
You may not: (a) use, copy, display, perform or distribute 
the Software except as provided in this Agreement; (b) reverse 
assemble, reverse compile, or otherwise translate the Software; 
(c) sublicense, rent or lease the Software; or (d) modify 
the Software, per se without prior written approval from Alachisoft. 

Your license agreement with your distributors and/or customers will: 
(a) Allow a customer to make copies of your Product for backup 
or archival purposes only; (b) Prohibit any reverse assembly, 
reverse compilation, or translation of the Software except as 
expressly permitted by law; (d) Include statements that your Product: 
(i) is licensed not sold, and that title to such offering 
is not passed to the customer, (ii) may include material 
licensed by a third party, and that you have assumed responsibility 
for the presence and use of this material; and (iii) comply 
with the requirements of section on Warranty and Limited Liability 
as appropriate. You will make your license agreement available 
to Alachisoft upon request. You shall ensure that your distributors 
and customers agree to act in a manner consistent with your 
obligations under this Agreement, and you shall make reasonable 
commercial efforts to enforce such agreements. All rights not 
specifically granted to you herein are retained by Alachisoft.

1(c) License Limitations

This software comes with the following License Limitations built 
into it: (a) Client software applications are prohibited from 
accessing this cache remotely and must access it only from 
local machine. (b) A cache cluster cannot contain more than 
2 servers (c) Only Replicated Cache topology is provided

You are prohibited from modifying this software to change these 
limitations. You are also prohibited from developing additional 
software modules of your own to enable remote access of this 
software's cache from your applications (in order to create 
a separate caching tier).

2. Support

Because this software is "as is," Alachisoft does not provide 
any support services for it. Support services are available 
for our commercial version of this software.

3. Warranty and Limitation of Liability

This Software is supplied "AS IS", WITHOUT ANY WARRANTY, EXPRESS 
OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES 
OR CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE 
ARE DISCLAIMED. IN NO EVENT SHALL Alachisoft 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 ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

4. Software Changes

Alachisoft reserves the right at any time not to release 
or to discontinue release of any Software and to alter prices, 
features, specifications, capabilities, functions, licensing terms, 
release dates, general availability or other characteristics 
of the Software.

5. Ownership

Title, ownership rights, and all intellectual property rights 
in and to the Software and Documentation shall remain the sole 
and exclusive property of Alachisoft and/or its licensors. 
You agree to abide by the copyright law and all other applicable 
laws of the United States. You acknowledge that the Software 
contains valuable confidential information and trade secrets 
of Alachisoft and/or its licensors; therefore, you agree not 
to modify the Software, create derivative works of, or attempt 
to decipher, decompile, disassemble or reverse engineer the Software 
or assist or encourage any third party in doing so.

6. Term and Termination

6.1 This Agreement will take effect upon submission installation 
the Software, and will remain in force until terminated in 
accordance with this Agreement. This Agreement may be terminated 
by you by destroying all copies and partial copies of the 
Software and Documentation under your control.

6.2 Termination of this Agreement will not affect the provisions 
relating to the payment of amounts due, or provisions limiting 
or disclaiming Alachisoft' liability, which provisions will survive 
termination of this Agreement.

6.3 Within thirty (30) days after the date of termination 
or discontinuance of this Agreement for any reason whatsoever, 
you shall destroy the Software and all copies, in whole or 
in part, all Documentation relating thereto, and any other 
Confidential Information in its possession that is in tangible 
form.

7. United States Government Rights

The Software provided under this Agreement is commercial computer 
software developed exclusively at private expense, and in all 
respects are proprietary data belonging solely to Alachisoft.

7.1 Department of Defense End Users: If the Software is acquired 
by or on behalf of agencies or units of the Department of 
Defense (DOD), then, pursuant to DoD FAR Supplement Section 
227.7202 and its successors (48 C.F.R. 227.7202) the Government's 
right to use, reproduce or disclose the Software and any accompanying 
documentation acquired under this Agreement is subject to the 
restrictions of this Agreement.

7.2 Civilian Agency End Users: If the Software is acquired 
by or on behalf of civilian agencies of the United States Government, 
then, pursuant to FAR Section 12.212 and its successors (48 
C.F.R. 12.212), the Government's right to use, reproduce or 
disclose the Software acquired under this Agreement is subject 
to the restrictions of this Agreement.

8. Legal Compliance

You may not download or otherwise export or re-export the 
Software or any underlying information or technology except in 
full compliance with all United States and other applicable laws 
and regulations. In particular, but without limitation, none 
of the Software or underlying information or technology may be 
downloaded or otherwise exported or re-exported (i) into (or 
to a national or resident of) Cuba, Iran, Iraq, Libya, North 
Korea, Syria, or Sudan, or (ii) to anyone on the US Treasury 
Department's list of Specially Designated Nationals or the US 
Commerce Department's Table of Deny Orders. By licensing the 
Software, you are agreeing to the foregoing and you are representing 
and warranting that you are not located in, under control of, 
or a national or resident of any such country or on any such list.

9. Non-assignment/Binding Agreement

Neither this Agreement nor any rights under this Agreement may 
be assigned or otherwise transferred by you, in whole or in 
part, whether voluntary or by operation of law without the 
prior written consent of Alachisoft. Subject to the foregoing, 
this Agreement will be binding upon and will inure to the benefit 
of the parties and their respective successors and assigns.

10. Miscellaneous

10.1 If any term, condition, or provision in this Agreement 
is found to be invalid, unlawful or unenforceable to any extent, 
the remaining terms, conditions and provisions will continue 
to be valid and enforceable to the fullest extent permitted by law.

10.2 This Agreement represents the entire agreement of the parties 
with respect to the subject matter of this Agreement and supersedes 
all previous communications, representations, understandings and 
agreements, either oral or written, between the parties with 
respect to said subject matter.

10.3 This Agreement may not be amended, except in writing, signed 
by both parties. No terms, provisions or conditions of any 
purchase order, acknowledgment or other business form that you 
may use in connection with the acquisition or licensing of the 
Software will have any effect on the rights, duties or obligations 
of the parties under, or otherwise modify, this Agreement, regardless 
of any failure of Alachisoft to object to such terms, provisions 
or conditions.

10.4 This License shall be governed by and construed in accordance 
with the laws of the State of California as applied to agreements 
made, entered into and performed entirely in California by 
California residents. You agree that any dispute regarding this 
License will be heard in the state or federal courts having 
jurisdiction in Alameda County, California, and you agree that 
you shall be subject to the personal jurisdiction of such courts.

10.5 Use of Alachisoft software constitutes an acceptance of 
the terms of this agreement. If you do not agree to be bound 
by these provisions, you are required to destroy all copies 
of Alachisoft software from your equipment immediately.