License Agreement

PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING THE SOFTWARE. INSTANTIATIONS WILL LICENSE THE SOFTWARE TO YOU ONLY IF YOU FIRST ACCEPT THE TERMS OF THIS AGREEMENT. BY USING THE SOFTWARE YOU AGREE TO THESE TERMS. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, PROMPTLY RETURN THE UNUSED SOFTWARE TO THE PARTY (EITHER INSTANTIATIONS OR ITS RESELLER) FROM WHOM YOU ACQUIRED IT TO RECEIVE A REFUND OF THE AMOUNT YOU PAID.

This is a legal agreement between you, the end user, and Instantiations, Inc. (Instantiations). SWT Designer™, Swing Designer™, GWT Designer™ and WindowBuilder™ Pro (the "Software") are owned by Instantiations and are protected by copyright law. Upon acceptance of the terms of this License Agreement, your rights and obligations with respect to use of the Software are as follows. These rights are in supplement of U.S. copyright law and the requirements of local laws and treaties.

LICENSE INFORMATION. The Software is licensed under the following terms and conditions.

Authorization. The Software may be stored on the primary machine and another machine (Home/Portable Computer), provided that the Software is not in active use on both machines at the same time.

COMMERCIAL LICENSE (PROFESSIONAL EDITION). Instantiations grants you a nonexclusive license to use the Software. You may 1) use the Software to the extent of authorizations you have acquired and 2) make and install copies to support the level of use authorized, providing you reproduce the copyright notice and any other legends of ownership on each copy, or partial copy, of the Software. If you acquire this Software as a program upgrade, your authorization to use the Software from which you upgraded is terminated. You will ensure that anyone who uses the Software does so only in compliance with the terms of this Agreement. You may not transfer your license rights to another party without prior written consent from Instantiations.

SUBSCRIPTION LICENSE (PROFESSIONAL EDITION). Instantiations grants you a nonexclusive license to use the Software for one (1) year. You may 1) use the Software to the extent of authorizations you have acquired and 2) make and install copies to support the level of use authorized, providing you reproduce the copyright notice and any other legends of ownership on each copy, or partial copy, of the Software. If you acquire this Software as a program upgrade, your authorization to use the Software from which you upgraded is terminated. You will ensure that anyone who uses the Software does so only in compliance with the terms of this Agreement. You may not transfer your license rights to another party without prior written consent from Instantiations.

EVALUATION LICENSE (PROFESSIONAL EDITION). Instantiations grants you a nonexclusive, nontransferable license to use the Software. You may 1) use the Software only for internal evaluation, testing or demonstration purposes, on a trial or "try-and-buy" basis and 2) make and install a reasonable number of copies of the Software in support of such use. The terms of this license apply to each copy you make. You will reproduce the copyright notice and any other legends of ownership on each copy, or partial copy, of the Software. You will 1) maintain a record of all copies of the Software and 2) ensure that anyone who uses the Software does so only for your authorized use and in compliance with the terms of this Agreement. This license begins with your first use of the Software and ends 1) as of the duration or date specified in the documentation accompanying the Software or 2) when the Software automatically disables itself. Unless Instantiations specifies in the documentation accompanying the Software that you may retain the Software (in which case, an additional charge may apply, you will destroy the Software and all copies made of it within ten days of when this license ends.

REGISTERED FREEWARE (FREE EDITION). Instantiations grants you a non-exclusive right to use the enclosed Instantiations Software program on a single computer. Registered users of the Software are therefore granted the right to use it themselves on one computer. No other license is given. In particular, The Software may not be installed on a computer network for use by more than one person unless each person who will use the Software over the network is registered.

COPYRIGHT. The Software and Documentation are copyrighted by Instantiations, Inc. and are protected by U.S. and international copyright laws. The product contains copyrighted software of Instantiations. All rights reserved. You agree not to remove any Instantiations or other trademarks or copyright notices from the Software or Documentation.

OTHER RESTRICTIONS. You may not disclose, publish, translate, rent, lease, transfer, export or otherwise make available the Software registration key in any form, to any person or entity, except as expressly licensed herein. You may not reverse engineer, decompile or disassemble the Software.

RUNTIME RIGHTS AND LIMITATIONS. You (a) cannot use Instantiations or related names, logos or trademarks to market your software without express written permission; and (b) agree to indemnify, hold harmless and defend Instantiations from and against any claims or lawsuits, including attorneys' fees that arise or result from the use or distribution of your software. The license in this section is royalty-free provided that your software application product is created using the Software.

IN NO EVENT SHALL INSTANTIATIONS BE LIABLE FOR ANY LOSS OF PROFIT OR ANY OTHER DAMAGE, INCLUDING BUT NOT LIMITED TO SPECIAL, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES. THE SOFTWARE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. INSTANTIATIONS SPECIFICALLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE. INSTANTIATIONS DOES NOT WARRANT THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE.

GOVERNING LAW. This Agreement shall be governed by the laws of the State of Oregon, without regard to conflict of laws principles. This Agreement may only be modified by a written document signed by the party or parties to be bound. Except as may be specified in such a written agreement, this is the entire agreement between you and Instantiations and all other terms are rejected. You agree not to use, ship, or export the Software in violation of law. US Government Restricted Rights. If provided to the US Government, the Software is provided with RESTRICTED RIGHTS. Use, duplication or disclosure by the US Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DEARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software Restricted Rights clause at 48 FR 52.227-19, as applicable and as modified herein.

ENTIRE AGREEMENT. You agree that this Agreement expresses the entire understanding between you and Instantiations, Inc., and supersedes all other communications, oral or written, relating to the Software.

MANUFACTURER:

Instantiations, Inc.

18101 SW Boones Ferry Rd.

Suite 200

Portland, OR 97224 USA

Phone: 503-598-4900

Fax: 503-684-8355