This Agreement is made by and between HREF Tools Corp., Santa Rosa, California USA ("HREF") and you, the "USER." HREF and USER agree as follows:

1. DEFINITIONS
   1. "Development Material" includes the software products ("Program"), Documentation, and any modifications to them. The "Program" includes but is not limited to:
      1. A. WebHub System. This refers to hub.exe, hublog.exe if included, and all runners. The Hub is licensed at one (1) EXE capacity.
      2. B. WebHub Components. This refers to the .dcu or .obj, .res and other files which define the components. Pascal source code, if shipped, is included.
      3. C. WebHub Sample applications. This refers to the set of demo applications. "Documentation" means the User Manual plus any help provided as .html or .hlp documents or otherwise;
   2. "Site" means the USER's premises with the relevant computer(s).
   3. "Server" means one computer including its physically associated storage media and CPU.
   4. "Written Notice" means notice actually physically delivered, or notice transmitted electronically, but only if that notice is in fact received by the addressee.
   5. "Intended audience" means the users of a web-application developed with the PROGRAM, and can include people accessing the site from the public Internet as well as those accessing the application over a corporate or other internal network.
   6. "Home office" means the USER's second development platform, which may or may not be at his or her residence. The HOME OFFICE may be used for development, testing or deployment of a site.
2. GRANT OF LICENSES The following and nothing more is licensed:
   1. USER licenses the WebHub System for deployment on 1 server at the SITE and 1 server at the HOME OFFICE.
   2. USER licenses the TPack and WebHub Components, Sample Applications and Documentation for use by 1 developer.
   3. The grant of rights in this Agreement are nonexclusive, nontransferable, and limited as set forth below. The term of the licenses granted herein is co-terminus with the term of this Agreement.
3. OBLIGATIONS OF USER
   1. USER may not remove or alter any of HREF's copyright or trademark notices from any part of DEVELOPMENT MATERIAL;
   2. USER may not sublicense, assign, rent, lease all or part of the Program, or otherwise dispose of any part of the DEVELOPMENT MATERIAL without the written consent of HREF;
   3. USER may not use the DEVELOPMENT MATERIAL with the intent to violate any of HREF's user licensing schemes;
   4. USER may not modify, translate, reverse engineer, decompile or disassemble the Program (except to the extent applicable laws specifically prohibit such restriction), or create derivative works based on the DEVELOPMENT MATERIAL;
   5. USER may not make copies of any of the DEVELOPMENT MATERIAL beyond what is necessary, and actually used, for backup purposes.
   6. USER may not permit any person to use DEVELOPMENT MATERIAL except under the terms expressly listed in this Agreement;
4. TRADE SECRETS AND CONFIDENTIALITY
   1. USER will take all reasonable precautions to prevent unauthorized distribution of the DEVELOPMENT MATERIAL. USER warrants and represents that: (A) No DEVELOPMENT MATERIAL will be posted in any public download (e.g. /pub) or public web page document (e.g. website/wwwroot/) directories. While the WebHub System files must be "world-readable" such that they may be executed, they may not be made downloadable. The WebHub Components and Documentation may not be posted in any location which is accessible outside the Site; (B) USER will not allow the transmissions of any of the DEVELOPMENT MATERIAL not authorized by this Agreement; (C) USER will keep any and all DEVELOPMENT MATERIAL passwords secret.
   2. In the course of working with the DEVELOPMENT MATERIAL and talking to HREF technical support, USER may learn HREF trade secrets. Trade Secrets include but are not limited to: product shipment plans, product feature plans, competitive analysis and strategy, patent and trademark plans, implementation details relating to the WebHub System and Components, strategic alliance plans and source code. USER hereby agrees to keep such trade secrets completely confidential.
5. CONFIDENTIALITY
   1. Upon specific request addressed to HREF regarding a specific and identified document or communication, HREF will keep the identified USER materials confidential. Unless USER requests otherwise, HREF reserves the right to publish USER's questions and data secured from USER.
6. UPGRADES and MODIFICATIONS
   1. In its sole discretion, HREF may provide upgrades to the PROGRAM during the term of this Agreement. HREF may decide, in its sole discretion, to deliver upgrades electronically as long as this Agreement is in effect. There may be a small fee for upgrades delivered non-electronically.
   2. In its sole discretion, HREF may make any modification to the PROGRAM whatsoever without limitation. However HREF shall not be obligated to make any modification, for any reason.
   3. While USER is transitioning from one version of the PROGRAM to an upgrade, HREF grants permission for USER to use both versions for up to three (3) months.
7. DISCLAIMERS
   1. USER recognizes that the DEVELOPMENT MATERIAL may have defects or deficiencies that may or may not be known by HREF, and may or may not be corrected by HREF. The DEVELOPMENT MATERIAL is provided "AS-IS."
   2. USER might lose data, including data that User does not intend to be manipulated by PROGRAM. The PROGRAMcould inhibit the functionality of other programs. HREF does not expect, or want, that to happen, but it is possible.
   3. HREF DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON INFRINGEMENT. IN NO EVENT SHALL HREF BE LIABLE FOR ANY LOSS OR DAMAGE OF ANY KIND, INCLUDING BUT NOT LIMITED TO INCIDENTAL, INDIRECT, CONSEQUENTIAL OR SPECIAL DAMAGES, ARISING OUT OF THIS AGREEMENT OF THE DELIVERY, USE, SUPPORT OR OPERATION OF THE SOFTWARE.
      AMONG OTHER THINGS HREF WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES. IN NO EVENT WILL HREF BE LIABLE FOR ANY DAMAGES IN EXCESS OF HREF's LIST PRICE FOR A LICENSE TO THE PROGRAM EVEN IF HREF SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION. FURTHERMORE, SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.
8. TERM AND TERMINATION
   1. The Term of this Agreement shall be from the Date of Purchase by the USER for twelve (12) months, unless terminated earlier as provided herein.
   2. USER may terminate this Agreement at any time and without cause upon one day prior written notice.
   3. HREF may terminate this Agreement at any time without cause with thirty days prior written notice.
   4. HREF will refund the licensing fee of the Program if this Agreement is terminated under section 8.02 or 8.03, if within the first ninety (90) days of the Agreement.
   5. HREF may terminate this Agreement for cause at any time without notice. Cause includes USER's breach of any term of this Agreement. HREF shall make no refund of any money if HREF terminates this Agreement for cause.
   6. On termination for any reason, USER shall immediately either (i) return to HREF all the DEVELOPMENT MATERIAL, or (ii) destroy all the DEVELOPMENT MATERIAL, and provide a written notice to that effect to HREF.
9. MISCELLANEOUS
   1. This Agreement constitutes the entire Agreement between USER and HREF. It is governed by the laws of the State of California.
   2. USER submits to the personal jurisdiction of the courts of the State of California in connection with any dispute arising under or in connection with this Agreement. The parties agree that a material portion of the duties and obligations contemplated by the agreement shall take place in California, and specifically in the county of Sonoma.
   3. This Agreement supersedes all prior agreements and understandings and sets forth the entire agreement between the parties regarding the subject matter. All modification to this Agreement must be in writing and signed by both parties.
10. COPYRIGHT AND TRADEMARK NOTICES
    1. "TPack" and "WebHub" are registered trademarks of HREF Tools Corp. and may only be used to denote products produced by HREF Tools Corp.
    2. All DEVELOPMENT MATERIAL and all related rights in patents, copyrights and trade secrets are protected by the copyright laws of the United States and international copyright treaties and shall at all times, and throughout the world, remain the property of HREF exclusively. HREF reserves the exclusive copyright and all other rights, title and interest to distribute the DEVELOPMENT MATERIAL.