License Agreement for SmartGit/Hg

Last date of change: 2013-06-24

1 Subject of the Contract: The license terms of syntevo GmbH (hereinafter called "licensor") are applied for the concession of the rights of use for the entire or partly use of the object code of the software SmartGit/Hg (hereinafter called "SOFTWARE") to contractors, juristic persons under public law or official fund assets in terms of §310 in conjunction with §14 BGB [Civil Code] (hereinafter called "licensee"). Herewith the inclusion of the licensee's own terms and conditions is contradicted, unless their validity has explicitly been agreed to.

2 Scope of the Rights of Use

2.1 The following terms are valid for the assignment and use of the SOFTWARE for an unlimited period of time including any documentation and the license file (a file that is custom-made for each individual granting of a license, the file being necessary for the operation of the SOFTWARE).

2.2 They are not valid for additional services such as installation, integration, parameterization and customization of the SOFTWARE to the licensee's requirements.

3 Rights of Use

3.1 The SOFTWARE is partly copyrighted in favour of the licensor and partly in favour of other holders of rights.

3.2 The SOFTWARE is handed over to the licensee for its intended use. The scope of the intended use as well as the kind and scope of the rights of use result from the assignment contract and said license terms. They especially depend on whether the licensee gets a

• SOFTWARE Non-Commercial License,
• SOFTWARE Commercial License,
• SOFTWARE Enterprise License.

3.2.1 If a SOFTWARE Non-Commercial License is agreed upon with the licensee, the licensor grants the licensee the non-exclusive, non-transferable right, which is terminable according to the terms of clause 5 and terminated according to the terms of clause 3.2.1.1, to have the SOFTWARE used

• on a arbitrary number of single-user computers or on a central server or via terminal server clients,
• simultaneously by a arbitrary number of users,
• solely for non-commercial purposes. A purpose is non-commercial only if it is in no manner primarily intended for or directed toward commercial advantage or private monetary compensation.
  Examples of non-commercial purposes:
  • you are using the SOFTWARE to work on open-source projects,
  • you are a student and you are using the SOFTWARE for your academic projects,
  • you are using the SOFTWARE in your spare time to manage the website source of your local football club for free.
  Examples of commercial purposes, i.e. when you will need a Commercial License:
  • you are using the SOFTWARE to work on open-source as well as on your company's projects,
  • you are a student and you are using the SOFTWARE for your work as a freelancer,
  • you are using the SOFTWARE in your spare time to manage the website source code of your local football club and you are getting paid for that.

3.2.1.1 The Non-Commercial License is only valid for the latest version of the SOFTWARE as it is published on licensor's website and for all versions which have been first published not earlier than 3 months prior to the latest published version ('License Transition Period'). The SOFTWARE may contain a feature which enforces the termination of the Non-Commercial License for older versions by making them stop working after the License Transition Period.

3.2.2 If a SOFTWARE Commercial License or a SOFTWARE Enterprise License is agreed upon with the licensee, the licensor grants the licensee the non-exclusive, non-transferable right, which is terminable according to the terms of clause 5 or permanent, to have the SOFTWARE used

• on a central server or via terminal server clients or as an in situ installation on single-user computers
• by the agreed-upon number of all users nameable on demand, that means to have the SOFTWARE saved, loaded, displayed and run permanently or temporarily. Every user known by name can be replaced by another user known by name only once in a month. From that time on, said first user must not use the SOFTWARE anymore and said second user may start to use the SOFTWARE. At no time must the number of the users known by name exceed the number of the acquired licenses (example: If the licensee has bought the SOFTWARE for five users whose names he can indicate on demand, only these five users may use the SOFTWARE. This is true independently of the number of the respective installations and of the fact if they are done on a central server or via terminal server clients or as a local installation on single-user computers).

3.3 The licensee undertakes to take care that the intended use of the SOFTWARE is assured by appropriate technical and organizational measures.

3.4 The licensee is obliged to back up the data orderly and regularly (especially with respect to working copies and repositories).

3.5 The licensee is entitled to produce one backup from the SOFTWARE.

3.6 The licensee is not entitled to translate, process, arrange the SOFTWARE differently or adapt or alter it and to copy the achieved results.

3.7 The licensee is not entitled to distribute the SOFTWARE. This comprises any form of sublicensing, especially selling, letting, leasing or lending. Passing on the license file, a text file showing name and address of the licensee as well as an electronic signature which allows the technical exploitation of the SOFTWARE is also considered to be a form of distribution.

3.8 The licensee is not entitled to make the SOFTWARE publicly accessible in such a way that it is accessible to the public at any place and at any time.

3.9 The licensee undertakes not to decompile the SOFTWARE.

4 Demo

4.1 If the SOFTWARE is handed over only for test purposes, the licensor grants the licensee the non-exclusive, non-transferable right, limited to the test period of thirty-one (31) days, to have a non-registered copy of the SOFTWARE (demo) used on a arbitrary number of single-user computers or on a central server or via terminal server clients by a arbitrary number of users simultaneously for test purposes only, that means not productively, which again means to have the SOFTWARE saved, loaded, displayed and run permanently or temporarily.

4.2 The demo of the SOFTWARE includes a function that terminates the use of the SOFTWARE after the expiration of the test period. After the payment of the agreed-upon license fee and the agreement to said license terms within the agreed-upon scope, this function is deactivated and the licensee gets the agreed-upon rights of use according to these license terms. Bypassing this technical protective function results in an immediate loss of all conceded rights of use. In this case a termination according to clause 5 is no longer applicable.

5 Liability

5.1 When the SOFTWARE is handed over cost-free or for test purposes, the licensor is only liable in case that malice or gross negligence are blamed on him.

5.2 The licensee's rights on indemnification due to a certain lack are excluded, if, for example, he has known the lack at the conclusion of the contract, especially when there had been a test phase before that date. If the licensee has not known of a lack due to gross negligence, he can only claim rights with respect to that lack if the licensor had fraudulently concealed the lack or had taken over a guarantee for the quality of that object.

5.3 In case of data loss the licensor is only liable for the effort that would have been necessary for the recovery of the data, provided that the data backup was properly executed by the licensee.

5.4 For the rest, kind and scope of liability are fixed in the respective sales contracts.

5.5 If a third party asserts rights against the licensee because of claimed infringement of the SOFTWARE, the licensee is entitled to the rights defined in the corresponding sales contract. However this only applies, if the licensee immediately notifies the licensor about the claims of the third party, does not accept any claimed infringement and either leaves any legal actions, including possible out-of-court arrangements, to the licensee or only consummates them in agreement with the licensee.

6 Cancellation of the Rights of Use

6.1 If the licensee culpably and seriously violates the agreed-upon rights of use or intellectual property rights of the entitled person, the licensor can cancel the rights to use the respective SOFTWARE. In this case the fee will not be refunded.

6.2 In case of cancellation the licensee is obliged to destroy the original of the SOFTWARE affected by the cancellation including any documentation and all copies or to return them to the licensor. If demanded by the licensor, the licensee will deliver a statement certifying the destruction.

6.3 The other legal provisions remain untouched.

7 Reference

7.1 The licensee grants the licensor the right to make the licensee's company name and/or logo publicly available on the licensor's website for referencing purposes (reference list).

7.2 The licensee does not have a right to request the inclusion into the licensor's reference list.

7.3 The licensee always can request in written form to be removed from the licensor's reference list. The licensee's entry will be removed in an adequate period of time after receiving the removal request.

8 Applicable Law and Place of Jurisdiction

8.1 The law of the Federal Republic of Germany is applicable for all legal relationships of the parties excluding the laws on the international sale of goods.

8.2 If the licensee is a merchant, a juristic person under public law or a person having special property under public law, the exclusive place of jurisdiction for all disputes from this contract will be the licensor's place of business. The same is applicable for the case when the licensee does not have a domestic place of general jurisdiction in Germany or the licensor's residence or habitual abode are not known at the time of filing an action. The licensor's capacity to apply to the court of a different place of jurisdiction remains untouched.

9 The following third parties have rights on parts of the SOFTWARE:

• Hg4J, copyright by TMate Software s.r.o. (http://hg4j.com/). The corresponding license agreement can be found in the file licenses/HG4J-LICENSE.
• Java-Prettify, copyright by Chan Wai Shing (https://code.google.com/p/java-prettify/).
  The corresponding license agreement (Apache License 2.0) can be found at https://code.google.com/p/java-prettify/.
• JGit, copyright by various authors (http://repo.or.cz/w/jgit.git and http://jgit.org).
  The corresponding license agreement can be found at http://repo.or.cz/w/jgit.git/blob/HEAD:/LICENSE or in the file licenses/JGIT-LICENSE within the installation directory of SmartGit/Hg.
• JNA, copyright 2008 by Timothy Wall and Wayne Meissner (https://jna.dev.java.net)
  The corresponding license agreement can be found at http://www.gnu.org/licenses/old-licenses/lgpl-2.1.html or in the file licenses/JNA-LICENSE within the installation directory of SmartGit/Hg.
• JOpt-Simple, copyright by various authors (http://sourceforge.net/projects/jopt-simple/). The corresponding license agreement can be found in the file licenses/JOPT-SIMPLE-LICENSE (MIT license) within the installation directory of SmartGit/Hg.
• JSon-Simple, copyright by various authors (https://code.google.com/p/json-simple/). The corresponding license agreement (Apache License 2.0) can be found at https://code.google.com/p/json-simple/.
• JMySpell, copyright 2007 by DreamTangerine (dreamtangerine@hotmail.com)
  The corresponding license agreement can be found at http://javahispano.net/projects/jmyspell/ or in the file licenses/JMYSPELL-LICENSE within the installation directory of SmartGit/Hg.
• Log4j, copyright by Apache Software Foundation
  The corresponding license agreement can be found at http://www.apache.org/licenses/LICENSE-2.0 or in the file licenses/LOG4J-LICENSE within the installation directory of SmartGit/Hg.
• SWT+JFace, copyright by Eclipse (http://eclipse.org). The corresponding license agreement can be found at http://www.eclipse.org/legal/epl-v10.html.
• SVNKit, copyright by TMate Software s.r.o. (http://svnkit.com/) The corresponding license agreement can be found in the file licenses/SVNKIT-LICENSE within the installation directory of SmartGit/Hg.
• Trilead SSH API, Copyright (c) 2007 Trilead AG (http://www.trilead.com). All rights reserved.
  The corresponding license agreement can be found at http://www.trilead.com/Products/Trilead_SSH_for_Java/license/ or in the file licenses/TRILEAD-LICENSE within the installation directory of SmartGit/Hg.

The licensee is obliged to abide by these third parties license terms. Consequently they are part of this license agreement. 

Draftsight : EULA

This End User License Agreement for No-Charge Software ("Agreement") is made by and between Dassault Systèmes SA, 10 rue Marcel Dassault, 78140, Vélizy-Villacoublay, France ("DS") and you ("Licensee").

IMPORTANT – READ CAREFULLY: The terms and conditions below set forth a legal agreement between DS and Licensee relating to the data processing program license distributed with, or otherwise subject to, this Agreement (the "Licensed Programs(s)"). Licensee should carefully read these terms and conditions BEFORE downloading and installing the Licensed Program(s).

1.    LICENSE

DS hereby grants to Licensee a no charge, non-transferable and non-exclusive license to use the Licensed Program(s) solely in accordance with this Agreement. Unless otherwise agreed in writing by DS in a separate agreement: (i) Licensee acknowledges and agrees that DS shall have no obligation to provide any services, support or maintenance for the Licensed Program(s) under this Agreement, and (ii) the Licensed Program(s) may be installed, executed and accessed by Users on hardware belonging to Licensee ("Machines"), and may not be executed or accessed by any other means, including without limitation via a network. "Users" include Licensee as well as its employees, students, consultants and subcontractors who access the Licensed Program(s) on Machines. Licensee may make the necessary number of copies of the applicable Licensed Program(s) for installation and one copy for back-up of each Licensed Program in support of Licensee's authorized use pursuant to this Agreement. No rights including any right to use, reproduce, display, other than those specifically described in this Agreement are granted to Licensee. Except to the extent permitted by applicable law, Licensee shall not analyze for purposes competitive to DS, reverse engineer, decompile, disassemble, or otherwise translate all or part of the Licensed Program(s). In the event Licensee wishes to ensure the interoperability, within the limits of its authorized use as defined in this Agreement, of the Licensed Program(s) with other computer software or with equipment under conditions provided for by law (including without limitation laws implementing the directive 2009/24/EC of the European Parliament and of the Council of 23 April 2009 on the legal protection of computer programs), Licensee must ask DS for a license to use standard interfaces, exclusively for internal use to achieve interoperability. DS will grant Licensee a license to use the standard interfaces at the then current prices and contractual conditions of DS or, if standard interfaces are not available, DS, for a fee, may provide Licensee with the necessary information to permit interoperability. Licensee is not authorized to give access to these interfaces to any person other than Users.

2.    TERM & TERMINATION

This Agreement shall come into full force and effect upon Licensee's acceptance of these terms and conditions, which acceptance is indicated by selecting the "Accept" button in the dialog presenting this Agreement, by downloading and/or installing and/or using the Licensed Program(s), and/or by your acceptance of another agreement that references and incorporates this Agreement, whichever occurs first. This Agreement may be terminated at any time by DS for any breach hereof upon notice to Licensee. Periodic activation may be required by Licensee in order to continue use of the Licensed Program(s). Use of the Licensed Program(s) may be interrupted until necessary activation steps are taken by Licensee. Upon termination hereof, Licensee shall immediately uninstall and delete all copies of the Licensed Program(s) and discontinue use of the Licensed Program(s). The sections entitled "PROTECTION AND NON-DISCLOSURE", "WARRANTY AND DISCLAIMER OF WARRANTY, RISK OF USE, LIMITATION OF LIABILITY AND INDEMNITY" and "GOVERNING LAW AND JURISDICTION" shall survive termination of this Agreement.

3.    PROTECTION AND NON-DISCLOSURE

The Licensed Program(s), including any copies made by or for Licensee, in whole or in part, are the sole property of DS or its licensor(s). All intellectual property rights in the Licensed Program(s) belong exclusively to DS or its licensor(s). DS and/or its licensors shall retain all title, copyright and other intellectual property rights in the Licensed Program(s) and all modifications, enhancements or other works derivative of the Licensed Program(s).

Licensee shall preserve and reproduce any copyright, patent and trademark notices which may appear in the Licensed Program(s) on all copies thereof, in whole or part. Licensee shall keep full, true and accurate records of all copies of the Licensed Program(s), which records shall be available for audit by DS.

Licensee recognizes that the methodologies, techniques, expressions, ideas and concepts contained in or expressed within the Licensed Program(s) are proprietary information and trade secrets of DS or its licensor(s). Licensee shall treat them as confidential information and never disclose them.

4.    LICENSEE'S RESPONSIBILITIES

Licensee is solely responsible for supervising, managing and controlling the use of the Licensed Program(s) in compliance with this Agreement, and shall take all appropriate measures, including with Users, to ensure such compliance, including without limitation compliance with its authorized use, and confidentiality obligations. Export to Licensee of Licensed Program(s) is subject to all applicable countries' export and re-export laws and regulations. DS shall have no liability whatsoever towards Licensee if such authorizations, licenses or approvals are not obtained. Licensee shall not export or re-export, either directly or indirectly, Licensed Program(s) when such export or re-export requires an export license or other governmental approval without first obtaining such license or approval. Licensee hereby certifies to Licensor that the Licensed Program(s) ordered hereunder will not be used in any nuclear, chemical, biological, weapons or missile delivery systems and will not be diverted to any country, company or individual that is prohibited by the applicable export laws of any country.

5.    WARRANTY AND DISCLAIMER OF WARRANTY, RISK OF USE, LIMITATION OF LIABILITY AND INDEMNITY

THE LICENSED PROGRAM(S) ARE MADE AVAILABLE ON AN "AS IS" BASIS, AND WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, ORAL OR WRITTEN, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT OR FITNESS FOR ANY PARTICULAR PURPOSE, AND ALL SUCH WARRANTIES, CONDITIONS, UNDERTAKINGS, AND TERMS ARE HEREBY EXCLUDED TO THE EXTENT PERMITTED BY LAW. IN NO EVENT SHALL DS OR ITS LICENSOR(S) BE LIABLE FOR DIRECT OR INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES, INCLUDING LOSS OF USE, PROFIT, REVENUE, OR GOODWILL, WHETHER BASED IN CONTRACT, NEGLIGENCE, OR OTHERWISE, ARISING OUT OF, RESULTING FROM OR IN ANY WAY RELATING TO LICENSEE'S USE OF THE LICENSED PROGRAM(S), INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OF DATA, OR LOSS OF USE DAMAGES ARISING OUT OF THIS AGREEMENT OR THE SUPPLYING OF THE LICENSED PROGRAM(S), EVEN IF DS OR ITS LICENSOR(S) ARE AWARE OF OR ARE NOTIFIED OF THE POSSIBILITY THEREOF. THIS SECTION SHALL SURVIVE ANY EXPIRATION OR TERMINATION OF THIS AGREEMENT. LICENSEE'S USE OF LICENSED PROGRAM(S) SHALL BE AT LICENSEE'S SOLE RISK. LICENSEE SHALL INDEMNIFY AND HOLD DS HARMLESS FROM ANY AND ALL LIABILITY OR EXPENSE, INCLUDING REASONABLE ATTORNEYS' FEES, ARISING OUT OF THIS AGREEMENT OR LICENSEE'S USE OF THE LICENSED PROGRAM(S) UNDER THIS AGREEMENT.

6.    GOVERNING LAW AND JURISDICTION

Except as expressly permitted herein, this Agreement may be modified only by written amendment signed by the parties and no other act, document, usage or custom shall be deemed to amend or modify this Agreement, including but not limited to Licensee's terms and conditions. The Agreement shall be governed and construed in accordance with the laws of France. The Commercial Court of Paris ("Tribunal de Commerce de Paris") shall have exclusive jurisdiction to hear any dispute arising out of or in connection with the interpretation and/or performance of this Agreement, however, the parties acknowledge and agree that in the event that the subject matter of any such dispute is intellectual property, DS shall have the right to bring any such dispute before the French Civil Court having jurisdiction pursuant to the French Code of Civil Procedure ("Code de Procédure Civile"). Licensee acknowledges and agrees that the last two sentences above shall not prevent, restrict or otherwise limit in any manner, DS' rights to seek equitable remedies, including injunctive relief before any competent court in any jurisdiction.

7.    U.S. GOVERNMENT RESTRICTED RIGHTS

If Licensee is an agency or unit of the U.S. Government, or obtains the Licensed Program(s) for the benefit of the U.S. Government, the Licensed Program(s) and the related Documentation are "commercial items," specifically "commercial computer software" and "commercial computer software documentation," and, consistent with FAR 12.212 and DFARS 227.7202, as applicable, are licensed to Licensee only with those rights as are granted pursuant to this Agreement. This provision shall survive any termination or expiration of the Agreement.

TORIBASH LIMITED USE SOFTWARE LICENSE AGREEMENT

        This Limited Use Software License Agreement (the "Agreement") is a legal

agreement between you, the end-user, and Nabi Studios Pte  Ltd ("Nabi"). By

continuing the installation of this game program, by loading or running the

game, or by placing or copying the game program onto your computer hard drive,

you are agreeing to be bound by the terms of this Agreement. If you do not

agree to the terms of this Agreement, promptly remove the game program and the

accompanying data files and contact Nabi for a full refund.

Nabi Studios Pte  Ltd LICENSE

        1.     Grant of License. Nabi grants to you the limited right

to use one (1) copy of the enclosed or foregoing game program (the "Software")

on a single computer. You have no ownership or proprietary rights in or to the

Software or the written materials accompanying the Software. For purposes of

this section, "use" means loading the Software into RAM, as well as installation

on a hard disk or other storage device. The Software, together with any archive

copy thereof, shall be destroyed when no longer used in accordance with this

Agreement, or when the right to use the Software is terminated. You agree that

you will not utilize, in any other manner, the Software in violation of any

applicable law.

        2.     Commercial Use is Prohibited. Under no circumstances shall you,

the end-user, be permitted, allowed or authorized to commercially exploit the

Software, any data comprising the Software. Neither you nor anyone at your

direction shall do any of the following acts (any such acts shall be deemed void

and a breach of this Agreement) with regard to the Software, or any portion

thereof, such as a screen display or a screenshot:

        a.     Rent the Software;

        b.     Sell the Software;

        c.     Lease or lend the Software;

        d.     Offer the Software on a pay-per-play basis;

        e.     Distribute, by electronic means or otherwise, the Software for

   money or any other consideration; or

        f.     In any other manner and through any medium whatsoever

  commercially exploit the Software or use the Software for any

  commercial purpose.

        3.     Additional Prohibited Uses. Neither you nor anyone at your

               direction shall take the following action in regard to the Software,

               or any portion thereof, such as a screen display or a screenshot:

        a.     Modify, disassemble, reverse engineer or decompile the Software;

        b.     Translate the Software;

        c.     Reproduce the Software;

        d.     Publicly display the Software;

        e.     Prepare derivative works based upon the Software; or

        f.     Distribute, by electronic means or otherwise, the Software.

        4.     Use of Other Material is Prohibited. Use, in any manner, of the

trademarks, such as Toribash(tm) logo, logos, symbols, art work, images,

screen displays or screenshots, sound effects, music, and other such material

contained within, generated by or relating to the Software is prohibited.

        5.     Restrictions Apply to Third Parties. The prohibitions and

restrictions described herein apply to anyone in possession of the Software

and/or Permitted Derivative Works.

        6.     Copyright. The Software and all copyrights related thereto

(including all characters and other images generated by the Software or depicted

in the Software) is owned by Nabi and is protected by Danish

copyright laws and international treaty provisions. You must treat the Software

like any other copyrighted material, except that you may either (a) make one

copy of the Software solely for back-up or archival purposes, or (b) transfer

the Software to a single hard disk provided you keep the original solely for

back-up or archival purposes. You may not otherwise reproduce, copy or disclose

to others, in whole or in any part, the Software. You may not copy the written

materials accompanying the Software. You agree to use your best efforts to see

that any user of the Software licensed hereunder complies with this Agreement.

        7.    Exclusive Remedies. You agree that your exclusive remedy

against Nabi, its affiliates, contractors, suppliers, and agents for loss

or damage caused by any defect or failure in the Software regardless of the form

of action, whether in contract, tort, including negligence, strict liability or

otherwise, shall be the return of the purchase price paid or replacement of the

Software. This Agreement shall be construed in accordance with and governed by

the laws of the State of Texas. Copyright and other proprietary matters will be

governed by United States laws and international treaties. IN ANY CASE, Nabi

 SHALL NOT BE LIABLE FOR LOSS OF DATA, LOSS OF PROFITS, LOST SAVINGS,

SPECIAL, INCIDENTAL, CONSEQUENTIAL, INDIRECT OR OTHER SIMILAR DAMAGES

ARISING FROM BREACH OF WARRANTY, BREACH OF CONTRACT, NEGLIGENCE, OR OTHER LEGAL

THEORY EVEN IF Nabi OR ITS AGENT HAS BEEN ADVISED OF THE POSSIBILITY OF

SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. Some jurisdictions do not

allow the exclusion or limitation of incidental or consequential damages, so the

above limitation or exclusion may not apply to you.

        8.    General Provisions. Neither this Agreement nor any part or

portion hereof shall be assigned, sublicensed or otherwise transferred by you.

Should any provision of this Agreement be held to be void, invalid,

unenforceable or illegal by a court, the validity and enforceability of the

other provisions shall not be affected thereby. If any provision is determined

to be unenforceable, you agree to a modification of such provision to provide

for enforcement of the provision's intent, to the extent permitted by applicable

law. Failure of a party to enforce any provision of this Agreement shall not

constitute or be construed as a waiver of such provision or of the right to

enforce such provision. If you fail to comply with any terms of this Agreement,

YOUR LICENSE IS AUTOMATICALLY TERMINATED.

        YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, THAT YOU UNDERSTAND

THIS AGREEMENT, AND UNDERSTAND THAT BY CONTINUING THE INSTALLATION OF THE

SOFTWARE, BY LOADING OR RUNNING THE SOFTWARE, OR BY PLACING OR COPYING THE

SOFTWARE ONTO YOUR COMPUTER HARD DRIVE, YOU AGREE TO BE BOUND BY THIS

AGREEMENT'S TERMS AND CONDITIONS. YOU FURTHER AGREE THAT, EXCEPT FOR WRITTEN

SEPARATE AGREEMENTS BETWEEN Nabi AND YOU, THIS AGREEMENT IS A COMPLETE

AND EXCLUSIVE STATEMENT OF THE RIGHTS AND LIABILITIES OF THE PARTIES. THIS

AGREEMENT SUPERSEDES ALL PRIOR ORAL AGREEMENTS, PROPOSALS OR UNDERSTANDINGS, AND

ANY OTHER COMMUNICATIONS BETWEEN Nabi AND YOU RELATING TO THE SUBJECT

MATTER OF THIS AGREEMENT.

1 Jan 2006