PMI TECHNOLOGIES INC.
SWPF  3D INTERACTIVE PLATFORM
END USER LICENSE AGREEMENT

You should read carefully all the terms and conditions of this License agreement (hereinafter referred to as the ¡°Agreement¡±) between PMI TECHNOLOGIES INC. and yourself (hereinafter referred to as ¡°You¡± or ¡°LICENSEE¡±).

By completing the installation process and using the Software/checking the option ¡°I accept the terms in the License Agreement¡±, you agree to be bound by all the terms of the Agreement.

If You do not agree to be bound by the terms of the Agreement, then do not install and/or use the Software.


1. DEFINITIONS

¡°PMI TECHNOLOGIES INC.¡± means the China Limited Company registered at the Register of  153F SIPIS, 1355 JinJihu RD, SIP SooChow - China

¡°Application¡± means the application developed and published by a duly authorized partner of PMI TECHNOLOGIES INC., which uses the SWPF and It¡¯s related program.

"Environment" means the computer hardware ("platform(s)"), operating system(s) and the software programs required for use in conjunction with the Software, and indicated on the Media.

"Media" means all methods through which LICENSEE obtains the Software.

" Program"/¡±Software¡± means the program(s) ¨C in the language defined in the Media and machine readable form - required in order for the Application to operate and coupled with the Application; any all corrections, new releases, versions, updates, upgrades, adaptations and improvements related to the Software.


2. OWNERSHIP 

The Software is the exclusive property of PMI Technologies Inc. and/or its licensors and is protected by China laws, foreign and applicable international laws, treaties and conventions. 
 
This is a license agreement and not an agreement for sale. Consequently, PMI Technologies Inc. (and/or its licensors) shall retain exclusive ownership of the Software, the trademarks used in connection therewith, and all intellectual property rights embodied therein and related thereto.

No ownership interest in the Software is transferred to LICENSEE hereunder.


3. GRANT OF RIGHTS 

PMI TECHNOLOGIES INC. hereby grants LICENSEE - with charges - a personal, company, and other entity to use the Software.

It is LICENSEE¡¯s responsibility to make sure that any user of the Software complies with the terms of the Agreement.

If the Software contains an update/upgrade of the Program, such update/upgrade constitutes a single product with the Software. Consequently, LICENSEE ceases using the previous version of the Software and LICENSEE agrees to all the terms of the Agreement which govern the terms and conditions of use of the updated Software.

LICENSEE acknowledges and agrees that the Agreement include technical support but no maintenance services.

YOU MAY:

(a) install and use the Software on one (a) computer at any time, for trial or commercial purposes;

(b) make one (1) copy of the Software for back-up purposes only and in executable form, provided You reproduce all the copyright, trademarks and other proprietary notices that may appear on or in the Software; such copy being subject to the terms and conditions of the Agreement.

YOU MAY NOT:

(a) use the Software for any other purpose than running the Application under the terms of the Agreement;

(b) modify, translate or alter the Software, including but not limited to, using scripts or any other web technologies that could extend the functionality or use of the Software or any other derivative work. In the event modifications or derivative works are performed by You, PMI TECHNOLOGIES INC. shall own such modifications, alterations or derivative works by operation of the Agreement;

(c) reverse-engineer, decompile, disassemble, partially or completely, the Software, except as otherwise mentioned by the legal measures in force. Nevertheless, LICENSEE shall ask PMI TECHNOLOGIES INC. for the information which is necessary to achieve the interoperability of the Software with another program and this, before any decompilation;

(d) remove or alter any identification, proprietary notice, labels or trademarks of PMI Technologies Inc. and/or its licensors which appear on or in the Software;

(e) sublicense, sell, lease, rent, share the use of the Software or otherwise transfer it, or permit any third party to use the Software without the prior written consent of PMI TECHNOLOGIES INC.;

(f) use the Software in violation of any Country, Treaty, Federal or State law, regulation or rules, including laws with respect to misuse or improper use of information.


4. OTHER RIGHTS

The Software may include one or more libraries, files or other items intended to help LICENSEE to use the Software. PMI TECHNOLOGIES INC. grants LICENSEE the right to use these libraries, files and other items provided LICENSEE complies with the terms of the Agreement and any terms specific to the libraries or files. LICENSEE should refer to the "Read me" file included in the Software for additional information and terms. By accepting the Agreement, You also agree with the additional terms and conditions, if any, set forth therein.

In any case, it is LICENSEE¡¯s responsibility to make sure that any user of the Software complies with the terms of the Agreement.


5. WARRANTY DISCLAIMER AND LIABILITY LIMITATION

5.1	EXCEPT FOR ANY WARRANTY, CONDITION, REPRESENTATION OR TERM TO THE EXTENT TO WHICH THE SAME MAY NOT BE EXCLUDED OR LIMITED BY APPLICABLE LAW, PMI TECHNOLOGIES INC. AND/OR ITS LICENSORS PROVIDE SOFTWARE ON AN ¡°AS IS¡± BASIS, WITHOUT ANY WARRANTY OF ANY KIND. CONSEQUENTLY, PMI TECHNOLOGIES INC. AND/OR ITS LICENSORS DISCLAIM ALL WARRANTIES AND CONDITIONS - WHETHER EXPRESS, IMPLIED OR STATUTORY - AS TO ANY MATTER, INCLUDING WITHOUT LIMITATION PERFORMANCE, RESULTS, MERCHANTABILITY, INTEGRATION, SATISFACTORY QUALITY, FITNESS FOR ANY PARTICULAR PURPOSE, RELIABILITY OR AVAILABILITY AND/OR NON-INFRINGEMENT OF ANY THIRD PARTY¡¯S RIGHTS. 

5.2 You acknowledge and agree that PMI TECHNOLOGIES INC. is not responsible for the availability of the Application and/or any content provided by a third party to LICENSEE. LICENSEE bears all risks associated with the use of the Application and more generally any content, with which the Software is coupled; it being agreed that the relationship is directly between LICENSEE and the owner of such Application. Consequently, PMI TECHNOLOGIES INC. is not responsible for any loss or damage of any sort that You may incur from dealing with such third party.

5.3	IN NO EVENT, WILL PMI TECHNOLOGIES INC. AND/OR ITS LICENSORS BE LIABLE FOR ANY DAMAGES, CLAIMS OR COSTS WHATSOEVER OR ANY INCIDENTAL, CONSEQUENTIAL, DIRECT OR INDIRECT DAMAGES CAUSED TO LICENSEE, ANY USER OR THIRD PARTY, EVEN IN CASE OF NEGLIGENCE, INCLUDING BUT NOT LIMITED, TO THE INTERRUPTION OF THE GOOD ORDER WORK OF THE SOFTWARE, THE LOSS OF PROFITS, LOSS OF DATA AND/OR ANY OTHER FINANCIAL LOSS ARISING FROM THE USE OF THE SOFTWARE OR INABILITY TO USE IT EVEN IF PMI TECHNOLOGIES INC. HAS BEEN NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES. 

THE FOREGOING LIMITATIONS AND EXCLUSIONS APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.


6.	NON-DISCLOSURE AND REFERENCES

The structure and organization of the Software are valuable trade secrets and confidential information of PMI TECHNOLOGIES INC. and/or its licensors. LICENSEE shall not disclose such trade secrets. The obligation of non-disclosure shall remain in force five (5) years after the termination of the Agreement for any reason whatsoever.

LICENSEE expressly agrees that PMI TECHNOLOGIES INC. has the right to publicly announce the PMI TECHNOLOGIES INC./LICENSEE relationship and use LICENSEE¡¯s name and logo as a reference.


7.	TERM AND TERMINATION

Unless early termination, the license of use under the Agreement is granted to LICENSEE for the term of the rights granted to the latter relating to the Application. 

LICENSEE may terminate a license at any time without cause by registered letter. This termination shall not relieve LICENSEE from its liability arising before the termination date.

PMI TECHNOLOGIES INC. may terminate the Agreement at any time and without prior written notice in the event of any breach of the Agreement by LICENSEE.

Upon termination of the Agreement for any reason whatsoever, LICENSEE shall immediately stop using the Software and destroy any copy made whether partial or whole. In addition, LICENSEE shall certify by means of a written document duly signed by a legal representative that these provisions have been respected within a time limit of five (5) days from the date of termination. The termination of the Agreement does not prevent PMI TECHNOLOGIES INC. from claiming any further damages.


8.	CONSUMER RIGHTS 

You may have additional consumer rights under your local laws, which the Agreement cannot change. In particular, the limitations or exclusions of liability contained in the Agreement do not affect or prejudice the statutory rights of consumers. 


9.	MISCELLANEOUS PROVISIONS

The relationship between PMI TECHNOLOGIES INC. and LICENSEE is that of LICENSOR/LICENSEE. In all matters relating to the Agreement, LICENSEE will act as an independent party. It is LICENSEE's responsibility to comply with any applicable China export control laws and regulations. LICENSEE shall not directly or indirectly transfer the Software to any country to which such transfer would be prohibited by any applicable export control laws or would be subject to an export license or any administrative authorization, without having obtained first, such license or authorization. Further, LICENSEE warrants that LICENSEE is not a national or a resident of a country to which exporting the Software is not allowed by virtue of any Export laws or regulations. If any provision of the Agreement is held to be unenforceable upon a definite legal provision or a statutory or judicial determination, the remainder of the Agreement shall continue in full force and effect. The waiver by either party of a breach or default hereunder does not constitute the waiver of any subsequent breach or default. The Agreement constitutes the entire agreement between PMI TECHNOLOGIES INC. and LICENSEE relating to the Software. No change or modification to the Agreement shall be valid unless it is in writing, and is signed by LICENSEE and an authorized officer of PMI TECHNOLOGIES INC.. The Agreement is in the English language only, which language shall be controlling in all respects. All versions hereof in any other language shall not be binding on the parties hereto. A printed version of the Agreement under electronic form and any warning notice delivered under electronic form by PMI TECHNOLOGIES INC., shall be accepted in the course of any legal proceedings regarding the execution of the Agreement. The Agreement shall be governed by China law and any dispute, controversy or claim arising out of or related to the Agreement shall be settled by adjudication before the Commercial Court of SooChow, China.

YOU ACKNOWLEDGE THAT YOU HAVE READ THE AGREEMENT, UNDERSTAND IT AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.

If You have any questions regarding the Agreement or if you wish to request any information from PMI TECHNOLOGIES INC., please contact us via the web at: www.pmi-tech.com (¡°about us¡±).

PMI and SWPF are either registered trademarks or trademarks of PMI TECHNOLOGIES INC..
