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eXERD™ Software Package

eXERD is supplied in two types as described below. eXERD runs in Eclipse environment. The product is composed of eXERD module developed by Tomato System, and the Eclipse platform element and libraries developed by Eclipse Foundation. The software of the Eclipse Foundation follows Eclipse Public License Version 1.0 ("EPL" http://www.eclipse.org/legal/epl-v10.html).

1. A type of plugin for Eclipse (eclipse.org). The users can install into the Eclipse they are using, via Eclipse update site.

2. We supply stand-alone software in the form of Eclipse RCP.


License Type

1. Evaluation Version License : We supply 30-day demo software to general users with the purpose of product evaluation. As the software is updated, there can be change in terms like rights & period of use, limitation of features, etc. without previous notices. And there is no direct technical support from Tomato System Co., Ltd. for this evaluation license.

2. Retail License : Retail license is supplied to the users who get Certificate of Authenticity or right in accordance with CA from Tomato System Co., Ltd. or agent(including president, executive, employee, and spokesperson) by the due process. We offer technical support service of product update to retail users. Retail users can get technical supports via product site (www.exerd.com) or e-mail(exerd@tomatosystem.co.kr).

For the details not specified above, we follow eXERD ™ Software License Agreement below.

eXERD ™ Software License Agreement

This software includes software, related medium to deliver and prints. You are regarded as to agree with License Agreement if you download, install, copy, open the CD, and use our software.

This is a contract about software use permission between Tomato System Co., Ltd. and software users(individual or organization) of Tomato System Co., Ltd.

If you install this software, you are regarded as reading and agreeing with contract terms and all information specified on this Software License Agreement. And you are regarded as admitting this contract has priority to all past order, pledge, advertisement and written agreement between you and Tomato System Co., Ltd.


Software Use Authority

1. Software License Agreement and User Duty : Tomato System Co., Ltd. grants a right to use this software obtained fairly by user. User has a duty not to reveal the serial number of the product or CD key lest some others should use this software illegally. Tomato System Co., Ltd. does not take responsibility for loss caused by violation of the duty of care of individual user.

2. User Limit : The user CANNOT install this software in excess of the permitted number of users specified in Software License Agreement. And also the user CANNOT move, copy or store this software to another computer or storage like network server. However the user can make 1 copy of this software for the convenient of installing or storing for private use.

3. Upgrade : For the upgrade of this software, the user should possess the use right for the old version of the product approved by Tomato System Co., Ltd. On upgrading to a new version, the use right of old version gets absorbed to that of the new version. Therefore, on purchasing a new product with an upgrade mark, it is prohibited to transfer, rent, or resell the use right of the old version. The old version is allowed only for the same user who possesses the use right of the new version, on the condition that this user DOES NOT run those two versions at the same time. If there is any appendage excluded in the new version, the user retains the use right over that appendage from the old version.

4. Other Users : If any user wants to install and use this software on the network server, or wants to offer a service in such an environment, there should be additional discussion and agreement with Tomato System Co., Ltd. Although this product of individual use right might be used on network, if the users want to install and use execution files on network server, they should purchase the license of the software – based on the number of concurrent users, or the number of execution files installed on the local drive.


Other Rights and Restricts

1. Transfer of Use Right : The right holder (transferrer) of this software can transfer all the user rights specified in this Agreement, on the condition that the transferee agrees with the terms of the Agreement. The transfer should include use right of the product and all the related appendages (such as Use Right License Agreement Certificate, the old version in case of upgraded product, etc.). Once having transferred the use right, the previous user loses all the use right over the product; the user cannot use the software and must delete the private copy made for convenience, if any. After completion of the transfer, the transferee should be registered as a changed user in Tomato System Co., Ltd. and then gets the full use rights and protection as a due user and also the rights for technical supports of Tomato System Co., Ltd.

2. Prohibition of Rental : The user CAN NOT rent or lend this software.


Copyright

1. TomatoSystem Co.(or the supplier) has total copyright and intellectual property right about this software including belongings(images, pictures, animations, clip arts, texts and program), printouts, and copies of this software. This right is protected by copyright law of Republic of Korea and Universal Copyright Convention.

2. The User SHOULD follow copyright law of Republic of Korea and Universal Copyright Convention to use this software. or also user SHOULD NOT do reverse engineering, decompile or disassemble violating the allowed permission in explicit way by the related law, and SHOULD NOT copy, change or adapt this software in some part or the whole, and CANNOT copy or distribute this software or related prints discretionally without prior approval of Tomato System Co., Ltd.

3. If the user violates copyright of Tomato System Co., Ltd., or make loss a result of any violation specified in the preceding paragraph, Tomato System Co., Ltd. can demand compensation of the user for all loss by violation of copyright.


Limitation of Guarantee and Indemnification

Tomato System Co., Ltd. DOES NOT guarantee functions of this software to be suitable for the user’s specific purposes. Tomato System Co., Ltd. DOES NOT take any responsibility for the results of user’s using this software.


Refund regulation

1. When a user couldn’t operate software or achieve the purpose of use, because of its significant function errors, the user could request refund to e-mail address on the website in a week from purchase. After confirmation, the refund manager is going to consider the user’s request and notice the result to the user. When the result is confirmed as the refund, Tomato System Co., Ltd. Should return the payment in 7 days from the result notification.

2. The user requesting refund should provide the objective resources to prove the reason of refund and its errors.

3. If the request is noticed to the manager over 7 days from purchase, it couldn’t be accepted.

Retail User Registration and Support

After purchasing the product, the users SHOULD register themselves as due users. Tomato System Co., Ltd. provides technical supports only for those registered users, and also provides revised edition of the product at a discounted price.


Governing Law and Jurisdiction

This Software License Agreement is ruled by law of Republic of Korea, and Seoul District Court has all exclusive jurisdiction about all legal dispute like lawsuit related to this software.



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