Thank you for your continued interest in appVuze In-app Customer Support Plugin for PhoneGap/Cordova. The appVuze In-app Customer Support Plugin for PhoneGap/Cordova evaluation release is made available under the following license. Please take a moment to read and accept the license terms. APPVUZE IN-APP CUSTOMER SUPPORT PLUGIN FOR PHONEGAP/CORDOVA BETA TESTING SOFTWARE LICENSE AGREEMENT APPVUZE, INC IS WILLING TO LICENSE APPVUZE IN-APP CUSTOMER SUPPORT PLUGIN FOR PHONEGAP/CORDOVA AND ACCOMPANYING DOCUMENTATION (THE "SOFTWARE") TO YOU (THE "EVALUATOR") FOR EVALUATION PURPOSES ONLY UPON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS OF THIS LICENSE AGREEMENT. PLEASE READ THESE TERMS CAREFULLY BEFORE INSTALLING OR USING THE SOFTWARE. BY INSTALLING OR USING THE SOFTWARE, YOU ARE CONSENTING TO BE BOUND BY AND ARE BECOMING A PARTY TO THIS AGREEMENT. 1. Software: The licensed Software is "appVuze In-app Customer Support Plugin for PhoneGap/Cordova Evaluation Edition". 2. Grant of License: appVuze, Inc ("appVuze") hereby grants to Evaluator, for 15 days (the "Evaluation Period") following the execution of this Agreement (the "Agreement"), a limited, nontransferable, nonexclusive, nonsublicensable, revocable, worldwide license to use the Software for the purposes of internal evaluation and testing for suitability for commercial licensing ("Evaluation") by Evaluator. Title to the Software shall remain with appVuze at all times. 3. Exclusions: Evaluator shall not: a. copy any part of the Software except to make one copy for back-up purposes only; b. reverse compile or reverse assemble any portion of the Software where the source code is not freely accessible; c. distribute, disclose, market, rent, lease, or transfer the Software; d. export the Software; or e. allow others to make or obtain copies of the Software. 4. Support: appVuze may, during the Evaluation Period, make available updates, enhancements, and/or modifications to the Software and may provide such updates to Evaluator, but is under no obligation to do so. The provision by appVuze to Evaluator of such updates, enhancements, and/or modifications to the Software shall be subject to all terms and conditions of this Agreement and shall expire at the end of the Evaluation Period. 5. Specific Disclaimer of Warranty and Limitation of Liability: THE SOFTWARE IS PROVIDED WITHOUT WARRANTY OF ANY KIND. APPVUZE DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. APPVUZE WILL NOT BE LIABLE FOR ANY DAMAGES ASSOCIATED WITH THE SOFTWARE, INCLUDING, WITHOUT LIMITATION, ORDINARY, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO DAMAGES RELATING TO LOST DATA OR LOST PROFITS, EVEN IF APPVUZE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 6. Termination: Evaluator's license to use the Software shall terminate on the earlier of (i) written notice by either appVuze or Evaluator, or (ii) expiration of the Evaluation Period. Upon termination of the license as provided above, Evaluator shall promptly destroy the Software and any back-up copy of the Software made during the Evaluation Period. Evaluator shall also promptly return all materials provided by appVuze in connection with the Software. 7. Warranties and Representations; Indemnification. Evaluator warrants and represents that Evaluator's actions with regard to the Software will be in compliance with all applicable laws; and Evaluator will indemnify, defend, and hold appVuze harmless from and against any and all liabilities, damages, losses, claims, costs, and expenses (including legal fees) arising out of or resulting from Evaluator's failure to observe the use restrictions set forth herein. 8. Ownership and Copyright of Software: Title to the Software and all copies thereof remain with appVuze. The Software is copyrighted to appVuze. Evaluator will not remove copyright notices from the Software. Evaluator agrees to prevent any unauthorized copying of the Software. appVuze does not grant any express or implied right to Evaluator under appVuze patents, copyrights, trademarks, or trade secret information. 9. Feedback: It is expressly understood, acknowledged and agreed that Evaluator shall, regardless of whether or not formally requested to do, provide to appVuze reasonable suggestions, comments and feedback regarding the Software, including but not limited to usability, bug reports and test results (collectively, “Feedback”). If Evaluator provides such Feedback to appVuze, Evaluator shall grant appVuze the following worldwide, non-exclusive, perpetual, irrevocable,royalty free, fully paid up rights: to make, use, copy, modify, sell, distribute, sub-license, and create derivative works of, the Feedback as part of any appVuze product, technology, service, specification or other documentation (individually and collectively, "appVuze Products"); to publicly perform or display, import, broadcast, transmit, distribute, license, offer to sell, and sell, rent, lease or lend copies of the Feedback (and derivative works thereof) as part of any appVuze Product. Should Evaluator encounter any bugs, glitches, lack of functionality or other problems with the Software, please let appVuze know immediately so it can rectified accordingly. Evaluator can submit its requests and issues to hello@appvuze.com. Evaluators’s help in this regard is greatly appreciated. 10.Entire Agreement: This Agreement constitutes the entire agreement between the parties concerning Evaluator's use of the Software. This Agreement supersedes any prior verbal understanding between the parties and any Evaluator purchase order or other ordering document, regardless of whether such document is received by appVuze before or after execution of this Agreement. This Agreement may be amended only in writing by appVuze.