LICENSE AGREEMENT on the use of CS-Cart Shopping Cart Software Community Edition This license agreement (hereinafter referred to as the "Agreement") constitutes a contract between Simbirsk Technologies Ltd., Ulyanovsk, Russian Federation, which is the owner of exclusive rights to the CS-Cart Shopping Cart Software (hereinafter referred to as the "Copyright Owner"), and you (hereinafter referred to as the "User"). This Agreement contains definitions and conditions under which the User can use CS-Cart Shopping Cart Software Community Edition. TERMS AND DEFINITIONS All terms given in this section of the Agreement shall have the following meaning for this Agreement only, and shall not be construed to suggest otherwise when used in respect of the conditions set forth in this Agreement. CS-Cart Shopping Cart Software means the software registered at the Federal Service for Intellectual Property, Patents and Trademarks Regulations of the Russian Federation (certificate of official registration of a computer program #2007610394) and at the U.S. Copyright Office of the Library of Congress (certificate #TX 6-852-685). The User pays the Copyright Owner the compensation for the use of the software. The amount of the compensation and the order of payment are defined on the Official Website of the Copyright Owner at http://www.cs-cart.com/order-now.html. CS-Cart Shopping Cart Software Community Edition means a functionally limited edition of CS-Cart Shopping Cart Software. Program means the CS-Cart Shopping Cart Software Community Edition and all related printed materials, help and online documentation as well as all copies and all derivative works related to this software, including but not limited to, all updates and modifications created by the Copyright Owner. Program-based Derivative means any program, work or information created by the User or a third party using the Program or any of its parts. Domain Name means a unique alphanumeric name intended to identify a resource on the Internet. Website means a collection of related web pages or other digital assets available on the Internet through a common Domain Name. License means the right provided by the Copyright Owner allowing the User to use one copy of the Program. License Domain Name means the Domain Name of the website at which the User is allowed to use the Program. "Powered by CS-Cart..." Link Removal License means the right provided by the Copyright Owner allowing the User to remove the "Powered by CS-Cart..." text containing a hyperlink to the Official Website of the Copyright Owner from each page of one copy of the Program for the use of which the User owns the corresponding License. Official Website of the Copyright Owner means the website of the Copyright Owner available on the Internet at http://www.cs-cart.com. Confidential Information means the contents of the Program (source code) as well as other information about the Program that the Copyright Owner may deem confidential. 1. GENERAL PROVISIONS The User shall install and/or use the Program within the bounds of this Agreement only. By installing and/or using the Program, the User thus consents to the conditions set forth in this Agreement. If the User does not wish to be bound by this Agreement, he shall not install and/or use the Program. In order to conclude the Agreement, the User provides truthful, accurate and complete personal information according to the form available at the Official Website of the Copyright Owner at http://helpdesk.cs-cart.com/index.php?target=checkout&mode;=products. The User guarantees that the information submitted through the form is trustworthy. Every use of the Program is subject to this Agreement. Any use of the Program or any of its parts, which contradicts the conditions of this Agreement, is prohibited. If the law of the User's country makes a provision for a different order of using similar products, the User may still use the Program only in the way and within the bounds stipulated by this Agreement. 2. GRANT OF LICENSE The Copyright Owner grants the User the right to use one copy of the Program under a simple non-exclusive license. The User has the right to use the Program on the territory determined in section 7 of this Agreement in the following manner: - a one-fold download of a distribution package with the Program from the Official Website of the Copyright Owner and a one-fold installation (writing to the computer memory) of a copy of the Program available through the Internet only via the License Domain Name. Before downloading the distribution package with the Program, the User must tell the Copyright Owner the License Domain Name of the Website on which the Program will be used. 3. EXCLUSIVE RIGHT AND LIMITATIONS Exclusive right: The Program, together with its modifications, upgrades and Program-based Derivatives developed by the Copyright Owner, the User or a third party as well as patents, trademarks and other intellectual property related to any part of the Program, or to any modification, upgrade or Program-based Derivative, is and remains the exclusive property of the Copyright Owner. This Agreement constitutes no contract on disposal of the exclusive right, and shall by no means limit the rights of the Copyright Owner. The Copyright Owner has the right to: use the information received from the User to improve the Program, including informing the User about the introduced improvements, updates; notify the User that the copy of the Program is illegal and is used without a License. Limitations: The User has no right to: make copies of the Program and let a third party copy the Program; deploy additional copies of the Program on the Website on which Domain Name the Program is used; install and use the Program on other Domain Names that are different from the License Domain name; extract, excerpt or use any part of the Program to create any Program-based Derivatives as well as provide such possibility to a third party; sell, transfer, obligate, license, sublicense, rent, lease, give for temporary use, yield or convey (by selling, exchanging, giving as a gift, by law, or in any other way) the Program, any of its copies (or any of its parts), Licenses and other rights to them, partially or in full, to a third party without a prior written consent of the Copyright Owner. modify, remove, hide, or make barely visible any copyright, trademark or other proprietary notices contained within any part of the Program without a prior written consent of the Copyright Owner; prevent the Copyright Owner from obtaining information about the usage of the Program; use the CS-Cart Shopping Cart Software source code or any of its parts as well as source codes of other program products developed by the Copyright Owner from CS-Cart Shopping Cart Software to modify the Program. If the User breaches this section, the User is obliged to pay the Copyright Owner the compensation for the use of CS-Cart Shopping Cart Software or the program product developed by the Copyright Owner the source code of which the User used. The amount of the compensation (the price of the corresponding program product) and the order of payment are defined on the Official Website of the Copyright Owner. The User must preserve the text "Powered by CS-Cart..." containing a hyperlink to the Official Website of Copyright Owner on each page of the Program. The User has the right to remove this text only if he has acquired the "Powered by CS-Cart..." Link Removal License by paying the Copyright Owner the compensation which amount is defined on the Official Website of the Copyright Owner at http://www.cs-cart.com/free.html. If the User removes the text "Powered by CS-Cart..." containing a hyperlink to the Official Website of Copyright Owner without acquiring the "Powered by CS-Cart..." Link Removal License, the User is liable for violating the exclusive rights of the Copyright Owner in accordance to the effective law of the Russian Federation and international agreements on copyright and intellectual property. The User may not remove, disable or modify the part of the Program source code that verifies the Program authenticity and ascertains whether the User has the License to use the Program. 4. CONFIDENTIALITY The Program contains valuable trade secrets and proprietary information belonging to the Copyright Owner. The User pledges not to disclose Confidential Information, protect from and prevent unauthorized disclosure of the Confidential Information, and take appropriate measures to protect Confidential Information. If the information, which is confidential according to this Agreement, becomes available to a third party without a consent of the Copyright Owner, the User agrees to indemnify the Copyright Owner for all suffered damages. 5. WARRANTIES AND LIMITATIONS The Program is provided "AS IS" with all possible malfunction and in the state that is actual by the time the User downloads the distribution package with the Program. Under no circumstances the Copyright Owner guarantees error-free and uninterrupted performance of the Program and that it will meet the requirements of the User as well as the Copyright Owner disclaims any other warranties to the extent to which it is permitted by the effective law. 6. LIABILITY The User assumes all the risks related to the performance and the usage of the Program, including the risk of not getting the expected profit, the risk of a software failure after the Program is installed, etc. Under no circumstances the Copyright Owner is liable to the User for any damages (including, but not limited to, any loss of profits and confidential or other information, the damages caused by an interruption of the business, loss of revenue, turnover, business reputation or data, neglected business opportunities, any indirect, incidental, special, punitive or consequential damages) related to the usage of or impossibility to use the Program. In the event that the law of the User's country concedes no limitation of liability, or the liability of the Copyright Owner is recognized by the competent court, the Copyright Owner will be liable only for actual damage incurred from using this Program if the damage is caused by a tort of the Copyright Owner, or if the damage is caused by the reasons that the Copyright Owner knew or should have known. The maximum amount of liability of the Copyright Owner is limited to to $50 (fifty U.S. Dollars). The limitations of liability of the Copyright Owner that are specified in this section of the Agreement apply to the Program and all associated objects. 7. TERMINATION OF LICENSE AND AGREEMENT The Agreement is effective until terminated. The Agreement and the License are terminated immediately after the User violates any part of this Agreement without any additional notice from the Copyright Owner. And the User consents to immediately remove the Program together with all copies, modifications and upgrades, or any Program-based Derivatives. The territory for this Agreement shall be the entire world. The User has the right to terminate the License at any time by discontinuing the Agreement and removing the Program together with all copies, modifications and upgrades, or Program-based Derivatives. 8. FINAL PROVISIONS This Agreement complies with the effective law of the Russian Federation and international agreements on copyright and intellectual property. The appropriate law to interpret this Agreement and all relationships coming from the scope of the Agreement is the substantive and the adjective law of the Russian Federation. If any condition of this Agreement for any reason becomes unenforceable, or is voided or declared invalid by the competent court, then it is regarded as an omission from the text of this Agreement, which, however, shall by no means affect the legitimacy and validity of the other conditions. The section headings in the text of the Agreement are for convenience only and have no independent legal force, and shall not be interpreted in relation to the conditions of the Agreement. The User acknowledges that he has read this Agreement carefully and understood it completely, and agrees to accept its terms and conditions. The Copyright Owner may unilaterally change this Agreement. The changes in the conditions of the Agreement shall come into force on the date of publishing on the Official website of the Copyright Owner, unless otherwise is specified in the publication, and become mandatory for acceptance and satisfaction by the User for further usage of the Program. The User is notified of the changes through a notice on the Official website of the Copyright Owner where the text of the changes is published as well as a respective notification is sent to the User’s email address. The User acknowledges that the Copyright Owner may suffer damage if the conditions of this Agreement are not respected, and therefore the User agrees that the Copyright Owner has the right to use any form of protecting the violated rights and legitimate interests, including the direct appeal to the appropriate court without a necessity to comply with the claim settlement procedure. Any dispute arising out or in connection with this Agreement, including any question regarding its interpretation, validity or termination, shall be referred to and finally resolved by the Ulyanovsk Regional Court of Arbitration (Ulyanovsk, Russian Federation), or the appropriate court of common law on the territory of the Russian Federation (the competent court). The Program is protected by the law of the Russian Federation and international legislation on copyright and intellectual property. © 2004-2010 Simbirsk Technologies Ltd.

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