SWISH License Agreement

Enterprise Integration Technologies Corporation (EIT) grants to the possessor of this copy (the Licensee) a royalty-free, nonexclusive license to use, copy, modify and distribute both the binary and source code of SWISH and any related documentation (the Software) for personal, academic, research and internal commercial use (as defined in Section 6) only and subject to the following conditions:

1. By using or copying the Software, Licensee agree to abide by the terms of this Agreement.

2. Title and copyright to the Software remain with EIT and Licensee agrees to preserve the same.

3. Licensee acknowledges that the Software is still in the development stage and that it is being supplied "as is", without any accompanying services from EIT. EIT MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED. By way of example, but not limitation, EIT MAKES NO REPRESENTATIONS OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR THAT THE USE THE SOFTWARE WILL NOT INFRINGE ON ANY PATENTS OR OTHER RIGHTS.

4. Licensee may distribute the Software or any derivative work based on the Software to third parties provided (1) all copyright notices and this Agreement appear on all copies, and (2) no charge is associated with such copies. Unless Licensee labels the derivative work with the notice "No Grantback", Licensee agrees to grant EIT a royalty-free nonexclusive license to use, copy, modify and distribute any modifications to the Software owned by Licensee and distributed to third parties as a derivative work under this Agreement.

5. If Licensee distributes a derivative work, then Licensee also agrees to (1) notify EIT of the distribution, and (2) clearly notify users that such derivative work is a modified version and not the original EIT Software.

6. This license permits internal commercial use of the Software by Licensee. Internal commercial use means use by employees, contractors and others affiliated with Licensee under the direction of and for the benefit of the Licensee. Internal Use may also include initiating or responding electronically to requests from a third party whether or not the Licensee or third party is paying a fee for being a party to such communications. Commercial distribution is not permitted under this license. Any Licensee wishing to make a commercial distribution of the Software should contact EIT to negotiate an appropriate license. Commercial distribution includes (i) integration of all or part of the source code into a product for sale or license by or on behalf of Licensee to third parties, or (ii) distribution of the binary or source code to third parties that need it to utilize a commercial product sold or licensed by or on behalf of Licensee or (iii) any lease or rental of the Software to third parties.

7. EIT SHALL NOT BE HELD LIABLE FOR ANY LIABILITY NOR FOR ANY DIRECT, INDIRECT OR CONSEQUENTIAL DAMAGES WITH RESPECT TO ANY CLAIM BY LICENSEE OR ANY THIRD PARTY WITH RESPECT TO THIS AGREEMENT OR ANY USE OF THE SOFTWARE.

8. Licensee agrees to abide by all applicable laws of the United States, including, but not limited to, copyright and export control laws.

9. EIT has the right to terminate this license immediately by written notice upon Licensee's breach of, or non-compliance with any of its terms. Licensee may be held legally responsible for any copyright infringement that is caused or encouraged by licensee's failure to abide by the terms of this license.