TERMS AND CONDITIONS FOR ELECTRIC XML

Please read this license agreement carefully. 
Your use of Electric XML or any related documentation 
indicates your acceptance of the following terms and 
conditions. If you do not agree to these terms and conditions, 
you may not install or use Electric XML. 

1. Ownership and License.

Electric XML is owned by The Mind Electric and is copyrighted 
and licensed, not sold. The Mind Electric grants you a non-exclusive, 
non-transferable license to use, modify and distribute Electric XML 
in both binary and source form as long as all of the following 
conditions are met:

  - You are not bundling Electric XML or a derivative of it 
    as part of a software development environment such as 
    JBuilder, WebGain or VisualAge. Note that this restriction is 
    targeted at IDE vendors, and does not prevent developers 
    from loading Electric XML into an IDE and using it during
    everyday development.

  - You are not integrating Electric XML or a derivative of it
    into a software infrastructure platform such as WebLogic, 
    Apache SOAP, WebSphere, Oracle application server,
    or HP e-speak. Note that this restriction is targeted at 
    software infrastructure vendors, and does not prevent developers
    from using and bundling Electric XML with applications that run
    on these platforms.

  - You must not remove any of the copyright information from the
    Electric XML source code or documentation.

If you cannot meet all of these conditions, please contact us
to arrange a special custom license.

2. Term and Termination

This Agreement is effective until terminated. You may terminate this Agreement 
at any time by destroying all copies of Electric XML. This Agreement will terminate 
immediately without notice from The Mind Electric if you fail to comply with 
any provision of this Agreement. Upon termination, you must destroy all copies 
of Electric XML.

3. Warranty Disclaimer and Limitation of Liability

The Mind Electric licenses the Software to you on an "as is" basis, without 
warranty of any kind. The Mind Electric hereby expressly disclaims all warranties 
or conditions, either express or implied, including, but not limited to, the 
implied warranties or conditions of merchantability and fitness for a particular 
purpose. You are solely responsible for determining the appropriateness of using 
Electic XML and assume all risks associated with the use of it, including but not 
limited to the risks of program errors, damage to or loss of data, programs or 
equipment, and unavailability or interruption of operations. Some jurisdictions 
do not allow for the exclusion or limitation of implied warranties, so the above 
limitations or exclusions may not apply to you. 

The Mind Electric will not be liable for any direct damages or for any special, 
incidental, or indirect damages or for any economic consequential 
damages (including lost profits or savings), even if The Mind Electric has been 
advised of the possibility of such damages. The Mind Electric will not be liable 
for the loss of, or damage to, your records or data, or any damages claimed by 
you based on a third party claim. Some jurisdictions do not allow for the 
exclusion or limitation of incidental or consequential damages, so the 
above limitations or exclusions may not apply to you. 

4. General

This Agreement is governed by the laws of the State of Texas. 
This Agreement is the only understanding and agreement we have regarding 
your use of Electric XML. It supersedes all other communications, 
understandings or agreements we may have had prior to this Agreement.