***SOURCE CODE LICENCE AGREEMENT*** FixGateway FIX ENGINE, Version 1.0 FixGateway Fix Engine and Associated APIs (c) 2000-2005 Octatec Ltd. All FixGateway Source Files (c) 2000-2005 Octatec Ltd. LICENSE TO USE: Octatec grants you a non-exclusive and non-transferable license for the internal use only of the accompanying source code. You have the right to build and change the source code however you wish, provided that you keep the copyright notice on each source file. You can use the built FixGateway Fix Engine and APIs on unlimited sites within your organization. You can incorporate parts of the source code within your own applications provided these applications are for the internal use of your organization only. You may not give away, sell or in any other way divulge the source code to any other organization, other indivuiduals or parties. You may not give away or sell any binaries built from the whole or from parts of the FixGateway source code to other organizations other indivuiduals or parties, i.e. You may not sell or give away any applications you write that incorporates this source code. This source code is confidential and copyrighted. Title to This source code and all associated intellectual property rights is retained by Octatec. Octatec Ltd will continue to market and sell FixGateway to other parties and organizations in binary and/or source code form. DISCLAIMER OF WARRANTY: UNLESS SPECIFIED IN THIS AGREEMENT, ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, ARE DISCLAIMED, EXCEPT TO THE EXTENT THAT THESE DISCLAIMERS ARE HELD TO BE LEGALLY INVALID. LIMITATION OF LIABILITY: TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL Octatec BE LIABLE FOR ANY LOST REVENUE, PROFIT OR DATA, OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, HOWEVER CAUSED REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT OF OR RELATED TO THE USE OF OR INABILITY TO USE THIS SOFTWARE, EVEN IF Octatec HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In no event will Octatec's liability to you, whether in contract, tort (including negligence), or otherwise, exceed the amount paid by you for This Software under this Agreement. The foregoing limitations will apply even if the above stated warranty fails of its essential purpose. This agreement shall be governed and interpreted in accordance with the Laws of the United Kingdom.