SRT END USER LICENSE AGREEMENT

IMPORTANT INFORMATION – PLEASE READ CAREFULLY
BY INSTALLING, COPYING, OR OTHERWISE USING THIS SOFTWARE (“SOFTWARE”), WHICH INCLUDES THE COMPUTER SOFTWARE, ASSOCIATED MEDIA AND PRINTED MATERIALS, YOU ARE CONSENTING TO BE BOUND BY, AND ARE BECOMING A PARTY TO, THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, YOU MAY NOT INSTALL THIS SOFTWARE, OR ANY PORTION OF IT, ON ANY COMPUTER, DISK, DISKETTE, SHARED NETWORK SYSTEM, OR ANY OTHER STORAGE MEDIUM.

EVALUATION VERSION

If you are installing the EVALUATION version of this SOFTWARE, South River Technologies (“SRT”) hereby grants you the following non-exclusive license:

a) You may use the accompanying SOFTWARE free of charge for the evaluation period for the sole purpose of evaluating the SOFTWARE.

b) You may install this SOFTWARE on as many machines as you wish provided that it is under the terms and conditions of this agreement, and provided that it is for the sole purpose of evaluating the SOFTWARE.

c) You may freely distribute the Software (in its entirety) to others for the sole purpose of evaluation, again, provided it is under the terms and conditions of this agreement.

d) If you wish to continue using this SOFTWARE once the evaluation period has expired, you are required to purchase a LICENSE for the SOFTWARE from SRT or one of its designated agents or resellers.

e) If, after the evaluation period has expired, you do not wish to continue using this SOFTWARE, you are required to remove this SOFTWARE, in its entirety, from all computers on which it is installed.

f) This license does not grant you any right to any support, bug fix, enhancement, or update.

LICENSED VERSION

If you are installing the LICENSED version of this SOFTWARE, SRT hereby grants you the following non-exclusive license:

a) You may use the SOFTWARE only on a single computer at a time, except the SOFTWARE may be executed from a common disk shared by multiple CPU’s provided that one authorized copy of the SOFTWARE has been licensed for each CPU executing the SOFTWARE. ®

b) YOU MAY NOT REDISTRIBUTE THIS SOFTWARE AND OR ACCOMPANYING REGISTRATION INFORMATION TO ANY PERSON OR ORGANIZATION WITHOUT THE PRIOR WRITTEN CONSENT OF SOUTH RIVER TECHNOLOGIES, INC.

TERMINATION

This LICENSE is effective unless terminated. This LICENSE will terminate immediately without notice from SRT if you fail to comply with any provision of this LICENSE. Upon termination, you must destroy the SOFTWARE and all copies thereof. You may terminate the LICENSE at any time by destroying the SOFTWARE and all copies thereof.

TITLE

Title, ownership writes, and intellectual property rights in and to the SOFTWARE shall remain in SRT. The SOFTWARE is protected by the copyright laws of the United States and international copyright treaties. Title, ownership rights, and intellectual property rights in and to the content accessed through the SOFTWARE is the property of the applicable content owner and may be protected by the applicable copyright or other law. This LICENSE gives you no rights to such content. This SOFTWARE is licensed, not sold.

YOU MAY NOT:

PERMIT OTHER INDIVIDUALS TO USE THE SOFTWARE EXCEPT UNDER THE TERMS LISTED ABOVE; MODIFY, TRANSLATE, REVERSE ENGINEER, DECOMPILE, DISASSEMBLE, OR CREATE DERIVATIVE WORKS BASED ON THE SOFTWARE; COPY THE SOFTWARE (EXCEPT FOR BACKUP PURPOSES); RENT, LEASE, TRANSFER OR OTHERWISE TRANSFER RIGHTS TO THE SOFTWARE OR REMOVE ANY PROPRIETARY NOTICES OR LABELS ON THE SOFTWARE.

NO OTHER WARRANTIES

UNLESS YOU AND SRT HAVE EXECUTED A SEPARATE AGREEMENT THAT STATES OTHERWISE, THE SOFTWARE IS PROVIDED ON AN “AS IS” BASIS, WITHOUT ANY WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABLE QUALITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, IMPLIED WARRANTY OF ACCURACY, ANY IMPLIED WARRANTY AGAINST INFRINGEMENT, ANY IMPLIED WARRANTIES ARISING UNDER SUBTITLE 4 OF TITLE 22 OF THE MARYLAND ANNOTATED CODE COMMERCIAL LAW ARTICLE OR THOSE ARISING BY LAW, STATUTE, USAGE OF TRADE OR COURSE OF DEALING. THERE IS NO WARRANTY THAT ANY INFORMATION, COMPUTER PROGRAM, LICENSOR’S EFFORTS OR ANY SYSTEM PROVIDED BY LICENSOR WILL FULFILL ANY OF LICENSEE’S PARTICULAR ® PURPOSES OR NEEDS. LICENSOR DOES NOT WARRANT THAT THE SOFTWARE WILL OPERATE ERROR FREE OR IN AN UNINTERRUPTED FASHION.

NO LIABILITY FOR CONSEQUENTIAL DAMAGES; LIMITED LIABILITY

IN NO EVENT SHALL SRT OR ITS SUPPLIERS, RESELLERS, OR DISTRIBUTORS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, LOSS OF DATA, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF SRT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

YOUR SOLE REMEDY IN THE EVENT OF A CLAIM OF BREACH OF THIS LICENSE BY SRT SHALL BE FOR SRT TO REPAIR OR REPLACE THE SOFTWARE, OR AT SRT’S ELECTION (OR IN THE EVENT SUCH REMEDY FAILS OF ITS ESSENTIAL PURPOSE) REFUND TO YOU THE AMOUNT ACTUALLY RECEIVED BY SRT FROM YOU (OR ON ACCOUNT OF YOUR USE OF THE SOFTWARE, FROM A RESELLER OR OTHER THIRDPARTY) IN THE 12 MONTH PERIOD ENDING ON THE DATE OF SRT’S ELECTION TO MAKE SUCH REFUND.