Applied Models License Agreement THE USE OF THE SOFTWARE LICENSED TO YOU IS SUBJECT TO THE TERMS AND CONDITIONS OF THIS SOFTWARE LICENSE AGREEMENT. BY INSTALLING, COPYING, OR OTHERWISE USING THE SOFTWARE, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUNDED BY ALL OF THE TERMS AND CONDITIONS OF THIS SOFTWARE LICENSE AGREEMENT. 1. License. The Applied Models MDA computer program in the edition provided, the related applications and plug-ins, and documentation that accompanies this license (collectively, the “Software”) is the proprietary property of Applied Models or its licensors and is protected by the copyright law of the United States and other countries and by international treaty provisions. While Applied Models continues to own the Software, upon Your acceptance of this license, You will have a personal, non-transferable, non-exclusive license to use, in machine-readable, object code format only, the quantity of the Software for which You have paid the applicable license fee. This Agreement governs any releases, revisions, or enhancements to the Software that Applied Models may furnish or make available to You. The limits provided for in this Agreement shall apply to use of the Software or any portion thereof. YOU MAY NOT USE, COPY, MODIFY, OR TRANSFER THE SOFTWARE, IN WHOLE OR IN PART, EXCEPT AS MAY BE SPECIFICALLY AUTHORIZED IN THIS AGREEMENT. Scoop of license: Single User Single Installation License (a) and Limited Free license (b). a. For each copy of the Software that You have licensed from Applied Models, You may only install that copy of the Software on one (1) central processing unit (“CPU”) controlled by You for use by a single user. For purposes of this Agreement, the fact that multiple processors are installed on a single chassis shall be disregarded. b. Limited Free License The Limited Free License can be used only for non commercial purposes. You may only install that copy of the Software on one (1) central processing unit (“CPU”) controlled by You for use by a single user.The License is automatically limited to models up to one hundred elements. For any commercial use or for constructing models containing more than 100 elements, it is required that You purchase a Single User Installation License. PROVIDED, HOWEVER, that the Software may only be used by You and no other person at the foregoing locations and PROVIDED FURTHER, HOWEVER, that at no time may the Software be running simultaneously at more than one (1) of the foregoing locations. 2. Restrictions. The Software is confidential copyrighted information of Applied Models, and Applied Models and/or its licensors retain title to all copies. The Licensee shall not modify, adapt, decompile, disassemble, decrypt, extract, or otherwise reverse engineer the Software. Software may not be leased, rented, transferred, distributed, assigned, or sublicensed, in whole or in part. The Software contains valuable trade secrets. The Licensee promises not to extract any information or concepts from it as part of an effort to compete with the licensor, nor to assist anyone else in such an effort. The Licensee agrees not to remove, modify, delete or destroy any proprietary right notices of Applied Models and its licensors, including copyright notices, in the Software. 3. Disclaimer of Warranty. The software and documentation are provided "AS IS," WITH NO WARRANTIES WHATSOEVER. ALL EXPRESS OR IMPLIED REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT, ARE HEREBY EXCLUDED. THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH THE LICENSEE. THERE IS NO WARRANTY THE DOCUMENTATION, APPLIED MODELS EFFORTS OR THE LICENSED SOFTWARE WILL FULFILL ANY OF LICENSEE'S PARTICULAR PURPOSES OR NEEDS. IF THESE WARRANTIES ARE UNENFORCEABLE UNDER APPLICABLE LAW, THEN APPLIED MODELS DISCLAIMS SUCH WARRANTIES TO THE MAXIMUM EXTENT PERMITTED BY SUCH APPLICABLE LAW. 4. Limitation of Liability. APPLIED MODELS AND ITS LICENSORS SHALL NOT BE LIABLE FOR ANY DAMAGES SUFFERED BY THE LICENSEE OR ANY THIRD PARTY AS A RESULT OF USING OR DISTRIBUTING SOFTWARE. IN NO EVENT WILL APPLIED MODELS OR ITS LICENSORS BE LIABLE FOR ANY LOST REVENUE, PROFIT OR DATA, OR FOR DIRECT, INDIRECT, EXEMPLARY, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF APPLIED MODELS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 6. No Support or Maintenance. Applied Models is not obligated to provide any maintenance or support services for the Software or any upgrades or enhancements under this Agreement. You may purchase from Applied Models maintenance and support pursuant to the terms, conditions, and pricing of Applied Models’s maintenance and support agreement as in effect on the date of Your purchase. Any upgrades, enhancements, or supplements provided to You as part of the support services or otherwise, shall become a part of the Software and subject to the terms and conditions of this Agreement. With respect to technical information You provide to Applied Models as part of the support services, Applied Models may use such information for its business purposes, including for product support and development. Applied Models will not utilize such technical information in a form that personally identifies You. 7. Termination. The Licensee may terminate this License at any time by destroying all copies of Software. Applied Models will not be obligated to refund any License Fees, if any, paid by the Licensee for such termination. This License will terminate immediately without notice from Applied Models if the Licensee fails to comply with any provision of this License. Upon such termination, the Licensee must destroy all copies of the Software. Applied Models reserves all rights to terminate this License. 8. Governing Law; Dispute Resolution. The validity and interpretation of this Agreement shall be governed by and construed in accordance with the laws of Hong Kong, China without regard to conflict of law principles. SPECIFIC DISCLAIMER FOR HIGH-RISK ACTIVITIES. The SOFTWARE is not designed or intended for use in high-risk activities including, without restricting the generality of the foregoing, on-line control of aircraft, air traffic, aircraft navigation or aircraft communications; or in the design, construction, operation or maintenance of any nuclear facility. Applied Models disclaims any express or implied warranty of fitness for such purposes or any other purposes. NOTICE. The Product is not intended for personal, family or household use; rather, it is intended exclusively for professional use. Its utilization requires skills that differ from those needed to use consumer software products such as word processing or spreadsheet software. GOVERNMENT RIGHTS: If the Software is licensed by or on behalf of a unit or agency of any government, the Licensee agrees that the Software is "commercial computer software", "commercial computer software documentation" or similar terms and that, in the absence of a written agreement to the contrary, the Licensee's rights with respect to the Software are limited by the terms of this Agreement. Acknowledgements Applied Models Ltd info@appliedmodels.com This Product includes software developed by Applied Models Ltd. Copyright c2006-2007. All rights reserved.