CATERPILLAR INC. SOFTWARE LICENSE AGREEMENT CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS BEFORE OPENING THIS PACKAGE. OPENING THIS PACKAGE AND/OR USE OF THE PROGRAM AND RELATED MATERIAL PROVIDED HEREWITH (HEREAFTER COLLECTIVELY REFERRED TO AS "PROGRAM") INDICATES YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS. IF YOU DO NOT WISH TO AGREE TO THESE TERMS AND CONDITIONS, PROMPTLY RETURN THE PACKAGE UNOPENED AND YOUR MONEY WILL BE REFUNDED. YOU ASSUME RESPONSIBILITY FOR THE SELECTION OF THIS PROGRAM TO ACHIEVE YOUR INTENDED RESULTS, AND FOR THE INSTALLATION, USE, AND RESULTS OBTAINED FROM THIS PROGRAM. TITLE: The PROGRAM is proprietary to CATERPILLAR, INC., Peoria, Illinois, U.S.A. and/or its subsidiaries (CATERPILLAR), and in some cases, to one or more third parties, and is protected by copyright. By accepting this Agreement, you do not become the owner of the PROGRAM, but do acquire the right to use the PROGRAM in accordance with the terms and conditions herein. LICENSE: You are licensed to: a. Use the PROGRAM on a single computer at a time for your internal purposes; and b. Make a backup copy of the PROGRAM (where the original PROGRAM does not have copy protection) to support your use in a single computer. Each backup diskette must include a reproduction of the copyright notice and other notices or legends as presented in the corresponding original PROGRAM and the PROGRAM diskette label(s); You may not: a. Provide or disclose the PROGRAM to unlicensed third parties; b. Translate, decompile, disassemble or create derivative works based on the PROGRAM; c. Grant sublicenses, leases, or other rights in the PROGRAM to third parties; or d. Export or reexport the PROGRAM without the appropriate United States and/or foreign governement license(s). LIMITED WARRANTY: CATERPILLAR does not warrant that the PROGRAM will meet your requirements or that operation of the PROGRAM will be uninterrupted or error-free. However, for a period of ninety (90) days from your acceptance of this Agreement, CATERPILLAR warrants the diskette(s) on which the PROGRAM is furnished to be free from defects in materials and workmanship under normal use. If a defect appears during the limited warranty period, you may return the diskette(s) for free replacement. EXCEPT FOR THE LIMITED WARRANTY DESCRIBED ABOVE, THE PROGRAM IS PROVIDED "AS IS" WITHOUT OTHER WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. LIMITATION ON LIABILITY: IN NO EVENT WILL CATERPILLAR BE LIABLE TO YOU, IN LAW OR EQUITY, FOR DAMAGES, CONSEQUENTIAL OR OTHERWISE, ARISING FROM YOUR USE OF THE PROGRAM OR ANY PART THEREOF. YOU AGREE THAT REGARDLESS OF THE FORM OF ANY CLAIM YOU MAY HAVE, CATERPILLAR'S LIABILITY WILL NOT EXCEED THE PRICE YOU PAID FOR THE PROGRAM. TERM: This Agreement is effective until terminated. The license granted herein will automatically terminate without further action by CATERPILLAR if you fail to comply with the restrictions as recited herein. These restrictions are for the benefit of CATERPILLAR and/or applicable licensors of the copies thereof. CATERPILLAR may likewise terminate this Agreement at any time and secure return of the PROGRAM or any part and any copies thereof. GENERAL: This Agreement will be governed by the laws of the State of Illinois, United States of America. This Agreement may be modified only in writing signed by a duly authorized representative of CATERPILLAR. No action may be brought for any breach of warranty more than one year following the expiration of the limited warranty period. YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. YOU FURTHER AGREE THAT IT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN US WHICH SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN US RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.