COMPUTAS NA, Inc. Customer Program License Agreement YOU SHOULD CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS BEFORE OPENING THE SEALED SOFTWARE PACKAGE OR USING THE SOFTWARE. OPENING THE SEALED SOFTWARE PACKAGE OR USING THE SOFTWARE INDICATES YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE WITH THEM, YOU SHOULD PROMPTLY RETURN THE PACKAGE UNOPENED TO THE PLACE WHERE YOU OBTAINED IT FOR A PROPER CREDIT. This license agreement ("Agreement") applies to the program contained in the accompanying package ("Software") and any accompanying documentation and training materials ("Documentation"). Unauthorized copying is prohibited by copyright law and other applicable laws. YOU MAY NOT USE, COPY, MODIFY OR TRANSFER THE SOFTWARE OR DOCUMENTATION, IN WHOLE OR IN PART, EXCEPT AS EXPRESSLY PROVIDED FOR IN THIS AGREEMENT. The Software and Documentation are or may be considered by COMPUTAS as confidential, proprietary and a trade secret and shall be safeguarded by you as such. Title to the Software and Documentation and copies of each remains with COMPUTAS as the copyright owner. LICENSE COMPUTAS grants you a non-exclusive license to use the Software and Documentation, solely in accordance with and subject to the limitations below and other provisions of this Agreement. This license grant is subject to the payment of all applicable license fees. The license granted under this Agreement does not grant you any right to any enhancement or update to the Software or Documentation, but you may obtain enhancements and updates by separately purchasing a subscription to the Software from COMPUTAS. You may: a. use the Software only on a single, non-networked machine at a single location, unless the Software has been specifically designated by COMPUTAS in contractual documentation accompanying this package for your use on a group of machines; b. use the Software on your internal company network if a licensed copy of the Software has been acquired for each person permitted to access the Software through the network; c. if you have purchased a license for multiple copies of the Software, make the total number of copies of the Software and Documentation stated on the invoice(s), provided any copy must contain all of the original Software's proprietary notices. The number of copies stated on the invoice(s) is the total number of copies that may be made for all platforms. d. copy the Software into any machine readable form for backup purposes only, to support your use of it in the single machine or designated group of machines; and; e. permanently transfer the Software and license to another party only if the other party agrees to accept and be bound by the terms and conditions of this Agreement. You must advise COMPUTAS of the name and address of the other party and the other party must accept the terms of this Agreement by signing a copy of it and providing COMPUTAS with the signed copy. If you transfer the Software, you must at the same time destroy all copies of the Software and Documentation whether in printed or machine-readable form that you have not transferred to the other party. You may not: f. modify, translate, reverse engineer, decompile, disassemble (except and solely to the extent an applicable statute expressly and specifically prohibits such restrictions), or create derivative works based on the Software or the Documentation; g. rent, lease, lend, sell or grant a security interest to the Software; h. remove or alter any trademark, logo, copyright or other proprietary notices, legends, symbols or labels in the Software or Documentation, or in copies you have made of the Software or Documentation. You must reproduce and include any copyright notice, serial number and any other notice on any copy. IF YOU TRANSFER POSSESSION OF ANY COPY TO ANOTHER PARTY, YOUR LICENSE WILL BE AUTOMATICALLY TERMINATED. TITLE Title, ownership rights, and intellectual property rights in the Software and Documentation shall remain in COMPUTAS and/or its suppliers. You acknowledge such ownership and intellectual property rights and will not take any action to jeopardize, limit; or interfere in any manner with COMPUTAS' or its supplier's ownership of or rights with respect to the Software and Documentation. The Software and Documentation are protected by copyright and other intellectual property laws and by international treaties. TERM Your license is effective until terminated. You may terminate it at any time by destroying the Software and Documentation, including all copies, in any form. It will also be terminated upon conditions set forth elsewhere in this Agreement or if you fail to comply with any term or condition in this Agreement. You agree that upon any such termination you will destroy the Software and Documentation, including all copies in any form. EXCLUSION OF WARRANTY EXCEPT AS STATED IN THE LIMITED WARRANTY BELOW, THE SOFTWARE AND DOCUMENTATION ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT OF THIRD PARTY RIGHTS. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE AND DOCUMENTATION IS WITH YOU. SHOULD THE SOFTWARE OR DOCUMENTATION PROVE DEFECTIVE, YOU (AND NOT COMPUTAS OR ITS DEALER OR DISTRIBUTOR OR ANY LICENSOR OF COMPUTAS OR OWNER OF THE SOFTWARE) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. There is no warranty by COMPUTAS or any other party or person that the functions contained in the Software will meet your requirements or that the operation of the Software will be uninterrupted or error free. You assume all responsibility for the selection of the Software to achieve your intended results, and for the installation, use and results obtained from it. LIMITED WARRANTY If all license fees have been paid, COMPUTAS warrants both the media on which the Software is furnished and the reproduction of the Software on the media to be free from defects in materials and workmanship under normal use for a period of ninety (90) days from the date of delivery to you as evidenced by a copy of your receipt. This Limited Warranty only applies to the original recipient of the Software and is void if the failure of the Software is due to abuse or misuse. COMPUTAS' entire liability and your exclusive remedy for any failure of the Software to comply with this Limited Warranty shall be: a. the repair or replacement of any media not meeting COMPUTAS' Limited Warranty and which is returned to COMPUTAS or any authorized COMPUTAS dealer or distributor within the 90-day period, with a copy of your receipt, or b. if COMPUTAS or its authorized dealer or distributor is unable to deliver replacement media which is free of defects, you may terminate the license by returning the Software and Documentation and your money will be refunded. IN NO EVENT WILL COMPUTAS OR ANY OTHER PARTY OR PERSON BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES, INCLUDING LOST PROFITS, LOST SAVINGS OR OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THIS AGREEMENT OR THE USE OR INABILITY TO USE THE SOFTWARE OR DOCUMENTATION OR MEDIA EVEN IF COMPUTAS OR THE OTHER PARTY OR PERSON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In no event will the aggregate liability of COMPUTAS and its suppliers (whether in contract, warranty, tort, product liability or other theory) arising out of this Agreement or the use or inability to use the Software exceed the compensation you paid to COMPUTAS for the Software. Some states do not allow limitations on how long an implied warranty lasts, so the above exclusion may not apply to you. Some states do not allow limitations of liability for incidental or consequential damages so the above limitation may not apply to you. This warranty gives you specific legal rights and you may also have other rights which vary from state to state. U.S. GOVERNMENT RESTRICTED RIGHTS If you are using the Software or Documentation on behalf of any unit or agency of the United States Government, the Government acknowledges that (a) the Software and Documentation constitutes "commercial computer software" or "commercial computer software documentation" for purposes of 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-3, as applicable, and (b) the Government's rights are limited to those specifically granted to the licensee pursuant to this Agreement. Manufacturer is: COMPUTAS NA, Inc., 2721 226th Ave SE, Sammamish, WA 98029 The Software and Documentation is unpublished --all rights reserved under the copyright laws of the United States. MISCELLANEOUS You may not sublicense, assign or transfer the license or the Software or Documentation except as expressly provided in this Agreement. Any attempt otherwise to sublicense, assign or transfer any of the rights, duties or obligations here under is prohibited, and will automatically terminate your license and right to use the Software and Documentation. You will comply with all applicable export and re-export restrictions and regulations imposed by the United States government or any other governmental authority. This Agreement will be governed by the laws of the State of Washington without reference to its choice of law principles. The provisions of the 1980 U.N. Convention on Contracts for the International Sale of Goods shall not apply. YOU ACKNOWLEDGE THAT YOU HAVE READ THIS LICENSE 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 AND THAT IT SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN US OR BETWEEN YOU AND ANY COMPUTAS DEALER OR DISTRIBUTOR RELATING TO THE SUBJECT MATTER OF THIS LICENSE AGREEMENT. THE ACCEPTANCE OF ANY PURCHASE ORDER PLACED BY YOU IS EXPRESSLY MADE CONDITIONAL ON YOUR ASSENT TO THE TERMS SET FORTH HEREIN, AND NOT THOSE IN YOUR PURCHASE ORDER. COPYRIGHT METIS Model Browser Version 3.0.1 Copyright © 1999-2000 COMPUTAS AS. All rights reserved. Warning: This computer program is protected by copyright law and international treaties. Unauthorized reproduction or distribution of this program, or any portion of it, may result in severe civil and criminal penalties and will be prosecuted to the maximum extent possible under the law.