Integrated Design Solutions License Agreement for Integrated Blocks & Layers BY CLICKING ON THE ACCEPTANCE BUTTON OR INSTALLING THE SOFTWARE YOU ARE CONSENTING TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS, CLICK THE “NO” BUTTON TO INDICATE YOU DO NOT ACCEPT THE TERMS AND DO NOT INSTALL THE SOFTWARE. If you have purchased the software and do not accept the license agreement, you should promptly return the software and you will receive a refund of your money. 1. License to Use Integrated Design Solutions grants you (either an individual or a single entity) a limited, nonexclusive, nontransferable license to install and use Integrated Blocks & Layers on any computer so long as no more persons use the software than the number of licenses purchased by you. As used herein, persons means either: (i) you, or (ii) any employee or agent of the company purchasing the software. a. If you purchased a User License, Integrated Design Solutions grants to you the right to use this copy of Integrated Blocks & Layers on a single computer (i.e., with a single CPU). You may not network the software or otherwise use it on more than one computer or terminal at the same time. b. The software is licensed as a single product, and the software programs comprising the software may not be separated for use by more than one user. c. You may transfer a license from one User to another within the same company, as long as only one copy of the software is installed on any one machine, at any givin time, for that User license. Allowing multiple individuals to share a User’s License, or attempts to disable or circumvent any of the licensing mechanisms with the software each constitute a material breach of this Agreement. d. Software provided for evaluation purposes or as a beta release will become non-functional at the end of thirty (30) days following receipt of your license key. Integrated Design Solutions disclaims all liability and responsibility for any loss of data or other information which may occur as a result thereof. If you have not purchased a User license prior to expiration of the evaluation or beta license, you agree to destroy all copies of the Integrated Blocks & Layers Software and documentation. 2. Other Rights and Limitations a. No Reverse Engineering: You agree not to reverse engineer, disassemble or decompile the software. 3. Technical Support. Integrated Design Solutions will provide you support on installing the software for 30 days from receipt of your software key at no charge by e-mail only. 4. Ownership and Right to Transfer You agree that you have no right, title and interest in and to the software or any copyright or other intellectual property rights therein, other than the rights to use and redistribute as granted by this Agreement and ownership of the physical media. You may transfer Integrated Blocks & Layers with a copy of this Agreement to another party only on a permanent basis and only if the other party accepts the terms and conditions of this Agreement. Upon such transfer, you must transfer all accompanying written materials, and either transfer or destroy all copies of the Software. 5. Termination This Agreement will immediately and automatically terminate without notice if you fail to comply with any term or condition of this Agreement. You agree upon termination to promptly destroy the software, together with all of its component parts, prior and replacement versions, and all copies, modifications and merged portions thereof in any form. 6. DISCLAIMER OF WARRANTIES AND LIABILITY Integrated Design Solutions warrants for a period of 90 days from your receipt of the software that the software will perform substantially in accordance with the accompanying written materials. Integrated Design Solutions’ entire liability and your exclusive remedy shall be, at their option, either to repair or replace the software or to return the purchase price paid, if any, for such software. IN NO EVENT SHALL Integrated Design Solutions BE LIABLE FOR ANY DIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES OF ANY KIND (INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS OR DATA). 10. Miscellaneous a. Entire Agreement. This Agreement constitutes the entire Agreement between the parties pertaining to the software, and supersedes any and all prior agreements, whether written or oral between Integrated Design Solutions and you pertaining to the software. Any terms and conditions of any purchase order or other instrument issued by you in connection with the software which are in addition to, inconsistent with or different from the terms and conditions of this Agreement will be of no force or effect. b. Governing Law. This Agreement shall be governed by California law without regard to the conflict of law provision therein. c. Cost of Litigation. If any action is brought by either party to this Agreement against the other party regarding the subject matter hereof, the prevailing party shall be entitled to recover, in addition to other relief granted, reasonable attorneys’ fees and expense of litigation. d. Government Use. The software provided under this Agreement is commercial computer software developed exclusively at private expense, and in all respects is proprietary software belonging to Integrated Design Solutions. (a) Department of Defense End users. (1) If the software is acquired by or on behalf of agencies or units of the Department of Defense (DoD), then, pursuant to DoD FAR Supplement Section 227.7202 and its successors (48 C.F.R. 227.7202) the Government’s right to use, reproduce or disclose the software acquired under this Agreement is subject to the restrictions of this Agreement. (b) Civilian Agency End Users. (1) If the software is acquired by or on behalf of civilian agencies of the U.S. Government, then, pursuant to FAR Section 12.212 and its successors (48 C.F.R. 12.212), the Government’s right to use, reproduce or disclose the software acquired under this Agreement is subject to the restrictions of this Agreement. Should you have any questions regarding this License Agreement, or if you desire to contact Integrated Design Solutions for any reason, please forward inquiries by email to dsgnsolution@earthlink.net.