PLEASE READ THIS AGREEMENT BEFORE OPENING THIS SOFTWARE PACKAGE. IF YOU OPEN THIS PACKAGE OR KEEP IT FOR MORE THAN THIRTY (30) DAYS, YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT OPEN THIS SOFTWARE PACKAGE. YOU MAY ONLY UNLOCK AND/OR USE THE SOFTWARE FOR WHICH YOU HAVE A PAID-UP LICENSE OR FOR WHICH YOU HAVE LEGALLY RECEIVED AN UNLOCK KEY. (1) DEFINITION OF TERMS "Documentation": any explanatory written or on-line material including, but not limited to, user guides, reference manuals and HTML files. "Licensee": shall refer to the individual licensee, whether as an individual programmer, company, or other organization. "Software": All material in this distribution including, but not limited to, one or more of the following: source code, object code, byte code, dynamic-link libraries, shared libraries, static libraries, header files, executables, scripts, sample programs, utility programs, makefiles and Documentation. "Licensed Software": the Software for which Licensee has paid the applicable license fee and received an authorized unlock key. "Software Application Programming Interface ("API")": the set of access methods, whether provided by Invariant Systems, third parties, or developed by Licensee, through which the programmatic services provided by the Licensed Software are made available. "End-User Software Product": an application developed by Licensee intended for execution on a computer, that makes use of the Licensed Software in its implementation. SPECIAL LIMITED TERM EVALUATION LICENSE If Licensee has been provided with a copy of the Software for evaluation purposes, Invariant Systems. grants to Licensee, subject to the terms of this Single User License Agreement (excluding Section 3, under which Licensee has no rights) a non-exclusive, non-transferable, non-concurrent limited internal use license for evaluation purposes only. This license is for a period of thirty (30) days, commencing upon receipt of the Software, or, if received electronically, from Licensee?s initial downloading date, to evaluate the Software. If the Software is acceptable, Licensee agrees to promptly notify his Invariant Systems Sales Representative. Otherwise, Licensee shall immediately cease any further use of the Software and destroy all copies of the Software (including the original) and related Documentation provided to Licensee by Invariant Systems. (2) GENERAL The Software is owned by Invariant Systems ("Invariant Systems") and is protected by U.S. copyright laws and other laws and by international treaties. It is intended for use by a software programmer who has experience using development tools and class libraries. (3) LICENSE GRANTS (a) Subject to the terms and conditions of this Agreement , Invariant Systems grants to Licensee the perpetual, non-exclusive, non-transferable, non-concurrent, world-wide license for one (1) user to (i) install the Licensed Software on a single personal computer and (ii) use the Licensed Software and one copy of the associated user documentation and online help. Licensee may also: (i)Make one backup copy of the Licensed Software solely for archival and disaster-recovery purposes, or (ii)Transfer the Licensed Software to a hard disk and keep the original copy solely for archival and disaster-recovery purposes. (Licensee has no rights to use the Licensed Software beyond those specifically granted in this section. (4) LICENSE RESTRICTIONS EXPORT CONTROLS: If the Software is for use outside the United States of America, Licensee agrees to comply with all relevant regulations of the United States Department of Commerce and with the United States Export Administration Act to insure that the Software is not exported in violation of United States law. Notwithstanding any provisions in this Agreement to the contrary, Licensee may not distribute any portion of the Software. In addition, Licensee˙ may not decompile, disassemble, or reverse engineer any object code form of any portion of the Software. (5) TITLE Licensee acknowledges and agrees that all right, title and interest in and to the Software, including all intellectual property rights therein, are the property of Invariant Systems, subject only to the licenses granted to Licensee under this Agreement. This Agreement is not a sale and does not transfer to the Licensee any title or ownership in or to the Software or any patent, copyright, trade secret, trade name, trademark or other proprietary or intellectual property rights related thereto. (6) NON-TRANSFERABILITY Licensee may not rent, transfer, assign, sublicense or grant any rights in the Software, in full or in part, to any other person or entity without Invariant Systems written consent, except that this agreement may be assigned to a successor of Licensee in the case that all or substantially all of the assets or equity of Licensee are acquired by the successor. (7) LIMITED WARRANTIES Invariant Systems warrants to Licensee that the Licensed Software will substantially perform the functions described in the Documentation for a period of thirty (30) days after the date of delivery of the Licensed Software to Licensee. Invariant Systems sole and exclusive obligation, and Licensee's sole and exclusive remedy, under this warranty is limited to Invariant Systems using reasonable efforts to correct material, documented, reproducible defects in the Licensed Software that Licensee describes and documents to Invariant Systems during the thirty (30) day warranty period. In the event that Invariant Systems fails to correct a material, documented, reproducible defect during this period, Invariant Systems may, at Invariant Systems discretion, replace the defective Licensed Software or refund to Licensee the amount that Licensee paid Invariant Systems for the defective Licensed Software and cancel this Agreement and the licenses granted herein. In such event, Licensee agrees to return to Invariant Systems all copies of the Licensed Software (including the original). Invariant Systems warrants that it owns the intellectual property contained in the Licensed Software and that the Licensed Software does not infringe any intellectual property or proprietary rights of any third party. Invariant Systems also warrants that the physical media on which the Licensed Software is delivered to Licensee (unless the Licensed Software is downloaded electronically by Licensee and no media is supplied by Invariant Systems) will be free from defects in manufacturing and workmanship for a period of thirty (30) days from the date of delivery. Invariant Systems will,at Invariant Systems?s expense, replace any defective media returned to Invariant Systems within thirty (30) days of the date of delivery of the media to Licensee. EXCEPT AS EXPRESSLY SET FORTH ABOVE, INVARIANT SYSTEMS EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES SO THE ABOVE EXCLUSION MAY NOT APPLY TO LICENSEE. THIS WARRANTY GIVES LICENSEE SPECIFIC LEGAL RIGHTS AND LICENSEE MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. (8) LIMITATION OF LIABILITY IN NO EVENT SHALL INVARIANT SYSTEMS BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS, REVENUES, DATA OR OTHER ECONOMIC ADVANTAGE) WHETHER BASED ON CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, EVEN IF INVARIANT SYSTEMS WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO LICENSEE. (9) TERMINATION Invariant Systems reserves the right, at its sole discretion, to terminate this Agreement upon written notice if Licensee has breached the terms and conditions hereof. Licensee to be provided written notification of breach and reasonable time to cure breach. Licensee may terminate this Agreement at any time by ceasing to use the Licensed Software and by destroying all copies of the Licensed Software (including the original). Sections 4, 5, 6, 7, 8, and 9 survive any termination of this agreement and apply fully to any termination. Unless terminated as provided herein by either party, this Agreement shall remain in effect. LICENSEE ACKNOWLEDGES THAT HE HAS READ THIS AGREEMENT, UNDERSTANDS IT AND AGREES TO BE BOUND BY ITS TERMS AND CONDITIONS. LICENSEE FURTHER AGREES THAT IT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN LICENSEE AND INVARIANT SYSTEMS WHICH SUPERSEDES ANY PROPOSAL OR PRIOR OR CONTEMPORANEOUS AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS RELATING TO THE SUBJECT MATTER OF˙ THIS AGREEMENT