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EULA - End User License Agreement

LARSON SOFTWARE TECHNOLOGY
Evaluation Software License Agreement

Subject to the provisions contained herein, LST hereby grants to you a non-exclusive license to use its proprietary computer software products ('Software') contained in this package.

LICENSE TERM AND CHARGES The term of this license(s) commences upon delivery
of the Software to you and shall automatically terminate fourteen (14) days (or such longer period as authorized by LST after you commence using the Software, all Software and Documentation and all copies thereof, must be destroyed. To distribute the Control or Library with your application, you must execute a Developers License Agreement.

TITLE Title, and ownership rights, and the intellectual property rights in and to the Software and Documentation, shall remain in LST. The Software is provided for your internal use under this license. This license does not include the right to sublicense and is personal to you and therefore many not be assigned (by operation of law or otherwise) or transferred without prior written consent of LST. You acknowledge that the Software in source code form remains a confidential trade secret of LST and therefore you agree not to attempt to decipher or decompile the Software or develop source code for the Software or knowingly allow others to do so.

UPDATES This license does not grant you any right, license or interest in and to any improvements, modifications, enhancements or updated to the Software or Documentation. Updated, if available, may be obtained by you at LST's then current standard pricing, terms and conditions. If the media inside the package is an update, then the Documentation provided may be limited in scope and a new password(s) may or may not be required or supplied by LST.

LIMITED WARRANTY LST warrants that for a period of thirty (30) days from the date of license purchase, the Software, if operated as directed, will substantially achieve the functionality described in the Documentation. LST does not warrant, however, that your use of the Software will be uninterrupted or that the operation of the Software will be error-free. LST also warrants that the media containing the Software, if provided by LST, is free from defects in material and workmanship and will so remain for thirty (30) days
from the date you purchased a license to it. LST's sole and exclusive obligation and liability for any breach of the warranty shall be, in LST's sole discretion: (i) to replace or correct your defective media so that it will conform to the above warranty shall be; (ii) to advise you now to achieve substantially the same functionality with the Software as described in the Documentation through a procedure different from that set forth in the
Documentation. Only if you inform LST of your problem with the Software during the applicable warranty period will LST be obligated to honor this warranty. You must contact LST by telephone, email, fax or letter to inform LST of the problem. THIS IS A LIMITED WARRANTY AND IT IS THE ONLY WARRANTY MADE BY LST. LST MAKES NO OTHER EXPRESS OR IMPLIED WARRANTY AND EXPRESSLY DISCLAIMS ALL WARRANTIED OR MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NO LST DEALER, AGENT OR EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS OR ADDITIONS TO THIS WARRANTY. If any modifications are made to the Software Agreement, then this warranty shall immediately be terminated. This warranty shall not apply if the Software is used on or in conjunction with hardware or programs other than the unmodified version of hardware and programs with which the Software was designed to be used as described in the Documentation. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY BY STATE OR JURISDICTION.

LIMITATION OF LIABILITY Your Sole and exclusive remedies for any damage or loss in any way connected with the Software, whether by LST's breach of any express or implied warrant, negligence or breach of any other duty, shall be, at LST's option, repair or replacement of the Software. Under no circumstances and under no legal theory, tort, contract or otherwise, shall LST be liable to you or any other person for any indirect, special, incidental or consequential damages of any character including, without limitation, damages for loss of goodwill, work stoppage, computer failure or malfunction, or any and all other commercial damages or losses, or for any damages in excess of LST's list price for a license to the Software and Documentation, even if LST shall have been informed of the possibility of such damages, or for any claim by any other
party. LST's third party program suppliers make no warranty and have not
liability whatsoever, to you.

SOME STATES AND JURISDICTIONS DO NOT ALLOW THE ABOVE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.

TERMINATION Either party may terminate this Agreement immediately in the event of default by the other party. Upon any termination of this Agreement, you shall immediately discontinue the use of the Software and shall within ten (10) days return to LST all copies of the Software and Documentation. You may also terminate this Agreement at any time by destroying the Software and Documentation and all copied thereof. Your obligations to pay accrued charges and fees shall survive any termination of this Agreement.

MISCELLANEOUS This Agreement represents the complete and exclusive statement
of the agreements concerning this license between the parties and supersedes all prior agreements and representations between them. It may be amended only in writing and executed by both parties. THE ACCEPTANCE OF ANY PURCHASE ORDER PLACED BY YOU FOR THE SOFTWARE AND/OR DOCUMENTATION IS EXPRESSLY MADE CONDITIONAL ON YOUR ASSENT TO THE TERMS AND CONDITIONS SET FORTH HEREIN. LST AGREES TO FURNISH THE SOFTWARE AND DOCUMENTATION ONLY UPON THESE TERMS AND
CONDITIONS AND NOT THOSE CONTAINED IN YOUR PURCHASE ORDER. If any provision of this Agreement is held to be ineffective, unenforceable or illegal under
certain circumstances for any reason, such decision shall not affect the validity or enforceability (i) of such provision under other circumstances or (ii) of the remaining provisions hereof under all circumstances and such provision shall be reformed to any only to the extent necessary to make it effective, enforceable and legal under such circumstances. All headings are solely for convenience and shall not be considered in interpreting this Agreement. This Agreement shall be governed by and construed under Texas Law as such law applies to agreements between Texas Residents entered into and to be performed entirely within Texas, except as required by U.S. Government Rules
and Regulations to be governed by Federal Law.

Copyright © 2000 - 2013 Larson Software Technology, Inc.