Micro Computer Control (MCC) End User License Agreement (EULA) NOTICE TO USER: THIS IS A CONTRACT. BY INSTALLING THIS SOFTWARE YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT. This MCC End User License Agreement covers MCC's software products and related explanatory materials ("Software"). The term "Software" also shall include any upgrades, modified versions or updates of the Software licensed to you by MCC. Please read this Agreement carefully. Upon your acceptance of this Agreement, MCC grants to you a nonexclusive license to use the Software, provided that you agree to the following: 1. Use of the Software. You may install the Software on a hard disk or other storage device; install and use the Software on a file server for use on a network for the purposes of (i) permanent installation onto hard disks or other storage devices or (ii) use of the Software over such network; and make backup copies of the Software. 2. Distribution of Software. You may make and distribute unlimited copies of the Software, including copies for commercial distribution, as long as each copy that you make and distribute contains this Agreement, and the same copyright and other proprietary notices pertaining to this Software that appear in the Software. If you download the Software from the Internet or similar on-line source, you must include the MCC copyright notice for the Software with any on-line distribution and on any media you distribute that includes the Software. 3. Ownership of Software. This Software is owned by MCC or its suppliers and is protected by copyright law and international copyright treaty. Therefore, you must treat this Software like any other copyrighted material (e.g., a book), except that you may make and distribute copies of the Software as defined in "Distribution of Software", above. 4. Export Restrictions This Software is subject to U.S. Commerce Department export restrictions, and is intended for use in the country into which MCC distributed it (or in the EEC, if distributed into the EEC). 5. Termination Violation of any of the above provisions automatically terminates this license. Upon termination of this license, you agree to stop any distribution of the Software, and destroy all copies of the Software in your possession. Life Support Applications MCC Products are not designed for use in life support appliances, devices, or systems where the malfunction of a MCC Product can reasonably be expected to result in a personal injury. High Risk Activities The Software is not fault-tolerant and is not designed, manufactured or intended for use or resale as on-line control equipment in hazardous environments requiring fail-safe performance, such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines, or weapons systems, in which the failure of the Software could lead directly to death, personal injury, or severe physical or environmental damage ("High Risk Activities"). MCC and its suppliers specifically disclaim any express or implied warranty of fitness for High Risk Activities. Limited Warranty MCC warrants, as the sole warranty, that any disks on which the Software is furnished will be free of defects in materials and workmanship under normal use and conditions for a period of thirty (30) days from the date received. No distributor, dealer, or any other entity or person is authorized to expand or alter this Agreement. MCC does not warrant that the functions contained in the Software will be uninterrupted or error-free. Except as stated above in this paragraph, the Software is provided as is without warranty of any kind either expressed or implied, included but not limited to the implied warranties of merchantability and fitness for a particular purpose. You assume entire risk as it applies to the quality and performance of the Software. Should the Software prove defective, the Purchaser (and not MCC, authorized MCC distributors, or dealers) assume the entire cost of all necessary servicing, repair or correction. Limitation of Remedies and Damages MCC's entire liability and remedy will be the replacement of any disks not meeting MCC "Limited Warranty" explained above. In no event will MCC be liable for any damages direct, indirect, incidental, or consequential, including damages for lost profits, lost savings, or other incidental or consequential danage arising out of the use or inability to use such Software, even if MCC has been advised of the possibility of such damages or for any claim by any other party. In no event will MCC's liability of damages to the you or any other person ever exceed the amount of the license fee you paid to use the Software regardless of the form of the claim. U.S. GOVERNMENT RESTRICTED RIGHTS The Software and documentation are provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the Government is subject to restrictions as set forth in subparagraphs (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software- Restricted Rights at 48 CFR 52.227-19, as applicable. Manufacturer is Micro Computer Control Corporation, PO Box 275, Hopewell, New Jersey 08525. GENERAL PROVISIONS This license may only be modified in writing signed by you and an authorized officer of MCC. If any provision of this statement is found void or unenforceable, the remainder will remain valid and enforceable according to its terms. If any remedy provided is determined to have failed for its essential purpose, all limitations of liability and exclusions of damages set forth in the Limited Warranty shall remain in effect. This Agreement is governed by the laws of the State of New Jersey USA (except USA federal law governs copyrights and registered trademarks.) If any provision of this Agreement is deemed invalid by any court having jurisdiction, that particular provision will be deemed deleted and will not affect the validity of any other provision of this Agreement. MCC reserves all rights not specifically granted in this statement.