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SOFTWARE LICENSE AGREEMENT Cognetic Systems, Inc. is willing to grant you a nonexclusive, non- transferable license to use this software, provided you agree to all the terms and conditions listed below. By downloading, installing, or using this software, you agree to accept all the terms and conditions set forth in this software license agreement. 1. DEFINITIONS The terms "us" and "we" refer to Cognetic Systems, Inc. The terms "you" and "your" refer to the person or organization who is using the software. "Software" means any machine-readable materials, including but not limited to, binary executables, documentation, libraries, software updates, bug fixes, code samples, query examples, and data included in the distribution. 2. The type of license being granted may be specified in any of the following ways: (1) on the download site: (2) on the media label; (3) inside the software; (4) in a grant letter from us. The license is limited to just one of the four types listed below: ENTERPRISE LICENSE This license grants you the right to run the software on one (1) CPU for any use including development, quality control, demonstration, and production. If an organization has multiple CPU's running the software under this license, then one enterprise license is required for each CPU. DEVELOPMENT LICENSE This license grants you the right to use the software for application development. One development license is required for each developer using the software. You may use the software for development on more than one computer, provided you are the only developer using each computer. The license does not grant you the right to use the software for quality control or production purposes. TRIAL LICENSE This license grants you the right to use the software for evaluation only on one (1) computer for a single 30-day trial period. Only one trial license is allowed per organization. You acknowledge that the trial version of the software contains a 30-day time-out mechanism and may cease functioning after that period has expired. Furthermore, you agree that you will not attempt to subvert the time-out mechanism or reuse the software after it has expired. BETA LICENSE This license grants you the right to use the software for testing and evaluation only. Beta software is prerelease software that contains defects and is not licensed for production use. Beta software may or may not contain a 30-day time-out mechanism. Furthermore, you agree that you will not attempt to subvert the time-out mechanism if present. 3. If you are using the software under an Enterprise or Development license, you agree to keep proof of license records for all installations. Additionally, you agree to allow us to inspect your license records should the need arise. Proof of license may consist of any of the following: (1) original software media for each license; (2) invoices for the software showing versions and amounts paid; and (3) license grant letters from us. 4. The software is owned by us, and its use is governed through this license agreement. As a result of licensing this product to you, we do not grant licenses to any of the copyrights, patents, or any other intellectual property rights for the information and technologies contained in the software. 5. The internal design of this product is trade secret and company confidential. No attempt should be made to recover this technology through reverse engineering. The product is also protected under U.S. and International Copyright Laws. 6. The user agrees to keep any performance and benchmarking data about the product confidential. Permission is required from us in writing to publish or make this information available to other parties. 7. SEVERABILITY - If any portion of this license is not enforceable, then the remainder of the license remains in effect. 8. TERM - This agreement remains in effect until terminated. The agreement may be terminated by destroying the software and its documentation. 9. COGNETIC SYSTEMS ASSUMES NO RESPONSIBILITY REGARDING THE ACCURACY OF THE INFORMATION CONTAINED IN THIS PRODUCT AND EXPRESSLY DISCLAIMS ANY LIABILITY FOR ERRORS OR OMISSIONS IN THE PRODUCT. THE USE OF THIS PRODUCT IS AT YOUR OWN RISK. 10. TO THE EXTENT NOT PROHIBITED BY LAW, COGNETIC SYSTEMS WILL NOT BE LIABLE TO ANY PARTY FOR DIRECT, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES FOR THE USE OF THIS PRODUCT OR USE OF THE INFORMATION IT CONTAINS, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR DATA ON YOUR COMPUTER SYSTEMS OR OTHERWISE, EVEN IF WE HAVE BEEN SPECIFICALLY ADVISED OF THE POSSIBILITY. 11. THE PRODUCT IS PROVIDED BY COGNETIC SYSTEMS ON A STRICTLY "AS IS" BASIS. COGNETIC SYSTEMS PROVIDES NO REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NONINFRINGEMENT, EXCEPT AS NOTED IN THE LIMITED WARRANTY. 12. LIMITED WARRANTY - We warrant the media on which the software is furnished to be free of defects under normal use for a period of 30 days from date of purchase, as evidenced by a purchase receipt. The software is offered on an "AS IS" basis. Your only remedy under this agreement and our entire liability is that at our option we will replace the media or refund your purchase price. 13. EXPORT - All Software and technical data delivered under this Agreement is subject to U.S. export control laws and may be subject to export or import regulations in other countries. You agree to comply strictly with all such laws and regulations and acknowledge that you have the responsibility to obtain such licenses to export, reexport, or import as may be required after delivery to you. You agree that the software or any product derived directly from the software will not be exported, directly or indirectly, for any purpose prohibited by these laws including nuclear, chemical, or biological weapons proliferation. 14. U.S. GOVERNMENT RESTRICTED RIGHTS - If the software is being acquired by or on behalf of the U.S. Government through a U.S. Government prime contractor or subcontractor, then the Government's rights in this Commercial Software Product and its accompanying documentation will be only as set forth in this agreement. This is in accordance with 48 CFR 227.7201 through 227.7202-4 for DOD acquisitions and with 48 CFR 2.101 and 12.212 for non-DOD acquisitions. 15. This agreement is governed by the laws of the State of Georgia and U.S. federal law. This Agreement is the entire agreement between you and Cognetic Systems, Inc. covering the software. It supersedes all prior or contemporaneous oral or written communications. Revised: 12/14/05