Tritera Incorporated Software License Agreement for BuildSim Copyright 1993 - 2005,Tritera Incorporated PLEASE READ THIS LICENSE CAREFULLY BEFORE DOWNLOADING OR USING THE SOFTWARE. BY DOWNLOADING AND/OR USING THE SOFTWARE, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, YOU ARE NOT AUTHORIZED TO DOWNLOAD OR USE THIS SOFTWARE. 1. License. The application, demonstration, system and other software accompanying this License, whether on disk, in read only memory, or on any other media or internet or any network(the "Tritera Incorporated Software") and the related documentation are licensed to you by Tritera Incorporated. Tritera Incorporated and/or it's Licensor(s) retain title to the Tritera Incorporated Software, and related documentation. This License allows you to use the Tritera Incorporated Software on a single computer and make one copy of the Tritera Incorporated Software in machine-readable form for backup purposes only. You must reproduce on such copy the Tritera Incorporated copyright notice and any other proprietary legends that were on the original copy of the Tritera Incorporated Software. You may also transfer all your license rights in the Tritera Incorporated Software, the backup copy of the Tritera Incorporated Software, the related documentation and a copy of this License to another party, provided the other party reads and agrees to accept the terms and conditions of this License. 2. Restrictions. The Tritera Incorporated Software contains copyrighted material, trade secrets and other proprietary material and in order to protect them you may not decompile, reverse engineer, disassemble or otherwise reduce the Tritera Incorporated Software to a human-perceivable form. You may not modify, network, rent, lease, loan, distribute or create derivative works based upon the Tritera Incorporated Software in whole or in part. You may not electronically transmit the Tritera Incorporated Software from one computer to another or over a network. You may not attempt to ascertain, reverse engineer, or decompile the security licensing measures used to enable features of the application. 3. Termination. This License is effective until terminated. You may terminate this License at any time by destroying the Tritera Incorporated Software, related documentation and all copies thereof. This License will terminate immediately without notice from Tritera Incorporated if you fail to comply with any provision of this License. Upon termination you must destroy the Tritera Incorporated Software, related documentation and all copies thereof. 4. Export Law Assurances. You agree and certify that neither the Tritera Incorporated Software nor any other technical data received from Tritera Incorporated, nor the direct product thereof, will be exported outside the United States except as authorized and as permitted by the laws and regulations of the United States. If the Tritera Incorporated Software has been rightfully obtained by you outside of the United States, you agree that you will not re-export the Tritera Incorporated Software nor any other technical data received from Tritera Incorporated, nor the direct product thereof, except as permitted by the laws and regulations of the United States and the laws and regulations of the jurisdiction in which you obtained the Tritera Incorporated Software. 5. Government End Users. If you are acquiring the Tritera Incorporated Software and fonts on behalf of any unit or agency of the United States Government, the following provisions apply. The Government agrees: (i) if the Tritera Incorporated Software are supplied to the Department of Defense (DoD), the Tritera Incorporated Software are classified as "Commercial Computer Software" and the Government is acquiring only "restricted rights" in the Tritera Incorporated Software and its documentation as that term is defined in Clause 252.227-7013(c)(1) of the DFARS; and (ii) if the Tritera Incorporated Software are supplied to any unit or agency of t United States Government other than DoD, the Government's rights in the Tritera Incorporated Software, its documentation and fonts will be as defined in Clause 52.227-19(c)(2) of the FAR or, in the case of NASA, in Clause 18-52.227-86(d) of the NASA Supplement to the FAR. 6. Disclaimer of Warranty on Tritera Incorporated Software. You expressly acknowledge and agree that use of the Tritera Incorporated Software is at your sole risk. The Tritera Incorporated Software and related documentation are provided AS IS and without warranty of any kind and Tritera Incorporated and it's Licensor(s) (for the purposes of provisions 6 and 7, Tritera Incorporated and it's Licensor(s) shall be collectively referred to as "Tritera Incorporated") EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Tritera Incorporated DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE Tritera Incorporated SOFTWARE WILL MEET YOUR REQUIREMENTS,OR THAT THE OPERATION OF THE Tritera Incorporated SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE Tritera Incorporated SOFTWARE WILL BE CORRECTED. FURTHERMORE, Tritera Incorporated DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE Tritera Incorporated SOFTWARE OR RELATED DOCUMENTATION IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY Tritera Incorporated OR AN Tritera Incorporated AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. SHOULD THE Tritera Incorporated SOFTWARE PROVE DEFECTIVE, YOU (AND NOT Tritera Incorporated OR A Tritera Incorporated AUTHORIZED REPRESENTATIVE) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. 7. Limitation of Liability. UNDER NO CIRCUMSTANCES INCLUDING NEGLIGENCE, SHALL Tritera Incorporated BE LIABLE FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OR INABILITY TO USE THE Tritera Incorporated SOFTWARE OR RELATED DOCUMENTATION, EVEN IF Tritera Incorporated OR A Tritera Incorporated AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. In no event shall Tritera Incorporated total liability to you for all damages, losses, and causes of action (whether in contract, tort (including negligence) or otherwise) exceed the amount paid by you for the Tritera Incorporated Software. 8. Controlling Law and Severability. This License shall be governed by and construed in accordance with the laws of the United States and the State of California, as applied to agreements entered into and to be performed entirely within California between California residents. If for any reason a court of competent jurisdiction finds any provision of this License, or portion thereof, to be unenforceable, that provision of the License shall be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of this License shall continue in full force and effect. 9. Complete Agreement. This License constitutes the entire agreement between the parties with respect to the use of the Software, related documentation and fonts, and supersedes all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. No amendment to or modification of this License will be binding unless in writing and signed by a duly authorized representative of Tritera Incorporated.