License Agreement

SOFTWARE PRODUCT LICENSE AGREEMENT This License Agreement (the "Agreement") is a legal agreement between you (an individual or an entity) and Visualware Inc. for some or all of the software products identified below (each, a SOFTWARE PRODUCT), which includes computer software and electronic documentation. You should carefully read the following terms and conditions before using the SOFTWARE PRODUCT. The SOFTWARE PRODUCT is licensed, not sold. The SOFTWARE PRODUCT is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. By installing, copying, or otherwise using the SOFTWARE PRODUCT, you are agreeing to be bound by the terms of this Agreement. If you do not agree to all of the terms of this Agreement, you are not authorized to use the SOFTWARE PRODUCT. 1. GRANT OF LICENSE. Visualware grants you the non-exclusive right to install and use the licensed SOFTWARE PRODUCT identified in this paragraph, as follows: VisualRoute Personal Edition: Install and use the software on a number of computers equal to the number of user licenses purchased, such software to be accessed only from the physical computer on which the software was loaded. VisualRoute Advanced Edition: Install and use the software on a number of computers equal to the number of user licenses purchased, such software to be accessed only from the physical computer on which the software was loaded. VisualRoute Business Edition: Install and use the software on a number of computers equal to the number of user licenses purchased, each user license includes a 1-user Server license that allows a single user remote access via a web browser. VisualRoute Support Edition: Install and use the software on a number of computers equal to the number of user licenses purchased, each user license includes a 1-user Reverse Trace Server license that enables the user to view VisualRoute reports from a single remote system at a time. VisualRoute Professional Support Edition: Install and use the software on a number of computers equal to the number of user licenses purchased, each user license includes a multi-use Reverse Trace Server license that enables the user to view multiple concurrent VisualRoute reports from remote locations. VisualRoute Server Edition: Install and use the software on a single server, with the software accessible by multiple users via a web browser, limited as follows: The permitted number of total users may not exceed the number of users that is specified in the license purchased. If you install the trialware version of the SOFTWARE PRODUCT, you must purchase a license to continue using the SOFTWARE PRODUCT after the 15-day trial period. This license is not transferable. 2. RESTRICTIONS. (A) You must comply with all applicable laws regarding the use of the SOFTWARE PRODUCT. (B) You may not reverse engineer, decompile, or disassemble the SOFTWARE PRODUCT. (C) You may not rent or lease the SOFTWARE PRODUCT. (D) You may not distribute copies of the activated SOFTWARE PRODUCT or license keys to third parties. (E) You may not exceed the scope of your licensed SOFTWARE PRODUCT. (F) You may not activate the SOFTWARE PRODUCT with a license key that you did not legally obtain. (G) You must properly pay for any SOFTWARE PRODUCT license keys used. (H) You may not use the private programming interfaces of the SOFTWARE PRODUCT. 3. AUDITING. You give your consent for Visualware to monitor SOFTWARE PRODUCT license key usage for the purpose of auditing compliance with the terms of this Agreement. 4. TERMINATION. Visualware may terminate this Agreement and disable the SOFTWARE PRODUCT for any length of time, including in perpetuity, without prior notice if you fail to comply, or Visualware has reasonable belief that you failed to comply, with the terms and conditions of this Agreement. In such event, you must destroy all copies of the SOFTWARE PRODUCT. 5. NO WARRANTY. Any use of the SOFTWARE PRODUCT is at your own risk. To the maximum extent permitted by applicable law, Visualware and its owners, employees, agents, associates, affiliates, and suppliers disclaim all warranties and conditions, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and noninfringement. 6. NO LIABILITY FOR CONSEQUENTIAL DAMAGES. To the maximum extent permitted by applicable law, in no event shall Visualware or its owners, employees, agents, associates, affiliates, or suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the use of or inability to use the SOFTWARE PRODUCT (whether due to license termination or any other reason), even if Visualware has been advised of the possibility of such damages. 7. LIMITATION OF LIABILITY. Visualware's entire liability and your exclusive remedy under this Agreement shall not exceed your purchase price. 8. THIRD PARTY PRODUCT. If purchasing a third party product, the use of such third party product shall be governed by the third party's license agreement, which must be approved with first use of the product. 050411