END USER LICENSE AGREEMENT IMPORTANT - READ CAREFULLY BEFORE INSTALLING AND USING THIS SOFTWARE. YOUR RIGHT TO USE OF THIS SOFTWARE IS GOVERNED BY THE FOLLOWING TERMS AND CONDITIONS (THE "AGREEMENT"). BY CLICKING THE "YES" BUTTON, YOU AGREE TO BE BOUND BY THE AGREEMENT. BY CLICKING ON THE "NO" BUTTON, YOU DECLINE THE AGREEMENT AND YOU WILL NOT BE PERMITTED TO USE THE SOFTWARE. 1. GENERAL DESCRIPTION. The software and associated documentation (collectively, the "Software") You ("You") are receiving from Modularis, Inc. ("We" or "Us") is a personal software tool used for development of software and to administer the run time environment for software developed using the tool. 2. SOFTWARE LICENSE. Subject to the terms of this Agreement, We hereby grant You a limited, non-exclusive, personal, non-transferable license to use the Software solely in the manner described in this Agreement. The license permits You to: 2.1 Use the Software solely at one location for Your internal business purposes; 2.2 Load the Software into one server's or one workstation's temporary memory (RAM) and/or install Software into permanent memory, e.g., hard disk, CD-ROM or other storage device, of a computer; 2.3 Make a reasonable number of backup copies of the Software for archival purposes, provided that You do not remove any of the original Software's proprietary notices and that such copies are only used for back-up purposes; and 2.4 Access the Software only by the number of workstations (seats) for which You are licensed. 3. SOFTWARE RESTRICTIONS. We retain all right, title, and interest in and to the Software. Any rights not expressly granted to You herein are reserved by Us. The Software is protected by U.S. copyright and/or patent laws and international treaty provisions and all other applicable national laws. You may not copy (except as set forth in Section 2.3, distribute, rent, lease, loan, modify, or create derivative works from, adapt, translate, perform, display, sublicense, or transfer the Software. WITHOUT LIMITING THE FOREGOING, EXCEPT AS OTHERWISE PROVIDED HEREIN, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. You may not reverse engineer, disassemble, or decompile the Software except to the extent that this restriction is expressly prohibited by applicable law. You acknowledge that the Software contains Our proprietary and confidential information. 4. SOFTWARE UPDATES AND UPGRADES. We may, from time to time, in our sole reasonable discretion, provide You with upgrades, enhancements, new releases, and new versions of the Software. You will have the right to use any such upgrades, enhancements, new releases, and new versions solely for the purposes of set forth in Section 2. 5. DISCLAIMERS OF WARRANTIES AND LIMITATION OF LIABILITY. EXCEPT AS PROVIDED IN THE APPLICABLE SOFTWARE LICENSE AGREEMENT UNDER WHICH THIS OBJECT CODE IS PROVIDED, YOU EXPRESSLY AGREE THAT YOU USE THE SOFTWARE AT YOUR SOLE RISK. WE PROVIDE THE SOFTWARE TO YOU ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, RESULTS, OR OTHERWISE. IN NO EVENT WILL WE, OUR DIRECTORS, OFFICERS, EMPLOYEES, OR AFFILIATES, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA OR BUSINESS INFORMATION AND THE LIKE), WHETHER IN AN ACTION BASED IN CONTRACT OR TORT, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE SOFTWARE. NOTWITHSTANDING THE FOREGOING, THE TOTAL AMOUNT OF OUR LIABILITY TO YOU WILL BE LIMITED TO THE AMOUNT YOU PAID FOR THE USE OF THE SOFTWARE. 6. EXPORT. You may not download, use or otherwise export or re-export the Software except in full compliance with all applicable laws and regulations. 7. RESTRICTED RIGHTS. If You are an agency, department, or other entity of the United States Government ("Government"), Your use, duplication, reproduction, release, modification, disclosure or transfer of the Software is subject to restrictions as set forth in subparagraph (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 Modularis Inc., 125 S. Wacker Drive, Suite 300, Chicago, Illinois 60606. 8. TERM AND TERMINATION. This Agreement will take effect when You click "I accept the terms in this license agreement" and begin using the Software. You may terminate this Agreement by deleting all copies of the Software You have. This Agreement and the license provided by Modularis will terminate automatically, without notice from Modularis, if You fail to comply with the limitations described herein and fail to remedy such non-compliance within thirty (30) days of notice of such non-compliance by Modularis. Upon termination of the license granted hereunder, You must destroy all copies of the Software and any related documentation. You acknowledge that Your rights under this Agreement may be derivative of a certain software license agreement between Us and Your employer or the legal entity for which You are performing work. In the event the license granted under such software license agreement is terminated for any reason, this Agreement, and any licenses or other rights granted to You hereunder, shall immediately terminate. 9. ENTIRE AGREEMENT/AMENDMENT. This Agreement contains the entire understanding between the parties with respect to Your use of the Software. 10. GENERAL. This Agreement is governed by the laws of the State of Illinois. If any provision of this Agreement is held to be invalid or unenforceable, such provision will be struck and the remaining provisions will be enforced. Our failure to act with respect to a breach by You or others does not waive our right to act with respect to subsequent or similar breaches. We will not be liable for any delay or failure to perform resulting directly or indirectly from any causes beyond our reasonable control. The provisions of Sections 3 and 5 through 10 will survive the termination or expiration of this Agreement. No waiver of any term of this Agreement will be valid unless in writing and acknowledged in writing by both parties. YOU REPRESENT AND ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND ITS TERMS, AND AGREE AND INTEND TO BE LEGALLY BOUND BY IT.