PHASER Version 3.0 End User License Agreement Copyright 2003-2009 Phaser Scientific Software, LLC. * The following are the copyrights and redistribution conditions that * apply to this copy of the Phaser software. For a license to use, * redistribute or sell the Phaser software under conditions other than * those described here, please contact the authors at one of the following * addresses: * * Phaser Scientific Software, LLC. * http://www.phaser.com; info@phaser.com * * Company contact points: * * Jason Glick * Email: jason@phaser.com * * Huseyin Kocak * Email: hk@phaser.com * PLEASE READ THE TERMS CAREFULLY BEFORE INSTALLING THE SOFTWARE. BY INSTALLING THE SOFTWARE, LICENSEE ACKNOWLEDGES THAT LICENSEE HAS READ AND UNDERSTANDS THIS AGREEMENT AND AGREES TO BE BOUND BY ITS TERMS AND CONDITIONS. IF LICENSEE DOES NOT ACCEPT THESE LICENSE TERMS, THEN Phaser Scientific Software DOES NOT GRANT ANY LICENSE TO THE SOFTWARE, AND LICENSEE MUST NOT INSTALL THE SOFTWARE. 0. This software license is an individual user license. This license is valid for only a single user of the software installed on only one machine. Any variation of additional usage of the software, for example, by multiple users on one or more machines requires the acquisition of a site license. 1. Restrictions. Software is confidential copyrighted information of Phaser Scientific Software and title to all copies is retained by us and/or its licensors. Licensee shall not decompile, disassemble, decrypt, extract, or otherwise reverse engineer Software. Software may not be distributed, leased, assigned, or sublicensed, in whole or in part. Software is not designed or intended for use in on-line control of aircraft, air traffic, aircraft navigation or aircraft communications; or in the design, construction, operation or maintenance of any nuclear facility. Licensee warrants that it will not use or redistribute the Software for such purposes. 2. Disclaimer of Warranty. Software is provided "AS IS," without a warranty of any kind. ALL EXPRESS OR IMPLIED REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, ARE HEREBY EXCLUDED. 3. Limitation of Liability. Phaser Scientific Software AND ITS LICENSORS SHALL NOT BE LIABLE FOR ANY DAMAGES SUFFERED BY LICENSEE OR ANY THIRD PARTY AS A RESULT OF USING OR DISTRIBUTING SOFTWARE. IN NO EVENT WILL Phaser Scientific Software OR ITS LICENSORS BE LIABLE FOR ANY LOST REVENUE, PROFIT OR DATA, OR FOR DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT OF THE USE OF OR INABILITY TO USE SOFTWARE, EVEN IF Phaser Scientific Software HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 4. Termination. Licensee may terminate this Agreement at any time by destroying all copies of Software. This Agreement will terminate immediately without notice from Phaser Scientific Software if Licensee fails to comply with any provision of this Agreement. Upon such termination, Licensee must destroy all copies of Software in its possession. 5. Export Regulations. Software, including technical data, is subject to U.S. export control laws, including the U.S. Export Administration Act and its associated regulations, and may be subject to export or import regulations in other countries. Licensee agrees to comply strictly with all such regulations and acknowledges that it has the responsibility to obtain licenses to export, re-export, or import Software. Software may not be downloaded, or otherwise exported or re-exported (i) into, or to a national or resident of, Cuba, Iraq, Iran, North Korea, Libya, Sudan, Syria or any country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nations or the U.S. Commerce Department's Table of Denial Orders. 6. Restricted Rights. Use, duplication or disclosure by the United States government is subject to the restrictions as set forth in the Rights in Technical Data and Computer Software Clauses in DFARS 252.227-7013(c) (1) (ii) and FAR 52.227-19(c) (2) as applicable. 7. Governing Law. Any action related to this Agreement will be governed by Florida law and controlling U.S. federal law. No choice of law rules of any jurisdiction will apply. 8. Severability. If any of the above provisions are held to be in violation of applicable law, void, or unenforceable in any jurisdiction, then such provisions are herewith waived or amended to the extent necessary for the Agreement to be otherwise enforceable in such jurisdiction. However, if in Phaser Scientific Software's opinion, deletion or amendment of any provisions of the Agreement by operation of this paragraph unreasonably compromises the rights or increase the liabilities of Phaser Scientific Software or its licensors, Phaser Scientific Software reserves the right to terminate the Agreement. 9. Entire Agreement. This Agreement is the parties' entire agreement relating to the Software. It supersedes all prior or contemporaneous oral or written communications, proposals, warranties, and representations with respect to its subject matter, and following Licensee's acceptance of this license by clicking on the "Accept" Button, will prevail over any conflicting or additional terms of any quote, order, acknowledgment, or any other communications by or between the parties. No modification to this Agreement will be binding, unless in writing and signed by an authorized representative of each party.