Lineasoft Sagl (Switzerland) End-User license agreement for the software product: eQuercus Pro. LICENSE AGREEMENT IMPORTANT - READ CAREFULLY BEFORE PROCEEDING: This End-User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and Lineasoft Sagl ("Lineasoft"), Switzerland, for the Lineasoft software product identified above, which includes computer software and may include associated media, printed materials, and "online" or electronic documentation ("Software"). By installing, copying, or otherwise using any version of the Software, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, do not install, register or use the Software. The Software is licensed, not sold. GRANT OF LICENSE (a) Lineasoft grants you a non-exclusive license to install one copy of the Software on one computer hardware. (b) Lineasoft further grants you a license to make only one copy of the Software solely for archival purposes. Any such copy shall also reproduce all copyright and intellectual property rights notices. (c) You may modify the source code (script) and the database for their own personal use, but all copyright headers must remain intact. RESTRICTION (a) You may not copy, translate, port, modify or make derivative works of the Software for sale or distribution. (b) You may not rent, disclose, publish, sell, assign, lease, sublicense, market, or use the Software in any manner not expressly authorized by this Agreement. (c) You may not alter, remove or cover proprietary notices in or on the Software, or storage media; or use the Software in any unlawful manner whatsoever. COPYRIGHT Title, ownership rights, and intellectual property rights in the Software shall remain in Lineasoft. You acknowledge such ownership and intellectual property rights and you will not take any action to jeopardize, limit or interfere in any manner with Lineasoft ownership of or rights with respect to the Software. The Software is protected by copyright and other intellectual property laws and by international treaties. LIMITED WARRANTY AND DISCLAIMER (a) LIMITED WARRANTY. Lineasoft warrants that, for a period of ninety (90) days from the date of delivery (as evidenced by a copy of your receipt), when used with a recommended hardware configuration, the Software will perform in substantial conformance with the documentation supplied with the Software. (b) NO OTHER WARRANTY. EXCEPT AS SET FORTH IN THE FOREGOING LIMITED WARRANTY, LINEASOFT AND ITS SUPPLIERS DISCLAIM ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, OR OTHERWISE INCLUDING THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ALSO, THERE IS NO WARRANTY OF NONINFRINGEMENT, TITLE OR QUIET ENJOYMENT. IF APPLICABLE LAW IMPLIES ANY WARRANTIES WITH RESPECT TO THE SOFTWARE, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF DELIVERY. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY LINEASOFT, ITS DEALERS, DISTRIBUTORS, AGENTS OR EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. (c) SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE. EXCLUSIVE REMEDY Your exclusive remedy is to return the Software to the place you acquired it, with a copy of your receipt and a description of the problem. Lineasoft will use reasonable commercial efforts to supply you with a replacement copy of the Software that substantially conforms to the documentation, provide a replacement for defective media, or refund to you your purchase price for the Software, at its option. Lineasoft shall have no responsibility if the Software has been altered in any way, if the media has been damaged by accident, abuse or misapplication, or if the failure arises out of use of the Software with other than a recommended hardware configuration. LIMITATION OF LIABILITY (a) NEITHER LINEASOFT NOR ITS SUPPLIERS SHALL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, BUSINESS, INTERRUPTION OR THE LIKE), ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE OR THIS EULA BASED ON ANY THEORY OF LIABILITY INCLUDING BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF LINEASOFT OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. (b) LINEASOFT' TOTAL LIABILITY TO YOU FOR ACTUAL DAMAGES FOR ANY CAUSE WHATSOEVER WILL BE LIMITED TO THE GREATER OF CHF 5.- SWISS FRANCS OR THE AMOUNT PAID BY YOU FOR THE SOFTWARE THAT CAUSED SUCH DAMAGE. (c) SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OF CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE. HIGH RISK ACTIVITIES. The Software is not fault-tolerant and is not designed, manufactured or intended for use or resale as on-line control equipment in hazardous environments requiring fail-safe performance, such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines, or weapons systems, in which the failure of the Software could lead directly to death, personal injury, or severe physical or environmental damage ("High Risk Activities"). Lineasoft and its suppliers specifically disclaim any express or implied warranty of fitness for High Risk Activities. TERMINATION This EULA is effective until terminated. You may terminate this EULA at any time by destroying all copies of the Software. This EULA will terminate immediately without notice if you fail to comply with any provision of this EULA. Lineasoft may terminate this EULA any time by issuing notice of termination. Upon termination, you must destroy all copies of the Software. COMPLETE AGREEMENT This EULA constitutes the entire agreement between the parties with respect to the use of the Software and supersedes all prior or contemporaneous understandings regarding such subject matter. No amendment to or modification of this license will be binding unless in writing and signed by Lineasoft. GOVERNING LAW AND SEVERABILITY This EULA will be governed by and construed in accordance with swiss law and both parties submit to the exclusive jurisdiction of the Court of the Canton of Ticino, Switzerland. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of this EULA shall continue in full force and effect.