ASH TECHNOLOGIES END-USER LICENSE AGREEMENT

IMPORTANT - READ CAREFULLY: This Ash Technologies Ltd End-User License Agreement ('EULA') is a legal agreement between you (either an individual or a single entity) and Ash Technologies Ltd for Ash Technologies Ltd software which includes any associated software components, any media, and any 'online' or electronic documentation. By installing, copying, or otherwise using 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 or use the software.

1. The software is licensed for use, not sold. There is therefore no transfer of any rights of ownership.

2. GRANT OF LICENSE.

(a) Licensed Copy. After you have purchased the license for this software you are licensed to copy the software only into the memory of the number of computers corresponding to the number of licenses purchased. You may not duplicate the licensed software in whole or in part, except that you may make one copy of the software for backup or archival purposes. You may terminate this license at any time by destroying the original and all copies of the software in whatever form. You may not transfer any of your rights under this EULA. Any purchased license for using this software will cease immediately upon the termination of any period of validity stated upon purchase of such license, and any further use will be subject to Evaluation Copy terms.

(b) Evaluation Copy. You may use the demonstration software from the day that you install the software without charge on an evaluation basis until any date of expiry of the software published within the software and with the software at the time of receipt, and subject to any evaluation restrictions in the performance of the software. If you continue to use the software after any date of expiry of the software without paying the license fee you will be using the software on an unlicensed basis.

(c) Redistribution of Evaluation Copy. If you are using software on an evaluation basis you may make copies of the evaluation software as you wish; give exact copies of the original evaluation software to anyone; and distribute the evaluation software in its unmodified form via electronic means. You may not charge any fee for the copy or use of the evaluation software itself, but you may charge a distribution fee that is reasonably related to any cost you incur distributing the evaluation software (e.g. packaging). You must not represent in any way that you are selling the software itself. Your distribution of the evaluation software will not entitle you to any compensation from Ash Technologies Ltd. You must distribute a copy of this EULA with any copy of the software and anyone to whom you distribute the software is subject to this EULA.

3. RESTRICTIONS. You may not reverse engineer, de-compile, or disassemble the software, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation. You may not rent, lease, or lend the software. You may permanently transfer all of your rights under this EULA, provided the recipient agrees to the terms of this EULA. You may not use the software to perform any unauthorized transfer of information (e.g. transfer of files in violation of a copyright) or for any illegal purpose.

4. SUPPORT SERVICES. Ash Technologies Ltd may provide you with support services related to the software. Use of support services is governed by the Ash Technologies Ltd policies and programs described in online documentation, and/or other Ash Technologies Ltd provided materials, as they may be modified from time to time. Any supplemental software code provided to you as part of the support services shall be considered part of the software and subject to the terms and conditions of this EULA. With respect to technical information you provide to Ash Technologies Ltd as part of the support services, Ash Technologies Ltd may use such information for its business purposes, including for product support and development. Ash Technologies Ltd will not utilise such technical information in a form that personally identifies you.

5. TERMINATION. Without prejudice to any other rights, Ash Technologies Ltd may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must destroy all copies of the software.

6. COPYRIGHT. The software is protected by United Kingdom and International copyright law and international treaty provisions. You acknowledge that no title to the intellectual property in the software is transferred to you. You further acknowledge that title and full ownership rights to the software will remain the exclusive property of Ash Technologies Ltd and you will not acquire any rights to the software except as expressly set forth in this license. You agree that any copies of the software will contain the same proprietary notices which appear on and in the software.

7. EXPORT RESTRICTIONS. You agree that you will not export or re-export the software to any country, person, entity, or end user subject to United Kingdom export restrictions. You warrant and represent that the United Kingdom authorities have not suspended, revoked or denied your export privileges.

8. NO WARRANTIES. Ash Technologies Ltd expressly disclaims any warranty for the software including any programming errors which have not been corrected after testing. THE SOFTWARE AND ANY RELATED DOCUMENTATION IS PROVIDED 'AS IS' WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE SOFTWARE REMAINS WITH YOU. NO WARRANTY FOR UPGRADES, PATCHES, FIXES, NEW OR REVISED VERSIONS IS OFFERED, although Ash Technologies Ltd may offer FREE OF CHARGE upgrades or revised versions of the software from time to time or upon request entirely at the discretion of Ash Technologies Ltd.

9. LIMITATION OF LIABILITY. IN NO EVENT SHALL ASH TECHNOLOGIES LTD OR ITS SUPPLIERS BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR INDIRECT DAMAGES OF ANY KIND ARISING OUT OF THE DELIVERY, PERFORMANCE, USE OR MISUSE OF THE SOFTWARE, EVEN IF ASH TECHNOLOGIES LTD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY EVENT, ASH TECHNOLOGIES’ LIABILITY FOR ANY CLAIM, WHETHER IN CONTRACT, TORT, OR ANY OTHER THEORY OF LIABILITY WILL NOT EXCEED THE GREATER OF GBP1.00 OR THE LICENSE FEE PAID BY YOU. In addition this software must be thoroughly tested by the user with non-critical data before relying on it, and the user should be fully conversant with the program or software and the result of using it. In particular a backup of all critical, important or in any way valuable data should be made BEFORE and retained separately AFTER using any program or software which may in any way interfere with, damage, delete or in any other way change or modify the data. The user must assume the entire risk of using the program or software.

10. NATIONAL GOVERNMENT RESTRICTED RIGHTS. The software is provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by a Government may be subject to restrictions as set forth by that Government. Manufacturer is Ash Technologies Ltd, 3 Orchard Way, Bicester, Oxon, OX26 2EL, UK.

11. APPLICABLE LAW. This EULA is governed by the laws of England, UK.

Should you have any questions regarding this EULA please contact Ash Technologies Ltd by mail at Ash Technologies Ltd, 3 Orchard Way, Bicester, Oxon, OX26 2EL, UK, or by visiting http://ash-technologies.com