Valtira LLC Binary Code License Agreement READ THE TERMS OF THIS AGREEMENT AND ANY PROVIDED SUPPLEMENTAL LICENSE TERMS (COLLECTIVELY "AGREEMENT") CAREFULLY BEFORE OPENING THE SOFTWARE MEDIA PACKAGE. BY OPENING THE SOFTWARE MEDIA PACKAGE, YOU AGREE TO THE TERMS OF THIS AGREEMENT. IF YOU ARE ACCESSING THE SOFTWARE ELECTRONICALLY, INDICATE YOUR ACCEPTANCE OF THESE TERMS BY SELECTING THE "ACCEPT" BUTTON AT THE END OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL THESE TERMS, PROMPTLY RETURN THE UNUSED SOFTWARE TO YOUR PLACE OF PURCHASE FOR A REFUND OR, IF THE SOFTWARE IS ACCESSED ELECTRONICALLY, SELECT THE "DECLINE" BUTTON AT THE END OF THIS AGREEMENT. 1. LICENSE TO USE. Valtira grants you a non-exclusive and non-transferable license for the internal use only of the accompanying software and documentation and any error corrections provided by Valtira (collectively "Software"), by the number of users, number of web sites, and the class of license for which the corresponding fee has been paid. 2. RESTRICTIONS. Software is confidential and copyrighted. Title to Software and all associated intellectual property rights are retained by Valtira and/or its licensors. Except as specifically authorized in any Supplemental License Terms, you may not make copies of Software, other than a single copy of Software for archival purposes. Unless enforcement is prohibited by applicable law, you may not modify, decompile, or reverse engineer Software. You acknowledge that Software is not designed, licensed or intended for use in the design, construction, operation or maintenance of any nuclear facility. Valtira disclaims any express or implied warranty of fitness for such uses. No right, title or interest in or to any trademark, service mark, logo or trade name of Valtira or its licensors is granted under this Agreement. 3. LIMITED WARRANTY. Valtira warrants to you that for a period of ninety (90) days from the date of purchase, as evidenced by a copy of the receipt, the media on which Software is furnished (if any) will be free of defects in materials and workmanship under normal use. Except for the foregoing, Software is provided "AS IS". Your exclusive remedy and Valtira's entire liability under this limited warranty will be at Valtira's option to replace Software media or refund the fee paid for Software. 4. DISCLAIMER OF WARRANTY. UNLESS SPECIFIED IN THIS AGREEMENT, ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT ARE DISCLAIMED, EXCEPT TO THE EXTENT THAT THESE DISCLAIMERS ARE HELD TO BE LEGALLY INVALID. 5. LIMITATION OF LIABILITY. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL VALTIRA OR ITS LICENSORS BE LIABLE FOR ANY LOST REVENUE, PROFIT OR DATA, OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, HOWEVER CAUSED REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT OF OR RELATED TO THE USE OF OR INABILITY TO USE SOFTWARE, EVEN IF VALTIRA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In no event will Valtira's liability to you, whether in contract, tort (including negligence), or otherwise, exceed the amount paid by you for Software under this Agreement. The foregoing limitations will apply even if the above stated warranty fails of its essential purpose. 6. Termination. This Agreement is effective until terminated. You may terminate this Agreement at any time by destroying all copies of Software. This Agreement will terminate immediately without notice from Valtira if you fail to comply with any provision of this Agreement. Upon Termination, you must destroy all copies of Software. 7. Export Regulations. All Software and technical data delivered under this Agreement are subject to US export control laws and may be subject to export or import regulations in other countries. You agree to comply strictly with all such laws and regulations and acknowledge that you have the responsibility to obtain such licenses to export, re-export, or import as may be required after delivery to you. 8. Governing Law. Any action related to this Agreement will be governed by Minnesota law and controlling U.S. federal law. No choice of law rules of any jurisdiction will apply. 9. Severability. If any provision of this Agreement is held to be unenforceable, this Agreement will remain in effect with the provision omitted, unless omission would frustrate the intent of the parties, in which case this Agreement will immediately terminate. 10. Integration. This Agreement is the entire agreement between you and Valtira relating to its subject matter. It supersedes all prior or contemporaneous oral or written communications, proposals, representations and warranties and prevails over any conflicting or additional terms of any quote, order, acknowledgment, or other communication between the parties relating to its subject matter during the term of this Agreement. No modification of this Agreement will be binding, unless in writing and signed by an authorized representative of each party. 11. Trademarks and Logos. You acknowledge and agree as between you and Valtira that Valtira owns the VALTIRA, SIMPLICIS, SIMPLICIS CMS, SIMPLICIS BLOGS, SIMPLICIS CAMPAIGNS, SIMPLICIS IDENTITY, SIMPLICIS ADS, SIMPLICIS PROSPECTS, SIMPLICIS FEEDS, SIMPLICIS SURVEYS, SIMPLICIS SALES PITCH and VALTIRA SIMPLICIS PDF APIs trademarks and all VALTIRA and SIMPLICIS related trademarks, service marks, logos, and other brand designations ("Valtira Marks"), and you agree to comply with the Valtira Trademark and Logo Usage Requirements currently located at http://www.valtira.com/page/legal.jsp. Any use you make of the Valtira Marks inures to Valtira's benefit. 12.Source Code. Software may contain source code that is provided solely for reference purposes pursuant to the terms of this Agreement. Source code may not be redistributed unless expressly provided for in the Agreement. Some source code may contain alternative license terms that apply only to that source code file. 13. Termination for Infringement. Either party may terminate this Agreement should any Software become, or in either party's opinion be likely to become, the subject of a claim of infringement of any intellectual property right. For inquiries, please contact: Valtira LLC 1201 Marquette Avenue, Suite 330 Minneapolis, Minnesota 55403 https://www.valtira.com/contact