Oxford Scientific Software Ltd This is a legal agreement between you, the licensee, and Oxford Scientific Software Ltd. which regulates the use of the Aquator software package which you have purchased. OSS specifically retains title to all OSS-developed software and does not sell any rights in this software. Instead OSS grants the licensee the right to use the software by means of a software license governed by this agreement. IF YOU DO NOT WISH TO ACCEPT THE TERMS OF THIS AGREEMENT DESTROY ANY AMAZON WEB SERVICES (AWS) MACHINE INSTANCES CREATED FROM AMAZON MACHINE IMAGES (AMI) PRODUCED BY OXFORD SCIENTIFIC SOFTWARE. Aquator AMI Software License DEFINITIONS "licensee" - person or legal entity purchasing the license governed by this agreement "OSS" - Oxford Scientific Software Ltd. "Aquator AMI" - the product purchased by the "licensee" whose use is governed by this agreement, including the software and the documentation. GENERAL In return for the fee paid as part of the purchase price of the Aquator AMI license together with the acceptance of the terms of this agreement by the licensee, OSS grants the licensee the non-exclusive right to use Aquator on a AWS Market Place virtual macines only. COPYRIGHT Aquator and the Aquator AMI are owned by OSS and protected by United Kingdom copyright laws and international treaty provisions, and specifically by the Copyright, Designs, and Patents Act of 1988. Therefore the licensee agrees to treat the Aquator software, the Aquator AMI and documentation like any other copyrighted material (e.g. a book or musical recording) except that the licensee may copy the Aquator AMI licence to the licenced number of AWS virtual machines where the software will be used. RESTRICTIONS The licensee may not assign, license, rent, or lease Aquator or the Aquator AMI without prior written permission from OSS. The licensee may not transfer Aquator, the Aquator AMI or the licence file to a third-party. The licensee may not modify, adapt, translate, reverse engineer, decompile, or disassemble the Aquator software or any other OSS software on the AMI as part of an effort to circumvent the terms of this agreement. The Aquator software is not to be used in critical applications where failure of the software or errors or omissions in the documentation could result in financial loss or death or injury. INDEMNIFICATION The licensee agrees to indemnify, defend, and hold OSS harmless from and against any claims, suits, damages, expenses, including legal fees, brought against or suffered by any party in relation to Aquator or the Aquator AMI. Limited Warranty SOFTWARE WARRANTY OSS warrants that the Aquator software and the Aquator AMI shall perform substantially as described in the Aquator documentation, and that errors or omissions in the Aquator software will be corrected by OSS on a best-effort basis entirely at the discretion of OSS. CUSTOMER REMEDIES OSS's entire liability and the licensee's exclusive remedy shall be, at OSS's option, either (a) replacement of the Aquator AMI, or (b) refund of the purchase price. In the latter case all AWS machine images derived from the Aquator AMI, documentation, etc. must be destroyed. NO OTHER WARRANTIES TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OSS DISCLAIMS ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OR FITNESS FOR A PARTICULAR PURPOSE. CONSEQUENTIAL DAMAGE TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OSS SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR AN INABILITY TO USE THIS PRODUCT AND ACCOMPANYING DOCUMENTATION, EVEN IF OSS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR ATTENTION IS DRAWN TO THE LICENSE AGREEMENT WHICH RESTRICTS THE USE OF THIS PRODUCT TO NON-CRITICAL APPLICATIONS WHERE THERE IS NO RISK OF FINANCIAL LOSS OR PHYSICAL INJURY. Legal Basis of this Agreement If any provision of this agreement is found to be invalid by any court of competent jurisdiction, the balance of this agreement shall remain in full force. This agreement shall be governed by the laws of the United Kingdom. This agreement shall not create an agency, partnership, franchise, or any other form of legal association. This agreement constitutes the entire contract between OSS and the licensee.