DU Meter End User License Agreement

NOTICE TO ALL USERS

Carefully read the following legal agreement ("agreement"), which sets forth license terms for DU Meter software. BY INSTALLING DU METER, YOU (EITHER AN INDIVIDUAL OR A SINGLE ENTITY) CONSENT TO BE BOUND BY AND BECOME A PARTY TO THIS AGREEMENT. If someone else uses a copy of DU Meter installed by you, he or she may do so only subject to all conditions, obligations and limits described in this Agreement.

LICENSE GRANT

Hagel Technologies hereby licenses you for unlimited use of DU Meter on your computer(s), such as desktop and laptop, and to make one copy in machine-readable form for backup purposes only. The licenses granted herein are only for the number of computers for which you paid for DU Meter. You can secure additional computers by obtaining a separate license for each computer, which might require an additional fee. "You" means the company, entity or individual whose funds are used to pay the license fee. "Use" means storing, loading, installing, executing or displaying DU Meter. Within any such copy, you must reproduce the copyright notices and any other proprietary legends that were on the original downloaded copy of DU Meter. No license, right or interest in any trademark, trade name or service mark of Hagel Technologies or any third party is granted under this License. You may not modify DU Meter or disable any licensing or control features of DU Meter except as an intended part of DU Meter's programming features. When you first obtain a copy of DU Meter, you are granted an evaluation period of not more than 30 days. You are expected to use DU Meter on your system and to thoroughly evaluate its usefulness and functionality before making a purchase. After the 30-day evaluation period, you must pay for DU Meter according to the terms and prices discussed in DU Meter's documentation, or you must remove DU Meter from your system. This license is not transferable to another organization or individual. Any reproduction or redistribution of DU Meter not in accordance with the License Agreement is prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent allowable by law.

COPYRIGHT AND TITLE

DU Meter is protected by United States copyright laws and international treaty provisions. DU Meter and its suppliers own and retain all right, title and interest in and to DU Meter, including all copyrights, patents, trade secret rights, trademarks and other intellectual property rights therein. You acknowledge that your possession, installation, or use of DU Meter does not transfer to you any title to the intellectual property in DU Meter, and that you will not acquire any rights to DU Meter except as expressly set forth in this Agreement. You agree that any copies of DU Meter and Documentation will contain the same proprietary notices that appear on and in DU Meter and Documentation.

DISTRIBUTION

DU Meter is made available for downloading for use by end users according to this License Agreement. The unmodified distribution archive of DU Meter may be offered for evaluation purposes via download from any Internet web site, BBS or any other online or offline media, provided that no charge is made except for the media upon which it is distributed or the bandwidth utilized. Anyone offering the unmodified distribution archive must also take reasonable precaution to insure they are distributing the latest version of the program as available from the www.hageltech.com web site. Hagel Technologies reserve the right to revoke distribution rights from anyone at any time without cause.

RESTRICTIONS

You may not rent, lease, loan or resell DU Meter. You may not permit third parties to benefit from the use or functionality of DU Meter via a timesharing, service bureau or other arrangement. You may not transfer any of the rights granted to you under this Agreement. You may not reverse engineer, decompile, or disassemble DU Meter, except to the extent that the foregoing restriction is expressly prohibited by applicable law. You may not modify, or create derivative works based upon, DU Meter in whole or in part. You may not copy DU Meter or Documentation except as expressly permitted above. You may not remove any proprietary notices or labels on DU Meter.

TERMINATION

This License is effective until terminated. You may terminate this License at any time by destroying DU Meter, and all copies thereof. This License will be construed as terminated immediately and without notice from Hagel Technologies if you fail to comply with any provision of this License. If this license is terminated for any reason, you must destroy DU Meter and all copies thereof.

EXPORT CONTROLS

You may not download or otherwise export or reexport the Software or any underlying information or technology except in full compliance with all laws of the United States and other applicable laws and regulations.

GOVERNING LAW

This license will be governed by the laws of the state of Oregon and United States federal law as they are applied to agreements between United States residents entered into and to be performed entirely within the United States. The United Nations Convention on Contracts for the International Sale of Goods is specifically disclaimed.

DISCLAIMER OF WARRANTY

DU METER AND THE ACCOMPANYING FILES ARE SOLD "AS IS" AND WITHOUT WARRANTIES AS TO PERFORMANCE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR ANY OTHER WARRANTIES EXPRESSED OR IMPLIED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, OR THE EXCLUSION OR LIMITATIONOF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION.

NO LIABILITY FOR CONSEQUENTIAL DAMAGES

IN NO EVENT SHALL HAGEL TECHNOLOGIES OR ITS SUPPLIERS BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL OR INDIRECT DAMAGES OF ANY KIND ARISING OUT OF THE DELIVERY, PERFORMANCE OR USE OF, OR INABILITY TO USE, DU METER, EVEN IF HAGEL TECHNOLOGIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL HAGEL TECHNOLOGIES' LIABILITY FOR ANY CLAIM, WHETHER IN CONTRACT, TORT OR ANY OTHER THEORY OF LIABILITY, EXCEED THE LICENSE FEE PAID BY YOU, IF ANY.

HIGH RISK ACTIVITIES

DU METER IS NOT FAULT-TOLERANT AND IS NOT DESIGNED OR INTENDED FOR USE IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE PERFORMANCE, INCLUDING WITHOUT LIMITATION, IN THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, WEAPONS SYSTEMS, DIRECT LIFE-SUPPORT MACHINES, OR ANY OTHER APPLICATION IN WHICH THE FAILURE OF DU METER COULD LEAD DIRECTLY TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR PROPERTY DAMAGE (COLLECTIVELY, "HIGH RISK ACTIVITIES"). HAGEL TECHNOLOGIES EXPRESSLY DISCLAIM ANY EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR HIGH RISK ACTIVITIES.

SEVERABILITY

In the event of invalidity of any provision of this license, the parties agree that such invalidity shall not affect the validity of the remaining portions of this license.

ENTIRE AGREEMENT

This is the entire agreement between you, Hagel Technologies, which supersedes any prior agreement or understanding, whether written or oral, relating to the subject matter of this license.