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McObject Evaluation License Agreement

READ CAREFULLY BEFORE YOU INSTALL THE SOFTWARE MEDIA

If you install the software media, you agree to the terms of this McObject Evaluation License Agreement.

McObject LLC will not grant you a license to evaluate the software in the media package(s) unless you agree to all of the terms of this Agreement. If you do not accept the terms of this Agreement, promptly destroy the software media package(s). McObject does not accept contrary terms in Purchase or Sales Orders.

1. PARTIES TO THE LICENSE. This is a legal agreement between you (the “Development Entity” as defined below) and McObject LLC, a Washington Limited Liability Company (“McObject”).

2. SUBJECT MATTER OF THE LICENSE. This Agreement is a novation of all prior agreements and representations between McObject and you regarding all McObject copyrighted software in your possession for evaluation, including the contents of the media package(s), earlier releases of the software, all accompanying written materials, and prior written agreements whether contained in manuals, sealed media package(s) or otherwise (hereafter referred to as “Products”).

3. NO LICENSE TO DEVELOP APPLICATION PROGRAM. McObject grants you a limited, non-exclusive, nonassignable, nontransferable right to evaluate the Products enclosed in the software media package(s) in source code form (if supplied or in your possession) and object code form for a period of 60 days beginning from the Effective Date of this Agreement.

4. LICENSE TO MODIFY SOURCE. You may modify and compile the Product source code, if supplied for evaluation by McObject, provided you do not delete copyright notices. All modified versions are part of the licensed Products, subject to this Agreement and the property of McObject. You must deliver to McObject on written request copies of all modifications of, partial replacements of, and extensions to McObject source code. McObject does not support modified source code. You may not compile the source code for use with an operating system other than the target operating system for the source code package you received from McObject.

5. NO LICENSE TO DISTRIBUTE. You may not distribute an Application Program that includes the McObject Product. Distribute means the reproduction for installation, whether for commercial resale, not-for-profit, internal use, or any other use other than to evaluate the McObject software.

6. OTHER RESTRICTIONS. These licenses are personal to you, the Development Entity. The Development Entity may be an individual or organization. It may be a division or subsidiary of a larger organization or the affiliate of a smaller organization. In any event, McObject grants this license only to the Development Entity. You may not use, distribute, or transfer the Products except as allowed by this license. You may not sell, assign, sublicense, lease, or otherwise transfer any part of this license. A sale of a majority of your Development Entity is deemed a transfer. You may not retain copies, even of prior versions of the Products, on termination of this license. Your obligations under this Agreement survive any substitution or termination of the licenses granted by this Agreement.

7. OWNERSHIP AND COPYRIGHT. McObject LLC or its suppliers own the Product(s). National copyright laws and international treaty provisions protect them. The Products contain proprietary information. You must protect the Products like any other copyrighted material and keep the source code in strict confidence, ensuring that anyone with access to the Products refrains from unauthorized reproduction, use or disclosure.

8. TERMS AND TERMINATION. You may terminate this license by returning or destroying all copies of the Product in your control and notifying McObject in writing. This license, including your right to evaluate the Products, will terminate automatically if you infringe McObject copyrights or breach this Agreement. McObject may suspend or terminate this license if you fail to pay any amount due McObject or any McObject subsidiary. McObject may suspend or terminate this license, with 30 days prior notice and opportunity to cure, if you fail to pay any amount due any McObject distributor or dealer.

9. LIMITED WARRANTY. McObject disclaims all warranties, either expressed or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose, and all other remedies for breach of the above warranty. You assume all risks with respect to accuracy, adequacy, quality, reliability, and performance of the Products. All implied warranties which may not be disclaimed are limited to 30 days. Some jurisdictions do not allow limitations on duration of implied warranties, so the above limitation may not apply to you. This limited warranty gives you specific legal rights. You may have other rights, different from the warranty given by McObject.

10. NO LIABILITY FOR CONSEQUENTIAL DAMAGES. In no event will McObject, its resellers, or suppliers be liable for consequential damages (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 inability to use the Products, whether in an action based on contract or tort, including negligence or strict liability, even if you advise McObject of the possibility of such damages. McObject’s total liability under this Agreement is limited in the aggregate to amounts you paid for this Product and license.

11. TECHNICAL SUPPORT. Technical support by email and telephone is available on a first-come, first-served basis during the evaluation period.

12. U.S. GOVERNMENT RESTRICTED RIGHTS. The Products under this Agreement are commercial computer software programs and documentation developed exclusively at private expense. If Products are acquired by or on behalf of the Department of Defense, use, disclosure, modification, distribution, and reproduction are subject to the standard limitations and restrictions set forth in the body of this Agreement, and as permitted by DFAR 227.7202-1. If Products are acquired by other U.S. Government agencies or on their behalf, the Products are furnished with Limited and Restricted Rights as otherwise set forth herein, or as set forth in FAR 52.227-19(b)(1)and(2) as may be required.

13. SEVERABILITY. Whenever possible, each provision of this Agreement must be interpreted so as to be valid under applicable law. If any provision is invalid, the remaining provisions remain enforceable.

14. DISPUTES.  The laws of the State of Washington, U.S.A., without regard to its conflicts of law rules, control this Agreement, and the United Nations Convention on the International Sale of Goods does not apply.  It is enforceable by McObject or its distributors and dealers.  Disputes will be finally resolved in arbitration, before one arbitrator, under American Arbitration Association Commercial Arbitration Rules and conducted in Seattle, Washington, U.S.A., or under the UNCITRAL Rules of Arbitration in Stockholm, Sweden, at McObject’s option.  If conducted in Sweden, the arbitration will be conducted in English, and administered by the Stockholm Chamber of Commerce.  The prevailing party in any action related to an alleged infringement of McObject proprietary rights is entitled to recover its costs and expenses, including reasonable attorneys’ fees.  You consent to personal jurisdiction in the federal and state courts in the State of Washington, U.S.A.  A prevailing party may enter judgment on an arbitral award in any court having jurisdiction. These provisions will survive the termination of this Agreement, regardless of the cause of termination.