END-USER LICENSE AGREEMENT FOR NEWTON COMPUTING CORPORATION SOFTWARE IMPORTANT-READ CAREFULLY: This Newton Computing Corporation End-User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and Newton Computing Corporation, for the Newton Computing Corporation software product(s) identified above, which may include associated media, printed materials, and "online" or electronic documentation ("SOFTWARE PRODUCT"). By installing, copying, or otherwise using the SOFTWARE PRODUCT, 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 PRODUCT. If the SOFTWARE PRODUCT was purchased by you, you may return it to your place of purchase for a full refund. The SOFTWARE PRODUCT is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The SOFTWARE PRODUCT is licensed, not sold. 1. GRANT OF LICENSE.. The SOFTWARE PRODUCT is licensed as follows: *Installation and Use. You may install and use an unlimited number of copies of the SOFTWARE PRODUCT on computers at your premises. * Backup Copies. You may also make copies of the SOFTWARE PRODUCT as may be necessary for backup and archival purposes, consistent with the terms of the preceding paragraph. 2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS. * Prerelease Software. If any component of the SOFTWARE PRODUCT or any of its components is marked "Prerelease" or "Beta", the component of the SOFTWARE PRODUCT constitutes pre-release code and may be changed substantially before commercial release. You may not use such component in a live operating environment where it may be relied upon to perform in the same manner as a commercially released product or with data that has not been sufficiently backed up. * Maintenance of Copyright Notices. You must not remove or alter any copyright notices on all copies of the SOFTWARE PRODUCT. * Distribution. You may not distribute copies of the SOFTWARE PRODUCT to third parties, except as expressly provided in Section 1. * Prohibition on Reverse Engineering, Decompilation, and Disassembly. You may not reverse engineer, decompile, or disassemble the SOFTWARE PRODUCT, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation. * Rental. You may not rent, lease, or lend the SOFTWARE PRODUCT. * Transfer. You may permanently transfer all of your rights under this EULA, provided the recipient agrees to the terms of this EULA. * Support Services. Newton Computing Corporation may provide you with support services related to the SOFTWARE PRODUCT ("Support Services"). Use of Support Services is governed by the Newton Computing Corporation polices and programs described in the user manual, in "on line" documentation and/or other Newton Computing Corporation-provided materials. Any supplemental software code provided to you as part of the Support Services shall be considered part of the SOFTWARE PRODUCT and subject to the terms and conditions of this EULA. With respect to technical information you provide to Newton Computing Corporation as part of the Support Services, Newton Computing Corporation may use such information for its business purposes, including for product support and development. Newton Computing Corporation will not utilize such technical information in a form that personally identifies you. * Compliance with Applicable Laws. You must comply with all applicable laws regarding use of the SOFTWARE PRODUCT. 3. TERMINATION. Without prejudice to any other rights, Newton Computing Corporation 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 PRODUCT. 4. COPYRIGHT. All title, including but not limited to copyrights, in and to the SOFTWARE PRODUCT and any copies thereof are owned by Newton Computing Corporation or its suppliers. All title and intellectual property rights in and to the content which may be accessed through use of the SOFTWARE PRODUCT is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. This EULA grants you no rights to use such content. All rights not expressly granted are reserved by Newton Computing Corporation. 5. U.S. GOVERNMENT RESTRICTED RIGHTS. The SOFTWARE PRODUCT is provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software Restricted Rights at 48 CFR 52.227-19, as applicable. Manufacturer is Newton Computing Corporation, P.O. Box 2246, Covington, GA 30015. 6. EXPORT RESTRICTIONS. You agree that you will not export or re-export the SOFTWARE PRODUCT to any country, person, entity or end user subject to U.S.A. export restrictions. Restricted countries currently include, but are not necessarily limited to Cuba, Iran, Iraq, Libya, North Korea, Sudan, and Syria. You warrant and represent that neither the U.S.A. Bureau of Export Administration nor any other federal agency has suspended, revoked or denied your export privileges. 7. NO WARRANTIES. Newton Computing Corporation expressly disclaims any warranty for the SOFTWARE PRODUCT. THE SOFTWARE PRODUCT 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 PRODUCT REMAINS WITH YOU. 8. LIMITATION OF LIABILITY. To the maximum extent permitted by applicable law, in no event shall Newton Computing Corporation or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the use of or inability to use the SOFTWARE PRODUCT or the provision of or failure to provide Support Services, even if Newton Computing Corporation has been advised of the possibility of such damages. In any case, Newton Computing Corporation's entire liability under any provision of this EULA shall be limited to the greater of the amount actually paid by you for the SOFTWARE PRODUCT or US $0.01; provided however, if you have entered into a Newton Computing Corporation Support Services Agreement, Newton Computing Corporation's entire liability regarding Support Services shall be governed by the terms of that agreement. Because some states and jurisdictions do not allow the exclusion or limitation of liability, the above limitation may not apply to you. 9. MISCELLANEOUS. This EULA is governed by the laws of the State of Georgia, U.S.A. Should you have any questions concerning this EULA, or if you desire to contact Newton Computing Corporation for any reason, please contact us on our contact page at https://newtoncomputing.com/ncccontactrequest.html