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ELECTRONIC CONTROLS DESIGN, INC.
ELECTRONIC CONTROLS DESIGN, INC. END USER LICENSE AGREEMENT FOR ECD's M.O.L.E.(r) MAP SOFTWARE PRODUCTS

NOTICE TO USER:
THIS IS A CONTRACT. BY INSTALLING THIS SOFTWARE YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT.

This, Electronic Controls Design, Incorporated ("ECD") End User License Agreement, accompanies ECD software products and related explanatory materials ("Software"). The term "Software" also shall include any upgrades, modified versions or updates of the Software licensed to you by ECD. Please read this Agreement carefully. At the end, you will be asked to accept this agreement and continue to install or, if you do not wish to accept this Agreement, to decline this agreement, in which case you will not be able to use the Software.

Upon your acceptance of this Agreement, ECD grants to you a nonexclusive license to use the Software, provided that you agree to the following:

1. Use of the Software. This software is licensed for use by a single user. For the purpose of using this software with the computer you may install the Software, on a hard disk or other storage device; install and use the Software on a file server for use on a network for the purposes of (i) permanent installation onto hard disks or other storage devices or (ii) use of the Software over such network; and make backup copies of the Software.

ECD Software for use with one or more ECD hardware products. This Agreement allows you to make and distribute unlimited copies of the Software, licensed with the respective ECD hardware product you purchased, as long as each copy that you make and distribute contains this Agreement, the same copyright and other proprietary notices pertaining to this Software that appear in the Software, and that the purpose of distributing the software is for the purpose of viewing, analyzing and reporting data captured by the associated ECD hardware product. If you download an updated version of the Software, for the respective hardware product you purchased, from the Internet or similar on-line source, you must include the ECD copyright notice for the Software with any on-line distribution and on any media you distribute that includes the Software.

2. Copyright and Trademark Rights. The Software is owned by ECD and its suppliers, and its structure, organization and code are valuable trade secrets of ECD and its suppliers. The Software also is protected by United States Copyright Law and International Treaty provisions. You may use trademarks only insofar as required to comply with Section 1 of this Agreement and to identify printed output produced by the Software, in accordance with accepted trademark practice, including identification of trademark owner's name. Such use of any trademark does not give you any rights of ownership in that trademark. Except as stated above, this Agreement does not grant you any intellectual property rights in the Software.

3. Restrictions. You agree not to modify, adapt, translate, reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Software. The Software is licensed and distributed by ECD for viewing, analyzing and reporting data captured by associated ECD hardware products.

4. No Warranty. The Software is being delivered to you AS IS and ECD makes no warranty as to its use or performance. ECD AND ITS SUPPLIERS DO NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE OR DOCUMENTATION. ECD AND ITS SUPPLIERS MAKE NO WARRANTIES, EXPRESS OR IMPLIED, AS TO NONINFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE. IN NO EVENT WILL ECD OR ITS SUPPLIERS BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, INCLUDING ANY LOST PROFITS OR LOST SAVINGS, EVEN IF AN ECD REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY. Some states or jurisdictions do not allow the exclusion or limitation of incidental, consequential or special damages, or the exclusion of implied warranties or limitations on how long an implied warranty may last, so the above limitations may not apply to you.

5. Governing Law and General Provisions. This Agreement will be governed by the laws of the State of Oregon, U.S.A., excluding the application of its conflicts of law rules. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. If any part of this Agreement is found void and unenforceable, it will not affect the validity of the balance of the Agreement, which shall remain valid and enforceable according to its terms. You agree that the Software will not be shipped, transferred or exported into any country or used in any manner prohibited by the United States Export Administration Act or any other export laws, restrictions or regulations. This Agreement shall automatically terminate upon failure by you to comply with its terms. This Agreement may only be modified in writing signed by an authorized officer of ECD.

6. Automatic Checks. Technological measures in The software may communicate with servers of ECD for the purpose of checking for and notifying the user of updates and to ensure that the Software in use is licensed in compliance with this Agreement. ECD will not collect any personally identifiable data in this process and will not disclose any data collected to any third party, except ECD’s outside attorneys or as may be required by a court of competent jurisdiction.

Unpublished-rights reserved under the copyright laws of the United States. Electronic Controls Design Incorporated, 4287-B SE International Way, Milwaukie, Oregon 97222 USA.

YOUR ACCEPTANCE OF THE FOREGOING AGREEMENT WAS INDICATED DURING INSTALLATION. ECD Software Agreement

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