EQUIVAQ ONE

END USER LICENSE AGREEMENT “EULA”

IMPORTANT-READ CAREFULLY: BY PURCHASING, DOWNLOADING, INSTALLING, OR OTHERWISE USING THE EQUIVAQ ONE™ LIBRARY OF TOOLS (THE SOFTWARE), YOU (THE INDIVIDUAL OR LEGAL ENTITY) AGREE TO BE BOUND BY THE TERMS OF THIS LICENSE AGREEMENT (“AGREEMENT”). IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, YOU MUST NOT INSTALL OR USE THE SOFTWARE. THE SOFTWARE INCLUDES A LIBRARY OF MORE THAN 100 COMPILED OBJECT CODE DLL SOLIDWORKS AND PDM ADD-INS. THIS LIBRARY WILL BE AVAILABLE UPON PURCHASE BY YOU AND AVAILABLE FOR DOWNLOAD AND INSTALLATION. SOME PRODUCTS WILL REQUIRE A LICENSE MANAGER OR OTHER PROXY TO ADMINISTER LICENSING WHILE OTHERS MAY NOT AND EQUIVAQ RESERVES THE RIGHT TO ADMINISTER LICENSES AT ITS SOLE DISCRETION.

1. GRANT AND USE RIGHTS FOR SOFTWARE

1.1 License. This Agreement grants you a limited, non-transferable, non-exclusive, limited right to use one copy of the Software in object code form for a limited time period for the purpose of automating the SOLIDWORKS PDM interface through the software. “Software” means software products that are licensed to you under this Agreement, including, but not limited to, any related components provided with the Software, application programming interfaces, associated media, printed materials, online or electronic documentation, and any updates and maintenance releases thereto. Open source software components provided with the Software are licensed to you under the terms of the applicable license agreements included with such open source software components. The open source software licenses can be found in materials accompanying the Software, the documentation or corresponding source files..

1.2 License Limitations. You may not copy the Software or remove any titles, trademarks or trade names, copyright notices, legends, or other proprietary markings on the Software. You are not granted any rights to any trademarks or service marks of EQUIVAQ Software. EQUIVAQ Software retains all rights not expressly granted to you in this Agreement.

1.3 Restrictions. Except as expressly permitted by this Agreement or by applicable law, You may not (i) sell, lease, assign, license, sublicense, distribute, give away, or otherwise transfer in whole or in part the Software; (ii) permit any use of or access to the Software by any third party, or operate the Software on behalf of or for the benefit of any third party, including the operation of any service that is accessed by a third party; (iii) decompile, disassemble, reverse engineer, or otherwise attempt to derive source code from the Software; (iv) modify or create derivative works based upon the Software; or (v) create, develop, license, install, use, or deploy any software or services to circumvent, enable, modify or provide access, permissions or rights which violate the technical restrictions in the Software.

1.4 Licenses required for third-party software. You are responsible for separately obtaining and complying with any licenses necessary to operate third-party software.

1.5 This software is provided to you FREE of charge in perpetuity for this product only.

2. TITLE

EQUIVAQ Software retains all right, title, and interest in and to the Software and in all related copyrights, trade secrets, patents, trademarks, and any other intellectual and industrial property and proprietary rights, including registrations, applications, renewals, and extensions of such rights.

3. SUPPORT AND SUBSCRIPTION SERVICES NOT INCLUDED

EQUIVAQ Software will not provide any support services under this Agreement. This Agreement does not give you any rights to any updates or upgrades to the Software or to any extensions or enhancements to the Software developed by EQUIVAQ Software at any time in the future. EQUIVAQ Software may use any technical information you provide to EQUIVAQ Software for any EQUIVAQ Software business purposes without restriction, including for product support and development. EQUIVAQ Software will not use information in a form that personally identifies you.

4. TERM AND TERMINATION

Unless earlier terminated in accordance with this Agreement, EQUIVAQ Software may terminate this Agreement immediately upon notice if You fail to comply with any term of this Agreement. In the event of termination, You must remove and destroy all copies of the Software, including all backup copies, from the server and all computers and terminals You own, possess or control and on which the Software is installed. The provisions regarding title, exclusion of warranty, and limitation of liability will survive termination or expiration of this Agreement.

5. EXCLUSION OF WARRANTY AND LIMITATION OF LIABILITY

5.1 EXCLUSION OF WARRANTY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE MANDATORY LAW, EQUIVAQ SOFTWARE AND ITS LICENSORS PROVIDE THE SOFTWARE WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY, OR IN ANY OTHER PROVISION OF THIS AGREEMENT OR COMMUNICATION WITH YOU, AND EQUIVAQ SOFTWARE AND ITS LICENSORS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

5.2 LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT MANDATED BY LAW, IN NO EVENT WILL EQUIVAQ SOFTWARE AND ITS LICENSORS BE LIABLE FOR ANY LOST PROFITS OR BUSINESS OPPORTUNITIES, LOSS OF USE, BUSINESS INTERRUPTION, LOSS OF DATA, OR ANY OTHER INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES UNDER ANY THEORY OF LIABILITY, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, PRODUCT LIABILITY, OR OTHERWISE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE PRECEDING LIMITATION MAY NOT APPLY TO YOU. EQUIVAQ SOFTWARE’S AND ITS LICENSORS’ LIABILITY UNDER THIS AGREEMENT WILL NOT, IN ANY EVENT, EXCEED THE LICENSE FEES YOU PAID FOR THE SOFTWARE, IF ANY. THE FOREGOING LIMITATIONS SHALL APPLY REGARDLESS OF WHETHER EQUIVAQ SOFTWARE OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

6. GENERAL

6.1 Entire Agreement. This Agreement sets forth EQUIVAQ Software’s entire liability and your exclusive remedy with respect to the Software and supersedes the terms of any communications or advertising with respect to the Software. You acknowledge that this Agreement is a complete statement of the agreement between you and EQUIVAQ Software with respect to the Software, and that there are no other prior or contemporaneous understandings, promises, representations, or descriptions with respect to the Software.

6.2 Headings. Headings under this Agreement are intended only for convenience and shall not affect the interpretation of this Agreement.

6.3 Waiver and Modification. No failure of either party to exercise or enforce any of its rights under this Agreement will act as a waiver of those rights. This Agreement may only be modified, or any rights under it waived, by a written document executed by the party against which it is asserted.

6.4 Severability. If any provision of this Agreement is found illegal or unenforceable, it will be enforced to the maximum extent permissible, and the legality and enforceability of the other provisions of this Agreement will not be affected.

6.5 Governing Law. This Agreement will be governed by the state of Oklahoma law and the United States of America, without regard to its choice of law principles. The United Nations Convention for the International Sale of Goods shall not apply.

6.6 Contact Information. If you have any questions about this Agreement, or if you want to contact EQUIVAQ Software for any reason, please direct all correspondence to: EQUIVAQ Software, 1414 Sangre Rd., Stillwater, Oklahoma 74074 or email support@equivaq.com.