NativeWinds License Statement And Limited Warranity

IMPORTANT - READ CAREFULLY
This license statement and limited warranty constitutes a
legal agreement ("License Agreement") between you (either as
an individual or a single entity) and NativeWinds Software
Corporation ("NativeWinds") for the software product
("Software") identified above, including any software,
media, and accompanying on-line or printed documentation.

BY INSTALLING, COPYING, OR OTHERWISE USING THE SOFTWARE, YOU
AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS
LICENSE AGREEMENT.
If you are the original purchaser of the Software and you do
not agree with the terms and conditions of the License
Agreement, promptly return the unused Software to the place
from which you obtained it for a full refund.

If you are accepting this License Agreement on behalf of a
corporation, partnership or other legal entity, the use of
the terms "you" and "your" in this License Agreement will
refer to such entity.

TERMS AND CONDITIONS

1. GRANT OF LICENSE.
a. Subject to the terms and conditions of this License
Agreement, NativeWinds grants to you a personal, nonexclusive,
nontransferable and limited license to install and use the
Software for the purposes set forth herein. Unless you have
purchased additional licenses from NativeWinds, you may only
install and use a single copy of the Software on a computer
and freely move the Software from one computer to another,
provided that you are the only individual using the
Software. If you are an entity, NativeWinds grants you the right
to designate one individual within your organization ("Named
User") to have the right to use the Software in the manner
provided herein. If you have purchased additional licenses
from NativeWinds or a NativeWinds authorized reseller, you may
install and use the number of copies of the Software up to
the number of users, CPU's, servers and/or at the sites
granted to you in writing by NativeWinds ("Licensed Copies").

b. This Software is owned by NativeWinds or its suppliers and
is protected by copyright law, international copyright
treaties, as well as other proprietary notices. Therefore,
you must treat this Software like any other copyrighted
material (e.g., a book) and you agree that the total number
of copies of the Software used by you may not exceed the
number of Licensed Copies paid for by you, except that you
may either make one copy of the Software solely for backup
or archival purposes or transfer the Software to a single
hard disk provided you keep the original solely for backup
or archival purposes.

c. Subject to the further terms and conditions of this
License Agreement, the term of this license is perpetual
(unless terminated as provided below). You may transfer the
Software and documentation on a permanent basis provided you
retain no copies and the recipient agrees to the terms of
this License Agreement.

2. LICENSE RESTRICTIONS.
a. Except as provided in this License Agreement, you
receive no rights and agree not to transfer, rent, lease,
lend, copy, modify, translate, port, localize, create
derivative works of, market, distribute, sublicense, time-
share or electronically transmit or receive the Software,
media or documentation. You acknowledge that the Software
in source code form remains a confidential trade secret of
NativeWinds and/or its suppliers and therefore you agree not to
modify the Software or attempt to reverse engineer,
decompile, or disassemble the Software, except and only to
the extent that such activity is expressly permitted by
applicable law notwithstanding this limitation. As a
confidential trade secret, you shall use your best efforts
to protect the proprietary or confidential information
supplied by NativeWinds in its Software in the same
manner in which you would protect your
own proprietary or confidential information, but not less
than reasonable precautions to protect such proprietary or
confidential information and you shall not use such
proprietary or confidential trade secret for your own
benefit or the benefit of any other person or entity, except
as may be specifically permitted hereunder.

b. If you have purchased an upgrade version of the
Software, it constitutes a single product with the NativeWinds
software that you upgraded. You may use or transfer the
upgrade version of the Software together with the original
only in accordance with this License Agreement.

GENERAL TERMS THAT APPLY TO COMPILED WORKS AND
REDISTRIBUTABLES
You may not reproduce or distribute any NativeWinds documentation without
NativeWinds's permission.

The license granted in this License Agreement for you to
create the Works and distribute your Works and the
Redistributables (if any) is subject to all of the following
conditions: (i) you may not remove or alter any NativeWinds copyright,
trademark or other proprietary rights notice contained in any portion
of NativeWinds libraries, Redistributables or other
files that bear such a notice; (iii) all rights and
obligations of the parties here are personal to them and
this License Agreement is not intended to benefit nor shall
it be deemed to give rise to, any rights in any third party;
consequently, NativeWinds provides no warranty at all to any
person, other than the Limited Warranty provided to the
original purchaser of the Software.

All NativeWinds Software provided under this License Agreement,
including but not limited to libraries, Redistributables and other files
remain NativeWinds's exclusive property. NativeWinds will retain all
right, title and interest in and to the libraries, Redistributables and
other files, including the Intellectual Property contained
in such property (including but not limited to, ownership of
all copyrights, patents, trademarks, service marks
worldwide).

3. LIMITED WARRANTY
a. Software provided under this License Agreement,
including but not limited to libraries, Redistributables
and other files are provided "as is,"
without warranty of any kind except as expressly provided in
this paragraph. NativeWinds warrants that, except with respect
to the Redistributables, the Software, as updated and when
properly used, will perform substantially in accordance with
the accompanying documentation, and the Software media will
be free from defects in materials and workmanship, for a
period of ninety (90) days from the date of receipt. Any
implied warranties on the Software are limited to ninety
(90) days. Some states/jurisdictions do not allow
limitations on duration of an implied warranty, so the above
limitation may not apply to you.

b. NativeWinds's and its suppliers' entire liability and your
exclusive remedy shall be, at NativeWinds's option, either (a)
return of the price paid, or (b) repair or replacement of
the Software that does not meet NativeWinds's Limited Warranty
and which is returned to NativeWinds with a copy of your
receipt. This Limited Warranty is void
if failure of the Software has resulted from accident,
abuse, or misapplication. Any replacement Software will be
warranted for the remainder of the original warranty period
or thirty (30) days, whichever is longer. Outside the
United States, neither these remedies nor any product
support services offered by NativeWinds are available without
proof of purchase from an authorized non-U.S. source.

c. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW,
NATIVEWINDS AND ITS SUPPLIERS DISCLAIM ALL OTHER WARRANTIES AND
CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT
LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, WITH
REGARD TO THE SOFTWARE, AND THE PROVISION OF OR FAILURE TO
PROVIDE SUPPORT SERVICES. NATIVEWINDS DOES NOT WARRANT THAT THE
NATIVEWINDS SOFTWARE WILL BE ERROR FREE OR WILL OPERATE WITHOUT
INTERRUPTION. THE ENTIRE RISK ARISING OUT OF THE USE OR
PERFORMANCE OF THE NATIVEWINDS SOFTWARE AND ACCOMPANYING WRITTEN
MATERIALS REMAINS WITH YOU. THIS LIMITED WARRANTY GIVES YOU
SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS, WHICH VARY FROM
STATE/JURISDICTION TO STATE/JURISDICTION.

4. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO
EVENT SHALL NATIVEWINDS OR ITS LICENSORS OR SUPPLIERS BE LIABLE
FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL,
PUNITIVE OR EXEMPLARY DAMAGES WHATSOEVER (INCLUDING, WITHOUT
LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS OR BUSINESS
INTERRUPTION, GOODWILL, LOSS OF BUSINESS INFORMATION, OR ANY
OTHER PECUNIARY LOSS) WHETHER BASED ON PRINCIPLES OF
CONTRACT, TORT (INCLUDING NEGLIGENCE), DUTY, INDEMNITY,
CONTRIBUTION OR OTHERWISE, ARISING OUT OF THE USE OF OR
INABILITY TO USE THE SOFTWARE OR THE PROVISION OF OR FAILURE
TO PROVIDE SUPPORT SERVICES, EVEN IF NATIVEWINDS HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE,
NATIVEWINDS ENTIRE LIABILITY UNDER ANY PROVISION OF THIS
LICENSE AGREEMENT SHALL BE LIMITED TO THE GREATER OF THE
AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE PRODUCT OR U.S.
$25; PROVIDED, HOWEVER, IF YOU HAVE ENTERED INTO A NATIVEWINDS
SUPPORT SERVICES AGREEMENT, NATIVEWINDS 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.

5. HIGH RISK ACTIVITIES
The Software is not fault-tolerant and is not designed,
intended, or licensed for use in line control equipment or
in hazardous environments requiring fail-safe performance,
such as in the operation of nuclear facilities, aircraft
navigation or communication systems, air traffic control,
and life support or weapons systems, in which the failure of
the Software could lead directly to death, personal injury,
or severe physical or environmental damage ("High Risk
Activities"). Without limiting the generality of the
foregoing, NativeWinds and its suppliers specifically disclaim
any express or implied warranty of fitness for High Risk
Activities.

6. U.S. GOVERNMENT RESTRICTED RIGHTS
The Software and any accompanying documentation are
"Commercial Items", as that term is defined at 48 CFR
Section 2.101, consisting of "Commercial Computer Software"
and "Commercial Computer Software Documentation", as such
terms are used in 48 CFR Sections 12.212 and 227.7202, as
applicable. Consistent with 48 CFR Sections 12.212 or
227.7202-1 through 227.7202-4, as applicable, the Commercial
Computer Software and Commercial Computer Software
Documentation are being licensed to U.S. Government end
users (a) only as Commercial Items and (b) with only those
rights as are granted to all other end users pursuant to the
terms and conditions herein. Unpublished rights reserved
under the copyright laws of the United States. Manufacturer
is NativeWinds Software, 1448 MT Hwy 2 West, Whitehall,
MT 59759.

7. TERMINATION
Your license to use the Software shall become effective on
the date you agree to the terms and conditions of this
License Agreement. Your license to use the Software shall
terminate automatically if you fail to comply with the
limitations described in this License Agreement. No notice
shall be required from NativeWinds to effectuate such
termination. Upon expiration or termination of this License
Agreement for any reason, you shall make no further use of
the Software and shall destroy all copies of the Software
and all of its component parts on all systems, in all forms,
in all types of media and computer memory, and whether or
not modified or combined with other materials.

13. GENERAL PROVISIONS
This License Agreement is governed by the laws of the State
of Montana, U.S.A., excluding its or any other
jurisdiction's choice of law rules and excluding the United
Nations Convention for Contracts for the International Sale
of Goods, and you further consent to the exclusive
jurisdiction by the state and federal courts sitting in
Jefferson County in the State of Montana for any
dispute regarding this License Agreement. This License
Agreement gives you specific legal rights; you may have
others which vary from state to state and from country to
country. NativeWinds reserves all rights not specifically
granted in this License Agreement.

This License Agreement will not be modified except by a
properly executed written agreement. Any terms and
conditions of any purchase order or other instrument issued
by you in connection with this License Agreement which are
in addition to, inconsistent with or different from the
terms and conditions of this License Agreement will be of no
force or effect.

If any provision of this License Agreement is found void or
unenforceable, the remainder will remain valid and
enforceable according to its terms. If any remedy provided
is determined to have failed for its essential purpose, all
limitations of liability and exclusions of damages set forth
in the Limited Warranty shall remain in effect.

Failure by either party at any time to enforce any
obligation by the other party, to claim a breach of any term
of this License Agreement or to exercise any power agreed to
hereunder will not be construed as a waiver of any right,
power or obligation under this License Agreement, will not
affect any subsequent breach, and will not prejudice either
party as regards any subsequent action.

Except as expressly permitted hereby, you may not assign any
rights or obligations under this License Agreement without
the prior consent of NativeWinds.

The provisions of this License Agreement that by their
nature and content are intended to survive the performance
hereof shall so survive the completion and termination of
this License Agreement.