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

This ENQUE Corporation ("ENQUE") End User License Agreement ("EULA") accompanies ENQUE® shareware and related explanatory materials and sample code ("SOFTWARE "). Please read this agreement carefully. You will be asked to ACCEPT this agreement to enable download or, if you do not wish to accept this agreement, to DECLINE this agreement, in which case you will not be able to download and use the SOFTWARE. Upon your acceptance of this agreement, ENQUE grants to you a nonexclusive license to use the SOFTWARE, provided you agree to the following:

The SOFTWARE is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The SOFTWARE is licensed, not sold.

1. GRANT OF LICENSE.
This EULA grants you the following rights:

• a. SOFTWARE. ENQUE grants to you unrestricted use of this SOFTWARE.
• b. Electronic Documents. ENQUE grants to you unrestricted use of these documents.

2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.

• a. Limitations on Reverse Engineering, Decompilation, and Disassembly. No limitations are stipulated.
• b. Rental. You may not rent, lease, or lend the SOFTWARE. You may give it away however.
• c. Support Services. ENQUE provides billable support for this product.
• d. Software Transfer. See item (c) above.

3. UPGRADES.
Upgrades to this software will carry their own licensing restrictions.

4. COPYRIGHT.
All title and copyrights in and to the SOFTWARE (including but not limited to any images, photographs, animations, video, audio, music, text, and "applets" incorporated into the SOFTWARE), the accompanying printed materials, and any copies of the SOFTWARE are owned by ENQUE or its suppliers. The SOFTWARE is protected by copyright laws and international treaty provisions. Therefore, you must treat the SOFTWARE like any other copyrighted material except that you may install and use the SOFTWARE as specified above in the GRANT OF LICENSE section.

5. U.S. GOVERNMENT RESTRICTED RIGHTS.
The SOFTWARE and documentation are 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 ENQUE Corporation, 1334 Queens Road, Charlotte, NC 28207.

6. EXPORT RESTRICTIONS.
You agree that neither you nor your customers intend to or will, directly or indirectly, export or transmit the SOFTWARE or related documentation and technical data of this EULA (or any part thereof), or process, or service that is the direct product of the SOFTWARE, to any country to which such export or transmission is restricted by any applicable U.S. regulation or statute, without the prior written consent, if required, of the Bureau of Export Administration of the U.S. Department of Commerce, or such other governmental entity as may have jurisdiction over such export or transmission.

7. NO WARRANTIES.
ENQUE expressly disclaims any warranty for the SOFTWARE PRODUCT. THE SOFTWARE 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 REMAINS WITH YOU.

8. NO LIABILITY FOR CONSEQUENTIAL DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ENQUE 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, EVEN IF ENQUE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

9. NOTE ON JAVA SUPPORT.
The SOFTWARE contains programs written in Java. Java technology is not fault tolerant and is not designed, manufactured, or intended for use or resale as on-line control equipment in hazardous environments requiring fail-safe performance, such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines, or weapons systems, in which the failure of Java technology could lead directly to death, personal injury, or severe physical or environmental damage.

10. MISCELLANEOUS.
This EULA is governed by the laws of the State of North Carolina, U.S.A. If this product was acquired outside the United States, then local law may apply.

Should you have any questions concerning this EULA, or if you desire to contact ENQUE for any reason, please write: ENQUE, 1334 Queens Road, Charlotte, NC 28207.