SNOWBOUND SOFTWARE EVALUATION LICENSE AGREEMENT

The Snowbound Software technology (Viewer, Application Program, DLL, ActiveX, .NET, Java Class Files or other components) and including documentation, samples and software, (collectively, "Software") as delivered via download, e-mail or physically on a CD-ROM, for evaluation is proprietary to Snowbound Software Corporation ("Snowbound") and is protected by United States Federal Copyright Law. Snowbound retains the title to and ownership of the Software. The Company (“Licensee”) is licensed to use the Software based on the following terms and conditions:

GRANT OF RIGHT TO USE - The Licensee is defined as the person evaluating the Software. The License is restricted to evaluation by one person unless otherwise specified in a separate written agreement between Snowbound and Licensee. Snowbound hereby grants the Licensee this non-transferable, non-exclusive 30-day License authorizing the Licensee to use the Software, on one computer, for Evaluation purposes only. Licensee may make one copy of the program for temporary backup purposes in support of Licensee’s permitted use of the Software. Use of this Software by more than one individual, unless otherwise specified in a separate written agreement between Snowbound and Licensee, or by anyone other than the Licensee, will terminate, without notification, this License and the right to use this Software. Licensee must contact Snowbound to request an extension of the evaluation period of this Licensee or to involve others in its use. Snowbound shall have the sole right to grant such an extension or otherwise change Licensee’s rights hereunder.

PRODUCT SUPPORT – Limited Product Support is available for 30 days during the evaluation period. Snowbound customers currently licensed for Product Support programs will be given priority. Licensee must contact the Sales Department to purchase higher priority support, if desired.

RESTRICTIONS
1. Licensee may not reverse engineer, decompile, disassemble, or otherwise examine the internals, in whole or in part, of the Product.
2. Licensee may not transfer or assign the license, nor distribute, rent, sub-license or otherwise make available to others the Software or documentation or copies thereof, except as expressly permitted in this License, without prior written consent from Snowbound.
3. Licensee may not use the Product for any commercial purposes while under this Evaluation license.


US GOVERNMENT RESTRICTED RIGHTS - The Software is provided with RESTRICTED RIGHTS. Use, duplication or disclosure by the United States Government is subject to restrictions as set forth under subparagraph (c)(1)(ii) of The Rights in Technical Data and Computer Software clause of DFARS 252.227 –19 or subparagraphs (c)(i) and (2) of the Commercial Computer Software-Restricted Rights at 48 CFR 52.227 – 19 as applicable. Manufacturer is Snowbound Software Corporation, 321 Arsenal Street, Floor 2, Watertown, MA 02472. Licensee acknowledges that none of the Software or underlying information or technology may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, parties designated "FRYM" on OFAC's alphabetical master list of Specially Designated Nationals and Blocked Persons, North Korea, Iran, Syria, or any other country to which the U.S. has embargoed goods; or (ii) anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or (iii) the U.S. Commerce Department’s Table of Denial Orders. By using the Software, Licensee is agreeing to the foregoing and is representing and warranting that it is not located in or under the control of a national or resident(s) of any such country or on any such list.

TERM – The term of this license is for 30 days from date of receipt of product unless extended by Snowbound. Should Licensee decide to purchase the full version of the product being evaluated, the use of the Software will be governed by the License agreement entered into upon Software purchase. This License will terminate automatically if Licensee fails to comply with any term or condition of this License. Upon termination, all Software must be destroyed or returned to Snowbound.

LIMITED WARRANTY - Snowbound makes no warranty as to the operational performance of the Software, the accuracy, completeness, or usefulness of any information provided with this Software, or the advisability of using the Software in conducting Licensee’s business. The Software is provided "as is" without warranty or representation, either express or implied, as to performance, merchantability or fitness for any particular purpose. The entire risk as to the quality and performance of the Software is assumed by the Licensee. Because software is inherently complex and may not be completely free of errors, Licensee is advised to verify all work and to make backup copies. In no event shall Snowbound Software or anyone else who has been involved in the creation, production or delivery of this Software be liable for any direct, indirect, special, incidental, or consequential damages, such as, but not limited to, loss of anticipated profits, business interruption, benefits, use, or data resulting from the use of this Software, or arising out of any breach of any warranty. Some states do not allow the exclusions or limitation of direct, incidental or consequential damages so the above limitation may not apply to Licensee.

GENERAL - This Agreement is governed by the laws of the Commonwealth of Massachusetts, without regard to conflicts of law provisions, and Licensee consents to the exclusive jurisdiction of the state and federal courts sitting in the Commonwealth of Massachusetts. The United Nations Convention of Contracts for the International Sale of Goods, the application of which is hereby expressly excluded, will not govern this License Agreement. If either Snowbound or Licensee employs attorneys to enforce any rights arising out of this Agreement, the prevailing party shall be entitled to recover reasonable attorneys’ fees.

SEVERABILITY - If any provisions are held void or unenforceable, the remaining terms and conditions shall remain valid and enforceable.

ENTIRE AGREEMENT - This License Agreement constitutes the complete and exclusive agreement between Snowbound and Licensee with respect to the subject matter hereof and supersedes all prior oral or written understandings, communications or agreements not specifically incorporated herein. This License Agreement may not be modified except in writing signed by authorized representatives of Snowbound and Licensee.

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