END USER LICENSE AGREEMENT EiffelStudio Integrated Development Environment, Enterprise Edition Carefully read all of the terms and conditions of this agreement prior to opening or downloading the software package, or starting its installation procedure. Opening or downloading the software package, or starting its installation procedure, indicates your acceptance of these terms and conditions. This software agreement governs your use of EiffelStudio Integrated Developmen t Environment, Enterprise Edition (hereinafter referred to as EiffelStudio) from Interactive Software Engineering, Inc., a California Corporation with offices in Goleta, California 93117, doing business as Eiffel Software (hereinafter Eiffel Software). By using the enclosed EiffelStudio software package, you agree to the following terms and conditions; 1. GRANT OF LICENSE Eiffel Software grants to you a nonexclusive, nontransferable temporary license to use EiffelStudio solely on the number of computer system(s) designated on your purchase order or invoice. 2. PERMITTED USES a) You may use the EiffelStudio software solely on the number of computer system(s) for which it is purchased. In addition, if the license is for a company of which you are an employee, you may use the EiffelStudio software on one personal (home or laptop) computer for each designated company computer system, provided that personal computer is used by the same user as the company computer, and not concurrently with it. b) You shall not make or distribute copies of the EiffelStudio software, or electronically transfer the EiffelStudio software from one computer to another or over a network. c) You may not alter, merge, modify, adapt or translate the EiffelStudio software, or decompile, reverse engineer, disassemble, or otherwise reduce the EiffelStudio software to a human-perceivable form. d) You shall not sell, rent, lease, or sublicense the EiffelStudio software. e) You shall not modify the EiffelStudio software or create derivative works based upon the EiffelStudio software. 3. PROPERTY RIGHTS a) EiffelStudio is copyrighted by Eiffel Software and proprietary to Eiffel Software, and Eiffel Software remains title and ownership of EiffelStudio, and all copies of EiffelStudio, including the copy of EiffelStudio recorded on delivery media. b) This is not a sale of EiffelStudio or any copy. You agree to take all reasonable steps to protect EiffelStudio against unauthorized use or copy. You agree not to make copies of EiffelStudio or EiffelStudio documentation or part thereof other, except possibly as required by backup procedures compatible with industry standards and the enforcement of Eiffel Software's proprietary rights. You must reproduce and include any copyrights, trademark notices and the legends on the backup copy. You must maintain an accurate record of the location of the backup copy at all times. 4. LIMITED WARRANTY The EiffelStudio software and user manuals are provided "as is" without warranty of any kind, either express or implied, including, but not limited to the implied warranties of merchantability and fitness for a particular purpose. The entire risk as to the quality and performance of the EiffelStudio software and user manuals is with you. 5. EXPORT a) You shall not, without the prior written consent of Eiffel Software, transmit EiffelStudio directly or indirectly to any company inside or outside the United States. b) You hereby warrant to Eiffel Software that you have no intention to and will not, without prior written consent, if required, of the Office of Export Administration of the United States Department of Commerce, Washington, D.C. 20230 transmit directly or indirectly (i) EiffelStudio, or (ii) any immediate product (including services produced directly by use of EiffelStudio) to countries as prohibited by the U.S. Federal government. 6. TERM a) The license is effective until terminated. You may terminate the license at any time by destroying the software and its documentation with all copies or modifications in any form. b) Upon providing you with thirty (30) days written notice, Eiffel Software may terminate all rights provided under this agreement upon your failure to fulfill any one or more of the terms, conditions and/or obligations imposed by this agreement. Said notice to you shall breach this agreement and you shall have a one (1) month period in which to cure any breach to the satisfaction of Eiffel Software. In the event the breach is not cured by you, you shall deliver to Eiffel Software all software and materials provided under this agreement, shall make all licensed software that may be stored in any storage unusable, and shall certify to Eiffel Software in writing that the same has been completed within that thirty (30) days period. Eiffel Software shall have no obligation to refund any monies paid under this agreement. 7. NO OTHER RIGHTS Eiffel Software warrants solely that it grants the rights as provided herein. No license or right relevant to any patent or trademark is herein to be construed as conferred upon you by Eiffel Software by implication or estoppels or any other basis. This is regardless as to whether the rights granted hereunder utilize invention within existing patent to be issued subsequent to the date of this agreement. 8. MISCELLANEOUS PROVISIONS a) All correspondence shall be directed to Eiffel Software at the following address: Customer Service Department Eiffel Software 5949 Hollister Avenue, Goleta, CA 93117 USA tel. (805) 685-1006, fax. (805) 685-6869 or through the world-wide Web at https://support.eiffel.com b) This agreement shall succeed any previous agreement relevant to the subject between the parties and shall be controlling. c) The terms and conditions of this agreement shall be interpreted and enforced according to the laws of the State of California and shall be subject to the appropriate jurisdiction in and of the county of Santa Barbara, California, U.S.A. 9. ACKNOWLEDGEMENT By opening the software diskette, CD or tape package, or downloading the software package or starting the installation procedure, you acknowledge that you have read this agreement, understand it, and agree to be bound by its terms and conditions. You also agree that this agreement is the complete and exclusive statement of agreement between the parties and supersedes all proposals of prior agreements, oral or written, and any other communication between the parties relating to the subject matter of this agreement.