DFTSIMULAB SOFTWARE LICENSE AGREEMENT ===================================== IMPORTANT- CAREFULLY READ THIS LICENSE AGREEMENT BEFORE USING THE SOFTWARE. USE OF ANY SOFTWARE ORDERED FROM DFTSIMULAB IS PERMITTED ONLY UNDER LICENSE WITH DFTSIMULAB. This license is a legal "Agreement" concerning the use of DFTSimuLab Software, "Software", between you, the end user, either individually or as an authorized representative of the company acquiring the license, and DFTSimuLab, Fremont, CA 94538, hereinafter "DFTSimuLab". The installation or use of any Software downloaded from or ordered from DFTSimuLab through E-mail indicates your complete and unconditional acceptance of all the terms and conditions set forth in this Agreement. If you do not agree to any of the conditions in this Agreement you must destroy the Software together with all copies. SOFTWARE LICENSE DFTSimuLab hereby grants a non-exclusive, non-transferable license to use the enclosed Software provided by DFTSimuLab in object code, only for your personal purposes within your organization, on the computer hardware or at the site for which an applicable license fee is paid, or as authorized by DFTSimuLab. This Software cannot be used for commercial purposes without written approval by DFTSimuLab. RESTRICTIONS ON USE AND OWNERSHIP You may copy the Software only as reasonably necessary for backup purposes and to support the authorized use. Each copy must include all notices and text files included in the top-level directory of the Software packages. All other copies of the Software are in violation of this Agreement. With this Agreement, you are granted the right to print copies of the documentation (available from our web and ftp site) for internal use. The purchase of a single user license grants the user the right to install the software on a maximum of three different computer systems or three instances of an operating system. This license is not for sale and you are not an owner of a copy of the Software. All ownership rights, title and intellectual property rights in and to the Software and documentation shall remain the sole and exclusive property of DFTSimuLab. You agree to abide by the copyright law and all other applicable laws of the United States. You acknowledge that the Software contains valuable confidential information and trade secrets of DFTSimuLab; therefore you agree not to modify the Software, or attempt to decompile, disassemble or reverse engineer the Software or assist or encourage any third party in doing so. You shall not make the Software available in any form to any person other than employees and contractors whose job performance requires access. You shall take appropriate action to ensure that any person permitted access to the Software does not disclose it or use it except as permitted by this Agreement. Benchmarks using this Software are permitted for personal use only. The benchmark results cannot be made public without written approval by DFTSimuLab. The outputs generated by this Software cannot be made public, sold or used for commercial purposes without written approval by DFTSimuLab. DISCLAIMER OF WARRANTY THE SOFTWARE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, WITH RESPECT TO ITS MERCHANTABILITY OR ITS FITNESS FOR ANY PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE ABILITY AND PERFORMANCE OF THE PROGRAM IS WITH YOU. DFTSimuLab does not warrant or guarantee that the functions contained in the Software will meet your requirements or that the operation of the Software will be uninterrupted, accurate or error free. DFTSimuLab does not warrant or claim that the Software can accurately simulate realistic casino conditions. You assume the entire cost of all necessary servicing, repair or correction and you rely on the results solely at your own risk. Some states do not allow the exclusion of implied warranties, so the above exclusion may not be applicable to you in whole or in part. LIMITATION OF REMEDIES IN NO EVENT WILL DFTSIMULAB BE LIABLE TO YOU FOR ANY LOST PROFITS, LOST SAVINGS, OR OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE ANY SOFTWARE. THIS APPLIES EVEN IF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. Some states do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not be applicable to you in whole or in part. In such cases, DFTSimuLab liability to you for actual damages for any cause whatsoever, and regardless of the form of the action, will be limited to the money paid for the Software license that caused the damages or that is the subject matter of, or is directly related to, the cause of action. TERM AND TERMINATION This Agreement will take effect upon downloading or receiving the Software through e-mail ordered by you and will remain in force until terminated. You may terminate it at any time by destroying the Software including all programs, license keys, documentation and source code files together with all copies. It will also terminate upon conditions set forth elsewhere in this Agreement or if you fail to comply with any of the terms or conditions of this Agreement. You agree upon such termination to destroy the Software together with all copies. SOFTWARE CHANGES AND PRICES DFTSimuLab reserves the right at any time not to release or to discontinue release of any Software and to alter prices, features, specifications, capabilities, functions, licensing terms, release dates, general availability or other characteristics of the Software. NO REFUND Because there are demo versions of the Software provided free of charge during a trial period to allow potential customers to evaluate and test the Software before paying the license fee, DFTSimuLab enforces a strict no-refund policy on all purchases of Software licenses and maintenance contracts. Please, evaluate and test the Software carefully during the trial period. Once you pay the license fee, your payment is final and you may not be reimbursed. GENERAL This Agreement will be governed by the laws of the state of California, USA. If any provision of this Agreement is held invalid, that provision will be enforced to the maximum extent permissible, and the remaining provisions of this Agreements shall remain in full force and effect. INSTALLATION You shall be responsible for the installation of the Software.