GOSSAMER THREADS INC. END USER PRODUCT LICENSE AGREEMENT IMPORTANT: READ THIS LICENSE BEFORE INSTALLING THE SOFTWARE This software product (the "Software") and the accompanying documentation (the "Documentation") (together, the "Product") are provided only under license from Gossamer Threads Inc. ("GTI") to its customers for their use only as set forth in this Agreement. You should carefully read the following terms and conditions before downloading, installing and using the Software or using the Documentation. Installing or otherwise using any part of the Software indicates that you accept these terms and conditions. If you do not agree with the terms and conditions of this Agreement, do not download, install or otherwise use the Software and do not click on the "I agree" or similar button. If you have received the Product on physical media, return the entire product with the software and documentation unused to the supplier where you obtained it. 1. License: GTI grants you a personal, non exclusive, transferable license to use the Software in executable form and the Documentation, subject to the terms and restrictions set forth in this Agreement. You are not permitted to lease, rent, distribute, publish or sub license the Software or the Documentation or to use any part of the Product in a time sharing arrangement or in any other unauthorized manner provided that you may transfer the Product to another person as long as you remove all copies from your computers. GTI does not grant you any license in the source code of the Software. This Agreement does not grant you any rights to patents, copyrights, trade secrets, trademarks or any other rights with respect to the Product. 2. Permitted Use. You are authorized to have, at any time while this license is valid, one installation of the Software for one domain only, and you may remove the Software from one server and install it on another as long as it is running on only one server for one domain only at any time. 3. Backup and Copyright Notices. You may reproduce one copy of the Software and the Documentation for backup or archive purposes. Any such copies must contain GTI's and its licensors' proprietary rights and copyright notices in the same form as on the original. You agree not to remove or deface any portion of any legend provided on any licensed program or documentation delivered to you under this Agreement. 4. Modification. You may make unlimited modifications to the Software for your own internal use only, but any support obligations of GTI with respect to the Software will be terminated if you do so. 5. LIABILITY LIMITATIONS. IN NO EVENT WILL GTI BE LIABLE TO YOU OR TO ANY OTHER PARTY FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF THE SOFTWARE, THE DOCUMENTATION OR ANY DERIVATIVES THEREOF, EVEN IF GTI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. GTI SPECIFICALLY DISCLAIMS ANY WARRANTIES, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE SOFTWARE AND THE DOCUMENTATION ARE PROVIDED ON AN "AS IS" BASIS, AND GTI HAS NO OBLIGATION TO PROVIDE MAINTENANCE, SUPPORT, UPDATES, ENHANCEMENTS OR MODIFICATIONS EXCEPT AS SPECIFICALLY AGREED UPON. 6. Ownership. You acknowledge and agree that the structure, sequence and organization of the Software are valuable trade secrets of GTI and that you will hold such trade secrets in confidence. You further acknowledge and agree that ownership of and title to the Product and all subsequent copies thereof, regardless of the form or media, are held by GTI. 7. Indemnity. You will indemnify and save GTI harmless from any and all actions, damages, liabilities, charges, claims and associated expenses ("Claims") against or incurred by GTI in any way connected with your use of the Product, whether such Claims are by you or by any third parties as a result of or related to your use of the Software 8. Termination. The licenses granted hereunder are perpetual unless terminated earlier as specified below. You may terminate the licenses and this Agreement at any time by destroying the Software and the Documentation together with all copies and merged portions in any form. The licenses and this Agreement will also terminate immediately and automatically without notice if you fail to comply with any term or condition of this Agreement. Upon such termination you agree to destroy the Software and the Documentation, together with all copies and merged portions in any form. GTI will not be liable for any refund to you on termination of this Agreement for any reason. 9. Government Use. If you are acquiring the Software on behalf of the U.S. government, the Government shall have only "Restricted Rights" in the Software and the Documentation as defined in clause 52.227 19(c)(2) of the U.S. Federal Acquisition Regulations. 10. Severability. If any provision of this Agreement is found to be invalid, illegal or unenforceable, the validity, legality and enforceability of any of the remaining provisions shall not in any way be affected or impaired and a valid, legal and enforceable provision of similar intent and economic impact shall be substituted therefor. 11. Entire Agreement: This Agreement sets forth the entire understanding and agreement between you and GTI and supersedes all prior agreements with respect to the Product. GTI may change the terms of this Agreement by electronic notice to you. 12. Governing Law. This Agreement shall be governed by the laws of the Province of British Columbia and the federal laws of Canada applicable therein excluding its conflicts of laws principles and excluding the United Nations Convention on Contracts for the International Sale of Goods.