SINGLE USER SOFTWARE LICENSE

This is a COPY of the Single-User Software License Agreement provided with your software and does not constitute proof of license. The License Agreement is a legal agreement between you (either as an individual or entity) and GSI Environmental Inc., Houston, Texas ("GSI"). By using any of the Licensed Materials (as defined below), you affirm that you are a licensed user and agree to be bound by the terms and conditions of this Agreement.

1. Grant of License. This GSI Environmental Inc. License Agreement ("License") permits you to use (a) one copy of the specified version of the GSI software product identified on reverse (which may include user documentation provided in "online" or electronic form), on any single computer, provided such software is in use on only one computer at any time, and (b) one copy of the printed materials identified on reverse and the other printed materials delivered to you in connection with the software identified on reverse (collectively, such software product, user documentation and printed materials are referred to herein as the "Licensed Materials"). If you have multiple Licenses for the Licensed Materials, then at any time you may have as many copies of the Licensed Materials (or portions thereof) in use as you have Licenses. The software included in the Licensed Materials is "in use" on a computer when it is loaded into the temporary memory (i.e., "RAM") or installed into the permanent memory (e.g., hard disk, CD-ROM or other storage device) of that computer, except that a copy installed on a network server for the sole purpose of distribution to other computers is not "in use." If the anticipated number of users of the Licensed Materials will exceed the number of applicable Licenses, then you must have a reasonable mechanism or process in place to ensure that the number of persons using the Licensed Materials concurrently does not exceed the number of Licenses.

2. Copyright. The Licensed Materials (including without limitation any images and text included in or incorporated into the Licensed Materials) are owned by GSI and are protected by United States copyright laws and international treaty provisions Therefore, you must treat the Licensed Materials like any other copyrighted material except that you may either (a) make one copy of the computer software included in the Licensed Materials solely for backup or archival purposes or (b) transfer such computer software to a single hard disk provided you keep the original solely for backup or archival purposes. You may not copy the printed materials included in or incorporated into the Licensed Materials.

3. Certain Other Restrictions and Obligations. This License is your proof of license to exercise the rights granted herein and must be retained by you. You may not rent, lease, loan, sell, sublicense or transfer, either temporarily or permanently, the Licensed Materials or any portion thereof without the prior written consent of GSI. You may not reverse engineer, decompile or disassemble the Licensed Materials or any portion thereof except to the extent that the foregoing restriction is expressly prohibited by applicable law. You also agree to take all necessary steps to protect the Licensed Materials from theft or use contrary to the terms of this License, and you agree not to create derivative works from the Licensed Materials and not to use or attempt to obtain any technique, algorithm, process, trade secret or proprietary information contained in the Licensed Materials.

4. Limited Warranty. GSI warrants that (a) subject to the provisions of this paragraph 4, the computer software included in the Licensed Materials will perform substantially in accordance with the accompanying printed materials for a period of ninety (90) days from the date of receipt and (b) any computer hardware included in the Licensed Materials will be free from defects in materials and workmanship under normal use and service for a period of 180 days from the date of receipt. Any implied warranties on the Licensed Materials or any portion thereof are limited to ninety (90) days. Some states or other jurisdictions do not allow limitations on duration of an implied warranty so the above limitation may not apply to you. To the maximum extent permitted by applicable law, GSI disclaims all other warranties, either express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose, with respect to the Licensed Materials (including without limitation the computer software and hardware and all written materials included or incorporated therein). In addition, GSI does not represent, warrant or guarantee (i) that analyses or reports created based on any of the Licensed Materials will result in a complete or correct risk-based analysis for any site, (ii) that the Licensed Materials conform to the laws, rules or regulations of any state, political subdivision or other governmental authority, agency or other body or (iii) that any analyses or reports using the Licensed Materials will conform to any such laws, rules or regulations. This limited warranty gives you specified legal rights. You may have others, which vary from jurisdiction to jurisdiction.

5. Customer Remedies. GSI's entire liability and your exclusive remedy shall be, at GSI's option, either (a) return of the price paid or (b) repair or replacement of the Licensed Materials or portion thereof that does not meet the Limited Warranty set out above and that is returned to GSI with a copy of your receipt. This Limited Warranty is void if failure of the Licensed Materials has resulted from accident, abuse or misapplication. Any replacement Licensed Materials will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer. Neither these remedies nor any product support services offered by GSI are available without proof of purchase from an authorized source.

6. No Liability for Consequential and Other Damages. To the maximum extent permitted by applicable law, in no event shall GSI or its suppliers, agents or affiliates be liable for any damages whatsoever (including without limitation direct, indirect, consequential, incidental, special or exemplary damages, loss of business profits, business interruption, loss of business information or other pecuniary loss) arising out of the use or inability to use the Licensed Materials or any portion thereof, even if GSI has been advised of the possibility of any such damages. Because some jurisdictions do not allow the exclusion or limitation of liability for consequential, incidental or certain other damages, the above limitation may not apply to you.

7. U.S. Government Restricted Rights. The software included in the Licensed Materials is 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 GSI Environmental Inc., 2211 Norfolk, Suite 1000, Houston, Texas 77098-4044.

8. General Conditions. The termination of this License shall not affect the provisions of this License, which terms and meaning are of a continuing nature. This License may only be modified by written agreement. If any provision of this License is held illegal, invalid, void or unenforceable, the remaining provisions shall remain in full force and effect.

9. No Obligation to Update. The Licensed Materials and the information included therein are subject to change without notice. GSI disclaims any responsibility or obligation to update you with regard to any such change.

10. Applicable Law. If you acquired this product in the United States, this License is governed by the laws of the State of Texas. If you acquired this product outside the United States then, to the maximum extent permitted by local law, the laws of the State of Texas shall apply and otherwise, local law may apply.

GSI Environmental Inc.

2211 Norfolk, Suite 1000

Houston, TX 77098-4044

(713) 522-6300


Copyright 2008 GSI Environmental Inc.
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