BYTE-force LLC EVALUATION LICENSE PLEASE READ THIS LICENCE AGREEMENT CAREFULLY BEFORE INSTALLING OR USING THE FORCE-FIELD SOFTWARE. Contact input@byte-force.com if clarification of this license is required. These terms and conditions (the "Terms") of this license agreement (the "Agreement") govern your use of the evaluation version of the Force-Field software (the "Software"). If you do not agree with these Terms, do not install or use the Software. If you install the Software or use or attempt to use the Software, you are taken to have read, understood and agreed to be bound by these Terms. IMPORTANT: Please be aware that the Force-Field software is provided for evaluation purposes only and may be programmed to cease functioning on certain conditions. 1. AVAILABLE ONLY FOR EVALUATION PURPOSES 1.1 The Software is made available without charge in order to enable you to evaluate the Software. 1.2 You must not use the Software for any commercial purpose. 1.3 You acknowledge that all feedback including without limitation any materials, fixes, error corrections, enhancements or suggestions provided by you to BYTE-force shall be the property of BYTE-force and may be used by BYTE-force for any purpose. BYTE-force provides no assurance that your feedback will be used to correct any bugs or errors in the Software. 2. WARRANTIES, DISCLAIMERS AND DISCLOSURES 2.1 The Software is provided "as is" without any warranty of any kind, express or implied, including but not limited to any warranties of merchantability or fitness for a particular purpose. BYTE-force does not warrant that the functionality of the Software will meet your requirements, that the operation of the Software will be uninterrupted or error-free, or that defects in the version of the Software downloaded will be corrected by BYTE-force. BYTE-force does not warrant or make any representations regarding the use or the results of the use of the Software in terms of the completeness, accuracy, reliability or otherwise. 3. LIABILITY 3.1 You agree to assume the entire risk as to the quality and performance of the Software. BYTE-force shall not be liable for any direct, indirect, incidental, special or consequential damages, including but not limited to damages for loss of profits, savings or data or wasted expenditure arising from the use or inability to use the Software. 4. OWNERSHIP AND LICENCE 4.1 All rights, title and interest including intellectual property in the Software, including all images incorporated into the Software are, and will remain, vested in BYTE-force. 4.2 BYTE-force grants you a non-exclusive, non-transferable license for the term of this Agreement, to use the Software only for the purpose of evaluating the functionality of the Software. You must not use the Software for commercial purposes or any purpose resulting in commercial gain of any kind whatsoever. 4.3 Except as permitted by law or as expressly permitted in this Agreement, you: (a) may make one copy of the Software for backup purposes only; (b) must not reverse assemble, reverse engineer or reverse compile, alter, modify, adapt, disassemble, decrypt or create alternate or derivative works of the Software or any part thereof; (c) must not sub-license, loan, sell, or transfer the Software or any part thereof to any other person; (d) must not copy the Software in a way not specifically permitted herein; and (e) must not use the Software for any purpose other than the non-commercial purpose of evaluating the functionality of the Software. 4.4 Notwithstanding any other clause of this Agreement, you may use and modify the Software in conjunction with and as part of new software applications created by you, provided that you do not distribute any modified version of the Software or any new software application incorporating the Software or any modified version of the Software without the express written consent of BYTE-force. 4.5 BYTE-force reserves any rights not expressly granted to you. 5. SECURITY 5.1 You will be solely responsible for the use, management and control of the Software during the term of this Agreement. 6. SUPPORT 6.1 No support or maintenance is provided with the Software. 6.2 However, BYTE-force may assist you where it can and all feedback is appreciated. 7. PERFORMANCE OR BENCHMARK TESTING 7.1 You will not disclose the results of any performance or benchmark testing in respect of the Software to any third party without the express written consent of BYTE-force. 8. TERMINATION 8.1 This Agreement is effective until terminated. The Agreement may be terminated by BYTE-force immediately without notice for any reason, including but not limited to any breach by you of any Term of this Agreement. 8.2 Upon termination, you must delete or destroy the Software and all copies thereof. 9. LEGAL PROCEEDINGS - JURISDICTION AND APPLICABLE LAW 9.1 BYTE-force may take legal proceedings against you or third parties if there is any actual, threatened or suspected breach of this Agreement, including proceedings for an injunction to restrain such breach. 9.2 This Agreement shall be construed, governed by and interpreted in accordance with the laws of the Russian Federation, and you agree to submit to the jurisdiction of the Arbitration Court at Chamber of Commerce, Moscow. 10. SOFTWARE 10.1 Components supplied as part of this evaluation package: ForceField.dll lsd4.Database.dll forcefield.sql FFAdmin.exe FFAdmin.exe.config