LICENSE AGREEMENT This License applies to software supplied in either source code or object code form ("Product"). The Product is licensed, not sold. By installing, copying, or otherwise using the Product, you agree to be bound by the terms of this License. GRANT OF LICENSE The License grants you the right to use and modify the source code ("Source Code") contained in the Product for the purposes of evaluating, designing, developing, and testing software products, and to reproduce and distribute the Source Code, along with any modifications thereof, provided that you agree: (1) to distribute the Source Code in source or object code form and only in conjunction with and as a part of a software application product developed by you that adds significant and primary functionality to the Source Code; (2) to indemnify, hold harmless, and defend the supplier of the Product from and against any claims or lawsuits, including attorney's fees, that arise or result from the use or distribution of your software application product. The License grants you the right to use the object code ("Object Code") contained in the Product for the purposes of evaluating, designing, developing, and testing software products, provided that you agree to indemnify, hold harmless, and defend the supplier of the Product from and against any claims or lawsuits, including attorney's fees, that arise or result from the use or distribution of your software application product. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS - You may not resell, or otherwise transfer the Product. - You may not reverse engineer, decompile, or disassemble the Product, except and only to the extent that such activity is expressly permitted by applicable law, notwithstanding this limitation. - You may not sell, rent, or lease the Product. - You may not use the Product in any way other than as expressly permitted under this License Agreement. - Without prejudice to any other rights, the supplier of the Product may terminate this License Agreement if you fail to comply with the terms and conditions of this License Agreement. In such event, you must destroy all copies of the Product and all of its component parts. COPYRIGHT The Product is protected by copyright and other intellectual property laws and treaties. MISCELLANEOUS This License Agreement is governed by the laws of the State of Virginia. Any action or suit relating to this License may be brought only in the courts of Virginia. DISCLAIMER OF WARRANTIES To the maximum extent permitted by applicable law, the supplier of the Product provides the Product AS IS AND WITH ALL FAULTS, and hereby disclaims all warranties and conditions, either express, implied or statutory, including, but not limited to, any implied warranties or conditions of merchantability, of fitness for a particular purpose, of lack of viruses, of results, and of lack of negligence or lack of workmanlike effort, all with regard to the Product. ALSO, THERE IS NO WARRANTY OR CONDITION OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION OR NON-INFRINGEMENT, WITH REGARD TO THE PRODUCT. THE ENTIRE RISK AS TO THE QUALITY OF OR ARISING OUT OF USE OR PERFORMANCE OF THE PRODUCT REMAINS WITH YOU. EXCLUSION OF INCIDENTAL, CONSEQUENTIAL, AND OTHER DAMAGES To the maximum extent permitted by applicable law, in no event shall the supplier of the Product be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits or confidential or other information, for business interruption, for personal injury, for loss of privacy, for failure to meet any duty including of good faith or of reasonable care, for negligence, and for any other loss whatsoever) arising out of or in any way related to the use of or inability to use the Product, or otherwise under or in connection with any provision of this agreement, even in the event of the fault, tort (including negligence), strict liability, breach of contract or breach of warranty of the supplier of the Product, and even if the supplier of the Product has been advised of the possibility of such damages. LIMITATION OF LIABILITY AND REMEDIES Notwithstanding any damages that you might incur for any reason whatsoever (including, without limitation, all damages referenced above and all direct or general damages), the entire liability of the supplier of the Product under any provision of this Agreement and your exclusive remedy for all of the foregoing shall be limited to the greater of the amount actually paid by you for the Product or U.S. $5.00. The foregoing limitations, exclusions and disclaimers shall apply to the maximum extent permitted by applicable law, even if any remedy fails its essential purpose.