License Agreement for PMOD Analysis Tools: ------------------------------------------ PMOD Technologies LLC, Zurich, Switzerland (PMT) has the exclusive right to redistribute the PMOD software (PMOD). PMT is willing to license modules of the PMOD software according to the purchased configuration to the individual and/or business entity (YOU) under the terms of this Agreement. Please read the Agreement carefully. By installing the PMOD software, YOU accept the terms of this Agreement. 1. PERMITTED USE: YOU may install PMOD onto a limited number of computers. Stand-alone PMOD licenses are single-user programs and therefore may only be started by a single user at any time. Network PMOD licenses may only be concurrently used as many times as client licenses have been purchased. 2. USES NOT PERMITTED: PMOD is a research tool and has no approval for clinical usage. PMOD and data obtained using PMOD may therefore not be used for clinical purposes. YOU may not rent, lease, lend or sub-license the PMOD software, related materials or your rights under this Agreement. YOU may not install PMOD in a network arrangement which makes it freely accessible to the public. YOU may not alter, decompile, disassemble or reverse engineer PMOD, or make any attempt to unlock or bypass the PMOD license protection system. 3. DISCLAIMER OF WARRANTY: Unless specified in this Agreement, all express or implied conditions, representations and warranties, including any implied warranty of merchantability, fitness for a particular purpose or non-infringement are disclaimed, except to the extent that these disclaimers are held to be legally invalid. 4. LIMITATION OF LIABILITY: To the extent not prohibited by law, in no event will PMT be liable for any lost revenue, profit or data, or for special, indirect consequential, incidental or punitive damages, however caused regardless of the theory or liability, arising out of or related to the use of or inability to use the PMOD software, even if PMT has been advised of the possibility of such damages. In no event will PMT's liability to YOU, whether in contract, tort (including negligence), or otherwise, exceed the amount paid by YOU for the PMOD software under this Agreement. 5. NON-ASSIGNABILITY: The parties agree that their rights and obligations under this Agreement may not be transferred or assigned to a third party without a prior written consent of the other party thereto. 6. SEVERABILITY OF PROVISIONS: In case any provision hereof should be held invalid or unenforceable, the validity and enforceability of the remaining provisions shall not be affected. Any invalid or unenforceable provision shall be replaced with such new provision which will allow the parties hereto to achieve the intended result in a legally valid and effective manner. 7. APPLICABLE LAW: This Agreement shall be subject to Swiss substantive law with the exclusion of the collision of law principles. 8. JURISDICTION: All disputes arising out or in connection with this Agreement, including disputes on its conclusion, binding effect, amendment and termination, shall be resolved by the ordinary courts in Zurich, Switzerland.