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12/2008

Powersim Software License Agreement


The enclosed software product (the Software) is owned by Powersim Inc. (Powersim). Subject to the provisions contained herein, this Agreement hereby grants you, either an individual or an entity to whom Powersim grants the license and who is responsible for complying with the contractual obligations of the License Agreement, a nonexclusive, limited, royalty-free, and non-transferable license to use the Software. You may use the Software solely for your personal or internal purposes, and for non-remunerated demonstrations (but not for sale or delivery) in connection with your personal or internal purposes. - If you have acquired a single license, the Software may be used by only one (1) user at a time. - If you have acquired multiple licenses, the Software may be used by a number of simultaneous users not exceeding the number of licenses. - You may make one copy of the Software solely for archival or backup purposes. RIGHTS The title, ownership right, and intellectual property rights of the enclosed software product shall remain in Powersim. The Software is provided for your internal use under this license. This license does not include the right to sublicense and therefore may not be assigned or transferred without the prior written consent of Powersim. LICENSE RESTRICTIONS You are subject to the restrictions set forth below. You shall not, and shall not permit any third party to: Modify or create any derivatives of the Software. Convert or adapt all or part of the Software in order to create software to perform the same or similar functions of the Software, or to replace any parts of the Software. Decompile, reverse engineer, or disassemble the Software or otherwise attempt to gain access to its source code or method of operation. Provide access to the Software, directly or indirectly, through a web or network application, except as explicitly permitted in writing by Powersim. LICENSE OPTIONS The following license options are provided for the Software: Stand-alone License. For stand-alone license, the Software may be installed and operated on one or more individual computers, provided that the Software is accessed and operated by one user at any time. In addition, the stand-alone license shall be used only in the country where the license is purchased, and use and access to the license is prohibited outside the licensed country unless the license has the contract to be used in more than one country, with the exception that licenses purchased in the United States of America or Canada can be used in either countries, and licenses purchased in any member countries of the European Union can be used in other member countries of the European Union. Network License. For network license, the License Manager of the Software may be installed on a single network server, and the Software may be installed either on the network server or on individual computers, and the number of users simultaneously operating and using the Software at any given time shall not exceed the number of network licenses purchased. In addition, both the License Manager and the Software shall be installed on and accessed from computers only in the country where the license is purchased, and use and access to the license is prohibited outside the licensed country unless the license has the contract to be used in more than one country, with the exception that licenses purchased in the United States of America or Canada can be used in either countries, and licenses purchased in any member countries of the European Union can be used in other member countries of the European Union. LIMITED WARRANTY For a period of 30 days from the date of the receipt of the Software, Powersim warrants that the Software, if operated as directed, will substantially achieve the functionality described in the documentation. Powersim also warrants that the media containing the Software is free from defects in materials and workmanship. However, -1www.powersimtech.com

12/2008 Powersim does not warrant that your use of the Software will be uninterrupted or that the operation of the Software will be error-free. Provided that you return the item with a copy of your receipt within the 30-day period, Powersim should, in its sole discretion, either (a) correct the non-conformance of the Software, or (b) replace the defected media and/or documentation, or (c) advise you how to substantially achieve the same functionality as described in the documentation through a procedure different from that set forth in the documentation, or (d) refund the license fee. LIMITATION OF LIABILITY Powersim makes no representation or warranty with respect to the adequacy or accuracy of this documentation or the Software which it describes. In no event will Powersim or its direct or indirect suppliers be liable for any damages whatsoever including, but not limited to, direct, indirect, incidental, or consequential damages of any character including, without limitation, loss of business profits, business information, or any and all other commercial damages or losses, or for any damages in excess of the license fee paid by you for the Software and documentation. Some states or jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitations or exclusions may not apply to you. TERMINATION This Agreement and your license to use the Software will automatically terminate without notice if you fail to comply with any provision of this Agreement. Upon termination, you should within ten (10) days return to Powersim all copies of the Software. You may also terminate this Agreement at any time by destroying all copies of the Software and documentations. All disclaimers of warrants and limitation of liability set forth in this Agreement shall survive any termination of this Agreement. GENERAL This software product is protected by applicable United States and International copyright laws and international treaty provisions.

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