KNOW THE UNKNOWN®

NIKSUN End User License Agreement
Definitions: “Licensed Software” means the NIKSUN software that has been activated by a license key provided byNIKSUN for the device, appliance or machine (“machine”) supplied by NIKSUN from which you are accessing thisAgreement. “Software Product” means, collectively, the Licensed Software, associated computer readable media, andany accompanying printed or electronic documentation.
License Grant: NIKSUN and its suppliers grant to Licensee a personal, revocable, nonsublicensable, nonexclusive,and nontransferable license to use the Licensed Software in object code form solely on a machine provided byNIKSUN and in the configuration provided by NIKSUN. Unless otherwise specified in a separate agreement orquotation, signed by NIKSUN, the license term shall be for ten (10) years. Licensee shall not reproduce in whole orin part, modify, prepare derivative works of, reverse engineer, decompile, disassemble, rent, lease, distribute, or sell
the Software Product except if such actions cannot be prohibited by law because they are essential for the purpose ofachieving inter-operability of the Licensed Software with another software program, and provided that: (A) prior toseeking to take such actions, the Licensee notifies NIKSUN of its inter-operability requirements and provides
NIKSUN with the opportunity to provide a solution on a time and materials basis that achieves inter-operability insteadof Licensee taking such actions; and (B) the information obtained by the Licensee during such activities is used only
for the purpose of achieving inter-operability of the Licensed Software with another software program, is not disclosed
or communicated to any third party without NIKSUN's prior written consent, and is not used to create any software
which is substantially similar to the Licensed Software. Licensee agrees not to ship or transmit (directly or indirectly)
any copies of the Software Product, or any technical data in the Software Product or its media, or any direct productthereof, to any country or destination prohibited by the United States government. The documentation that
accompanies the Licensed Software is licensed for Licensee’s internal, non-commercial reference purposes only.
Export Compliance: The rights and obligations of Licensee shall be subject to such United States laws and regulations
as shall from time to time govern the license and delivery of technology abroad by persons subject to the jurisdictionof the United States, including the Export Administration Act of 1979, as amended, any successor legislation to theExport Administration Act of 1979 and the Export Administration regulations issued by the Department of Commerce,International Trade Administration and Office of Export Administration. Licensee shall not, directly or indirectly,export, re-export or transship the NIKSUN Products or any parts or copies thereof in such manner as to violate suchlaws and regulations in effect from time to time. Licensee shall indemnify and hold harmless NIKSUN from andagainst any and all losses, claims and expenses incurred by NIKSUN as a result of the breach of Licensee's obligations
under this Section.
Software Rights: NIKSUN is the owner of all right, title and interest in and to Licensed Software. The Licensed
Software is a trade secret of NIKSUN, protected by U.S. and International Copyright Laws. The Licensed Software
is licensed, not sold. The Licensed Software embodies NIKSUN’s confidential and proprietary intellectual property.
Licensee shall not sublicense, assign, or otherwise disclose to any third party the Software Product, or any information
about the operation, design, performance, or implementation of the Software Product that is hereby deemed
confidential to NIKSUN, except that Licensee may permit its consultants, subcontractors, and agents to use theLicensed Software at Licensee‘s facility only if they have agreed in writing to use it under the terms of this Agreement.
Licensee shall ensure that any third party using or accessing the Licensed Software complies with the terms of thisAgreement and shall assume financial liability for any damages sustained by NIKSUN in connection with a third
party’s access or use of the Licensed Software.
Term: This Agreement is effective until terminated. Licensee may terminate this Agreement at any time by returning
to NIKSUN all copies of Licensed Software and documentation in any form. This Agreement will immediately
terminate without notice if Licensee fails to comply with any terms and conditions of this Agreement. Upon
termination, Licensee must return to NIKSUN all copies of the Licensed Software in any form. This Agreement does
not grant Licensee any rights to the trademarks or service marks of NIKSUN.
Disclaimer of Warranty and Limitation of Liability: NIKSUN warrants the media on which the Software Product isprovided to be free of defects in materials and workmanship for 90 days after delivery. Defective media may bereturned for replacement without charge during the 90-day warranty period unless the media has been damaged byaccident or misuse. Due to the complex nature of computer software, NIKSUN does not warrant that the Licensed
Software is completely error-free, will operate without interruption or is compatible with all equipment and software
configurations. Do not use the Licensed Software in any case where significant damage or injury to persons, property

KNOW THE UNKNOWN®
or business may happen if an error occurs. Licensee expressly assumes all risk for all use. Repair, replacement orrefund (at the option of NIKSUN) is the exclusive remedy if there is a breach of warranty.
NIKSUN AND ITS SUPPLIERS MAKE NO OTHER WARRANTIES, EXPRESSED OR IMPLIED, WITHRESPECT TO THE LICENSED SOFTWARE, INCLUDING ANY WARRANTY OF MERCHANTABILITY,NONINFRINGEMENT, OR FITNESS FOR ANY PARTICULAR PURPOSE. NIKSUN’S LIABILITY ARISINGOUT OF THIS AGREEMENT, SALE OF THE SOFTWARE PRODUCTS, OR PROVISION OF SUPPORTSERVICES SHALL BE LIMITED TO THE AMOUNT PAID FOR THE SOFTWARE PRODUCTS. IN NO EVENT,THROUGH THE EXISTENCE, FURNISHING, FAILURE TO FURNISH, OR USE OF ANY LICENSEDSOFTWARE, RELATED MATERIAL OR DEVICE, WILL NIKSUN OR ITS SUPPLIERS BE LIABLE FOR ANYSPECIAL, CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES INCLUDING, WITHOUTLIMITATION, LOSS OF DATA, LOSS OF INCOME, LOSS OF PROFITS, LOSS OF USE OR INFORMATION,HOWEVER CAUSED, ON ANY THEORY OF LIABILITY, REGARDLESS OF WHETHER NIKSUN HAS BEEN
ADVISED OF THE RISK OF SUCH DAMAGES IN ADVANCE.
Any suit or legal action relating in any way to this Agreement or to the Software Product must be officially filed orcommenced no later than one (1) year after the Software Product is purchased by Licensee. Some jurisdictions do notallow limitations on how long an implied warranty lasts, or to the exclusion or limitation of incidental or consequential
damages, so the above limitations or exclusions may not apply to Licensee. The warranties give Licensee specificlegal rights, and Licensee may have other rights, which may vary from jurisdiction to jurisdiction.
Governing Law: The validity, construction and performance of this Agreement are governed by the laws of the stateof New Jersey, USA, as if performed wholly within the state and without giving effect to the principles of conflict oflaw. Suit or arbitration with respect to this Agreement may be brought only in New Jersey, USA.
Entire Agreement: This Agreement sets forth the entire agreement and understanding of the parties relating to thesubject matter herein and merges all prior discussions between them. No modification of or amendment to thisAgreement, nor any waiver of any rights under this Agreement, shall be effective unless in a writing signed by the
party to be charged. This Agreement supersedes all prior and contemporaneous agreements, understandings,
negotiations, and discussions, whether written or oral. This Agreement may be executed in multiple counterparts, eachof which shall be deemed an original and all of which together shall constitute one instrument.
U.S. Government Restricted Rights: The Software Product is licensed only with “Restricted Rights.” Use,
reproduction or disclosure by the United States Government is subject to the restrictions set forth in Alternate III(g)(4)of the Rights in Data, General clause at 52.227-14, or subparagraphs (a) through (d) of the Commercial Computer
Software License clause at 52.227-19 of the Federal Acquisition Regulations, as applicable. For units of theDepartment of Defense (DoD), the Software Product is licensed and may be used only as provided by Section
227.7203-3(b), Defense Federal Acquisition Regulation Supplement (DFARS) or by the Technical Data - Commercial
Items clause at DFARS 252.227-7015, as applicable. The manufacturer of the Software Product is NIKSUN, Inc., 457
N. Harrison St., Princeton, NJ 08540. The Software Product is a trade secret of NIKSUN for purposes of the Freedomof Information Act.
If any provision of this Agreement is held illegal, invalid, or unenforceable, such provision will be deemed deleted
from this Agreement and will be replaced by a valid and enforceable provision which so far as possible achieves thesame objectives as the severed provision was intended to achieve. Such illegality, invalidity, or unenforceability shallhave no effect on the other provisions of this Agreement, and all other provisions of this Agreement shall remain valid,operative, and enforceable and will continue in full force and effect.
If you have any questions concerning this Agreement, you can contact NIKSUN, Inc. at 457 N. Harrison St., Princeton,
NJ 08540.