KINETIC JUMP SOFTWARE, LLC.
END USER SOFTWARE LICENSE AGREEMENTIMPORTANT - PLEASE READ CAREFULLY BEFORE DOWNLOADING, INSTALLINGOR USING ANY PART OF THIS INTERACTIVE SOFTWARE PRODUCT. THIS IS ALEGAL DOCUMENT THAT STATES THE TERMS AND CONDITIONS THAT GOVERNYOUR USE OF THE PRODUCT. BY DOWNLOADING, INSTALLING OR USING THISSOFTWARE, OR BY USING ANY PART OF IT, YOU ACKNOWLEDGE THAT YOU
HAVE READ THIS AGREEMENT, UNDERSTAND IT AND AGREE TO BE LEGALLYBOUND BY ITS TERMS.
Kinetic Jump Software, LLC will license this product to you, the licensee (“you” or “Licensee”)
only if you accept all of the terms of this end user software license agreement (this “Agreement”).
Kinetic Jump Software, LLC provides its software and licenses its use either directly or throughauthorized dealers. You assume responsibility for the selection of software to achieve yourintended results, and for the installation, use and results obtained from the software.
1. Grant of License. Subject to the terms of this Agreement, Kinetic Jump Software, LLC
hereby grants to you a non-exclusive and non-transferable license (without any right tosublicense), the software program in machine-readable object code form contained in the media(the “Program”), (ii) the associated written documentation provided by Kinetic Jump Software,
LLC (the “Documentation”), and (iii) any updates, revisions or upgrades of the Program or theDocumentation provided to you by Kinetic Jump Software, LLC or its authorized reseller (eachan “Update”) (the Program, the Documentation and any Update collectively the “Product”). If
you receive replacement or backup media containing the Program, you may only use it to in fact
replace the primary media and may not transfer the original media to any other individual orcomputer. All rights not expressly granted to you herein are hereby reserved by Kinetic Jump
Software, LLC.
2. Scope of Use. You may install the Product on a single computer for individual use, so longas a licensed user is using the software. In addition, you shall not, nor permit any party to: (i)sell, lease, sublicense, distribute, or otherwise transfer the Product to any person, firm, or entity;or (ii) copy, modify, adapt, translate, decompile, disassemble create or attempt to create, byreverse engineering or otherwise, the source code from any object code supplied hereunder,except you may make one copy of the Program in object code form as supplied, solely for
backup or archival purposes. Portions of the Product may not be used independently of theProduct. Single Users: Notwithstanding the foregoing, if you have purchased a single-userLicense, the Product may not be used concurrently on more than one computer or processor
unless you purchase additional licenses for each additional concurrent use.
3. Ownership. This is a license agreement and NOT an agreement for sale. All worldwide
Intellectual Property Rights that are embodied in or related to the Product are, and at all times
shall remain, the sole and exclusive property of Kinetic Jump Software, LLC, whether or not
specifically recognized or protected under local laws. For purposes of this Agreement, the term
“Intellectual Property Rights” means, collectively, rights under patent, trademark, copyright andtrade secret laws, and any other intellectual property or proprietary rights recognized in any
country or jurisdiction worldwide, including, without limitation, moral rights and similar rights.
You may not delete, alter, cover, or distort any copyright, trademark, or other proprietary rights
notice placed by Kinetic Jump Software, LLC on or in the Product.

4. Limited Warranty, Remedies and Disclaimer of Warranty. Kinetic Jump Software,
LLC warrants that the media containing the Product shall be free from defects in materials andworkmanship under normal use and service for a period of ninety (90) days from the date ofshipment to you (the “Warranty Period”). If a defect in such media appears during theWarranty Period, your sole and exclusive remedy and Kinetic Jump Software, LLC’s soleliability under this warranty is the replacement of defective media. To receive a replacementfor defective media, you must return the defective media during the Warranty Period to the placeof purchase. Except for the foregoing express warranty, the Product is licensed to you on an“AS IS” basis without any warranty whatsoever. No services, training, support or maintenance isprovided to you by Kinetic Jump Software, LLC under this Agreement. Kinetic Jump Software,LLC EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, NOTEXPRESSLY STATED IN THIS SECTION 4, INCLUDING WITHOUT LIMITATION, ANYWARRANTY OF TITLE, INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR APARTICULAR PURPOSE. SOME STATES AND COUNTRIES DO NOT PERMIT THEEXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOTAPPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOUMAY HAVE OTHER RIGHTS WHICH VARY BY STATE OR COUNTRY.
5. Limitation of Liability. IN NO EVENT SHALL KINETIC JUMP SOFTWARE, LLC BE
LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL,INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF PROFITS)
EVEN IF KINETIC JUMP SOFTWARE, LLC HAS BEEN ADVISED OF THE POSSIBILITYOF SUCH DAMAGES. KINETIC JUMP SOFTWARE, LLC’S LIABILITY SHALL BE
LIMITED IN THE AGGREGATE TO A REFUND OF THE PURCHASE PRICE OF THEPRODUCT THAT GAVE RISE TO THE CLAIM. IN NO EVENT SHALL KINETIC JUMPSOFTWARE, LLC BE LIABLE FOR YOUR COST OF PROCURING SUBSTITUTE GOODS.
6. Export Restrictions. You agree to comply at all times with the provisions of all
applicable laws and regulations regarding export controls or technology transfer restrictions of
any applicable jurisdiction, including without limitation those of the United States Departmentsof Commerce and State.
7. Government Rights. Products furnished to the United States or any state or local
government are provided on these commercial terms and conditions.
8. General Provisions. This Agreement and its license shall automatically terminate upon
failure by you to comply with any of its terms, or if you voluntarily return the Product to Kinetic
Jump Software, LLC or the place of purchase. This Agreement will be governed by the laws inforce in the state of Minnesota excluding its conflict of law rules and exclusive venue for any
litigation shall be in Minnesota. This Agreement will not be governed by the United Nations
Convention on Contracts for the International Sale of Goods, the application of which isexpressly excluded. If any part of this Agreement is found void and unenforceable, it will notaffect the validity of the balance of the Agreement, which shall remain valid and enforceableaccording to its terms. This Agreement may only be modified in a writing referencing thisAgreement and duly signed by an authorized officer of Kinetic Jump Software, LLC. This
Agreement constitutes the entire agreement between you and Kinetic Jump Software, LLC
relating to the Product, and supersedes any prior purchase order, communications, advertising orrepresentations concerning the Product.