VORTANT SOFTWARE LICENSE AGREEMENT This Software License Agreement (this "Agreement") is a legal agreement between you (either an individual or an entity) and Vortant Technologies LLC. By installing this program, by loading or running the tool, or by placing or copying the program onto your computer hard drive, you are agreeing to be bound by the terms of this Agreement. If you do not agree with these terms, do not install or use the software and immediately return the software to the place of purchase for a refund. VORTANT SOFTWARE LICENSE 1. Grant of License. Vortant Technologies LLC ("Licensor", Vortant", "us", "we", "our"), as the owner and title holder of the enclosed ViVo Mouse software program ("Software") and associated manuals ("Manual"), hereby grants you ("you" and "your" means an individual or single entity, the "Licensee") the right to use the Software. For purposes of this section, "use" means loading the Software into RAM, as well as installation on a hard disk or other storage device under the terms of this Agreement. Subject to the terms of this Agreement, Licensee has a non-exclusive, non-transferable license to use this copy of the Software solely in the following manner: Licensee has purchased a Single User License, Licensee may install the Software on one computer for use by a single user at one time. Licensee may physically transfer the Software from one computer to another, provided that the Software is installed on only one computer at a time.. 1a. Special License Provisions. The following provisions apply for some special licenses as described: Copy and transfer restrictions (alone) do not apply to trial versions of the Software. The trial version may be copied, loaded on a network, loaded on any number of computers, and used by any number of users. However, the trial version must be copied in its entirety as packaged by the Licensor and must, as a limited trial version for evaluation purposes, be represented as such, and not as freeware or as a full product. The trial version may not be sold except for a small duplication fee or as part of a collection clearly identified as a limited trial version. All other sections remain applicable to the trial version. If Licensee has purchased a Lendable Edition of the Software, the Software may be installed on only one computer for each lendable license obtained from Vortant, and Licensee may request each new lendable license only after the Software is no longer to be used under any previous lendable license. 2. Ownership. The Software is owned by Licensor and is protected by United States copyright laws and international treaty provisions. Therefore, subject to the terms of Section 1 above, Licensee must treat the Software like any other copyrighted material (e.g., a book or musical recording). 3. Other Restrictions. Licensee may not rent, lease, sublicense, or transfer the Software. Licensee may not, and will not permit others to reverse engineer, modify, decompile, disassemble, or create derivative works based upon the Software. Licensee may not remove, delete, or in any manner alter any copyright, trademark, and proprietary notices, labels, or marks on the Software or Manual. Licensee may not copy the Manual accompanying the Software. 4. Limited Warranty. Licensor warrants that if properly installed and operated on a computer for which it is designed, the Software will perform substantially in accordance with its designed purpose for a period of ninety (90) days from the date the Software is first obtained by an end-user. Licensor's entire liability and your exclusive remedy shall be, at Licensor's option, either (a) return of the retail price paid, if any, or (b) repair or replacement of the Software that does not meet Licensor's Limited Warranty. To make a warranty claim, return the Software to the point of purchase, accompanied by proof of purchase, your name, your address, and a statement of defect, or return the Software with the above information to Licensor. This Limited Warranty is void if failure of the Software has resulted in whole or in part from accident, abuse, misapplication or violation of this Agreement. Any replacement Software will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer. This warranty allocates risks of product failure between Licensee and Licensor. Licensor's product pricing reflects this allocation of risk and the limitations of liability contained in this warranty. 5. Disclaimers. Licensor and its suppliers disclaim all other warranties, either express or implied, including, but not limited to implied warranties of merchantability and fitness for a particular purpose, with regard to the Software and accompanying written materials, if any. This limited warranty gives LICENSEE specific legal rights. Licensee may have other rights which vary from state to state or country to country. Licensor does not warrant that the operation of the Software will be uninterrupted, error free or meet Licensee's specific requirements. The warranty set forth above is in lieu of all other express warranties whether oral or written. The agents, employees, distributors, and dealers of Licensor are not authorized to make modifications to this warranty, or additional warranties on behalf of Licensor. Additional statements such as dealer advertising or presentations, whether oral or written, do not constitute warranties by Licensor and should not be relied upon. The Software is not designed or licensed for use in hazardous environments or mission critical applications requiring fail-safe controls and it should not be used in any system that requires such controls. 6. Exclusive Remedies. You agree that your exclusive remedy against Licensor, its affiliates, contractors, suppliers, and agents for loss or damage caused by any defect or failure in the Software regardless of the form of action, whether in contract, tort, including negligence, strict liability or otherwise, shall be the return of the retail purchase price paid, if any, or replacement of the Software. This Agreement shall be construed in accordance with and governed by the laws of the State of North Carolina. Copyright and other proprietary matters will be governed by United States laws and international treaties. IN ANY CASE, VORTANT SHALL NOT BE LIABLE FOR LOSS OF DATA, LOSS OF PROFITS, LOST SAVINGS, PERSONAL INJURY, INJURY TO PROPERTY, SPECIAL, INCIDENTAL, CONSEQUENTIAL, INDIRECT OR OTHER SIMILAR DAMAGES ARISING FROM BREACH OF WARRANTY, BREACH OF CONTRACT, NEGLIGENCE, OR OTHER LEGAL THEORY EVEN IF VORTANT OR ITS AGENT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. 7. General Provisions. Neither this Agreement nor any part or portion hereof shall be assigned or sublicensed, except as described herein. Should any provision of this Agreement be held to be void, invalid, unenforceable or illegal by a court, the validity and enforceability of the other provisions shall not be affected thereby. If any provision is determined to be unenforceable, you agree to a modification of such provision to provide for enforcement of the provision's intent, to the extent permitted by applicable law. Failure of a party to enforce any provision of this Agreement shall not constitute or be construed as a waiver of such provision or of the right to enforce such provision. If you fail to comply with any terms of this Agreement, YOUR LICENSE IS AUTOMATICALLY TERMINATED. 8. Confidentiality. Software is confidential and proprietary information of Vortant and/or its licensors. User agrees to take adequate steps to protect Software from unauthorized disclosure or use. 9. Export Regulations. Software, including technical data, is subject to U.S. export control laws, including the U.S. Export Administration Act and its associated regulations, and may be subject to export or import regulations in other countries. User agrees to comply strictly with all such regulations and acknowledges that it has the responsibility to obtain licenses to export, re-export, or import Software. 10. Amendment. This Agreement may be amended only in writing, signed by both parties. Any attempted oral modification hereof shall be void and without any effect. 11. U.S. GOVERNMENT RESTRICTED RIGHTS. The Software is provided with RESTRICTED RIGHTS. Use, duplication or disclosure by the Government is subject to restriction as set forth in subparagraph(c)(1)(ii) of The Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs(c)(1) and (2) of the Commercial Computer Software--Restricted Rights at 48 CFR 52.227-19, as applicable. Manufacturer is Vortant Technologies LLC, Weaverville, NC USA. YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, YOU UNDERSTAND THIS AGREEMENT, AND UNDERSTAND THAT BY CONTINUING THE INSTALLATION OF THE SOFTWARE, BY LOADING OR RUNNING THE SOFTWARE, OR BY PLACING OR COPYING THE SOFTWARE ONTO YOUR COMPUTER HARD DRIVE, YOU AGREE TO BE BOUND BY THIS AGREEMENT'S TERMS AND CONDITIONS. YOU FURTHER AGREE THAT, EXCEPT FOR WRITTEN SEPARATE AGREEMENTS BETWEEN VORTANT AND YOU, THIS AGREEMENT IS A COMPLETE AND EXCLUSIVE STATEMENT OF THE RIGHTS AND LIABILITIES OF THE PARTIES. THIS AGREEMENT SUPERSEDES ALL PRIOR ORAL AGREEMENTS, PROPOSALS OR UNDERSTANDINGS, AND ANY OTHER COMMUNICATIONS BETWEEN VORTANT AND YOU RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.