SOFTWARE LICENSE AGREEMENT

BEBIG Plaque Simulator

Introduction

Please read this SOFTWARE LICENSE AGREEMENT (Agreement) carefully before using the software. By clicking on the "AGREE" button, opening the package, or using the equipment that contains this product, you are consenting to be bound by the Agreement. If you do not agree to all of the terms of this agreement, click the "QUIT" button and the installation process will not continue.

Part 1: Single User License Grant

Eckert & Ziegler BEBIG GmbH ("BEBIG") and its suppliers grant to Customer ("Customer") a nonexclusive and non-transferable license to use the BEBIG Plaque Simulator ("Software") for the Purpose (as defined below) in machine readable object code form solely on a single central processing unit owned or leased by Customer. Software includes any subsequent error corrections or updates to the extent available in accordance with BEBIG's release schedule for a period of one (1) year from the date of shipment.

CUSTOMER MAY USE THE SOFTWARE FOR TRAINING PURPOSES ("PURPOSE") ONLY. CUSTOMER EXPRESSLY ACKNOWLEDGES THAT THE SOFTWARE IS NOT APPROVED AS MEDICAL DEVICE BY ANY NATIONAL OR INTERNATIONAL AUTHORITY IN ACCORDANCE WITH APPLICABLE REGULATIONS FOR MEDICAL DEVICES (e.g. E.U. DIRECTIVES 90/385/EEG AND 92/43/EEG OR FDA REGULATIONS) AND SHALL NOT BE USED FOR THE TREATMENT OF HUMAN SUBJECTS. IN CASE OF INTENDED USE IN HUMAN SUBJECTS CUSTOMER SHALL UTILISE MEDICAL METHODS TO CONTROL THE RESULTS, SIMULATED BY THE SOFTWARE.

Customer may make one archival copy of the Software provided. Customer affixes to such copy all copyright, confidentiality, and proprietary notices that appear on the original. Except as expressly authorized before, customer shall not: copy, in whole or in part, software or documentation; modify the software; reverse compile or reverse assemble all or any portion of the software; or rent, lease, distribute, sell, or create derivative works of the Software.

Customer agrees that aspects of the licensed materials, including the specific design and structure of individual programs, constitute trade secrets and/or copyrighted material of BE-BIG. Customer agrees not to disclose, provide, or otherwise make available such trade se-crets or copyrighted material in any form to any third party without the prior written consent of BEBIG. Customer agrees to implement reasonable security measures to protect such trade secrets and copyrighted material. Title to Software and documentation shall remain solely with BEBIG.

Part 2: Limited Warranty

BEBIG warrants that for a period of twelve months from the date of shipment from BEBIG: (i) the media on which the Software is furnished will be free of defects in materials and work-manship under normal use; and (ii) the Software substantially conforms to its published specifications.

Except for the foregoing, the Software is provided AS IS. This limited warranty extends only to Customer as the original licensee. Customer's exclusive remedy and the entire liability of BEBIG and its suppliers under this limited warranty will be, at BEBIG or its service centre's option, repair, replacement, or refund of the Software if reported (or, upon request, returned) to the party supplying the Software to Customer. In no event does BEBIG warrant that the Software is error free or that Customer will be able to operate the Software without problems or interruptions.

This warranty does not apply if the software (i) has been altered, except by BEBIG, (ii) has not been installed, operated, repaired, or maintained in accordance with instructions supplied by BEBIG, (iii) has been subjected to abnormal physical or electrical stress, misuse, negli-gence, or accident, or (iv) is used in ultrahazardous activities.

Except as specified in this warranty, all express or implied conditions, representations, and warranties including, without limitation, any implied warranty of merchantability, fitness for a particular purpose, non-infringement or arising from a course of dealing, usage, or trade practice, are hereby excluded to the extent allowed by applicable law.

In no event will BEBIG or its suppliers be liable for any lost revenue, profit, or data, or for special, indirect, consequential, incidental, or punitive damages however caused and regard-less of the theory of liability arising out of the use of or inability to use the software even if BEBIG or its suppliers have been advised of the possibility of such damages.

In no event shall BEBIG's or its suppliers' liability to Customer, whether in contract, tort (in-cluding negligence), or otherwise, exceed the price paid by Customer. The foregoing limita-tions shall apply even if the above-stated warranty fails of its essential purpose.

Part 3: Term and Termination

This License is effective until terminated. Customer may terminate this License at any time by destroying all copies of Software including any documentation. This License will terminate immediately without notice from BEBIG if Customer fails to comply with any provision of this License. Upon termination, Customer must destroy all copies of Software.

Part 4: General Provisions

Software, including technical data, may be subject to export or import regulations in certain countries. Customer 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.

If any portion hereof is found to be void or unenforceable, the remaining provisions of this License shall remain in full force and effect. This License constitutes the entire License be-tween the parties with respect to the use of the Software.

This License shall be governed by and construed in accordance with the laws of the Federal Republic of Germany, without giving effect to the principles of conflict of law. Place of juris-diction shall be Berlin/Germany.