10 Thomas, Irvine, CA 92618 USA
Tel: (949) 465-0900
Fax: (949) 465-0905

End-User License Agreement for SENSIT Test and Measurement Software
IMPORTANT PLEASE READ THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT CAREFULLY BEFORE CONTINUING WITH THIS
SOFTWARE INSTALL:
This End-User License Agreement ("Agreement") is a legal agreement between you (either an individual person or a single legal entity (“You”) and FUTEK
Advanced Sensor Technology, Inc. Irvine, California (“FUTEK”) for the software product(s) identified above which may include associated software
components, media, printed materials, and "online" or electronic documentation ("Software Product"). By installing, copying, or otherwise using the
Software Product, You agree to be bound by the terms of this Agreement. This Agreement represents the entire agreement concerning the Software
Product between You and FUTEK, and it supersedes any prior proposal, representation, or understanding between the parties. From time to time, FUTEK
may in its sole discretion update or modify the Agreement. The most recent version of the Agreement is located at:
http://www.futek.com/files/pdf/SENSITTerms&Conditions.pdf
If You do not agree to the terms of this Agreement, do not install or use the Software Product.
1. GRANT OF LICENSE. The Software Product is licensed as follows:
(a) Installation and Use. FUTEK grants You a nonexclusive, limited, non-transferable license to install and use the Software Product only as authorized herein on
your computer running a validly licensed copy of the operating system for which the Software Product was designed [e.g., Windows 95, Windows NT, Windows 98,
Windows 2000, Windows 2003, Windows XP, Windows ME, Windows Vista, Windows 7].
(b) Backup Copies. You may make a reasonable number of backup copies of the Software Product, provided your backup copies are not installed or used for other
than archival purposes.

(c) Evaluation Use.
You may use the Software Product for evaluation purposes only in a test environment without payment of a fee for a maximum of fourteen (14) days or
such other duration as is specified by FUTEK at its sole discretion.
2. DESCRIPTION OF LIMITATIONS.
(a) Maintenance of Intellectual Property Notices. You must not remove or alter any copyright, trademark or patent notices on any and all copies of the Software
Product.
(b) No Distribution or Transfer. You may not distribute copies of the Software Product to third parties. You may not sublicense, rent, lease, or lend your rights to
the Software Product as granted in the Agreement to any party without prior written consent of FUTEK.

(c) No Reverse Engineering, Decompilation, and Disassembly. You may not reverse engineer, decompile, or disassemble the Software Product,
except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
(d) Compliance with Applicable Laws. You must comply with all applicable laws regarding use of the Software Product.
3. TERM AND TERMINATION. This Agreement is effective for an unlimited duration unless and until earlier terminated by You or FUTEK. Your rights
under this Agreement will terminate automatically without notice from FUTEK if You fail to comply with any term(s) of this Agreement. Upon termination of
this Agreement, You must permanently remove all copies of the Software Product in your possession.
4. OWNERSHIP. FUTEK reserves all rights not expressly granted to You in this Agreement. The Software Product is protected by copyright and other
intellectual property laws and treaties. FUTEK owns the title, copyright, and other intellectual property rights in the Software Product. The Software Product
is licensed, not sold.
5. SUPPORT AND MAINTENANCE. FUTEK will use commercially reasonable efforts to provide You with support services related to the Software Product
in accordance with its standard practices ("Support Services"). FUTEK shall have no obligation to support any version other than the then current and
immediate prior version. Any supplemental software code provided to You as part of the Support Services shall be considered part of the Software Product
and subject to the terms and conditions of this Agreement, unless separate terms are provided.

10 Thomas, Irvine, CA 92618 USA
Tel: (949) 465-0900
Fax: (949) 465-0905

6. CONFIDENTIALITY.
You acknowledge that the Software Product contains confidential and proprietary information of FUTEK, including without limitation the source code,
inventions, algorithms, know-how and other proprietary information contained therein (collectively, “Confidential information”). You agree to protect the
Confidential Information with at least the same degree of care employed with respect to your own confidential or proprietary information. You will not use
the Confidential Information for any purpose other than in connection with your use of the Software Product under this Agreement.
7. NO WARRANTIES.
FUTEK EXPRESSLY DISCLAIMS ANY WARRANTY FOR THE SOFTWARE PRODUCT. THE SOFTWARE PRODUCT IS PROVIDED 'AS IS'
WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY,
NONINFRINGEMENT, OR FITNESS OF A PARTICULAR PURPOSE. FUTEK DOES NOT WARRANT OR ASSUME RESPONSIBILITY FOR THE ACCURACY OR
COMPLETENESS OF ANY INFORMATION, TEXT, GRAPHICS, LINKS OR OTHER ITEMS CONTAINED WITHIN THE SOFTWARE PRODUCT. FUTEK MAKES NO
WARRANTIES RESPECTING ANY HARM THAT MAY BE CAUSED BY THE TRANSMISSION OF A COMPUTER VIRUS, WORM, TIME BOMB, LOGIC BOMB, OR
OTHER SUCH COMPUTER PROGRAM. FUTEK FURTHER EXPRESSLY DISCLAIMS ANY WARRANTY OR REPRESENTATION TO AUTHORIZED USERS OR TO
ANY THIRD PARTY.
8. LIMITATION OF LIABILITY. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL FUTEK BE LIABLE FOR PERSONAL INJURY, OR ANY
INDIRECT, CONSEQUENTIAL, INCIDENTAL, PUNITIVE OR SPECIAL DAMAGES WHATSOEVER, WITHOUT REGARD TO CAUSE OR THEORY OF LIABILITY
(INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUE, BUSINESS INTERRUPTION, LOST INFORMATION OR OTHER PECUNIARY LOSS)
ARISING OUT OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SOFTWARE PRODUCT PROVIDED HEREUNDER. EVEN IF FUTEK HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY,
OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU.
9. INDEMNIFICATION.
You agree to defend, indemnify and hold FUTEK and all of its subsidiaries and affiliates, and each of its officers, directors, and employees, from and against
any and all claims, actions, liabilities, looses, damages, judgments, grants, costs, and expenses, including reasonable attorneys’ fees (collectively “Claims”)
arising out of any use of the Software Product by You, any party related to You, or any party acting upon your authorization in a manner that is not
expressly authorized by this Agreement.
10. GOVERNING LAW.
This Agreement will be governed and construed in accordance with the laws of California, United States, without regard to conflicts of law rules. The United
Nations convention on Contracts for the International Sale of Goods will not apply.
11. SEVERABILITY.
If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable, the remainder of this Agreement will
remain in full force and effect.
Copyright © 2013 FUTEK Advanced Sensor Technology, Inc.
FUTEK Advanced Sensor Technology, Inc.
10 Thomas, Irvine, California 92618
EULAID: SENSIT_2.3_EN
LA1000-A

