PLEASE READ THIS END-USER LICENSE AGREEMENT (THE "LICENSE") CAREFULLY BEFORE USING THE SOFTWARE. BY USING THE SOFTWARE, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, PROMPTLY RETURN THE UNUSED SOFTWARE TO THE PLACE WHERE YOU OBTAINED IT.

1. License. The application, demonstration, documentation, system and other software, music and sound effects accompanying this License, whether on CD-ROM, diskette, in read only memory, or on any other tangible media (collectively, the "Software") is licensed to you by Mueller & Wister, Inc. ("M&W"), in accordance with the terms hereof. You own the disk on which the Software is recorded. M&W and/or M&W's Licensors retain all rights and title to the Software.

2. Restrictions. The Software contains copyrighted material, trade secrets and other proprietary material. You may not decompile, reverse engineer, disassemble or otherwise reduce the Software to a human-perceivable form, nor modify, rent, network, lease, loan, distribute or create derivative works based upon the Software in whole or in part. You are expressly prohibited from using the Software to develop or otherwise create independent works, software, music, or musical compositions. You hereby acknowledge and agree that any such unauthorized use of the Software would result in irreparable damage to M&W and M&W's Licensors for which money damages would be inadequate and in such event M&W and M&W's Licensors shall have the right to immediate injunctive relief to prevent any such unauthorized use and/or distribution of the Software. You may not, under any circumstances, distribute or redistribute the Software and/or any End-User Products accompanying this License.

3. Termination. This License is effective until terminated. You may terminate this License at any time by destroying the Software and disk containing the Software. This License will terminate immediately without notice from M&W if you fail to comply with any provisions of this License. Upon notice from M&W and/or M&W's Licensors of such noncompliance, you must destroy the Software and disk containing the Software.

4. Export Law Assurances. You agree and certify that the Software, any other technical data received from M&W and/or M&W's Licensors, or any direct product thereof (the "Material") is subject to restrictions and controls imposed by the United States Export Administration Act (the "Act") and the implementing regulations. You agree and certify that the Material is not being nor will be shipped, transferred or exported, directly or indirectly, into any country prohibited by the Act and the regulations thereunder or used for any purpose prohibited thereby. If the Material has been obtained by you outside the United States, you agree that you will not re-export the Material nor any other technical data received from M&W, and/or M&W's Licensors, nor the direct product thereof, except as permitted by the laws and regulations of the United States and the laws and regulations of the jurisdiction in which you obtained the Material.

5. Government End Users. If you are acquiring the Software on behalf of any unit or agency of the United States Government, the following provisions shall apply. The Government acknowledges and agrees that: (i) the Software was developed at private expense and is not in the public domain; and (ii) the Software is "Restricted Computer Software" under Clause 52.227-19 of the Federal Acquisition Regulations ("FAR") and is "Commercial Computer Software" under Subpart 227.471 of the Department of Defense Federal Acquisition Regulation Supplement ("DFARS"). The Government further agrees that: (i) if the Software is supplied to the Department of Defense ("DoD"), the Software is classified as "Commercial Computer Software" and the Government is acquiring only "restricted rights" in the Software as that term is defined in Clause 252.227-7013(c)(1) of the DARS; (ii) if the Software is supplied to any unit or agency other than DoD, the Government's right in the Software will be as defined in Clause 52.227-9(c)(2) of the FAR or, in the case of NASA, in Clause 18-52.227-86(d) of the NASA Supplement to the FAR; and (iii) any use, duplication or disclosure by the Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DARS 252.227-7013.

6. Disclaimer of Warranty. You acknowledge and agree that use of the Software is at your sole risk. The Software is provided "AS IS" and without warranty of any kind and M&W and/or M&W's Licensors (for the purposes of provisions 6 and 7, M&W, and/or M&W's Licensors shall be collectively referred to as "M&W") EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTS OF MERCHANTIBILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON INFRINGEMENT. M&W DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE,OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. FURTHERMORE, M&W DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULT OF THE USE OF THE SOFTWARE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY M&W OR A M&W AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE SOFTWARE PROVE DEFECTIVE, YOU (AND NOT M&W OR A M&W AUTHORIZED REPRESENTATIVE) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SHOULD THE SOFTWARE AND/OR MEDIA ON WHICH THE SOFTWARE IS DISTRIBUTED TRANSMIT AN ELECTRONIC VIRUS AND/OR CAUSE DAMAGE TO ONE OR MORE OF YOURCOMPANY OR PERSONAL COMPUTERS, YOU (AND NOT M&W OR A M&W AUTHORIZED REPRESENTATIVE) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. IN THE EVENT OF ANY SUCH DAMAGE, LICENSEE AGREES TO ASSUME THE ENTIRE COST (AND HOLD M&W HARMLESS), FOR ANY AND ALL DAMAGES INCLUDING BUT NOT LIMITED TO: LOST REVENUES, WAGES, AND REPLACEMENT COSTS OF EQUIPMENT EFFECTED BY SAID DAMAGE. SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

7. Limitation of Liability. UNDER NO CIRCUMSTANCES INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, TRANSMISSION OF AN ELECTRONIC VIRUS, AND DEFECTS IN THE SOFTWARE, SHALL M&W BE LIABLE FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OR INABILITY TO USE THE SOFTWARE OR RELATED DOCUMENTATION, EVEN IF M&W OR A M&W AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

8. Governing Law and Severability. This License shall be governed by and construed in accordance with the laws of the United States and Pennsylvania, provided that U.N. Convention on Contracts for the International Sale of Goods shall not apply to this License. If for any reason a court of competent jurisdiction finds any provision of this License, or portion thereof, to be unenforceable, such provision or portion of the License shall be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of this License shall continue in full force and effect. The sole jurisdiction and venue for actions related to the subject matter hereof shall be the state and federal courts located in Plymouth Meeting, Pennsylvania. Licensee and M&W each hereby consent to the personal jurisdiction of such courts.

9. Complete Agreement. This License constitutes the entire agreement between the parties with respect to the use of the Software and supersedes all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. No amendment to or modification of this License will be binding unless in writing and signed by a duly authorized representative of M&W.


10-17-03 EFM