ISIS/DRAW (tm) SOFTWARE LICENSE FREE EDUCATIONAL AND PERSONAL USE BEFORE YOU CLICK ON THE "ACCEPT" BUTTON AT THE END OF THIS DOCUMENT, READ THE TERMS AND CONDITIONS OF THIS LICENSE. BY CLICKING ON THE "ACCEPT" BUTTON, YOU ARE CONSENTING TO BE BOUND BY AND ARE BECOMING A PARTY TO THIS LICENSE. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS LICENSE, CLICK THE "DO NOT ACCEPT" BUTTON AND THE INSTALLATION WILL NOT CONTINUE. 1. GRANT OF LICENSE. MDL grants to you, the licensee, a non-exclusive license to use and display on one personal computer the copy of the accompanying computer program (the "Software"), free of charge if (a) if you are a student, faculty member, or a staff member of an educational institution (K-12, junior college, or college); or (b) your use of the Software is for personal use at your residence. If you do not fit within the description above, a license fee is due to MDL and no license is granted herein. If you are using a free version of the Software, you will not be entitled to support, updates, enhancements or telephone assistance. 2. OWNERSHIP OF SOFTWARE. This LICENSE gives you certain limited rights to use the Software; however, this LICENSE is not a sale of the Software or any copy thereof, and MDL retains all rights not expressly granted to you. MDL shall furnish the Software to you electronically, but MDL retains title to and ownership of the Software. 3. PERMITTED USES. You may: Use the Program on a single personal computers during the term of the License. Load the Program into the computer s temporary memory (RAM). Install the Program onto a permanent storage device (a hard disk drive). Make one copy of the Program for archival and backup purposes only, provided you keep possession of the backups. The backup copy shall be subject to the terms of this LICENSE. 4. NONPERMITTED USES. You may not: Electronically transfer the Program from one computer to another over a network or use the Program on any computer not physically located at the site of delivery of the Program. Rent, lease, lend, sell, network, transfer, or otherwise distribute or dispose of the Software or your rights under this LICENSE on a temporary or permanent basis to another person or entity without the prior written consent of MDL. Alter, adapt, translate, decompile, disassemble, or reverse engineer the Software, create derivative works based upon the Software or attempt to do so. Remove or obscure the copyright, trademark, and/or any other proprietary notices on the Software or any copy thereof. Export or transfer the Software from the country in which it is originally downloaded by you, without MDL's prior consent. 5. TERM AND TERMINATION. This LICENSE is effective from the date you accept the Software and will continue until the LICENSE is terminated. The LICENSE may be terminated by MDL with or without notice to you in the event that you breach any of the terms or conditions of this LICENSE. You agree to erase from your computer all copies of the Software and all modified copies, if any, upon termination of the LICENSE. You also may terminate this LICENSE at any time by destroying the Software and all copies thereof.. 6. DISCLAIMER OF WARRANTY AND LIMITED WARRANTY. THE SOFTWARE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. MDL HAS NO CONTROL OVER YOUR USE OF THE SOFTWARE; THEREFORE, MDL DOES NOT AND CANNOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS REGARDING THE PERFORMANCE, USE OR RESULTS OF THE USE OF THE SOFTWARE IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, CURRENTNESS, OR OTHERWISE. YOU ASSUME THE ENTIRE RISK AS TO RESULTS AND PERFORMANCE OF THE SOFTWARE. IF THE SOFTWARE IS DEFECTIVE, YOU, AND NOT MDL OR ITS DEALERS, DISTRIBUTORS, AGENTS, OR EMPLOYEES, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. Some states do not allow limitations on the duration of an implied warranty, so the above limitation may not apply to you. 7. LIMITATION OF REMEDIES. IN NO EVENT WILL MDL, ITS DEALERS, DISTRIBUTORS, AGENTS, OR EMPLOYEES OR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF THE SOFTWARE BE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES OF ANY NATURE, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF BUSINESS PROFITS OR REVENUE, BUSINESS INTERRUPTION, BUSINESS INFORMATION OR DATA, LIABILITY OR INJURY TO THIRD PERSONS, AND THE LIKE, WHETHER FORESEEABLE OR NOT, ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE, REGARDLESS OF WHETHER MDL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL MDL'S ITS DEALERS', DISTRIBUTORS' AGENTS' OR EMPLOYEES' LIABILITY FOR ANY DAMAGES TO YOU OR TO ANY OTHER PERSON OR ENTITY EVER EXCEED THE LIST PRICE FOR THE LICENSE TO USE THE SOFTWARE, REGARDLESS OF THE FORM OF THE CLAIM. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. 8. EXPORT CONTROLS. You may not download or otherwise export or reexport the Software or any underlying information or technology except in full compliance with all United States and other applicable laws and regulations. 9. U.S. GOVERNMENT RESTRICTED RIGHTS. The Software is provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the Government is subject to restrictions set forth in subdivision (b)(3)(ii) of the Rights in Technical Data and Computer Software clause 252.227-7013. Contractor/Manufacturer is: MDL Information Systems, Inc., 14600 Catalina Street, San Leandro, CA 94577. 10. GENERAL. This License is a complete and exclusive statement of all of the terms, conditions, and representations of the agreement between you and MDL with respect to the Software. This LICENSE shall not be varied, supplemented, qualified, or interpreted by any prior course of dealing between you and MDL or by any usage of trade. This LICENSE may only be modified by a written amendment signed by you and MDL. If any term or provision of this LICENSE shall be found to be illegal, void, or for any reason unenforceable, it shall be deemed severable from, and shall in no way affect the validity or enforceability of the remaining provisions of this LICENSE. This LICENSE shall be governed by and construed in accordance with the laws of the State of California as such law applies to agreements between California residents entered into and to be performed entirely within California, except as governed by Federal law. This LICENSE will not be governed by the United Nations Convention of Contracts for the International Sale of Goods, the application of which is hereby expressly excluded. MDL Information Systems, Inc. 14600 Catalina Street San Leandro, CA 94577 1.510.895.1313 1.510.895.5502