Boundary Element Software Technology Corporation






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License Agreement


Software means the Engineering Analysis Software developed by the BEST Corporation, based on the Boundary Element Method and/or other advanced engineering analysis techniques. In addition it means all additional software required for and supplied by BEST Corporation under this agreement, interfacing the analysis software with other engineering and/or modeling software.

1. Grant of License

BEST Corporation hereby grants the LICENSEE a non-exclusive, non-transferable license to use the Licensed software. The LICENSEE's right to use the licensed software terminates upon the violation of any provision of this license.

2. Proprietary Rights

The LICENSEE agrees to take all necessary steps to ensure that the provisions of the license are not violated by the LICENSEE or by any person under control or in the service of the LICENSEE and the LICENSEE shall cause or permit no such person to disassemble, reverse compile or make any changes or additions to the software. All copyright, trademark, patent, trade secret, and other intellectual and proprietary rights in the software are and shall remain the valuable property of BEST Corporation.

3. Reproduction and Copyrights

The software is entitled to protection under the International and National Copyright Laws.

LICENSEE may not copy, allow anyone else to copy, or otherwise reproduce any part of the software without the prior written consent of BEST Corporation, except for backup purposes.

LICENSEE shall not omit any copyright or other proprietary notices from the software. Ownership of all copies is retained by BEST Corporation.

4. Breach

If the LICENSEE acts in breach of any of the terms and conditions in this agreement it shall indemnify BEST Corporation against all loss suffered (including loss of profits) and the license granted hereunder shall be deemed to be terminated forthwith. On termination the user shall deliver to BEST Corporation all infringing and lawful copies of the software.

5. Disclaimers

Due to the complex nature of computer software BEST Corporation does not warrant that the software is completely error-free, will work without interruption or will work with all equipment or software configurations.

6. Limitation of Liability

In no event will BEST Corporation or its distributors or dealers or representatives be liable for indirect, incidental or consequential damages including, without limitation, loss of income, use or information, nor shall the total liability of BEST Corporation or its distributors, or dealers or representatives exceed the amount paid for the licensed software.

7. Applicable Law

This agreement is governed by the Laws of the United States of America. If any of the provisions of this agreement is held invalid, the remainder of the agreement will continue in full force and effect.

8. Acceptance

LICENSEE accepts the terms and conditions contained in this agreement fully and without reservation and accepts that the usage of the software constitutes an implied acceptance of the terms of this license.

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Copyright 2002 Boundary Element Software Technology Corporation