SIMAGIS 2.0 License Agreement

SMART IMAGING TECHNOLOGIES, CO
SIMAGIS (TM) - SMART IMAGING SPREADSHEET
Version 2.0

LICENSE AGREEMENT

IMPORTANT - READ CAREFULLY: Be sure to carefully read and understand all of the rights and restrictions described in this LICENSE AGREEMENT.

This LICENSE AGREEMENT is a legal agreement between you (either an individual, single entity or company) and SMART IMAGING TECHNOLOGIES, CO concerning "SIMAGIS (TM) - SMART IMAGING SPREADSHEET, Version 2.0" software, which includes the accompanying computer software, and may include associated media, printed materials and any online or electronic documentation ("SOFTWARE"). By installing the SOFTWARE, you agree to be bound by the terms of this LICENSE AGREEMENT.

The SOFTWARE is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. All the rights not explicitly provided here are reserved by SMART IMAGING TECHNOLOGIES, CO.

SMART IMAGING TECHNOLOGIES, CO offers two forms of the SOFTWARE:

1) An EVALUATION VERSION OF THE SOFTWARE, which you may use free of charge within 30 days for the purposes of trial use and evaluation whether to register this version of the SOFTWARE.

2) A REGISTERED VERSION OF THE SOFTWARE, which you may use only after you have completed the REGISTRATION PROCEDURE.

The provided REGISTRATION PROCEDURE transforms EVALUATION VERSION OF THE SOFTWARE into REGISTERED VERSION OF THE SOFTWARE. This procedure implies that you pay a license fee to SMART IMAGING TECHNOLOGIES, CO or its distributors, obtain a registration code and enter this code in the corresponding dialog provided by the SOFTWARE.

CONTENTS

Part I of this LICENSE AGREEMENT applies for EVALUATION VERSION OF THE SOFTWARE.
Part II of this LICENSE AGREEMENT applies for REGISTERED VERSION OF THE SOFTWARE.
Part III of this LICENSE AGREEMENT applies for BOTH VERSIONS OF THE SOFTWARE.

PART I - TERMS APPLICABLE TO EVALUATION VERSION OF THE SOFTWARE

1. GRANT OF LICENSE. This LICENSE AGREEMENT grants you the following rights:

* Software. You may install and use one copy of the SOFTWARE on a single computer for a 30 (thirty) day period for evaluational purposes only.
* Registration. You may register your EVALUATION VERSION OF THE SOFTWARE using the provided registration procedure.

2. RESTRICTIONS.

* You may not reverse engineer, decompile, or disassemble the SOFTWARE, except and only to the extent that applicable law notwithstanding this limitation expressly permits such activity.
* You may not sublicense, rent, lease or lend any portion of the SOFTWARE.
* Your license is non-transferable.
* YOU MAY NOT DISTRIBUTE, IN ANY FORM, THE RESULTS OBTAINED BY YOU USING THE SOFTWARE.

PART II - TERMS APPLICABLE TO REGISTERED VERSION OF THE SOFTWARE

1. GRANT OF LICENSE. This LICENSE AGREEMENT grants you the following rights:

* Software. The SOFTWARE can be installed and used by a single person who uses the software personally on one or more computers, or installed on a single workstation used nonsimultaneously by multiple people, but not both.
* Storage/Reserve copies. You can create a reasonable number of SOFTWARE copies for recover/backup purposes.
* Use and distribution of results. You can freely distribute tables, images, reports and macros created by you using SOFTWARE.
* You may permanently transfer all of your rights under this LICENSE AGREEMENT, provided you retain no copies, you transfer all of the SOFTWARE (including all component parts, the media and printed materials, any upgrades, and this LICENSE AGREEMENT), and the recipient agrees to the terms of this LICENSE AGREEMENT.

2. RESTRICTIONS.

* You must maintain all copyright notices on all copies of the SOFTWARE.
* You may not reverse engineer, decompile, or disassemble the SOFTWARE, except and only to the extent that applicable law notwithstanding this limitation expressly permits such activity.
* You may not sublicense, rent, lease or lend any portion of the SOFTWARE.

PART III - TERMS APPLICABLE TO BOTH VERSIONS OF THE SOFTWARE

1. LICENSE AGREEMENT TERM AND TERMINATION. This LICENSE AGREEMENT is effective until terminated. Without prejudice to any other rights, SMART IMAGING TECHNOLOGIES, CO may terminate this LICENSE AGREEMENT if you fail to comply with the terms and conditions of this LICENSE AGREEMENT. In such event, you must destroy all copies of the SOFTWARE and all of its component parts. At any moment you can terminate this LICENSE AGREEMENT by destroying all copies of the SOFTWARE and all of its component parts.

2. COPYRIGHT. All title and copyrights in and to the SOFTWARE, the accompanying printed materials, and any copies of the SOFTWARE, are owned by SMART IMAGING TECHNOLOGIES, CO or its suppliers.

3. DISCLAIMER OF WARRANTIES. SMART IMAGING TECHNOLOGIES, CO PROVIDES THE SOFTWARE "AS IS" AND WITH ALL FAULTS, AND HEREBY DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY (IF ANY) IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF LACK OF VIRUSES, AND OF LACK OF NEGLIGENCE OR LACK OF WORKMANLIKE EFFORT. ALSO, THERE IS NO WARRANTY OR CONDITION OF TITLE, OF QUIET ENJOYMENT, OR OF NONINFRINGEMENT. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF WARRANTY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

4. EXCLUSION OF ALL DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SMART IMAGING TECHNOLOGIES, CO OR ANYONE INVOLVED IN THE CREATION, PRODUCTION OR DELIVERY OF THIS SOFTWARE BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR ANY INJURY TO PERSON OR PROPERTY, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, FOR LOSS OF PRIVACY FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF SMART IMAGING TECHNOLOGIES, CO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF WARRANTY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

5. MISCELLANEOUS. If any provision of this LICENSE AGREEMENT is held to be unenforceable, this LICENSE AGREEMENT will remain in effect with the provision omitted.

Should you have any questions, please contact SMART IMAGING TECHNOLOGIES, CO

(c) 2003, Smart Imaging Technologies, Co. All rights reserved.