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Other Restrictions: You may not loan, rent, lease, sublicense, distribute or otherwise transfer all or any portion of the Software to third parties. You may not copy the Software except as expressly set forth above, and any copies that you are permitted to make pursuant to this Software License Agreement must contain the same copyright, patent, and other intellectual property markings that appear on or in the Software.

You may not modify, adapt or translate the Software. You may not, directly or indirectly, encumber or suffer to exist any lien or security interest on the Software; knowingly take any action that would cause the Software to be placed in the public domain; or use the Software in any computer environment not specified in this Software License Agreement. You agree to notify your employees and agents who may have access to the Software of the restrictions contained in this Software License Agreement and to ensure their compliance with these restrictions.

You agree that you are solely responsible for the accuracy and adequacy of the software for your intended use and you will indemnify and HOLD harmless Synametrics from any 3rd party suit to the extent based upon the accuracy and adequacy of the software in your use. Without limitation, The Software is not intended for use in the operation of nuclear facilities, aircraft navigation, communication systems, or air traffic control equipment, where the failure of the Software could lead to death, personal injury, or severe physical or environmental damage.

LIMITED TRANSFER RIGHTS Notwithstanding the foregoing, you may transfer all your rights to use the Software to another person or legal entity provided that: a you also transfer each of this Software License Agreement, the Software, and all other software or hardware bundled or pre-installed with the Software, including all copies, updates and prior versions, and all copies of font software converted into other formats, to such person or entity; b you retain no copies, including backups and copies stored on a computer; c the receiving party secures a personalized key code from Synametrics; and d the receiving party accepts the terms and conditions of this Software License Agreement and any other terms and conditions upon which you legally purchased a license to the Software.

Notwithstanding the foregoing, you may not transfer education, pre-release, or not-for-resale copies of the Software.

Synametrics warrants to the person or entity that first purchases a license for use of the Software pursuant to the terms of this Software License Agreement that i the Software will perform substantially in accordance with any accompanying Documentation for a period of ninety 90 days from the date of receipt, and ii any support services provided by Synametrics shall be substantial as described in Section 6 of this agreement.

Some states and jurisdictions do not allow limitations on the duration of an implied warranty, so the above limitation may not apply to you. To the extent allowed by applicable law, implied warranties on the Software, if any, are limited to ninety 90 days. This Limited Warranty is void if failure of the Software has resulted from accident, abuse, misapplication, abnormal use, Trojan horse, virus, or any other malicious external code.

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