EULA

EULA (2014-Present)

End User License Agreement March 2014

J2 INNOVATIONS, INC. ("J2 INNOVATIONS") HAS DEVELOPED A SOFTWARE APPLICATION AND VISUALIZATION TOOLS FOR MANAGING FACILITIES DATA COMMERCIALLY KNOWN AS "FINSTACK." J2 INNOVATIONS IS WILLING TO PROVIDE A LIMITED LICENSE OF THE SOFTWARE THAT ACCOMPANIES THIS END USER LICENSE AGREEMENT TOGETHER WITH THE PRINTED OR ONLINE DOCUMENTATION FURNISHED BY J2 INNOVATIONS IN CONJUNCTION WITH IT TO YOU ONLY ON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS IN THIS AGREEMENT. PLEASE READ THE TERMS AND CONDITIONS OF THIS AGREEMENT CAREFULLY BEFORE CLICKING ON THE "ACCEPT" BUTTON.

BY CLICKING ON THE "ACCEPT" BUTTON YOU ACKNOWLEDGE THAT YOU HAVE READ AND ACCEPTED THIS AGREEMENT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. SUCH ACCEPTANCE IS EITHER ON YOUR OWN BEHALF, OR ON BEHALF OF ANY CORPORATE ENTITY WHICH EMPLOYS YOU OR WHICH YOU REPRESENT ('CORPORATE LICENSEE'). IN THIS LICENSE AGREEMENT, 'YOU' INCLUDES ANY CORPORATE LICENSEE. YOU AGREE THAT THIS AGREEMENT IS AS ENFORCEABLE AS ANY WRITTEN NEGOTIATED AGREEMENT MANUALLY SIGNED BY YOU AND THAT BY CLICKING ON THE "I AGREE" BUTTON BELOW, YOU ARE PROVIDING YOUR ELECTRONIC SIGNATURE TO THIS AGREEMENT. CLICK ON THE "DO NOT ACCEPT" BUTTON TO DISCONTINUE THE INSTALLATION PROCESS. THE ACCEPTANCE OF THIS AGREEMENT IS REQUIRED FOR USE OF THE SOFTWARE.

LICENSE GRANTS AND RESTRICTIONS.

1.1 Subject to the terms and conditions contained herein, J2 INNOVATIONS hereby grants you a non-exclusive, limited license to install, use and execute a single copy of the J2 INNOVATIONS FINSTACK software (the "Software") on a single personal computer or server, which is identified by serial number or other means during the installation process (the "Designated System"), and to use the documentation furnished by J2 INNOVATIONS in conjunction with it, solely for your internal business use. You may transfer and use the Software on a backup computer system you own or lease if, and only for so long as, the Designated System is (i) inoperative or (ii) unavailable due to regularly scheduled maintenance, upon issuance by J2 INNOVATIONS of a backup license key. For purposes of this Agreement, the "Software" shall be deemed to include the application program interfaces ("APIs"), and related sources code, as well as source code for the purposes of creating, editing, producing or making rules, relevant databases or analytic libraries or similar applications for use in connection with the Software (the "Example Code") and software owned by third parties ("Third Party Software") that are provided to you along with the J2 INNOVATIONS FINSTACK software. You may create derivative works of the Example Code solely for the purposes set forth in this Section 1.1, and shall have the right to modify, enhance, adapt, or translate the Example Code for such purposes.

1.2 SaaS Operators. If you have entered into an end user license agreement with J2 INNOVATIONS to use the Software for commercial purposes such as, including without limitation, hosting the Software on your server to offer "Software as a Service" services ("SaaS EULA"), then the rights granted to you under this Agreement shall be subject to, or superseded by, the terms and conditions of such SaaS EULA.

1.3 No Other Rights Granted. Apart from the license expressly granted herein, no license or other right is granted by J2 INNOVATIONS to you under this Agreement, either directly or by implication, estoppel, or otherwise (including, but not limited to, the right to prepare derivative works of the Software). You shall have no right or access to the source code of the Software other than the source code, if any, for certain application program interfaces and Example Code that are included with the Software. All rights not specifically granted to you in this Agreement are reserved by J2 INNOVATIONS.

YOUR RESPONSIBILITIES.

EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, YOU SHALL (I) USE ALL COMMERCIALLY REASONABLE EFFORTS TO ENSURE THAT YOUR EMPLOYEES COMPLY WITH THE TERMS OF THIS AGREEMENT; (II) NOT MODIFY, ENHANCE, DECRYPT, EXTRACT, ADAPT, TRANSLATE, ALTER, DELETE, DISASSEMBLE, DECOMPILE OR OTHERWISE REVERSE ENGINEER THE SOFTWARE OR ANY PART THEREOF, OR ANY APPLICATION ENABLER OR GRANT ANY OTHER PERSON OR ENTITY THE RIGHT TO DO SO OR TAKE ANY ACTION THAT WOULD ASSIST ANY OTHER PERSON OR ENTITY IN DOING SO AND WILL PROMPTLY NOTIFY J2 INNOVATIONS OF ANY INFORMATION THAT ANY OTHER PERSON OR ENTITY IS OR IS ATTEMPTING TO COPY, REVERSE ENGINEER, DISASSEMBLE, DECOMPILE, TRANSLATE OR MODIFY THE SOFTWARE ; (III) NOT INSERT, DELETE, REPLACE, CHANGE OR OTHERWISE ALTER ANY FILES IN THE SOFTWARE OR APPLICATION ENABLER; (IV) NOT MODIFY, CHANGE, PREPARE DERIVATIVE WORKS OF OR OTHERWISE ALTER ANY BINARY CODE FILES INCLUDED WITH THE SOFTWARE; (V) NOT LOAN, RENT, LEASE, GIVE, SUBLICENSE, TRANSFER, PUBLISH, DISCLOSE, DISPLAY, PROVIDE ACCESS TO, OR OTHERWISE MAKE AVAILABLE THE SOFTWARE, IN WHOLE OR IN PART, TO ANY OTHER THIRD PARTY OR ENTITY; (VI) NOT MODIFY ANY APPLICATION PROGRAMMING INTERFACE, INCLUDING MODIFYING ANY APPLICATION PROGRAMMING INTERFACE BY CREATING ADDITIONAL CLASSES WITHIN ANY INTERFACE OR OTHERWISE CAUSING THE ADDITION TO OR MODIFICATION OF THE CLASSES IN AN INTERFACE, (VII) NOT INCORPORATE ANY CODE INCLUDED WITH THE SOFTWARE OR ANY DOCUMENTATION IN ANY DEVELOPER PRODUCT, AND (VIII) OBTAIN AND MAINTAIN, AT YOUR OWN EXPENSE, ALL COMPUTER HARDWARE, SOFTWARE, AND OTHER COMMUNICATION EQUIPMENT NECESSARY TO USE THE SOFTWARE.

TECHNICAL SUPPORT, SOFTWARE MAINTENANCE AND TRAINING.

Neither J2 INNOVATIONS nor any of its affiliates, distributors or resellers shall have any obligation to provide technical support, training or software maintenance services to you in connection with the Software, except as may be provided under a separate agreement between any such party and you. You may purchase maintenance services for the Software from J2 INNOVATIONS or its resellers under a separate maintenance agreement, which maintenance services may include providing you with regular updates, software corrections, bug fixes, and new functionality to the Software, which may include service packs to correct defects and add functionality (collectively "Updates"). Any such Updates provided to you are and shall are and shall remain the exclusive property of J2 INNOVATIONS. Such Updates shall be considered Software, and subject to the terms and conditions in this Agreement.

LICENSE FEES.

The license fees paid by or for you to J2 INNOVATIONS, its affiliates, distributors or resellers, are paid in consideration of the rights granted under this Agreement.

OWNERSHIP AND CONFIDENTIALITY.

5.1 Ownership by J2 INNOVATIONS. J2 INNOVATIONS retains all right, title and interest, in and to the Software (and any portions thereof), other than Third Party Software. You acknowledge that the Software uses trademarks, copyrights, trade secrets and other proprietary material the rights to which are owned or licensed by J2 INNOVATIONS, its affiliates, third party licensors or suppliers, and that such proprietary rights are protected by law, including U.S. copyright laws, patent laws and international treaty provisions. You shall not have or obtain any right, title, or interest to the Software except as provided in this Agreement, and further shall secure and protect the Software consistent with the maintenance of J2 INNOVATIONS's proprietary rights therein. You agree that you shall not contest or challenge, or take any action inconsistent with or that may damage or impair J2 INNOVATIONS's ownership or rights in and to the Software, and further that you shall not contest or challenge, or take any action inconsistent with, or that may damage or impair the ownership or intellectual property rights of, J2 INNOVATIONS in the Software, or of J2 INNOVATIONS's licensors with respect to the Third Party Software. You shall not use the Software except as is expressly authorized in this Agreement.

5.2 Confidentiality. You acknowledge that the Software contains valuable trade secrets of J2 INNOVATIONS and you agree to use your best efforts to maintain the confidentiality of the Software using at least the same degree of care you use with your own confidential information, but no less than reasonable care.

5.3 Third-Party Code. Additional copyright notices and license terms applicable to portions of the Software are set forth in the readmeLicenses.txt file provided with the Software. In addition to any terms and conditions of any third-party open source/freeware license identified in the readmeLicenses.txt file, the disclaimer of warranty and limitation of liability provisions contained below in paragraph 6 of this Agreement shall apply to all third party code or software contained in the Software.

WARRANTIES AND LIMITATIONS.

6.1 Disclaimer of Software Warranty. THE SOFTWARE IS LICENSED "AS IS" AND YOU RECEIVE NO ADDITIONAL EXPRESS OR IMPLIED WARRANTIES. J2 INNOVATIONS AND ITS SUPPLIERS EXPRESSLY DISCLAIM ANY AND ALL OTHER WARRANTIES OF ANY KIND OR NATURE CONCERNING THE SOFTWARE, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF TITLE, MERCHANTABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, NON-INFRINGEMENT OR THE RESULTS TO BE OBTAINED FROM USE, TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW. J2 INNOVATIONS EXPRESSLY DISCLAIMS ANY WARRANTIES THAT MAY BE IMPLIED FROM USAGE OF TRADE, COURSE OF DEALING, OR COURSE OF PERFORMANCE. FURTHER, WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, J2 INNOVATIONS MAKES NO WARRANTIES OR REPRESENTATIONS AS TO PERFORMANCE OF THE SOFTWARE, AND SPECIFICALLY DISCLAIMS ANY WARRANTY THAT (1) THE SOFTWARE WILL OPERATE IN COMBINATION WITH OTHER ITEMS, EQUIPMENT, SOFTWARE, SYSTEMS OR DATA EXCEPT, (2) THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE, OR (3) ERRORS IN THE SOFTWARE, IF ANY, WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY J2 INNOVATIONS, OR ITS AGENTS OR EMPLOYEES SHALL CREATE OR FORM THE BASIS OF ANY WARRANTY OF ANY KIND. THE SOFTWARE IS PROVIDED WITH ALL FAULTS AND THE ENTIRE RISK OF SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU.

6.2 Limitation of Liability. IN NO EVENT SHALL J2 INNOVATIONS, ITS AFFILIATES, SUPPLIERS OR THIRD PARTY LICENSORS, OR THEIR RESPECTIVE MEMBERS, OFFICERS, DIRECTORS, SHAREHOLDERS, AGENT, EMPLOYEES, REPRESENTATIVES, SUCCESSORS AND ASSIGNS BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES OR PENALTIES (INCLUDING DAMAGES FOR LOST PROFITS, LOST BUSINESS, LOST DATA, BUSINESS INTERRUPTION, AND THE LIKE), HOWEVER IT ARISES, INCLUDING, BUT NOT LIMITED TO, THE USE BY YOU OF THE SOFTWARE, WHETHER FOR BREACH OF CONTRACT OR IN TORT, EVEN IF J2 INNOVATIONS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

6.3 Limitation of Remedies. NOTWITHSTANDING ANY TERM OR PROVISION TO THE CONTRARY IN THIS AGREEMENT, IN NO EVENT SHALL J2 INNOVATIONS'S MONETARY LIABILITY IN CONNECTION WITH THIS AGREEMENT OR THE SOFTWARE, TO YOU EXCEED $100.00.

ASSURANCES BY YOU.

There can be no assurances whatsoever that control systems such as the Software will protect any individual or his or her property from harm. Appropriate safety precautions must always be taken when reacting to information generated by software in connection with the operation or maintenance of equipment connected to the Software. J2 INNOVATIONS ASSUMES NO RESPONSIBILITY OR LIABILITY FOR ANY INJURY OR DAMAGE TO ANY PERSONS OR PROPERTY RESULTING FROM THE USE BY YOU OF THE SOFTWARE. Further, you represent and warrant that you will take appropriate precautions, establish appropriate procedures and post appropriate notices to ensure that persons and property are not harmed in the event of an error, malfunction or unexpected operation of the Software.

HIGH RISK APPLICATIONS.

You will make reasonable business efforts to ensure that the Software is not used in any application in which the failure of the Software could lead to death, personal injury or severe physical or property damage, including, without limitation, environmental damage, (collectively, "High-Risk Applications"), including but not limited to the operation of nuclear facilities, mass transit systems, aircraft navigation or aircraft communication systems, air traffic control, weapon systems and direct life support machines, unless otherwise permitted by J2 INNOVATIONS in writing. Without limiting any disclaimer of any express or implied warranty under this Agreement, J2 INNOVATIONS expressly disclaims any express or implied warranty or condition of fitness of the Software for High-Risk Applications.

INDEMNIFICATION.

You shall indemnify and hold harmless J2 INNOVATIONS, its affiliates, suppliers or third party licensors, or their respective members, officers, directors, shareholders, agent, employees, representatives, successors and assigns, from and against all losses, claims, damages or other causes of any nature or kind whatsoever (including reasonable attorney's fees) arising directly or indirectly out of third party claims concerning (i) a breach of any of your obligations, covenants, representations or warranties contained herein; (ii) your selection of, transactions and/or agreements with any party that is a J2 INNOVATIONS reseller or distributor, systems integrator or trainer, or any other third party; (iii) any derivative work or product developed by you that is based on the APIs or Example Code, as permitted under this Agreement; (iv) any combination of the Software, or any component of it, with any product, equipment, device, software, hardware, system, data or other technology not supplied by J2 INNOVATIONS, (v) the negligence or intentional misconduct of you or your officers, employees, agents, contractors or customers, or (vi) any property or economic damages or personal injury or death arising from or related to the use of the Software. You agree not to interpose any cross-claim, third party claim or similar claim against J2 INNOVATIONS based on a claim, suit, action or proceeding threatened or commenced against you related to the Software and arising out of any matter other than a matter, if any, for which J2 INNOVATIONS has agreed to indemnify you under a separate agreement signed by J2 INNOVATIONS.

10. TERM AND TERMINATION.

10.1 Term. This Agreement is effective upon your clicking the "Accept" button and shall continue until terminated.

10.2 Termination. You may terminate this Agreement at any time by returning the Software and all copies and extracts to J2 INNOVATIONS. J2 INNOVATIONS may terminate this Agreement upon a material or continuing breach of this Agreement by you by the giving of 30 days prior written notice of termination, stating the cause therefore, with termination becoming effective at the close of said 30-day term if the breach is not then cured to the satisfaction of J2 INNOVATIONS.

10.3 No Refunds. Notwithstanding the reason for termination of this Agreement by you or J2 INNOVATIONS, under no circumstances will J2 INNOVATIONS be obligated to provide any refunds of any portion of any amounts paid by you in connection with this Agreement or the Software.

10.4 Survival. All provisions of this Agreement except for rights granted under Section 1 will survive termination and continue in effect.

11. TRADEMARKS AND PROPRIETARY NOTICES.

11.1 Trademarks. Under no circumstances may you use any trademark or service mark of J2 INNOVATIONS to identify, or otherwise in connection with, goods or services provided by you except as expressly agreed to by J2 INNOVATIONS in writing.

11.2 Proprietary Notices. You acknowledge that the Software may contain certain proprietary notices (included but not limited to trademark and copyright notices), trademarks, service marks, and logos of J2 INNOVATIONS, its affiliates, suppliers, third party licensors and other third parties, and you agree not to remove, modify (including adding to), minimize, obscure or block such notices, trademarks, service marks or logos.

12. GENERAL TERMS.

12.1 Assignment. You may assign this Agreement or your rights and obligations under this Agreement to a purchaser of the hardware on which the Software is installed, provided (i) you provide such purchaser with a copy of this Agreement and (ii) the purchaser agrees in writing to comply with all of the terms and conditions of this Agreement. J2 INNOVATIONS may assign this Agreement without your consent.

12.2 Export. Software, including technical data, is subject to U.S. export control laws, including the U.S. Export Administration Act and its associated regulations, and may be subject to export or import regulations in other countries. You agree to comply strictly with all such regulations and acknowledge that you have the responsibility to obtain such licenses to export, re-export, or import the Software. The Software may not be used, sold, resold, sublicensed, diverted, transferred, reshipped, or otherwise exported or re-exported: (i) in, into or through any country designated as a terrorist supporting country by the U.S. government or any of its agencies; (ii) in, into or through any country for which the U.S. has an embargo or with which the U.S. or any of its agencies maintains comprehensive trade controls; (iii) to or by a national or resident of the countries described in (i) or (ii); or (iv) to or by any party included in the United States Department of Commerce's Denied Persons List, Entity List or Unverified List; or the United States Department of the Treasury's Specially Designated Nationals, Specially Designated Global Terrorists, Specially Designated Narcotics Traffickers, Specially Designated Narcotic Traffickers, or Specially Designated Terrorists List; or the United States Department of State's Designated Foreign Terrorist Organizations or Debarred Persons List; or is otherwise designated by the U.S. government or any of its agencies as a party with which it is unlawful to do business.

12.3 Equitable Relief. You acknowledge that any breach of your obligations hereunder with respect to the Software or the confidential information of J2 INNOVATIONS, including, without limitation, Section 5.1 and 5.2 above, will cause J2 INNOVATIONS irreparable injury for which it has no adequate remedy at law. You further agree that J2 INNOVATIONS will be entitled to seek and obtain equitable relief, including preliminary injunctions and temporary restraining orders, to prevent any unauthorized use of the Software and confidential information, without posting of bond or other security, in addition to all other remedies available to it under this Agreement or other applicable law.

12.4 Entire Agreement. Except as expressly set forth in this Agreement, this Agreement comprises the entire agreement between the parties relating to its subject matter and this Agreement supersedes all prior agreements and understandings, written or oral, express or implied. This Agreement can be amended or modified only by a writing executed in advance by duly authorized representatives of each of the parties hereto. In the event any foreign ministry or other governmental entity or agency makes any changes, deletions or modifications to this Agreement, holds any provision herein unenforceable or imposes any conditions or restrictions on either party to this Agreement which affects its ability to fully perform, J2 INNOVATIONS shall have the right to immediately terminate this Agreement. By clicking the ACCEPT button, you represent and warrant that all consents, approval or authorizations of third parties, foreign ministries or any governmental entities or agencies, required as a condition or otherwise necessary for you to enter into and perform its obligations under this Agreement have been duly obtained.

12.5 Waiver. A waiver of any breach of default of this Agreement shall not create a waiver of the term or of any subsequent breach of default.

12.6 Governing Law; Choice of Venue. The validity of this Agreement and the rights, obligations and relations of the parties hereunder shall be construed and determined under and in accordance with the substantive laws of the Commonwealth of Virginia with respect to claims governed by state law and the laws of the United States with respect to claims arising under the laws of the United States, without regard to conflicts of laws principles and excluding the Convention on Contracts for the International Sale of Goods. Any action arising from or relating to this Agreement or the conduct of the parties pursuant hereto shall be commenced and heard solely within a federal or state court of competent jurisdiction found within the boundaries of the United States District Court for the Eastern District of Virginia, Richmond Division, and J2 INNOVATIONS and you each consent to personal jurisdiction and venue in any such court.

12.7 Severability. Should any term or provision of this Agreement be finally determined by a court of competent jurisdiction to be void, invalid, unenforceable or contrary to law or equity, the offending term shall be modified and limited (or if strictly necessary, deleted) only to the extent required to conform to the requirements of law and the remainder of this Agreement (or, as the case may be, the application of such provisions to other circumstances) shall not be affected thereby but rather shall be enforced to the greatest extent permitted by law.

12.8 Government Use. The Software is provided with restricted rights. With respect to any acquisition of the Software by or for any unit or agency of the U.S. Government ("Government"), the Software shall be classified as "Commercial Computer Software," as that term is defined in the applicable provisions of the Federal Acquisition Regulation ("FAR") and supplements thereto, including the Department of Defense ("DoD") FAR Supplement ("DFARS"). If the Software is supplied for use by DoD, the Software is delivered subject to the terms of this Agreement and either (i) in accordance with DFARS 252.227-7202-1(a) and 227.7202-3(a), or (ii) with restricted rights in accordance with DFARS 252.227 7013(c), as applicable. If the Software is supplied for use by a federal agency other than DoD, the Software is restricted computer software delivered subject to the terms of this Agreement and (i) FAR 12.212(a); (ii) FAR 52.227-19; or (iii) FAR 52.227-14 (ALT III), as applicable.

12.9 Binding on Successors. This Agreement shall be binding upon you, your successors and assignees.

EULA (2012)

FIN Builder End-User License

END-USER LICENSE AGREEMENT FOR J2 INNOVATIONS SOFTWARE

IMPORTANT—READ CAREFULLY: This End-User License Agreement (“EULA”) is a legal agreement between you (either an individual or a single entity) and J2 Innovations Corporation (“J2 Innovations”) for the J2 Innovations software that accompanies this EULA, which includes computer software and may include associated media, printed materials, "online" or electronic documentation and Internet-based services (“Software”). An amendment or addendum to this EULA may accompany the Software. YOU AGREE TO BE BOUND BY THE TERMS OF THIS EULA BY INSTALLING, COPYING, OR OTHERWISE USING THE SOFTWARE. IF YOU DO NOT AGREE, DO NOT INSTALL, COPY, OR USE THE SOFTWARE; YOU MAY RETURN IT TO YOUR PLACE OF PURCHASE (IF APPLICABLE) FOR A FULL REFUND.

J2 INNOVATIONS SOFTWARE LICENSE

Definitions

"J2 Innovations" - means J2 Innovations Corporation.

"Software" – means software that accompanies this EULA, which includes computer software and may include associated media, printed materials, "online" or electronic documentation, and Internet-based services.

“User Experience Files” – means all output files you create with the Software.

“FIN Platform” – means all the software, drivers or any other files that are to be copied or installed on a specific compatible “Computer” and are required for viewing and running “User Experience Files”.

GRANTS OF LICENSE

J2 Innovations grants you the rights described in this EULA provided that you comply with all terms and conditions of this EULA. J2 Innovations grants to you as an individual, a personal, nonexclusive license to use the Software, and to make and use copies of the Software for the purposes of building and testing your User Experience Files. In order to deploy and run User Experience Files on a specific device you need to license the FIN Platform separately on that specific device.

RESERVATION OF RIGHTS AND OWNERSHIP

J2 Innovations reserves all rights not expressly granted to you in this EULA. The Software is protected by copyright and other intellectual property laws and treaties. J2 Innovations or its suppliers own the title, copyright, and other intellectual property rights in the Software. The Software is licensed, not sold.

LIMITATIONS ON REVERSE ENGINEERING, DECOMPILATION, AND DISASSEMBLY

You may not reverse engineer, decompile, or disassemble the Software, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.

NO RENTAL/COMMERCIAL HOSTING

You may not rent, lease, lend or provide commercial hosting services with the Software.

CONSENT TO USE OF DATA

You agree that J2 Innovations and its affiliates may collect and use technical information gathered as part of the product support services provided to you, if any, related to the Software. J2 Innovations may use this information solely to improve our products or to provide customized services or technologies to you and will not disclose this information in a form that personally identifies you.

LINKS TO THIRD PARTY SITES

You may link to third party sites through the use of the Software. The third party sites are not under the control of J2 Innovations, and J2 Innovations is not responsible for the contents of any third party sites, any links contained in third party sites, or any changes or updates to third party sites. J2 Innovations is not responsible for webcasting or any other form of transmission received from any third party sites. J2 Innovations is providing these links to third party sites to you only as a convenience, and the inclusion of any link does not imply an endorsement by J2 Innovations of the third party site.

ADDITIONAL SOFTWARE/SERVICES

This EULA applies to updates, supplements, add-on components, or Internet-based services components, of the Software that J2 Innovations may provide to you or make available to you after the date you obtain your initial copy of the Software, unless we provide other terms along with the update, supplement, add-on component, or Internet-based services component. J2 Innovations reserves the right to discontinue any Internet-based services provided to you or made available to you through the use of the Software.

UPGRADES/DOWNGRADES

To use a version of the Software identified as an upgrade, you must first be licensed for the software identified by J2 Innovations as eligible for the upgrade. After upgrading, you may no longer use the software that formed the basis for your upgrade eligibility. Instead of installing and using the Software, you may install and use copies of an earlier version of the Software, provided that you completely remove such earlier version and install the current version of the Software within a reasonable time. Your use of such earlier version shall be governed by this EULA, and your rights to use such earlier version shall terminate when you install the Software.

NOT FOR RESALE SOFTWARE

Software identified as “Not For Resale” or “NFR,” may not be sold or otherwise transferred for value, or used for any purpose other than demonstration, test or evaluation.

EXPORT RESTRICTIONS

You acknowledge that the Software is subject to U.S. export jurisdiction. You agree to comply with all applicable international and national laws that apply to the Software, including the U.S. Export Administration Regulations, as well as end-user, end use, and destination restrictions issued by U.S. and other governments.

TERMINATION

Without prejudice to any other rights, J2 Innovations may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must destroy all copies of the Software and all of its component parts.

LIMITED WARRANTY FOR SOFTWARE ACQUIRED IN THE US AND CANADA

Except for the “Redistributables,” which are provided AS IS without warranty of any kind, J2 Innovations warrants that the Software will perform substantially in accordance with the accompanying materials for a period of ninety (90) days from the date of receipt. If an implied warranty or condition is created by your state/jurisdiction and federal or state/provincial law prohibits disclaimer of it, you also have an implied warranty or condition, BUT ONLY AS TO DEFECTS DISCOVERED DURING THE PERIOD OF THIS LIMITED WARRANTY (NINETY DAYS). AS TO ANY DEFECTS DISCOVERED AFTER THE NINETY-DAY PERIOD, THERE IS NO WARRANTY OR CONDITION OF ANY KIND. Some states/jurisdictions do not allow limitations on how long an implied warranty or condition lasts, so the above limitation may not apply to you. Any supplements or updates to the Software, including without limitation, any (if any) service packs or hot fixes provided to you after the expiration of the ninety day Limited Warranty period are not covered by any warranty or condition, express, implied or statutory.

LIMITATION ON REMEDIES; NO CONSEQUENTIAL OR OTHER DAMAGES

Your exclusive remedy for any breach of this Limited Warranty is as set forth below. Except for any refund elected by J2 Innovations, YOU ARE NOT ENTITLED TO ANY DAMAGES, INCLUDING BUT NOT LIMITED TO CONSEQUENTIAL DAMAGES, if the Software does not meet J2 Innovations’ Limited Warranty, and, to the maximum extent allowed by applicable law, even if any remedy fails of its essential purpose. The terms of Section 16 (“Exclusion of Incidental, Consequential and Certain Other Damages”) are also incorporated into this Limited Warranty. Some states/jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. This Limited Warranty gives you specific legal rights. You may have other rights which vary from state/jurisdiction to state/jurisdiction. YOUR EXCLUSIVE REMEDY. J2 Innovations’ and its suppliers’ entire liability and your exclusive remedy for any breach of this Limited Warranty or for any other breach of this EULA or for any other liability relating to the Software shall be, at J2 Innovations’ option from time to time exercised subject to applicable law, (a) return of the amount paid (if any) for the Software, or (b) repair or replacement of the Software, that does not meet this Limited Warranty and that is returned to J2 Innovations with a copy of your receipt. You will receive the remedy elected by J2 Innovations without charge, except that you are responsible for any expenses you may incur (e.g. cost of shipping the Software to J2 Innovations). This Limited Warranty is void if failure of the Software has resulted from accident, abuse, misapplication, abnormal use or a virus. Any replacement Software will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer, and J2 Innovations will use commercially reasonable efforts to provide your remedy within a commercially reasonable time of your compliance with J2 Innovations’ warranty remedy procedures. Outside the United States or Canada, neither these remedies nor any product support services offered by J2 Innovations are available without proof of purchase from an authorized international source. To exercise your remedy, contact: J2 Innovations or the J2 Innovations subsidiary serving your country.

DISCLAIMER OF WARRANTIES

The Limited Warranty that appears above is the only express warranty made to you and is provided in lieu of any other express warranties or similar obligations (if any) created by any advertising, documentation, packaging, or other communications. EXCEPT FOR THE LIMITED WARRANTY AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, J2 INNOVATIONS AND ITS SUPPLIERS PROVIDE THE SOFTWARE AND SUPPORT SERVICES (IF ANY) AS IS AND WITH ALL FAULTS, AND HEREBY DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY (IF ANY) IMPLIED WARRANTIES, DUTIES OR CONDITIONS OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF RELIABILITY OR AVAILABILITY, OF ACCURACY OR COMPLETENESS OF RESPONSES, OF RESULTS, OF WORKMANLIKE EFFORT, OF LACK OF VIRUSES, AND OF LACK OF NEGLIGENCE, ALL WITH REGARD TO THE SOFTWARE, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT OR OTHER SERVICES, INFORMATION, SOFTWARE, AND RELATED CONTENT THROUGH THE SOFTWARE OR OTHERWISE ARISING OUT OF THE USE OF THE SOFTWARE. ALSO, THERE IS NO WARRANTY OR CONDITION OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION OR NON-INFRINGEMENT WITH REGARD TO THE SOFTWARE.

EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND CERTAIN OTHER DAMAGES

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL J2 INNOVATIONS OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SOFTWARE, THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT OR OTHER SERVICES, INFORMATION, SOFTWARE, AND RELATED CONTENT THROUGH THE SOFTWARE OR OTHERWISE ARISING OUT OF THE USE OF THE SOFTWARE, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS EULA, EVEN IN THE EVENT OF THE FAULT, TORT (INCLUDING NEGLIGENCE), MISREPRESENTATION, STRICT LIABILITY, BREACH OF CONTRACT OR BREACH OF WARRANTY OF J2 INNOVATIONS OR ANY SUPPLIER, AND EVEN IF J2 INNOVATIONS OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

LIMITATION OF LIABILITY AND REMEDIES

NOTWITHSTANDING ANY DAMAGES THAT YOU MIGHT INCUR FOR ANY REASON WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ALL DAMAGES REFERENCED HEREIN AND ALL DIRECT OR GENERAL DAMAGES IN CONTRACT OR ANYTHING ELSE), THE ENTIRE LIABILITY OF J2 INNOVATIONS AND ANY OF ITS SUPPLIERS UNDER ANY PROVISION OF THIS EULA AND YOUR EXCLUSIVE REMEDY HEREUNDER (EXCEPT FOR ANY REMEDY OF REPAIR OR REPLACEMENT ELECTED BY J2 INNOVATIONS WITH RESPECT TO ANY BREACH OF THE LIMITED WARRANTY) SHALL BE LIMITED TO THE GREATER OF THE ACTUAL DAMAGES YOU INCUR IN REASONABLE RELIANCE ON THE SOFTWARE UP TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE OR US$5.00. THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS (INCLUDING SECTIONS 13, 14, AND 15) SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE.

U.S. GOVERNMENT LICENSE RIGHTS

All Software provided to the U.S. Government pursuant to solicitations issued on or after December 1, 1995 is provided with the commercial license rights and restrictions described elsewhere herein

APPLICABLE LAW

If you acquired this Software in the United States, this EULA is governed by the laws of the State of California. If you acquired this Software in the European Union, Iceland, Norway, or Switzerland, then local law applies. If you acquired this Software in any other country, then local law may apply.

GUARANTEE FOR LICENSES ACQUIRED OUTSIDE U.S.

The following guarantee is not restricted to any territory and does not affect any statutory rights that you may have from your reseller or from J2 Innovations if you acquired the Software directly from J2 Innovations. The guarantee - The Software is designed and offered as general-purpose software, not for any user’s particular purpose. You accept that no Software is error free and you are strongly advised to back-up your files regularly. Provided that you have a valid license, J2 Innovations guarantees that a) for a period of 90 days from the date of receipt of your license to use the Software or the shortest period permitted by applicable law it will perform substantially in accordance with the written materials that accompany the Software; and b) any support services provided by J2 Innovations shall be substantially as described in applicable written materials provided to you by J2 Innovations and J2 Innovations support engineers will use reasonable efforts, care and skill to solve any problem issues. In the event that the Software fails to comply with this guarantee, J2 Innovations will either (a) repair or replace the Software or (b) return the price you paid. This guarantee is void if failure of the Software results from accident, abuse or misapplication. Any replacement Software will be guaranteed for the remainder of the original guarantee period or 30 days, whichever period is longer. You agree that the above guarantee is your sole guarantee in relation to the Software and any support services. Exclusion of All Other Terms - To the maximum extent permitted by applicable law and subject to the guarantee above, J2 Innovations disclaims all warranties, conditions and other terms, either express or implied (whether by statute, common law, collaterally or otherwise) including but not limited to implied warranties of satisfactory quality and fitness for particular purpose with respect to the Software and the written materials that accompany the Software. Any implied warranties that cannot be excluded are limited to 90 days or to the shortest period permitted by applicable law, whichever is greater. Limitation of Liability - To the maximum extent permitted by applicable law and except as provided in the J2 Innovations Guarantee, J2 Innovations and its suppliers shall not be liable for any damages whatsoever (including without limitation, damages for loss of business profits, business interruption, loss of business information or other pecuniary loss) arising out of the use or inability to use the Software, even if J2 Innovations has been advised of the possibility of such damages. In any case J2 Innovations’ entire liability under any provision of this Agreement shall be limited to the amount actually paid by you for the Software. These limitations do not apply to any liabilities that cannot be excluded or limited by applicable laws. Consumer rights - Consumers in Australia, New Zealand or Malaysia may have the benefit of certain rights and remedies by reason of the Trade Practices Act and similar state and territory laws in Australia, the Consumer Guarantees Act in New Zealand and the Consumer Protection Act in Malaysia in respect of which liability cannot lawfully be modified or excluded. If you acquired the Software in New Zealand for the purposes of a business, you confirm that the Consumer Guarantees Act does not apply. If you acquired the Software in Australia and if J2 Innovations breaches a condition or warranty implied under any law which cannot lawfully be modified or excluded by this agreement then, to the extent permitted by law, J2 Innovations’ liability is limited, at J2 Innovations’ option, to: (i) in the case of the Software: a) repairing or replacing the Software; or b) the cost of such repair or replacement; and (ii) in the case of support services: a) re-supply of the services; or b) the cost of having the services supplied again.

ENTIRE AGREEMENT; SEVERABILITY

This EULA (including any addendum or amendment to this EULA which is included with the Software) are the entire agreement between you and J2 Innovations relating to the Software and the support services (if any) and they supersede all prior or contemporaneous oral or written communications, proposals and representations with respect to the Software or any other subject matter covered by this EULA. To the extent the terms of any J2 Innovations policies or programs for support services conflict with the terms of this EULA, the terms of this EULA shall control. If any provision of this EULA is held to be void, invalid, unenforceable or illegal, the other provisions shall continue in full force and effect.

Should you have any questions concerning this EULA, or if you desire to contact J2 Innovations for any reason, please use the address information enclosed in this Software to contact the J2 Innovations subsidiary serving your country or visit J2 Innovations on the World Wide Web atwww.j2inn.com.

FIN Framework End User License Agreement

END-USER LICENSE AGREEMENT FOR J2 INNOVATIONS SOFTWARE

IMPORTANT—READ CAREFULLY: This End-User License Agreement (“EULA”) is a legal agreement between you (either an individual or a single entity) and J2 Innovations Corporation (“J2 Innovations”) for the J2 Innovations software that accompanies this EULA, which includes computer software and may include associated media, printed materials, “online” or electronic documentation, and Internet-based services (“Software”). An amendment or addendum to this EULA may accompany the Software. YOU AGREE TO BE BOUND BY THE TERMS OF THIS EULA BY INSTALLING, COPYING, OR OTHERWISE USING THE SOFTWARE. IF YOU DO NOT AGREE, DO NOT INSTALL, COPY, OR USE THE SOFTWARE; YOU MAY RETURN IT TO YOUR PLACE OF PURCHASE (IF APPLICABLE) FOR A FULL REFUND.

J2 INNOVATIONS SOFTWARE LICENSE

Definitions

“J2 Innovations” means “J2 Innovations Corporation.

“Software” – means software that accompanies this EULA, which includes computer software and may include associated media, printed materials, “online” or electronic documentation, and Internet-based services.

“User Experience Files” – means all output files you create with the Software.

“FIN Framework” – means all the software, drivers or any other files that are to be copied or installed on a specific compatible “Computer” and are required for viewing and running “User Experience Files”.

“UXI” – User Experience Index is a unit that measures the amount of complexity a User Experience File can have.

GRANT OF LICENSE

J2 Innovations grants you the rights described in this EULA provided that you comply with all terms and conditions of this EULA. General License Grant. Subject to the terms and conditions contained herein, J2 Innovations hereby grants you a non-transferable, non-exclusive, limited license to install, use and execute the FIN Framework on a single personal computer, which is identified by serial number or other means during the installation process (the "Designated System") in order to view in run User Experience Files that collectively have a complexity that amounts no more than the UXI number attached to this license. If you are running FIN Framework on a network of computers then this license grants you a non-transferable, non-exclusive, limited license to install, use and execute the FIN Framework to run and view User Experience Files that connects to any computer in the network provided that the total amount of UXI designated to each computer doesn’t exceed the designated UXI count attached to this license. J2 Innovations reserved the right to modify the way UXI complexity is calculated for each User Experience Files.

RESERVATION OF RIGHTS AND OWNERSHIP

J2 Innovations reserves all rights not expressly granted to you in this EULA. The Software is protected by copyright and other intellectual property laws and treaties. J2 Innovations or its suppliers own the title, copyright, and other intellectual property rights in the Software. The Software is licensed, not sold.

LIMITATIONS ON REVERSE ENGINEERING, DECOMPILATION, AND DISASSEMBLY

You may not reverse engineer, decompile, or disassemble the Software, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.

NO RENTAL/COMMERCIAL HOSTING

You may not rent, lease, lend or provide commercial hosting services with the Software.

CONSENT TO USE OF DATA

You agree that J2 Innovations and its affiliates may collect and use technical information gathered as part of the product support services provided to you, if any, related to the Software. J2 Innovations may use this information solely to improve our products or to provide customized services or technologies to you and will not disclose this information in a form that personally identifies you.

LINKS TO THIRD PARTY SITES

You may link to third party sites through the use of the Software. The third party sites are not under the control of J2 Innovations, and J2 Innovations is not responsible for the contents of any third party sites, any links contained in third party sites, or any changes or updates to third party sites. J2 Innovations is not responsible for webcasting or any other form of transmission received from any third party sites. J2 Innovations is providing these links to third party sites to you only as a convenience, and the inclusion of any link does not imply an endorsement by J2 Innovations of the third party site.

ADDITIONAL SOFTWARE/SERVICES

This EULA applies to updates, supplements, add-on components, or Internet-based services components, of the Software that J2 Innovations may provide to you or make available to you after the date you obtain your initial copy of the Software, unless we provide other terms along with the update, supplement, add-on component, or Internet-based services component. J2 Innovations reserves the right to discontinue any Internet-based services provided to you or made available to you through the use of the Software.

UPGRADES/DOWNGRADES

To use a version of the Software identified as an upgrade, you must first be licensed for the software identified by J2 Innovations as eligible for the upgrade. After upgrading, you may no longer use the software that formed the basis for your upgrade eligibility. Instead of installing and using the Software, you may install and use copies of an earlier version of the Software, provided that you completely remove such earlier version and install the current version of the Software within a reasonable time. Your use of such earlier version shall be governed by this EULA, and your rights to use such earlier version shall terminate when you install the Software.

NOT FOR RESALE SOFTWARE

Software identified as “Not For Resale” or “NFR,” may not be sold or otherwise transferred for value, or used for any purpose other than demonstration, test or evaluation.

EXPORT RESTRICTIONS

You acknowledge that the Software is subject to U.S. export jurisdiction. You agree to comply with all applicable international and national laws that apply to the Software, including the U.S. Export Administration Regulations, as well as end-user, end use, and destination restrictions issued by U.S. and other governments.

TERMINATION

Without prejudice to any other rights, J2 Innovations may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must destroy all copies of the Software and all of its component parts.

LIMITED WARRANTY FOR SOFTWARE ACQUIRED IN THE US AND CANADA

Except for the “Redistributables,” which are provided AS IS without warranty of any kind, J2 Innovations warrants that the Software will perform substantially in accordance with the accompanying materials for a period of ninety (90) days from the date of receipt. If an implied warranty or condition is created by your state/jurisdiction and federal or state/provincial law prohibits disclaimer of it, you also have an implied warranty or condition, BUT ONLY AS TO DEFECTS DISCOVERED DURING THE PERIOD OF THIS LIMITED WARRANTY (NINETY DAYS). AS TO ANY DEFECTS DISCOVERED AFTER THE NINETY-DAY PERIOD, THERE IS NO WARRANTY OR CONDITION OF ANY KIND. Some states/jurisdictions do not allow limitations on how long an implied warranty or condition lasts, so the above limitation may not apply to you. Any supplements or updates to the Software, including without limitation, any (if any) service packs or hot fixes provided to you after the expiration of the ninety day Limited Warranty period are not covered by any warranty or condition, express, implied or statutory.

LIMITATION ON REMEDIES; NO CONSEQUENTIAL OR OTHER DAMAGES

Your exclusive remedy for any breach of this Limited Warranty is as set forth below. Except for any refund elected by J2 Innovations, YOU ARE NOT ENTITLED TO ANY DAMAGES, INCLUDING BUT NOT LIMITED TO CONSEQUENTIAL DAMAGES, if the Software does not meet J2 Innovations’ Limited Warranty, and, to the maximum extent allowed by applicable law, even if any remedy fails of its essential purpose. The terms of Section 16 (“Exclusion of Incidental, Consequential and Certain Other Damages”) are also incorporated into this Limited Warranty. Some states/jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. This Limited Warranty gives you specific legal rights. You may have other rights which vary from state/jurisdiction to state/jurisdiction. YOUR EXCLUSIVE REMEDY. J2 Innovations’ and its suppliers’ entire liability and your exclusive remedy for any breach of this Limited Warranty or for any other breach of this EULA or for any other liability relating to the Software shall be, at J2 Innovations’ option from time to time exercised subject to applicable law, (a) return of the amount paid (if any) for the Software, or (b) repair or replacement of the Software, that does not meet this Limited Warranty and that is returned to J2 Innovations with a copy of your receipt. You will receive the remedy elected by J2 Innovations without charge, except that you are responsible for any expenses you may incur (e.g. cost of shipping the Software to J2 Innovations). This Limited Warranty is void if failure of the Software has resulted from accident, abuse, misapplication, abnormal use or a virus. Any replacement Software will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer, and J2 Innovations will use commercially reasonable efforts to provide your remedy within a commercially reasonable time of your compliance with J2 Innovations’ warranty remedy procedures. Outside the United States or Canada, neither these remedies nor any product support services offered by J2 Innovations are available without proof of purchase from an authorized international source. To exercise your remedy, contact: J2 Innovations or the J2 Innovations subsidiary serving your country.

DISCLAIMER OF WARRANTIES

The Limited Warranty that appears above is the only express warranty made to you and is provided in lieu of any other express warranties or similar obligations (if any) created by any advertising, documentation, packaging, or other communications. EXCEPT FOR THE LIMITED WARRANTY AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, J2 INNOVATIONS AND ITS SUPPLIERS PROVIDE THE SOFTWARE AND SUPPORT SERVICES (IF ANY) AS IS AND WITH ALL FAULTS, AND HEREBY DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY (IF ANY) IMPLIED WARRANTIES, DUTIES OR CONDITIONS OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF RELIABILITY OR AVAILABILITY, OF ACCURACY OR COMPLETENESS OF RESPONSES, OF RESULTS, OF WORKMANLIKE EFFORT, OF LACK OF VIRUSES, AND OF LACK OF NEGLIGENCE, ALL WITH REGARD TO THE SOFTWARE, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT OR OTHER SERVICES, INFORMATION, SOFTWARE, AND RELATED CONTENT THROUGH THE SOFTWARE OR OTHERWISE ARISING OUT OF THE USE OF THE SOFTWARE. ALSO, THERE IS NO WARRANTY OR CONDITION OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION OR NON-INFRINGEMENT WITH REGARD TO THE SOFTWARE.

EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND CERTAIN OTHER DAMAGES

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL J2 INNOVATIONS OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SOFTWARE, THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT OR OTHER SERVICES, INFORMATION, SOFTWARE, AND RELATED CONTENT THROUGH THE SOFTWARE OR OTHERWISE ARISING OUT OF THE USE OF THE SOFTWARE, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS EULA, EVEN IN THE EVENT OF THE FAULT, TORT (INCLUDING NEGLIGENCE), MISREPRESENTATION, STRICT LIABILITY, BREACH OF CONTRACT OR BREACH OF WARRANTY OF J2 INNOVATIONS OR ANY SUPPLIER, AND EVEN IF J2 INNOVATIONS OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

LIMITATION OF LIABILITY AND REMEDIES

NOTWITHSTANDING ANY DAMAGES THAT YOU MIGHT INCUR FOR ANY REASON WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ALL DAMAGES REFERENCED HEREIN AND ALL DIRECT OR GENERAL DAMAGES IN CONTRACT OR ANYTHING ELSE), THE ENTIRE LIABILITY OF J2 INNOVATIONS AND ANY OF ITS SUPPLIERS UNDER ANY PROVISION OF THIS EULA AND YOUR EXCLUSIVE REMEDY HEREUNDER (EXCEPT FOR ANY REMEDY OF REPAIR OR REPLACEMENT ELECTED BY J2 INNOVATIONS WITH RESPECT TO ANY BREACH OF THE LIMITED WARRANTY) SHALL BE LIMITED TO THE GREATER OF THE ACTUAL DAMAGES YOU INCUR IN REASONABLE RELIANCE ON THE SOFTWARE UP TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE OR US$5.00. THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS (INCLUDING SECTIONS 13, 14, AND 15) SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE.

U.S. GOVERNMENT LICENSE RIGHTS

All Software provided to the U.S. Government pursuant to solicitations issued on or after December 1, 1995 is provided with the commercial license rights and restrictions described elsewhere herein.

APPLICABLE LAW

If you acquired this Software in the United States, this EULA is governed by the laws of the State of California. If you acquired this Software in the European Union, Iceland, Norway, or Switzerland, then local law applies. If you acquired this Software in any other country, then local law may apply.

ENTIRE AGREEMENT; SEVERABILITY

This EULA (including any addendum or amendment to this EULA which is included with the Software) are the entire agreement between you and J2 Innovations relating to the Software and the support services (if any) and they supersede all prior or contemporaneous oral or written communications, proposals and representations with respect to the Software or any other subject matter covered by this EULA. To the extent the terms of any J2 Innovations policies or programs for support services conflict with the terms of this EULA, the terms of this EULA shall control. If any provision of this EULA is held to be void, invalid, unenforceable or illegal, the other provisions shall continue in full force and effect.

GUARANTEE FOR LICENSES ACQUIRED OUTSIDE U.S.

The following J2 INNOVATIONS GUARANTEE applies to you if you acquired this Software in any other country: Statutory rights not affected - The following guarantee is not restricted to any territory and does not affect any statutory rights that you may have from your reseller or from J2 Innovations if you acquired the Software directly from J2 Innovations. The guarantee - The Software is designed and offered as general-purpose software, not for any user’s particular purpose. You accept that no Software is error free and you are strongly advised to back-up your files regularly. Provided that you have a valid license, J2 Innovations guarantees that a) for a period of 90 days from the date of receipt of your license to use the Software or the shortest period permitted by applicable law it will perform substantially in accordance with the written materials that accompany the Software; and b) any support services provided by J2 Innovations shall be substantially as described in applicable written materials provided to you by J2 Innovations and J2 Innovations support engineers will use reasonable efforts, care and skill to solve any problem issues. In the event that the Software fails to comply with this guarantee, J2 Innovations will either (a) repair or replace the Software or (b) return the price you paid. This guarantee is void if failure of the Software results from accident, abuse or misapplication. Any replacement Software will be guaranteed for the remainder of the original guarantee period or 30 days, whichever period is longer. You agree that the above guarantee is your sole guarantee in relation to the Software and any support services. Exclusion of All Other Terms - To the maximum extent permitted by applicable law and subject to the guarantee above, J2 Innovations disclaims all warranties, conditions and other terms, either express or implied (whether by statute, common law, collaterally or otherwise) including but not limited to implied warranties of satisfactory quality and fitness for particular purpose with respect to the Software and the written materials that accompany the Software. Any implied warranties that cannot be excluded are limited to 90 days or to the shortest period permitted by applicable law, whichever is greater. Limitation of Liability - To the maximum extent permitted by applicable law and except as provided in the J2 Innovations Guarantee, J2 Innovations and its suppliers shall not be liable for any damages whatsoever (including without limitation, damages for loss of business profits, business interruption, loss of business information or other pecuniary loss) arising out of the use or inability to use the Software, even if J2 Innovations has been advised of the possibility of such damages. In any case J2 Innovations’ entire liability under any provision of this Agreement shall be limited to the amount actually paid by you for the Software. These limitations do not apply to any liabilities that cannot be excluded or limited by applicable laws. Consumer rights - Consumers in Australia, New Zealand or Malaysia may have the benefit of certain rights and remedies by reason of the Trade Practices Act and similar state and territory laws in Australia, the Consumer Guarantees Act in New Zealand and the Consumer Protection Act in Malaysia in respect of which liability cannot lawfully be modified or excluded. If you acquired the Software in New Zealand for the purposes of a business, you confirm that the Consumer Guarantees Act does not apply. If you acquired the Software in Australia and if J2 Innovations breaches a condition or warranty implied under any law which cannot lawfully be modified or excluded by this agreement then, to the extent permitted by law, J2 Innovations’ liability is limited, at J2 Innovations’ option, to: (i) in the case of the Software: a) repairing or replacing the Software; or b) the cost of such repair or replacement; and (ii) in the case of support services: a) re-supply of the services; or b) the cost of having the services supplied again.

Should you have any questions concerning this EULA, or if you desire to contact J2 Innovations for any reason, please use the address information enclosed in this Software to contact the J2 Innovations subsidiary serving your country or visit J2 Innovations on the World Wide Web at www.j2inn.com.

J2 INNOVATIONS, INC. ("J2 INNOVATIONS") HAS DEVELOPED A SOFTWARE APPLICATION AND VISUALIZATION TOOLS FOR MANAGING FACILITIES DATA COMMERCIALLY KNOWN AS "FINSTACK." J2 INNOVATIONS IS WILLING TO PROVIDE A LIMITED LICENSE OF THE SOFTWARE THAT ACCOMPANIES THIS END USER LICENSE AGREEMENT TOGETHER WITH THE PRINTED OR ONLINE DOCUMENTATION FURNISHED BY J2 INNOVATIONS IN CONJUNCTION WITH IT TO YOU ONLY ON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS IN THIS AGREEMENT. PLEASE READ THE TERMS AND CONDITIONS OF THIS AGREEMENT CAREFULLY BEFORE CLICKING ON THE "ACCEPT" BUTTON.

BY CLICKING ON THE "ACCEPT" BUTTON YOU ACKNOWLEDGE THAT YOU HAVE READ AND ACCEPTED THIS AGREEMENT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. SUCH ACCEPTANCE IS EITHER ON YOUR OWN BEHALF, OR ON BEHALF OF ANY CORPORATE ENTITY WHICH EMPLOYS YOU OR WHICH YOU REPRESENT ('CORPORATE LICENSEE'). IN THIS LICENSE AGREEMENT, 'YOU' INCLUDES ANY CORPORATE LICENSEE. YOU AGREE THAT THIS AGREEMENT IS AS ENFORCEABLE AS ANY WRITTEN NEGOTIATED AGREEMENT MANUALLY SIGNED BY YOU AND THAT BY CLICKING ON THE "I AGREE" BUTTON BELOW, YOU ARE PROVIDING YOUR ELECTRONIC SIGNATURE TO THIS AGREEMENT. CLICK ON THE "DO NOT ACCEPT" BUTTON TO DISCONTINUE THE INSTALLATION PROCESS. THE ACCEPTANCE OF THIS AGREEMENT IS REQUIRED FOR USE OF THE SOFTWARE.

LICENSE GRANTS AND RESTRICTIONS.

1.1 Subject to the terms and conditions contained herein, J2 INNOVATIONS hereby grants you a non-exclusive, limited license to install, use and execute a single copy of the J2 INNOVATIONS FINSTACK software (the "Software") on a single personal computer or server, which is identified by serial number or other means during the installation process (the "Designated System"), and to use the documentation furnished by J2 INNOVATIONS in conjunction with it, solely for your internal business use. You may transfer and use the Software on a backup computer system you own or lease if, and only for so long as, the Designated System is (i) inoperative or (ii) unavailable due to regularly scheduled maintenance, upon issuance by J2 INNOVATIONS of a backup license key. For purposes of this Agreement, the "Software" shall be deemed to include the application program interfaces ("APIs"), and related sources code, as well as source code for the purposes of creating, editing, producing or making rules, relevant databases or analytic libraries or similar applications for use in connection with the Software (the "Example Code") and software owned by third parties ("Third Party Software") that are provided to you along with the J2 INNOVATIONS FINSTACK software. You may create derivative works of the Example Code solely for the purposes set forth in this Section 1.1, and shall have the right to modify, enhance, adapt, or translate the Example Code for such purposes.

1.2 SaaS Operators. If you have entered into an end user license agreement with J2 INNOVATIONS to use the Software for commercial purposes such as, including without limitation, hosting the Software on your server to offer "Software as a Service" services ("SaaS EULA"), then the rights granted to you under this Agreement shall be subject to, or superseded by, the terms and conditions of such SaaS EULA.

1.3 No Other Rights Granted. Apart from the license expressly granted herein, no license or other right is granted by J2 INNOVATIONS to you under this Agreement, either directly or by implication, estoppel, or otherwise (including, but not limited to, the right to prepare derivative works of the Software). You shall have no right or access to the source code of the Software other than the source code, if any, for certain application program interfaces and Example Code that are included with the Software. All rights not specifically granted to you in this Agreement are reserved by J2 INNOVATIONS.

YOUR RESPONSIBILITIES.

EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, YOU SHALL (I) USE ALL COMMERCIALLY REASONABLE EFFORTS TO ENSURE THAT YOUR EMPLOYEES COMPLY WITH THE TERMS OF THIS AGREEMENT; (II) NOT MODIFY, ENHANCE, DECRYPT, EXTRACT, ADAPT, TRANSLATE, ALTER, DELETE, DISASSEMBLE, DECOMPILE OR OTHERWISE REVERSE ENGINEER THE SOFTWARE OR ANY PART THEREOF, OR ANY APPLICATION ENABLER OR GRANT ANY OTHER PERSON OR ENTITY THE RIGHT TO DO SO OR TAKE ANY ACTION THAT WOULD ASSIST ANY OTHER PERSON OR ENTITY IN DOING SO AND WILL PROMPTLY NOTIFY J2 INNOVATIONS OF ANY INFORMATION THAT ANY OTHER PERSON OR ENTITY IS OR IS ATTEMPTING TO COPY, REVERSE ENGINEER, DISASSEMBLE, DECOMPILE, TRANSLATE OR MODIFY THE SOFTWARE ; (III) NOT INSERT, DELETE, REPLACE, CHANGE OR OTHERWISE ALTER ANY FILES IN THE SOFTWARE OR APPLICATION ENABLER; (IV) NOT MODIFY, CHANGE, PREPARE DERIVATIVE WORKS OF OR OTHERWISE ALTER ANY BINARY CODE FILES INCLUDED WITH THE SOFTWARE; (V) NOT LOAN, RENT, LEASE, GIVE, SUBLICENSE, TRANSFER, PUBLISH, DISCLOSE, DISPLAY, PROVIDE ACCESS TO, OR OTHERWISE MAKE AVAILABLE THE SOFTWARE, IN WHOLE OR IN PART, TO ANY OTHER THIRD PARTY OR ENTITY; (VI) NOT MODIFY ANY APPLICATION PROGRAMMING INTERFACE, INCLUDING MODIFYING ANY APPLICATION PROGRAMMING INTERFACE BY CREATING ADDITIONAL CLASSES WITHIN ANY INTERFACE OR OTHERWISE CAUSING THE ADDITION TO OR MODIFICATION OF THE CLASSES IN AN INTERFACE, (VII) NOT INCORPORATE ANY CODE INCLUDED WITH THE SOFTWARE OR ANY DOCUMENTATION IN ANY DEVELOPER PRODUCT, AND (VIII) OBTAIN AND MAINTAIN, AT YOUR OWN EXPENSE, ALL COMPUTER HARDWARE, SOFTWARE, AND OTHER COMMUNICATION EQUIPMENT NECESSARY TO USE THE SOFTWARE.

TECHNICAL SUPPORT, SOFTWARE MAINTENANCE AND TRAINING.

Neither J2 INNOVATIONS nor any of its affiliates, distributors or resellers shall have any obligation to provide technical support, training or software maintenance services to you in connection with the Software, except as may be provided under a separate agreement between any such party and you. You may purchase maintenance services for the Software from J2 INNOVATIONS or its resellers under a separate maintenance agreement, which maintenance services may include providing you with regular updates, software corrections, bug fixes, and new functionality to the Software, which may include service packs to correct defects and add functionality (collectively "Updates"). Any such Updates provided to you are and shall are and shall remain the exclusive property of J2 INNOVATIONS. Such Updates shall be considered Software, and subject to the terms and conditions in this Agreement.

LICENSE FEES.

The license fees paid by or for you to J2 INNOVATIONS, its affiliates, distributors or resellers, are paid in consideration of the rights granted under this Agreement.

OWNERSHIP AND CONFIDENTIALITY.

5.1 Ownership by J2 INNOVATIONS. J2 INNOVATIONS retains all right, title and interest, in and to the Software (and any portions thereof), other than Third Party Software. You acknowledge that the Software uses trademarks, copyrights, trade secrets and other proprietary material the rights to which are owned or licensed by J2 INNOVATIONS, its affiliates, third party licensors or suppliers, and that such proprietary rights are protected by law, including U.S. copyright laws, patent laws and international treaty provisions. You shall not have or obtain any right, title, or interest to the Software except as provided in this Agreement, and further shall secure and protect the Software consistent with the maintenance of J2 INNOVATIONS's proprietary rights therein. You agree that you shall not contest or challenge, or take any action inconsistent with or that may damage or impair J2 INNOVATIONS's ownership or rights in and to the Software, and further that you shall not contest or challenge, or take any action inconsistent with, or that may damage or impair the ownership or intellectual property rights of, J2 INNOVATIONS in the Software, or of J2 INNOVATIONS's licensors with respect to the Third Party Software. You shall not use the Software except as is expressly authorized in this Agreement.

5.2 Confidentiality. You acknowledge that the Software contains valuable trade secrets of J2 INNOVATIONS and you agree to use your best efforts to maintain the confidentiality of the Software using at least the same degree of care you use with your own confidential information, but no less than reasonable care.

5.3 Third-Party Code. Additional copyright notices and license terms applicable to portions of the Software are set forth in the readmeLicenses.txt file provided with the Software. In addition to any terms and conditions of any third-party open source/freeware license identified in the readmeLicenses.txt file, the disclaimer of warranty and limitation of liability provisions contained below in paragraph 6 of this Agreement shall apply to all third party code or software contained in the Software.

WARRANTIES AND LIMITATIONS.

6.1 Disclaimer of Software Warranty. THE SOFTWARE IS LICENSED "AS IS" AND YOU RECEIVE NO ADDITIONAL EXPRESS OR IMPLIED WARRANTIES. J2 INNOVATIONS AND ITS SUPPLIERS EXPRESSLY DISCLAIM ANY AND ALL OTHER WARRANTIES OF ANY KIND OR NATURE CONCERNING THE SOFTWARE, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF TITLE, MERCHANTABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, NON-INFRINGEMENT OR THE RESULTS TO BE OBTAINED FROM USE, TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW. J2 INNOVATIONS EXPRESSLY DISCLAIMS ANY WARRANTIES THAT MAY BE IMPLIED FROM USAGE OF TRADE, COURSE OF DEALING, OR COURSE OF PERFORMANCE. FURTHER, WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, J2 INNOVATIONS MAKES NO WARRANTIES OR REPRESENTATIONS AS TO PERFORMANCE OF THE SOFTWARE, AND SPECIFICALLY DISCLAIMS ANY WARRANTY THAT (1) THE SOFTWARE WILL OPERATE IN COMBINATION WITH OTHER ITEMS, EQUIPMENT, SOFTWARE, SYSTEMS OR DATA EXCEPT, (2) THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE, OR (3) ERRORS IN THE SOFTWARE, IF ANY, WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY J2 INNOVATIONS, OR ITS AGENTS OR EMPLOYEES SHALL CREATE OR FORM THE BASIS OF ANY WARRANTY OF ANY KIND. THE SOFTWARE IS PROVIDED WITH ALL FAULTS AND THE ENTIRE RISK OF SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU.

6.2 Limitation of Liability. IN NO EVENT SHALL J2 INNOVATIONS, ITS AFFILIATES, SUPPLIERS OR THIRD PARTY LICENSORS, OR THEIR RESPECTIVE MEMBERS, OFFICERS, DIRECTORS, SHAREHOLDERS, AGENT, EMPLOYEES, REPRESENTATIVES, SUCCESSORS AND ASSIGNS BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES OR PENALTIES (INCLUDING DAMAGES FOR LOST PROFITS, LOST BUSINESS, LOST DATA, BUSINESS INTERRUPTION, AND THE LIKE), HOWEVER IT ARISES, INCLUDING, BUT NOT LIMITED TO, THE USE BY YOU OF THE SOFTWARE, WHETHER FOR BREACH OF CONTRACT OR IN TORT, EVEN IF J2 INNOVATIONS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

6.3 Limitation of Remedies. NOTWITHSTANDING ANY TERM OR PROVISION TO THE CONTRARY IN THIS AGREEMENT, IN NO EVENT SHALL J2 INNOVATIONS'S MONETARY LIABILITY IN CONNECTION WITH THIS AGREEMENT OR THE SOFTWARE, TO YOU EXCEED $100.00.

ASSURANCES BY YOU.

There can be no assurances whatsoever that control systems such as the Software will protect any individual or his or her property from harm. Appropriate safety precautions must always be taken when reacting to information generated by software in connection with the operation or maintenance of equipment connected to the Software. J2 INNOVATIONS ASSUMES NO RESPONSIBILITY OR LIABILITY FOR ANY INJURY OR DAMAGE TO ANY PERSONS OR PROPERTY RESULTING FROM THE USE BY YOU OF THE SOFTWARE. Further, you represent and warrant that you will take appropriate precautions, establish appropriate procedures and post appropriate notices to ensure that persons and property are not harmed in the event of an error, malfunction or unexpected operation of the Software.

HIGH RISK APPLICATIONS.

You will make reasonable business efforts to ensure that the Software is not used in any application in which the failure of the Software could lead to death, personal injury or severe physical or property damage, including, without limitation, environmental damage, (collectively, "High-Risk Applications"), including but not limited to the operation of nuclear facilities, mass transit systems, aircraft navigation or aircraft communication systems, air traffic control, weapon systems and direct life support machines, unless otherwise permitted by J2 INNOVATIONS in writing. Without limiting any disclaimer of any express or implied warranty under this Agreement, J2 INNOVATIONS expressly disclaims any express or implied warranty or condition of fitness of the Software for High-Risk Applications.

INDEMNIFICATION.