SOFTWARE LICENSE AGREEMENT
SINGLE USER SHAREWARE

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This is an agreement between you, the end user, and kW Engineering ("KW"). By using this software, you are agreeing to become bound by the terms of this agreement.

IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT USE THIS SOFTWARE. PROMPTLY RETURN THE ENTIRE PACKAGE TO THE PLACE WHERE YOU OBTAINED IT.

1. GRANT OF LICENSE. KW, as Licensor, grants to you, the Licensee, a non-exclusive right to use this software program (hereinafter the "Software") in accordance with the terms contained in this license. You may use the Software on a single computer for a period of 60 days. If you wish to use the Software on more than one computer, you must either erase the software from the first computer when you move the Software to another computer, or else purchase two copies of the Software.

2. OWNERSHIP OF SOFTWARE. KW retains the copyright, title and ownership of the Software and the written materials regardless of the form of media in or on which the original and other copies may exist. You may make one (1) copy of the Software solely for backup purposes. You must reproduce and include the copyright notice on the backup copy.

3. TRANSFERS. You may physically transfer the Software from one of your computers to another provided that the Software is used on only one computer at a time. You may not distribute copies of the Software or accompanying written materials to others. You may not transfer the Software to anyone without the prior written consent of kW Engineering. In no event may you transfer, assign, rent, lease, sell or otherwise dispose of the Software on a temporary basis.

4. U.S. GOVERNMENT RESTRICTED RIGHTS. The Software and any accompanying materials are provided with Restricted Rights. Use, duplication or disclosure by the Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of The Rights in Technical Data and Computer Software clause at DFARS 252.227-7013, or subparagraphs (c)(1) and (2) of the Commercial Computer Software - Restricted Rights at 48 CFR 52.227-19, as applicable. Contractor/manufacturer is kW Engineering, 360 17th Street, Suite 100, Oakland, CA 94612.

5. LIMITED WARRANTY. KW warrants that the Software will perform substantially in accordance with the Documentation for a period of 90 days after the Licensee receives the Software. This Limited Warranty is void if failure of the Software has resulted from accident, abuse or misapplication.

Except as set forth in the immediately preceding paragraph, KW provides the software and the documentation without warranty of any kind, either express or implied, including, but not limited to, any implied warranties of merchantability or fitness for a particular purpose or warranties of quality or performance. Your exclusive remedy with respect to the Software, the Documentation and this License will be limited to, at KW's option, 1) the replacement of any Software or Document, or 2) a refund of the original purchase price paid for the Software.

IN NO EVENT WILL KW OR ITS EMPLOYEES, AGENTS OR SUPPLIERS BE LIABLE FOR ANY DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE OR DOCUMENTATION, INCLUDING, BUT NOT LIMITED TO, ANY DAMAGES FOR LOST PROFITS OR ANTICIPATED BENEFITS, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Should any other warranties be found to exist, such warranties shall be limited in duration to ninety (90) days following the date of delivery to the Licensee. In no event will KW's liability for any damages to you or any other person exceed the amount paid for the license to use the Software.

6. This License shall be governed and construed in accordance with the laws of the Sate of California and shall benefit kW Engineering, its successors and assigns.

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