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LICENSE AGREEMENT

LICENSE AGREEMENT

10/23/14

Read Carefully Before Installing the Software Product

Customer: THE SOFTWARE PRODUCTS (AS DEFINED LATER BELOW)
CONTAIN COPYRIGHTS, TRADE SECRETS AND OTHER INTELLECTUAL
PROPERTY RIGHTS BELONGING TO APTECH SYSTEMS, INC.
("APTECH").  THE SOFTWARE PRODUCTS MAY BE INSTALLED, COPIED,
DISPLAYED, EXECUTED, OR USED ("USED") IN ANY OTHER FASHION
ONLY IN ACCORDANCE WITH THE TERMS OF THIS LICENSE AGREEMENT
AND WHICHEVER SUPPLEMENTAL LICENSES APPLY TO THE SOFTWARE
PRODUCTS PURCHASED BY CUSTOMER.  THE LICENSE AGREEMENT AND
APPLICABLE SUPPLEMENTAL LICENSES ARE HEREINAFTER
COLLECTIVELY REFERRED TO AS THE "LICENSE AGREEMENT" OR
"AGREEMENT".  THE TERMS "YOU", "YOUR" OR "LICENSEE" MEANS 
CUSTOMER.

YOU MAY NOT INSTALL, COPY, DISPLAY, DISTRIBUTE, EXECUTE OR 
USE IN ANY OTHER FASHION THE SOFTWARE PRODUCTS EXCEPT IN 
ACCORDANCE WITH THE TERMS AND CONDITIONS OF THE LICENSE 
AGREEMENT.  BY ANY USE OF ANY SOFTWARE PRODUCT, YOU ARE 
DEEMED TO HAVE ACCEPTED, AND YOU ARE BOUND BY, ALL THE 
TERMS AND CONDITIONS OF THE LICENSE AGREEMENT (INCLUDING 
WITHOUT LIMITATION THE SUPPLEMENTAL LICENSES APPLICABLE TO 
SUCH SOFTWARE PRODUCT). IN ORDER TO USE SOFTWARE PRODUCTS, 
YOU MAY BE REQUIRED TO OBTAIN A UNIQUE LICENSE CODE OR CODES 
FROM APTECH TO ENABLE INSTALLATION, COPYING, DISPLAY, 
EXECUTION AND OTHER USE OF THE SOFTWARE PRODUCT.

SOME OF APTECH'S SOFTWARE PRODUCTS CANNOT BE ACTIVITED
WITHOUT A LICENSE CODE PROVIDED BY APTECH. THE ACTIVATION
LICENSE CODE IS UNIQUE AND IS GENERATED FROM INFORMATION
ABOUT THE COMPUTER HARDWARE, OPERATING SYSTEMS AND THE
APTECH SOFTWARE PRODUCT OF THE REGISTERED USER (SEE
DEFINITIONS IN SECTION 1 BELOW). THE REGISTERED USER HAS THE
OBLIGATION TO REQUEST AN INITIAL ACTIVATION LICENSE CODE
FROM APTECH WITHIN ONE YEAR OF THE DATE OF RECEIPT OF THE
SOFTWARE PRODUCT BY THE INITIAL LICENSEE (SEE DEFINITIONS IN
SECTION 1 BELOW); SUCH DATE IS THE DATE ON THE SOFTWARE
PRODUCT INVOICE FROM APTECH. IF THE REGISTERED USER WISHES
TO INSTALL THE SOFTWARE PRODUCT ON A DIFFERENT COMPUTER
(WHICH REQUIRES REMOVAL OF THE SOFTWARE PRODUCT FROM THE
COMPUTER WHERE IT WAS INITIALLY INSTALLED), APTECH IS ONLY
OBLIGATED TO PROVIDE A NEW ACTIVATION LICENSE CODE DURING
THE THREE (3) YEARS FROM THE DATE OF THE SOFTWARE PRODUCT
INVOICE. AFTER SUCH DATE, APTECH HAS NO OBLIGATIONS OF ANY
KIND TO PROVIDE NEW ACTIVATION LICENSE CODES (WITHOUT WHICH
THE SOFTWARE PRODUCT CANNOT BE ACTIVATED). NOTWITHSTANDING
THE PRECEDING SENTENCES AND WITHOUT ANY AFFIRMATIVE DUTY OR
OBLIGATION TO DO SO, APTECH MAY AT ITS SOLE DISCRETION AND
ONLY IF APTECH STILL HAS THE ACTIVATION LICENSE CODE
GENERATORS FOR THE VERSION OF THE SOFTWARE PRODUCT THAT WAS
LICENSED, APTECH MAY IN SUCH CASES (BUT IS NOT REQUIRED TO
DO SO) PROVIDE A NEW ACTIVATION LICENSE CODE ALLOWING FOR
INSTALLATION AND ACTIVATION OF THE SOFTWARE PRODUCT.

IF YOU DO NOT ACCEPT AND AGREE TO THE TERMS AND CONDITIONS
OF THE LICENSE AGREEMENT, YOU ARE PROHIBITED FROM
INSTALLING, COPYING, DISPLAYING, EXECUTING OR USING IN ANY
OTHER FASHION THE SOFTWARE PRODUCT.  VIOLATION (I)
CONSTITUTES INFRINGEMENT, MISAPPROPRIATION AND CONVERSION OF
APTECH'S COPYRIGHTS, TRADE SECRETS, AND OTHER INTELLECTUAL
PROPERTY RIGHTS, (II) WILL SUBJECT THE INFRINGER TO
SIGNIFICANT CIVIL LIABILITIES FOR DAMAGES (INCLUDING WITHOUT
LIMITATION STATUTORY DAMAGES) AND OTHER REMEDIES AND
LIABILITIES, AND (III) MAY CONSTITUTE VIOLATION OF CRIMINAL
LAWS.

IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS
LICENSE AGREEMENT, YOU MAY, WITHIN 30 DAYS OF PURCHASE AS
EVIDENCED BY THE VENDOR'S RECEIPT AND/OR INVOICE, CONTACT
THE VENDOR WHO SOLD YOU A SOFTWARE PRODUCT FOR ANY REFUND OR
CREDIT AS MAY BE ALLOWED BY THE VENDOR'S PRODUCT RETURN
POLICIES.  

IF CUSTOMER IS PURCHASING A SOFTWARE PRODUCT THAT IS AN
UPGRADE OF AN EARLIER VERSION OF AN APTECH SOFTWARE PRODUCT,
THEN THIS AGREEMENT SHALL SUPERSEDE THE TERMS AND CONDITIONS
OF THE LICENSE AGREEMENT THAT APPLIED TO THE EARLIER
VERSION, AS OF THE DATE OF INSTALLATION OF THE UPGRADE.

Section 1.  DEFINITIONS. 

     a. "Intellectual Property" means collectively the
following:  inventions, whether or not patented, copyrights,
design rights, publicity rights, trade secrets, and any and
all forms of intellectual property rights, whether tangible
or intangible form, and all copies of Intellectual Property
incorporated or embodied in any format or Media, print,
electronic, digital, magnetic, and all other forms,
presently existing or that may be hereafter discovered.

     b.  The terms "Software Product" or "Software Products"
mean ONLY the software program or software programs from
those listed below that Customer purchased AND that is or
are specifically identified in Aptech's invoice or invoices,
including without limitation applications, help files,
libraries, source code, executables, applets, user manuals 
and documentation, technical manuals, systems manuals, all
other products included in any package, box or container, 
electronic files, and all associated Intellectual Property 
for all computer operating systems ("Platforms"):
        -GAUSS Mathematical & Statistical System (TM)
         ("GAUSS" or "GAUSS System")
        -GAUSS Data Tool (TM)
        -GAUSSplot (TM)
        -GAUSS Light (TM)  
        -GAUSS Engine (TM) Products:
         . GAUSS Engine Personal Edition (TM)
         . GAUSS Engine Pro (TM)
         . GAUSS Run-Time Engine (GRTE) (TM) (GRTE is
           included in some of the GAUSS Engine Products.)
         . Java API for GAUSS Engine (TM)
        -GAUSS Run-Time Module (GRTM) (TM)
        -GAUSS (TM) Applications:
         . Algorithmic Derivatives   
         . Bayesian MT
         . Constrained Optimization/Constrained
             Optimization MT
         . Constrained Maximum Likelihood/Constrained
             Maximum Likelihood MT
         . CurveFit  
         . Descriptive Statistics/Descriptive
             Statistics MT
         . Discrete Choice
         . FANPAC (TM)/FANPAC MT (TM)  
         . Linear Programming/Linear Programming MT
         . Linear Regression/Linear Regression MT
         . Loglinear Analysis/Loglinear Analysis MT
         . Maximum Likelihood/Maximum Likelihood MT
         . Nonlinear Equations/Nonlinear Equations  MT
         . Optimization/Optimization  MT 
         . Time Series/Time Series MT
        
     c.  "Person" means a natural Person or any form of
organization or entity including, but not limited to,
corporations, partnerships, associations, and governmental
units.

     d.  "Customer" or "Licensee" refers to the Person
subject to this License Agreement and each end user to whom
the Customer transfers rights in accordance with the terms
of this Agreement.

     e.  "Initial Customer" means the Customer who initially
Purchases (or otherwise obtains from Aptech) the Software
Product.

     f.  To "Copy" a Software Product means to create a copy
or representation of any portion of it in or on any medium
or format, whether tangible or intangible, physical,
electronic, magnetic, optical, or otherwise.  A "Copy"
refers to the representation thus created.

     g.  To "Disclose" a Software Product means to allow or
authorize any Person to possess, use, or Copy any portion of
it.

     h.  "Software Registration" means the end-user 
information provided to Aptech for the accompanying the 
Software Products.

     i.  "Registered User" means the end-user specified in
the Software Registration submitted to Aptech by the Customer
for the Software Products.

     j.  "Single User License" is a license for one
individual end-user to install and use/access the Software
Product on one stand-alone computer at any one time.

     k.  "Supplemental License" refers to a separately Paid 
For license which is subject to additional terms and 
conditions applicable to the forms of licenses that do not 
constitute a Single User License.

     l.  "Network" means a collection of computers or other 
electronic devices that are connected to other computers or 
electronic devices.   

     m.  The terms "Payment", "Purchased", "Paid For" and/or
"Paid-For" include both payments made in U.S. Dollars (or
other authorized currency) in exchange for Software Products
as well as Software Products otherwise lawfully obtained by
Customer from Aptech.  An invoice from Aptech describes each
and every Software Product provided to Customer, Supplemental 
Licenses granted (discussed below) and any applicable License 
Fees due Aptech.  

     n.  "Noncommercial" means that the software program or
source code written or developed by Licensee using the
Software Product in the development or creation of such
software program or source code is NOT sold to other
Persons.  

     o.  "Update" means that the Customer has purchased a
higher and/or later version of the Software Product that 
replaces and terminates the licensed use of an earlier 
version of that Software Product.  The terms "Update" and 
"Upgrade" can be used interchangeably.

     p.  "Conversion" or "Converts" means that the Customer
has purchased a Software Product that replaces and
terminates the licensed use of another Software Product.

     q.  "Academic" means that the Software Product is used
at a qualified academic institution by any person who
attends or is employed by that accredited educational
institution for teaching, student, classroom, and
Noncommercial research and other educational purposes.  

     r.  "Home Use Computer License" is an additional
permanent Single User License of the Software Product
purchased that may be provided when a Customer purchases a
Single User Primary License.  It is for the sole use of that 
Customer for installation on a personal computer or portable 
device and cannot be updated separately from the Primary 
License. The Home Use Computer License also includes any 
GAUSS Application Software Products registered to the 
Primary License.

     s.  "Premier Support License" or "Laptop License" is an 
additional annually renewable Single User License of GAUSS 
or one of the GAUSS Engine family of products that may be 
provided when a Customer purchases a Premier Support 
Product from Aptech. It is for the sole use of that Customer 
for installation on a personal computer or portable device 
and cannot be updated separately from the Primary License. 
The Premier Support License also includes any GAUSS 
Application Software Products registered to the Primary 
License.

     t.  "Companion License" is a License that may be
provided at no additional fee when a Customer purchases
certain Licenses of GAUSS or one of the GAUSS Engine family
of products. It must be installed on the same computer as
the Primary License.  It is for the sole use of that
Customer and cannot be updated separately from the Primary
License. (Note: Companion License applies only to GAUSS v10 
Windows 64 bit version.

     u.  "Media" is the Software Product files provided in 
either a tangible form such as a Compact Disc (CD) or
in an electronic form such as a zip file delivered via 
download from the internet.

     v.  "Primary License" is a License of GAUSS or one of 
the GAUSS Engine family of products.

Section 2.  LICENSE.

     a.  Subject to Payment of the license fee and other
charges payable to Aptech specified
on the Software Product Invoice (or otherwise granted by
Aptech) and subject to other terms and conditions of the
License Agreement, Aptech grants to Customer a nonexclusive
limited license to use the Software Product packaged with
this License Agreement, as hereinafter described.

     b.  The Single User License granted by the License
Agreement applies to any Customer who has not also Purchased
(or otherwise been granted from Aptech) and accepted the
terms and conditions of a Supplemental License.  If the
Customer has also Purchased (or otherwise been granted from
Aptech) and accepted a Supplemental License, the
Supplemental License's terms and conditions will apply to
the Customer to the extent they modify, enlarge or replace
the Single User License terms and conditions.  Except as
modified in a Paid-For (or otherwise granted from Aptech)
Supplemental License, the Single User License and all of its
terms and conditions shall remain unchanged and fully in
effect.  If Customer has Paid For (or has otherwise been
granted from Aptech) a Supplemental License, the terms and
conditions of the Single User License are incorporated by
reference into the Supplemental License except as the
Supplemental License may modify, enlarge or replace any
specific term or condition of the Single User License terms
and conditions.

     In the event Customer Updates or Converts a Software
Product to a higher version or new Software Product, the
Customer's right to Copy, transfer, loan, rent, lease or
sublicense, assign, convey, sell, mortgage, or pledge prior
versions of the Updated or Converted Software Product is
terminated.

     c.  IF YOU HAVE PURCHASED (OR HAVE OTHERWISE BEEN
GRANTED FROM APTECH) ANY ONE OR MORE OF THE SUPPLEMENTAL
LICENSES LISTED BELOW, THEN YOU ARE ALSO BOUND BY ALL THE
TERMS AND CONDITIONS IN THE PAID-FOR SUPPLEMENTAL LICENSES
(AS LATER DESCRIBED). SUPPLEMENTAL LICENSES ARE OF THE
FOLLOWING KINDS:

              -NETWORK/SERVER LOCKED LICENSES
               - See Part 1

              -INSTRUCTIONAL LAB LICENSES - See
               Part 2

              -SITE LICENSE - See Part 3

              -GAUSS ENGINE PERSONAL EDITION/GAUSS ENGINE
               PRO LICENSES - See Part 4

              -GAUSS RUN-TIME ENGINE LICENSE (GRTE) - See
               Part 4

              -GAUSS RUN-TIME MODULE LICENSE - See Part 5

              -OTHER NOTICES - See Part 6

                  >  GAUSSplot & TECPLOT EDGE 
                  >  PTHREADS-WIN32
                  >  QT
                  >  IJG Software
                  >  SuperLU
                  >  TAUCS
                  >  Econotron, Inc.
                  >  ARPACK
                  >  dsfmt
                  >  JNA Library
                  >  Qwt and QwtPolar
                  >  QwtPlot3D

         READ THE APPLICABLE SUPPLEMENTAL LICENSES FOUND AT
THE END OF THIS LICENSE AGREEMENT FOR ALL APPLICABLE TERMS
AND CONDITIONS.

     d.  Aptech reserves all rights to the Software Products
not specifically granted herein.

     e.  THIS SECTION DESCRIBES THE SINGLE USER LICENSE
GRANTS.

          1) SO LONG AS NO TERM OR CONDITION OF THIS LICENSE
AGREEMENT AND ANY APPLICABLE SUPPLEMENTAL LICENSE IS
BREACHED, CUSTOMER MAY:  

              A.  Only use the Software Product on a single
computer at any one time;

              B.  Only use the GAUSS Light Software Product
for NONCOMMERCIAL, EDUCATIONAL/ACADEMIC PURPOSES;
        
              C.  Transfer or use the Software Product from
one computer to another over a Network (whether an intranet,
internet, wide-area network, local area network, or any
other form of network) only if Customer has obtained the
separate applicable Supplemental License from Aptech, and
provided that such transfer or use is in accordance with the
terms and conditions of the applicable Supplemental License;

              D.  Transfer the Software Product to another
Person provided that: (i) the transferor Customer provides
Aptech with a written notice of change of Registered User; 
(ii) the transferor Customer has erased, deleted and
destroyed all copies of the Software Product which remain in
Customer's possession or control;  (iii) the transferor
Customer transfers the original Media and all documentation,
including a copy of the License Agreement to the transferee
Registered User; (iv) the Software Product being transferred
is the Customer's latest registered version; (v) in any such
transfer, although the transferor Customer's right to
install, Copy or use the Software Product is terminated, the
transferor Customer shall remain obligated and liable to
Aptech for any breaches of the License Agreement occurring
prior to the transfer; and (iv) the transferee Customer and
Registered User agree to all of the terms and conditions of
the License Agreement;  

              E.  Make a reasonable number of copies of the
online documentation for personal use;

              F.  Make one Copy of the Software Product for
use as a backup Copy, or for use by Licensee with a Single
User License on a Home computer, except as restricted by
Paragraph 2)F below, provided that: (i) the Copy includes
all notices of copyright and all other proprietary rights
appearing in and on the Software Product; (ii) the Copy and
the original Software Product are not in use at the SAME
time; (iii) Customer establishes a procedure for accounting
for the Copy at all times; and (iv) Customer destroys the 
Copy when it is no longer required; and

              G.  Only when used with the GAUSS System or
GAUSS Engine Software Products and for personal and
Noncommercial use, modify those portions of any GAUSS
Applications program that are provided in a source code
form, or alter, merge, modify or adapt the GAUSS Application
Software Products or GAUSS Run-Time Library Code (GRTLC) in
any way; provided that any file using any such portions in
whole or in part of, or comprising a derivative of, the
GAUSS Application or GRTLC source code, must include all
notices of copyright and proprietary rights appearing in and
on the Software Product.  IF YOU WISH TO DISTRIBUTE ANY
PORTION OF THE GAUSS APPLICATIONS OR GRTLC SOURCE CODE, IN
WHOLE OR IN PART, YOU MUST FIRST OBTAIN WRITTEN PERMISSION
FROM APTECH SYSTEMS.

          2) YOU MAY NOT:  

              A.  Electronically transfer the Software
Product from one computer to another over a network or 
Install the Software Product on a Network Server unless
you have lawfully obtained the applicable Supplemental
License from Aptech authorizing such use;

              B.  Modify, translate, alter, merge, reverse
engineer or adapt those portions of any Software Product
that are provided in an object form in any way including
disassembling or decompiling; 

              C.  Modify or translate those portions of any
Software Product program that are provided in a source code
form, in any way, except as provided in subsection 2.e.1)G
above, without the prior written consent of Aptech; 

              D.  Copy, loan, rent, lease or sublicense,
assign, convey, sell, mortgage, pledge, or in any manner use
or transfer all or any of Customer's rights and obligations
under this Agreement or in any Software Product, except as
provided in subsection 2.e.1) above, without Aptech's prior
written consent;  

              E.  Copy, loan, rent, lease or sublicense,
assign, convey, sell, mortgage, pledge, or in any manner use
or transfer Software Products that have been Updated to a
higher version of the Software Product OR Converted to a new
Software Product;

              F.  Install or Use the Software Product on a
third computer such as a personal laptop or other portable 
device, unless Licensee has Purchased and is current with a 
Premier Support Product; 

              G.  Use the Software Product on more than one
computer at one time, including Premier Support, Home Use and
Companion Licenses.  This means that you may not run the
Software Product on two or more computers at the same time.

              H.  Reverse engineer, decompile, or do
anything other than as specifically and expressly permitted
in this Agreement or in any applicable Supplemental
License(s) for the Software Product(s), subject however to
any rights of reverse engineering or decompilation or other
acts which cannot be excluded by this Agreement under
applicable laws; provided however that the limitations and
terms and conditions in this Agreement and any Supplemental
License(s) shall be enforced as broadly as possible.

Section 3.  LIMITED WARRANTIES

Only the limited warranties expressly described in this
Section 3 are made to the Initial Customer installing the
software who has submitted a Software Registration to Aptech;
and no warranty of any kind, whether express or implied, is
made to any other Person or transferee Registered User:

     a. Aptech warrants that it has the right to grant the
licenses contained in the License Agreement.

     b. Aptech warrants that the Media in which the Software
Product is recorded is free from defects in materials and
workmanship under normal use, for a period of ninety (90)
days from the date of original delivery to Customer.

     c. NO IMPLIED WARRANTIES.  EXCEPT AS EXPRESSLY STATED
IN SECTIONS 3.a AND 3.b ABOVE AND SECTION 4.a BELOW AND TO
THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS, APTECH DOES
NOT MAKE AND HEREBY SPECIFICALLY EXCLUDES AND DISCLAIMS ALL
WARRANTIES AND/OR INDEMNITIES, WHETHER EXPRESS, IMPLIED, OR
ARISING BY TRADE USAGE OR COURSE OF DEALING, INCLUDING
WITHOUT LIMITATION, ANY AND ALL IMPLIED WARRANTIES OF
MERCHANTABILITY OR SATISFACTORY QUALITY, FITNESS FOR A
PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD PARTY
INTELLECTUAL PROPERTY RIGHTS, LACK OF VIRUSES, ACCURACY OR
COMPLETENESS, RESULTS, LACK OF NEGLIGENCE, OR ANYTHING
ELSE, WITH RESPECT TO THE SOFTWARE PRODUCT(S).

Section 4. LIMITATIONS ON LIABILITY AND REMEDIES.

     a. General. Aptech's only obligation, liability and/or
remedy, with respect to the warranties set forth in Section
3 shall be one of the following, which Aptech shall have
sole discretion to choose:  (1) to provide replacement Media
(whether in the form of the current release or otherwise) to
Software Product; (2) to replace, without charge, Software
Product with a functionally equivalent program; or (3) to
refund the applicable license fees paid to Aptech by
Customer.  These are the sole and exclusive remedies for any
breach of warranty, as determined by Aptech.  Aptech shall
have no obligation, liability or any other kind of
responsibility for the costs of restoring any destroyed or
defective data, installation of replacement Media, 
software conversion work made necessary by replacement
Media, or any other consequential damages even if Aptech had 
been specifically informed by Customer of the possibility 
or probability of any such consequences.  During the 
ninety (90) day warranty period under Section 3.b above, 
Aptech will replace, without charge, on an exchange basis, 
any Media which is not as warranted.  If tangible Media 
has been provided, Customer must return the defective 
item postpaid to Aptech, postmarked within the time period 
stated above. Customer must either insure the defective 
item being returned or assume the risk of loss or damage 
in transit. Any claim under the above warranty must 
include a copy of Customer's receipt or invoice or 
other proof of the date of delivery.

     b. LIMITATIONS OF LIABILITY AND REMEDIES.  TO THE
FULLEST EXTENT PERMITTED BY APPLICABLE LAWS, UNDER NO
CIRCUMSTANCES SHALL APTECH OR ITS DIRECTORS, OFFICERS,
MANAGERS, EMPLOYEES, AGENTS OR AFFILIATES BE LIABLE TO
LICENSEE OR ANY OF LICENSEE'S DIRECTORS, OFFICERS, MANAGERS,
EMPLOYEES, AGENTS OR AFFILIATES, FOR ANY SPECIFIC
PERFORMANCE OR FOR ANY SPECIAL, INDIRECT, INCIDENTAL,
EXEMPLARY, PUNITIVE, SPECIAL, TREBLE OR CONSEQUENTIAL
DAMAGES OF ANY KIND OR NATURE WHATSOEVER, ARISING OUT OF OR
IN ANY WAY RELATING TO THIS LICENSE AGREEMENT 
, OR FOR ANY DAMAGES FOR LOSS OF GOODWILL OR 
LOST PROFITS, LOSS OF DATA, WORK STOPPAGE OR IMPAIRMENT 
OF BUSINESS, LOSS OF PRIVACY, FAILURE TO MEET ANY DUTY 
OF GOOD FAITH OR REASONABLE CARE, NEGLIGENCE, OR FOR ANY 
OTHER PECUNIARY OR OTHER LOSSES WHATSOEVER, EVEN IF A 
PARTY OR ITS DIRECTORS, OFFICERS, MANAGERS, EMPLOYEES, 
AGENTS OR AFFILIATE HAVE BEEN ADVISED OF THE POSSIBILITY 
OF SUCH DAMAGES OR KNOWS OR SHOULD HAVE KNOWN OF THE 
POSSIBLITY OF SUCH DAMAGES, AND WHETHER OR NOT THIS 
EULA FAILS IN ITS ESSENTIAL PURPOSE.  IN NO CASE SHALL
APTECH AND ITS DIRECTORS, OFFICERS, MANAGERS, EMPLOYEES,
AGENTS OR AFFILIATES IN THE AGGREGATE HAVE ANY POTENTIAL OR
ACTUAL LIABILITY TO LICENSEE FOR ANY DAMAGES OF ANY KIND
(INCLUDING WITHOUT LIMITATION, DIRECT OR GENERAL DAMAGES)
ARISING FROM THIS AGREEMENT THAT IN TOTAL EXCEED THE LICENSE
FEES PAID BY CUSTOMER FOR THE SOFTWARE PRODUCT(S).

     c.  NOTHING IN THE FOREGOING SHALL BE DEEMED TO
EXCLUDE, RESTRICT OR LIMIT IN ANY MANNER THE LIABILITY, IF
ANY, OF LICENSEE OR ANY OTHER PERSON FOR ANY INFRINGEMENT,
MISAPPROPRIATION OR OTHER VIOLATION OF ANY OF APTECH'S
COPYRIGHTS, CONFIDENTIAL INFORMATION OR OTHER INTELLECTUAL
PROPERTY RIGHTS, OR BREACH OF THIS AGREEMENT.

Section 5. TRADE SECRETS AND INTELLECTUAL PROPERTY.

     a. Intellectual Property.  This License Agreement
neither shall be deemed to assign, transfer, or convey to,
nor assigns, transfers or conveys to, Customer any right,
title or interest to any part of any of the Software
Product(s) beyond the express terms of the grants of
licenses described in this License Agreement and, when
applicable, Supplemental License(s).  In addition, the
Intellectual Property's trade secrets shall not be
Disclosed, used, disseminated, or published other than in
accordance with the terms and conditions of this License
Agreement and, when applicable, Supplemental License(s). 
Aptech reserves to itself all rights, title and interest
that are not expressly licensed herein.

     b. Copyrights. The Software Product also contains
copyrights owned by Aptech under the copyright laws of the
United States, the Universal Copyright Convention and the
Berne Convention.

     c. Licensee recognizes and acknowledges the exclusive
right of Aptech in and to Aptech's trademarks, service
marks, trade names, copyrights and any other intellectual
property rights in the Software Product(s) except as
expressly stated herein with respect to rights licensed from
third parties. Licensee agrees not to make any intellectual
property rights claims that use or incorporates in any way
any of Aptech's confidential Information or intellectual
property rights and further agrees not to file any
application for patent protection which claims the
intellectual property rights of Aptech.

Section 6.  TERMINATION OF LICENSE GRANTS.

     a. Except for the termination of the grants of license
described herein, all other terms and conditions of this
License Agreement and any applicable Supplemental Licenses
(when Paid For or otherwise obtained from Aptech) shall
survive any such termination of the license rights granted
to Customer hereby.  All license grants made to Customer are
automatically terminated upon any breach of any term or
condition of the License Agreement and/or applicable
Supplemental License.  In the event of any such termination,
the Customer shall immediately destroy any and all existing 
copies of the Software Product in the possession or control 
of the Customer, and the Customer shall certify in writing 
Customer's compliance with this provision.

     b. No termination of the license grants made herein
shall act to release, waive or otherwise discharge Customer
from any and all claims and causes of action held by Aptech
against Customer for breach of the License Agreement and/or
applicable Supplemental Licenses, infringement of
intellectual property rights, misappropriation of trade
secrets, or any other claim or cause of action arising from
Customer's wrongful acts and omissions.

Section 7.  GENERAL.

     a. Aptech's Benefit, Applicable Law, Jurisdiction, and
Venue. This Agreement is made for the sole benefit of the
parties hereto, and there are no third party beneficiaries
of this Agreement, including without limitation any
third-party users of any products using or derived from any
GAUSS products.  This License shall be interpreted under the
laws of the State of Arizona, notwithstanding the
application of any jurisdiction's choice-of-law rules to the
contrary.  Customer and Aptech consent to personal
jurisdiction, subject matter jurisdiction, and venue in the
state and federal courts sitting in Maricopa County, State of
Arizona.  Any action relating to this Agreement must be
brought in the state or federal courts located in Phoenix,
Maricopa County, Arizona, except as set forth in Section 7.d
above with respect to Aptech's option described therein.

     b. Attorney's Fees. In the event legal action is
brought by either party to enforce any of the provisions of
this Agreement, the prevailing party shall recover its
reasonable attorney's fees, costs, and expenses, including,
but not limited to, fees, costs and expenses of collecting
any judgment.

     c. Invalidity/Unenforceability/Waiver; Savings Clause.
The invalidity or unenforceability of any provision of this
Agreement shall not affect or impair the validity or
enforceability of any other provision hereof.  The exercise
of any right or remedy herein provided shall be without
prejudice to the right to exercise any other right or remedy
provided herein or by law.  No waiver of rights shall be
valid unless contained in a writing specifically referring
hereto and signed by the party against whom enforcement is
sought.  If any provision of this Agreement shall be held
invalid, illegal or unenforceable in any jurisdiction, for
any reason, then, to the full extent permitted by law all
other provisions hereof shall remain in full force and
effect in such jurisdiction and shall be construed liberally
in order to carry out the intent of the parties hereto as
nearly as may be possible, and any court or arbitrator
having jurisdiction over such matters shall have the power
to reform such provision to the extent necessary for such
provision to be enforceable under applicable laws so as to
be closest to the interpretation of this Agreement under the
laws of the State of Arizona.

     d. Severability.  All agreements and covenants
contained in this Agreement, the Supplemental Licenses, and
any documents (tangible or intangible, electronic, magnetic,
or in any other format or Media) incorporated by reference
herein, are severable and in the event that any of them
shall be held to be invalid by any competent court, this
Agreement, Supplemental Licenses, and referenced documents
shall be interpreted as if such invalid agreement or
covenant is not contained herein and all other provisions
shall remain in full force and effect.

     e. Export.  Licensee shall comply with any and all
United States export laws and regulations if the
installation of the Software Product(s) is out of the United
States.

     f. Entire Agreement. The License Agreement and any
applicable Supplemental License(s) constitute the entire
agreement between the parties and hereby supersede any and
all oral or other agreements, statements, representations,
and/or negotiations that may are not expressly incorporated
in the License Agreement and any applicable Supplemental
Licenses.   No purchase order from Licensee shall supersede,
expand or otherwise amend this Agreement or any applicable
Supplemental License.  If there is any inconsistency between
a term or condition of such Purchase Order and a term or
condition of this Agreement or any applicable Supplemental
License(s),  the term or condition of this Agreement or any
Supplemental License shall prevail over the Purchase Order. 
This Agreement and any Supplemental License may not be
modified or amended except by an instrument in writing
signed by the parties hereto. 

     g. US Government Restricted Rights. This Section 8.g is
applicable only to any Licensee that is a United States
governmental agency or entity, and in such cases, Aptech's
Software Product(s) is/are provided with restricted rights
under United States laws.  Use, duplication or disclosure by
the U.S. Government is subject to restrictions as set forth
in subparagraph (c) (2) (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.  To the extent that these regulations have been
or are amended or supplemented, all terms and conditions
elsewhere in this Agreement shall prevail to the fullest
extent allowable by these regulations, any amendments and
any future changes or supplements with respect to any such 
licensees. Contractor/manufacturer is Aptech Systems, Inc.,
2350 East Germann Road, Suite 21, Chandler, AZ 85286, USA.

     h. Interpretation; English.  This Agreement and any
applicable Supplemental License shall be interpreted without
regard to any rule disfavoring the party who drafted any
specific term, condition or language.  Interpretation of
this Agreement and any Supplemental License shall be based
on the English language.  If there is any translation of
this Agreement or any Supplemental License into a language
other than English, the English language versions shall
control if there is any conflict between the foreign
language translation and the English language.  In any case
where the intended installation of the Software Product(s)
is not the within the United States of America, Licensee and
Aptech shall jointly ask the court and arbitrator in any
circumstance where the laws of such other country are
determined to apply to this Agreement or any Supplemental
License to nevertheless interpret such laws to enforce the
terms and conditions of this Agreement and any applicable
Supplemental License(s) so as to be equivalent to or
substantially the same as such terms and conditions would be
construed in the State of Arizona, USA, notwithstanding
any potential application of laws of the country of intended
destination and use.

     i.  No rights of third parties.  No person or entity
who or that is not the Licensee shall have any right of any
kind to enforce any term of this Agreement or any applicable
Supplemental License(s), regardless of whether such person
or entity has been identified by name, as a member of a
class or as answering a particular description.

SUPPLEMENTAL LICENSE TERMS & CONDITIONS

PART 1

NETWORK/SERVER LOCKED LICENSES: The following terms and 
conditions apply to the Network/Server Locked License for 
the applicable Software Products ("N/SL License" herein) 
as supplemental terms and conditions to the Single User 
License Agreement set forth above.

Section 1.  Definitions.

    a. "Network/Server Locked License" or "N/SL License" 
means the above Single User License Agreement and these 
supplemental terms and conditions.

    b. "Site" means the location specified in the
Software Registration designating where the Software Product
shall be installed and used.

    c. "Server" means the computer network that is used to 
run the Software Products.

    d. "Server Locked" means the Software Product is
installed and executed on one Server for an unlimited number
of simultaneous users. 

    e. "Network Increments" means the number of simultaneous
or concurrent users specified on the invoice sent by Aptech, 
in addition to the one included with the Initial Network 
License, that are authorized by the N/SL License described in 
Section 2.a. below to access or use the Software Products at 
any one time.

Section 2. License. This N/SL License is comprised of two
separate sub-license components:  Network License and Server
Locked License. The Aptech invoice accompanying the Software 
Product specifies the applicable sublicense Purchased by 
Licensee.

    a. Network License

          1) General. Subject to the terms and conditions
contained in the Single User License as modified by this
N/SL-Network License, Aptech grants Licensee a nonexclusive,
nontransferable license to install and use the applicable
GAUSS System, GAUSS Engine and/or GAUSS Application Software
Products on computers that are connected to a Network Server 
for use up to the number of simultaneous or concurrent users 
less than or equal to the number of Network Increments 
Purchased by Licensee.  In the event Licensee wishes to 
transfer its License to another Person, Licensee must contact 
Aptech for written permission to approve such transfer.  

          2) Change in Number of Network Increments. In the
event that Licensee wishes to increase the number of Network
Increments, Licensee shall contact Aptech to increase the
number of Network Increments covered by this N/SL-Network 
License and Aptech will accordingly modify the License Fee 
amount and invoice Licensee.

          3) Licensee may only Install or Use the Software
Product on a home or portable device if Licensee has
purchased and is current with a Premier Support Product and 
has paid the separate, applicable, annual License Fee for 
such home or portable device use. Licensee shall limit the 
installation of the Software Product onto only home or 
portable devices of End Users that REGULARLY use the Software 
Product at the Licensee's Site.  The number of home or 
portable devices that the Software Product is installed onto 
shall not exceed the total number of Premier Support Licenses 
Purchased by Licensee, not to exceed the total number of 
Network Increments of the Network License. Under no 
circumstances shall one Premier Support License be installed 
on more than one home or portable device at any one time.   

    b. Server Locked License. Subject to the terms and
conditions contained in the Single User License as modified
by this N/SL-Server Locked License, Aptech grants Licensee a
nonexclusive, nontransferable license to install and use the
applicable Software Products, excluding the GAUSS Engine Pro,
on a single Server up to an unlimited number of simultaneous 
users.  

          1) In the event Licensee wishes to transfer its
License to another Person, Licensee must contact Aptech for
written permission to approve such transfer.

          2) Licensee may NOT Install or Use the Software
Product on a home or portable device.  

          3) Change in Number of Server CPUs.  In the event
Licensee increases the number of CPUs on their Server,
Licensee shall contact Aptech to increase the number of CPUs
covered by the N/SL-Server Locked License and Aptech will
accordingly modify the License Fee amount and invoice
Licensee.

Section 3. Scope of Use.   

     a. General. This N/SL License is applicable to one
physical location and does not include Campus extensions or
other business locations.   

     b. Home/Portable Device (Laptop) Use. Installation of 
the Software Products on a home computer or Portable Device 
is prohibited under this N/SL License, except as provided 
for above in Section 2 for the applicable N/SL sublicense.

     c. Network Use. Use of the Software Product on a Network 
Server is prohibited, except as provided for above in Section 
2 of this Supplemental License for the applicable N/SL 
sublicense. The Software Product contains a license manager 
that governs the number of Network Increments and access to 
the Software Products. Under no circumstances shall any one 
Copy of a Network Increment be used on more than one Network 
Server at any one time. 

     d. Disaster Recovery Use ("DR Use").  Licensee is 
authorized to install the Software Product on a second License 
Server for Disaster Recovery purposes only. A DR Use License 
File may be provided when a Customer purchases a Premier 
Support Product from Aptech. It is for the sole use of that 
Customer for installation on a Disaster Recovery Server and 
cannot be updated separately from the Primary License. The 
Disaster Recovery License also includes any GAUSS Application 
Software Products registered to the Primary License.
   

PART 2

INSTRUCTIONAL LAB LICENSES: The following terms and 
conditions apply to the Instructional Lab License for GAUSS 
System and GAUSS Applications as supplemental terms and 
conditions to the Single User License set forth above.

Section 1.  Definitions.    

     a. "Instructional Lab" or "Lab License" means the 
above Single User License Agreement and these supplemental 
terms and conditions.

     b. "Site" means the location specified in the
Software Registration where the Software Products shall be
installed and used.

     c. "Lab Increments" means the number of users specified
on the invoice sent by Aptech, in addition to the one
included with the Initial License, who are authorized by
this Lab License to use/access the Software Products at any
one time. 

     d. "Lab" means a room or classroom that contains the 
academic institution-owned computers where the Software 
Product is installed and Used for educational purposes.  

Section 2.  License.  

     a. General. Subject to the terms and conditions
contained in the Single User License as modified by this Lab
License, Aptech grants Licensee a nonexclusive, 
nontransferable license to use the Software Products at the
Site up to the number of computers or terminals (stand-alone
or networked owned by the Licensee) equal to the number of 
Lab Increments so Purchased.  In the event Licensee wishes to 
transfer its License to another Person, Licensee must contact 
Aptech for written permission to approve such transfer.

     b. Change in Number of Lab Increments. In the event
that Licensee wishes to increase the number of Lab Increments, 
Licensee shall contact Aptech.  If Aptech agrees to the 
modification, the number of Lab Increments shall be so 
increased and Aptech will accordingly modify the License
Fee amount and invoice Licensee.

Section 3.  Scope of Use.   

     a. General. The Lab License allows Licensee to use the
Software Products SOLELY AND EXCLUSIVELY FOR TEACHING AND
CLASSROOM PURPOSES. Without limiting the foregoing, this Lab
License does not authorize Licensee to use the Software
Products for paid research or other non-teaching purposes. 

     b. Home/Portable Device (Laptop) Use. Installation of 
the Software Products on a home computer or personal portable 
device is prohibited under this Lab License.

     c. Network Use. To install Lab Increments on a Network 
Server, the Network Use Option must be purchased for an 
additional fee.  The Software Product contains a license 
manager that governs the number of Lab Increments and access 
to the Software Products.  Under no circumstances shall any 
one Copy of a Lab Increment be used on more than one Network 
Server at any one time. Licensee is responsible to ensure 
that at under no circumstances shall the total number of 
simultaneous users on networked computers plus stand-alone 
computers using the Software Products exceeds the number of 
Lab Increments Purchased. 

Section 4.  License Fees. In consideration of this Lab
License, Licensee agrees to pay the yearly license fee
("License Fee") specified in the invoice accompanying the
Software Products according to the terms and conditions
therein stated.

Section 5.  Maintenance & Support. From time to time, Aptech
may publish, but has no obligation to publish, major or
minor updates to the Software Product, and Aptech may
provide, at Aptech's sole discretion, such updates to
Licensee during the term of this Lab License.  During the
term of this Lab License, Aptech shall provide telephone or
email support services during Aptech's regular business hours 
to Licensee provided that such support is requested by the
"Support Contact Persons" designated in the Software Product
Registration.  Aptech is not obligated to provide telephone 
or email support to any users of the Software Product other 
than those designated in the Software Registration.

Section 6.  Term and Termination. The term of this Lab
License is three years, commencing upon the date of Aptech's
invoicing Licensee for the first year's License Fee, subject
to Licensee complying with the terms and conditions of the
Single User License Agreement, as modified by this Lab
License, including without limitation payment of the invoice
in accordance with its terms and conditions. This Lab
License is renewable upon the expiration of each three year
term for an additional three year term upon the payment of
the then current yearly License Fee by Licensee. Aptech may
terminate this Lab License without notice if Licensee
materially breaches the terms of this Supplemental Lab
License or the Single User License, including, but not
limited to, the nonpayment of the yearly License Fee.  Upon
termination or expiration of this Lab License, Licensee 
destroy all physical copies of the Software Products and 
erase all copies from any storage systems owned or under 
the control of Licensee.

PART 3

SITE LICENSE: The following terms and conditions apply to
the Site License for the Software Products as supplemental 
terms and conditions to the Single User License Agreement 
set forth above.  

Section 1.  Definitions.

     a. "Site License" means the above Single User License
Agreement and these supplemental terms and conditions.

     b. "Site" means the location specified in the Software 
Registration where the Software Products shall be installed 
and Used.

     c. "Site Increments" means the number of computers
specified on the invoice sent by Aptech that are authorized
by this Site License, in addition to the one included with
the Initial Site License, to have the Software Products
installed.  If the Network Option is Purchased, the number 
of Site Increments means number of simultaneous users that 
may Use/access the Software Products at any one time.  
               
Section 2.  License.  

     a. General. Subject to the other terms and conditions
contained in the Single User License, the Site License
grants Licensee a nonexclusive, nontransferable license to
install and use the applicable Software Products on stand-
alone computers owned by the Licensee at the Site up to the 
number of computers or terminals equal to the number of Site 
Increments. In the event Licensee wishes to transfer its 
License to another Person, Licensee must contact Aptech for 
written permission to approve such transfer.

     b. Change in Number of Site Increments. In the event
that Licensee wishes to increase the number of Site
Increments, Licensee shall contact Aptech.  If Aptech agrees
to the modification, the number of Site Increments shall be
so increased and Aptech will accordingly modify the License
Fee amount and invoice Licensee.

Section 3.  Scope of Use.  

     a. General. The Site License is applicable to one
physical location and does not include Campus extensions or
other business locations.  

     b. Network Use. If a Site Computer is connected to a
Network Server, the Software Product must be installed on 
that computer's hard-drive and executed on that computer's 
CPU unless the Network Use Option is Purchased by Licensee 
(as described below).   

     c. Home/Portable Device (Laptop) Use. Installation of 
the Software Products on a home or personal portable devices, 
including personal laptop computers, is prohibited under 
this Site License unless the Home/Laptop Use License Option 
is Purchased (as described below).

Section 4.  Network or Home/Laptop Use License Options. 
Additional License Options may be obtained from Aptech for
installation of the Software Product onto a Network Server, 
home or portable device upon the Payment of an additional 
fee and compliance with the applicable terms for Home/Laptop 
or Network Use set forth below:  
  
     a.  Home/Laptop Use License Option. Licensee shall limit 
the installation of the Software Product onto only home or 
portable devices such as laptop computers of End Users that 
REGULARLY use the Software Product at the Licensee's 
Site.  The number of home computers or portable devices that 
the Software Product is installed onto shall not exceed the 
total number of Site Increments Purchased by Licensee. Under 
no circumstances shall one Site Increment be used on more 
than one home or portable device at any one time. 

     b.  Network Use Option. The Software Product contains a 
license manager that governs the number of Network Increments 
and access to the Software Products.  Under no circumstances 
shall the total number of simultaneous users plus stand alone 
computers exceed the number of Site Increments Purchased by 
Licensee. 

Section 5. License Fees. In consideration of this Site
License, Licensee agrees to pay the yearly license fee
("License Fee") specified in the invoice accompanying the
Software Products according to the terms and conditions
therein stated.

Section 6. Maintenance & Support. From time to time, Aptech
may publish, but has no obligation to publish, major or
minor updates to the Software Product, and Aptech may
provide, at Aptech's sole discretion, such updates to
Licensee during the term of this Site License.  During the
term of this Site License, Aptech shall provide telephone and
email support services during Aptech's regular business hours 
to Licensee provided that such support is requested by the
"Support Contact Persons" designated in the Software Product
Registration.  Aptech is not obligated to provide telephone 
or email support to any users of the Software Product other 
than those designated in the Software Registration.

Section 7. Term and Termination. The term of this Site
License is three years, commencing upon the date of Aptech's
invoicing Licensee for the first year's License Fee, subject
to Licensee's compliance with the terms and conditions of
this Site License, including without limitation, payment of
the invoice in accordance with its terms and conditions. 
This Site License is renewable upon the expiration of each
three year term for an additional three year term upon the
payment of the then current yearly License Fee by Licensee.
Aptech may terminate this Site License without notice if
Licensee materially breaches the terms of this Supplemental
Site License or the Single User License, including, but not
limited to, the nonpayment of the yearly license fee.  Upon
termination or expiration of this Site License, Licensee
must return or destroy all physical copies of the Software
Products and erase all copies from any storage systems owned
or under the control of Licensee.

PART 4

GAUSS ENGINE PRODUCTS ["GE PRODUCTS": GAUSS PERSONAL
EDITION (GEPE)/GAUSS ENGINE PRO(GEP)LICENSES: The
following terms and conditions for the GE Products License
apply to the GAUSS Engine Personal Edition, GAUSS Engine
Pro, JAVA API and any GAUSS Applications Software Products
used with the GE Products as supplemental terms and 
conditions to the Single User License set forth above. Note: 
The terms and conditions that apply to the GEP License also 
apply to the GAUSS Engine for Workgroups and GAUSS Enterprise 
Engine products.

Section 1.  Definitions.   

     a. "GE Products License" means the above Single User
License Agreement and these supplemental terms and conditions.   

     b. "GAUSS Engine Products incorporate the GAUSS Engine,
which is a dynamic library that can be linked with software
programs written in other programming languages that can
compile and execute programs written in the GAUSS
programming language (GAUSS programs).  The GAUSS Engine
Personal Edition does not include any redistribution rights,
while the GAUSS Engine Pro product includes additional 
rights described in this Agreement.

     c. "Licensee's Program" means one or more software
programs which are owned, developed, or acquired by Licensee
and which requires the GEPE or GEP to execute.

     d. "GAUSS Engine Pro (GEP)" means the GAUSS Engine
product with redistribution rights and certain usage
restrictions.  The GEP is a product of Aptech Systems, Inc. 
Aptech owns all rights, title and interest in and to and
markets software programs called GEP.  The GEP is a dynamic
library that can be linked with software programs written in
other programming languages that can compile and execute
programs written in the GAUSS programming language (GAUSS
programs). The GEP includes the functionality sometimes
referred to as the "GAUSS Run-Time Engine(TM)" for the
redistribution of Licensee's Programs.

     e.  "Licensee's End User" means the Person who is using
or executing Licensee's Program. 

Section 2.  License.

     a.  GAUSS Engine Personal Edition or GAUSS Engine Pro.

         1)  General. Licensee desires to allow Licensee's
End Users to access Licensee's Program. Subject also to the
other terms and conditions contained in the Single User
License (which are incorporated as if fully restated herein), 
the Supplemental GE Products License grants Licensee a 
nonexclusive, nontransferable license to install and use the 
GE Products provided that the following conditions are 
also met:

              A.  Each End User must own or have lawful and
authorized access to a registered Copy of the GEPE or GEP
Software Product to run Licensee's Program; or License's
Program must be compiled, in whole or in part, with a 
matched (coded to work) license of the GAUSS Run-Time Engine;

              B.  Licensee's Program must be in object code
only in conjunction with and as a part of a Software Product
developed by Licensee that adds significant additional
features and functionality to the GEPE or GEP;

              C.  Licensee's Program must not substantially
duplicate the capabilities of Aptech's GAUSS Software, JAVA
API or GAUSS Application products or, in the reasonable
opinion of Aptech, compete with the GAUSS Software, JAVA API
or GAUSS Application products;  

              D.  Licensee must not use Aptech's name, logo,
or trademarks to market Licensee's Program without the
express written approval from Aptech;

              E.  Licensee shall have notified its End Users
that Aptech Systems, Inc. shall have no liability,
responsibility, or any other obligation to End User arising
from, in connection with, or regarding any use of Licensee's
Program, and Licensee shall require each of its End Users to
agree to the following:

                  THE USER OF LICENSEE'S PROGRAMS ENTITLED
[insert name of program or programs]:
_____________________________________ HEREBY WAIVES,
DISCHARGES AND RELEASES APTECH SYSTEMS, INC., AND ITS
OWNERS, OFFICERS, OR EMPLOYEES, FROM ANY AND ALL CLAIMS OF
ANY KIND, EXPRESS OR IMPLIED, ASSERTED OR NOT ASSERTED,
KNOWN OR UNKNOWN, ARISING BY LAW OR OTHERWISE WITH RESPECT
TO LICENSEE'S USE OF LICENSEE'S PROGRAMS, INCLUDING, BUT NOT
LIMITED TO, CLAIMS BASED ON:  (1) IMPLIED WARRANTY OF
MERCHANTABILITY OR FITNESS FOR A SPECIFIC PURPOSE;  (2)
IMPLIED WARRANTY ARISING FROM COURSE OF PERFORMANCE, COURSE
OF DEALING, OR USAGE OF TRADE; AND (3) ANY OTHER OBLIGATION,
LIABILITY, RIGHT, CLAIM, OR REMEDY, WHETHER IN TORT,
CONTRACT, OR OTHERWISE.  IN NO CASE SHALL APTECH SYSTEM,
INC. BE LIABLE TO THE USER OF LICENSEE'S PROGRAMS FOR ANY
DAMAGES OR EXPENSES (INCLUDING ATTORNEY FEES), INCLUDING
WITHOUT LIMITATION, RESULTING, DIRECT, INCIDENTAL, INDIRECT,
SPECIAL, CONSEQUENTIAL (INCLUDING, BUT NOT LIMITED TO, LOSS
OF USE, REVENUE, PROFIT, OR DATA), PUNITIVE, EXEMPLARY,
STATUTORY OR ANY OTHER DAMAGES.

                  Licensee shall include in its End-User
license the above notice and the terms and conditions set
forth below in Part 6 - Other Notices as follows: 
                  - PTHREADS-WIN32
                  - SuperLU
                  - TAUCS
                  - ARPACK
                  - dsfmt
                  - JNA Library
                  - Qwt, QwtPolar and QwtPlot3D
         
              F.  Licensee must include the following
copyright and trademark notices in the startup screen and
End User manual/documentation of the Licensee's Program:
"GAUSS, GAUSS Engine Personal Edition, GAUSS Engine Pro,
JAVA API and GAUSS Run-Time Engine are trademarks of Aptech
Systems, Inc. Copyright 1983-2014. All Rights Reserved
Worldwide";  

              G.  Licensee shall defend, indemnify, and hold
Aptech Systems, Inc. and its suppliers harmless from and
against any claims, proceedings, and lawsuits, as well as
any damages, expenses, costs (including attorney's fees),
that arise or result from the use or distribution of
Licensee's Program; and

              H.  In the event Licensee wishes to transfer
its License to another Person, Licensee must contact Aptech
for prior written permission to approve such transfer.

         2)  Use. 

              A.  The GEPE may be licensed for Single User,
Network or Server Locked License Use.

              B.  The GEP may be licensed for Network
License Use only. 

              C.  The JAVA API must be licensed the same as
the associated GEPE or GEP license.

                  The applicable Use shall be set forth in
Aptech invoice accompanying the Software Product.

          3)  Redistribution of Licensee's Program. 
Licensee may redistribute Licensee's program so long as
Licensee is in compliance with the terms and conditions of
this License Agreement and Licensee has purchased a
registered Copy of the GEPE or GEP Software Product. In
addition, the End User must own or have legitimate and
authorized access to a registered Copy of the GEPE or GEP
Software Product to run Licensee's Program; or License's
Program must be compiled with a match license of the GAUSS 
Run-Time Engine included with Licensee's registered Copy of 
the GEP Software Product. 

     b.  POSIX Threads for Win 32:  The GE Products are
intended to run with POSIX Threads for Win 32 ("Pthreads
Win32"; the "Library").  That Library is available at
http://sources.redhat.com/pthreads-win32.  Please note that
you will be required to comply with the terms and conditions
of the GNU license that applies to the Library if you choose
to take any action subject to the applicable GNU license. 
The applicable GNU license should be posted or linked to the
above-described Web page.  Nothing herein is intended to
change any of the terms and conditions of this Aptech
License or to make any of Aptech's programs subject to any
of the GNU licenses.  You are still required to comply with
the terms and conditions of this Aptech License and may not
take any action that impairs, limits, or otherwise damages
Aptech's ownership of its intellectual property incorporated
in Aptech's programs.

     c.  GAUSS Run-Time Engine (GRTE).

          1)  General.  The GRTE allows Licensee's Programs,
that include GAUSS Programs that have been compiled by the
GEP,to be distributed to and executed by an End User without
the End User owning or having access to a registered or
authorized Copy of a GE Software Product. Licensee must
own a registered Copy of the GEP Software Product that
includes the GRTE. If the GEP, is not so purchased, End
Users must own or have access to a registered and authorized
Copy of a GE Product to run Licensee's programs. 

          2)  Licensed use of the GAUSS Run-Time Engine
(GRTE) included with a GEP License purchased at the Academic
price is restricted to use by an accredited Academic
institution for NON-COMMERCIAL purposes only. In the event,
a non-Academic institution (e.g., corporation, governmental
entity, etc.) contracts with or otherwise engages an
Academic institution to do work on its behalf and the
resulting work requires the GRTE, then the applicable
corporate or government License price would apply to the
purchase of the GEP License as it is the corporation or
governmental entity that is actually selling and/or
distributing the product, not the "Academic" institution.

          3)  Redistribution of Licensee's Program. The GRTE
is included in and matched (coded to work) with a registered
Copy of the GEP Software Product.  Licensee of a Software
Product that includes the GRTE intends to allow Licensee's
End Users to access Licensee's Program which require the GEP
to execute.  By providing the GRTE to Licensee's End Users,
the Licensee's End Users are not required to Purchase their
own License of Aptech's GEP Software Product to execute
Licensee's Programs. Subject to the other terms and
conditions contained in the Single User License, and any
other applicable Supplemental Licenses, this License grants
Licensee a nonexclusive, nontransferable license to install,
use and distribute the GRTE provided that the following
conditions are also met:

              A.  Licensee may make the GRTE available 
(e.g., via tangible Media or download from the Internet or 
Intranet) to its customers and End Users; 

              B.  Licensee may only compile Licensee's 
Program with the matched (coded to work) GEP Software Product 
that includes the GRTE;

              C.  Under no circumstances may Licensee of the
GEPE utilize another Licensee's GEP to compile Licensee's
programs for redistribution;

              D.  Licensee indemnifies, holds harmless, and
defends Aptech and its suppliers from and against any claims
or lawsuits, including attorney's fees, that arise or result
from the use or distribution of Licensee's Program; and

              E.  In the event Licensee wishes to transfer
its License to another Person, Licensee must contact Aptech
for written permission to approve such transfer.

Section 3.  Proprietary Rights.

     a. Licensee shall use its best efforts and take all
steps reasonably necessary to prevent unauthorized
installation, copying, display, execution, distribution or
other use in whole or in part of the GEPE or GEP Software
Products.

     b. No title or ownership of the Software Product or
related materials and documentation is transferred to
Licensee hereunder.  Licensee shall not alter or modify
Software Product without the prior express written consent
of Aptech.

     c. Licensee is granted no rights of any kind with
respect to the source code of Software Product.

     d. All copies of Licensee's Programs permitted to be
distributed by Licensee shall properly include in full and
within the executable object files Aptech's copyright,
trademark and proprietary notices and serial numbers
included with or accompanying the Software Product.

     e. Licensee shall not make any changes to the
executable code of Software Product, except as provided in
Section 2.e. of the Single User License Agreement, without
the prior written consent of Aptech.

     f. Licensee recognizes and acknowledges the exclusive
right of Aptech in and to all trademarks, service marks,
trade names, copyrights, and other intellectual property and
proprietary rights in and to Software Product.  Licensee
shall not use Aptech's trademarks, service marks, or trade
names in conjunction with the marketing of a Licensee's
Program or for any other purpose without the prior written
consent of Aptech.

Section 4.  Infringement; Indemnity.  Licensee shall defend,
indemnify and hold harmless Aptech from and against any and
all claims, losses, harm, liability, damages and costs
(including but not limited to, reasonable attorney's fees)
relating to any claim, action, suit, or proceeding based
upon infringement by Licensee of any copyright, trade
secret, patent or other right of a third party.  Licensee
hereby indemnifies and holds harmless Aptech from and
against any and all claims, actions, liabilities, costs and
demands including reasonable attorney's fees arising with
respect to any Licensee's Program.

PART 5

GAUSS RUN-TIME MODULE (GRTM) LICENSE .  This License
Agreement applies.  

PART 6 - OTHER NOTICES

1.  PTHREADS-WIN32:  IF YOU ARE USING ANY APTECH PRODUCT
THAT USES THE "Pthreads-win32 - POSIX Threads Library for
Win32," Copyright (C)1998 John E. Bossum;  Copyright (C)
1999, 2002 Pthreads-win 32 contributors -- listed in January
2002 at the following World Wide Web locations:

http://sources.redhat.com/pthreads-win32/contributors.html),

please refer to \pthreads\README.pthreads.txt located in the
GAUSS installation subdirectory for additional terms and
conditions for use of the "Pthreads-win32 - POSIX Threads
Library for Win32."

2.  GAUSSplot & TECPLOT EDGE:  GAUSSplot incorporates
TECPLOT EDGE, a product of Tecplot, Inc. TECPLOT EDGE is
licensed to be used in conjunction with GAUSS applications
and not for any other use. Use of TECPLOT EDGE for plotting
data not generated from GAUSS applications is prohibited. 
TECPLOT is a registered trademark of Tecplot, Inc. of 
Bellevue, Washington, U.S.A.  Copyright 2004 by Tecplot,
Inc. All Rights Reserved Worldwide.

ENCSA Hierarchical Data Format (HDF) Software Library and
Utilities Copyright (C) 1988-1998 The Board of Trustees of
the University of Illinois. All rights reserved. 
Contributors include National Center for Supercomputing
Applications (NCSA) at the University of Illinois, Fortner
Software (Windows and Mac), Unidata Program Center (netCDF),
The Independent JPEG Group (JPEG), Jean-loup Gailly and Mark
Adler (gzip). Bmptopnm, Netpbm Copyright (C)  1992 David W.
Sanderson.  Dlcompat Copyright (C) 2002 Jorge Acereda,
additions and modifications by Peter O'Gorman. Ppmtopict
Copyright (C) 1990 Ken Yap.

3.  Qt.  Qt is a product of Nokia Corporation. Copyright
2010. All Rights Reserved. Qt, Nokia, the Qt logo and the
Nokia logo are registered trademarks of  Nokia Corporation.
The Software Product may include portions developed using
Qt.

4.  IJG Software:  IJG is copyright (C) 1991-1998, Thomas G.
Lane.  The Software Product may include a graphics viewer
component which is based in part on the IJG Software, a work
of the Independent JPEG Group.

5.  SuperLU:  See 
http://crd.lbl.gov/~xiaoye/SuperLU/superlu_ug.pdf.  Author
contact information is at such link.  The following are
required notices:

"1.6  Software Status and Availability:

"All three libraries are freely available for all uses,
commercial or noncommercial, subject to the following
caveats. No warranty is expressed or implied by the authors,
although we will gladly answer questions and try to fix all
reported bugs. We ask that proper credit be given to the
authors and that a notice be included if any modifications
are made.

"The following Copyright applies to the whole SuperLU
software.

"Copyright (c) 2003, The Regents of the University of
California, through Lawrence Berkeley National Laboratory
(subject to receipt of any required approvals from U.S.
Dept. of Energy).

"All rights reserved.

"Redistribution and use in source and binary forms, with or
without modification, are permitted provided that the
following conditions are met: 

"(1) Redistributions of source code must retain the above
copyright notice, this list of conditions, and the following
disclaimer. 

"(2) Redistributions in binary form must reproduce the above
copyright notice, this list of conditions and the following
disclaimer in the documentation and/or other materials
provided with the distribution. 

"(3) Neither the name of Lawrence Berkeley National
Laboratory, U.S. Dept. of Energy, nor the names of its
contributors may be used to endorse or promote products
derived from this software without specific prior written
permission.

"THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND
CONTRIBUTORS "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES,
INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE
DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT OWNER OR
CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT
NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES;
LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION)
HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN
CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR
OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS
SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH
DAMAGE. 

"Some routines carry the additional notices as follows: 

"1. Some subroutines carry the following notice:

"Copyright (c) 1994 by Xerox Corporation. All rights
reserved. THIS MATERIAL IS PROVIDED AS IS, WITH ABSOLUTELY
NO WARRANTY EXPRESSED OR IMPLIED. ANY USE IS AT YOUR OWN
RISK.

"Permission is hereby granted to use or copy this program
for any purpose, provided the above notices are retained on
all copies. Permission to modify the code and to distribute
modified code is granted, provided the above notices are
retained, and a
notice that the code was modified is included with the above
copyright notice.

"2. The MC64 routine (only used in SuperLU DIST) carries the
following notice:
COPYRIGHT (c) 1999 Council for the Central Laboratory of the
Research Councils. All rights reserved. PACKAGE MC64A/AD
AUTHORS Iain Duff (i.duff@rl.ac.uk) and Jacko Koster
(jak@ii.uib.no) LAST UPDATE 20/09/99

"*** Conditions on external use ***

"The user shall acknowledge the contribution of this package
in any publication of material dependent upon the use of the
package. The user shall use reasonable endeavors to notify
the authors of the package of this publication. The user can
modify this code but, at no time shall the right or title to
all or any part of this package pass to the user. The user
shall make available free of charge to the authors for any
purpose all information relating to any alteration or
addition made to this package for the purposes of extending
the capabilities or enhancing the performance of this
package.

"The user shall not pass this code directly to a third party
without the express prior consent of the authors. Users
wanting to license their own copy of these routines should
send email to hsl@aeat.co.uk

"None of the comments from the Copyright notice up to and
including this one shall be removed or altered in any way.

"All three libraries can be obtained from the following
URLs:

http://crd.lbl.gov/~xiaoye/SuperLU/


http://www.netlib.org/scalapack/prototype/

"In the future, we will add more functionality in the
software, such as sequential and parallel incomplete LU
factorizations, as well as parallel symbolic and ordering
algorithms for SuperLU DIST; these latter routines would
replace MC64 and have no restrictions on external use. All
bugs reports and queries can be e-mailed to xsli@lbl.gov and
demmel@cs.berkeley.edu."

6.  TAUCS:  TAUCS Version 2.2.  For more information, go to
http://www.tau.ac.il/~stoledo/taucs/ .  The license states
as follows:

"Copyright and License:

"TAUCS Version 2.0, November 29, 2001. Copyright (c) 2001,
2002, 2003 by Sivan Toledo, Tel-Aviv University, 
stoledo@tau.ac.il. All Rights Reserved. 

"TAUCS License:

"Your use or distribution of TAUCS or any derivative code
implies that you agree to this License. 

"THIS MATERIAL IS PROVIDED AS IS, WITH ABSOLUTELY NO
WARRANTY EXPRESSED OR IMPLIED. ANY USE IS AT YOUR OWN RISK. 

"Permission is hereby granted to use or copy this program,
provided that the Copyright, this License, and the
Availability of the original version is retained on all
copies. User documentation of any code that uses this code
or any derivative code must cite the Copyright, this
License, the Availability note, and "Used by Permission." If
this code or any derivative code is accessible from within
MATLAB, then typing "help taucs" must cite the Copyright,
and "type taucs" must also cite this License and the
Availability note. Permission to modify the code and to
distribute modified code is granted, provided the Copyright,
this License, and the Availability note are retained, and a
notice that the code was modified is included. This software
is provided to you free of charge."

7.  Econotron Software, Inc. beta, polygamma, zeta,
gammacplx, lngammacplx, erfcplx, erfccplx, psi, gradcplx,
hesscplx Functions:  (C) Copyright 2010 by Econotron
Software, Inc. All Rights Reserved Worldwide. 

8.  ARPACK

Copyright (c) 1996-2008 Rice University. Developed by D.C.
Sorensen, R.B. Lehoucq, C. Yang, and K. Maschhoff. All
rights reserved. 

http://www.caam.rice.edu/software/ARPACK/RiceBSD.txt

Redistribution and use in source and binary forms, with or
without modification, are permitted provided that the
following conditions are met: 

- Redistributions of source code must retain the above
copyright notice, this list of conditions, and the following
disclaimer. 

- Redistributions in binary form must reproduce the above
copyright notice, this list of conditions, and the following
disclaimer listed in this license in the documentation
and/or other materials provided with the distribution. 

- Neither the name of the copyright holders nor the names of
its contributors may be used to endorse or promote products
derived from this software without specific prior written
permission. 

THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND
CONTRIBUTORS "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES,
INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE
DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT OWNER OR
CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT
NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES;
LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION)
HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN
CONTRACT, STRICT LIABILITY, OR TORT 
(INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT
OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE
POSSIBILITY OF SUCH DAMAGE.

9.  dsfmt

Copyright (c) 2006,2007 Mutsuo Saito, Makoto Matsumoto and
Hiroshima University. All rights reserved. 

Redistribution and use in source and binary forms, with or
without modification, are permitted provided that the
following conditions are met: 

* Redistributions of source code must retain the above
copyright notice, this list of conditions and the following
disclaimer.

* Redistributions in binary form must reproduce the above
copyright notice, this list of conditions and the following
disclaimer in the documentation and/or other materials
provided with the distribution.

* Neither the name of the Hiroshima University nor the names
of its contributors may be used to endorse or promote
products derived from this software without specific prior
written permission.
 
THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND
CONTRIBUTORS "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES,
INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE
DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT OWNER OR
CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT
NOT LIMITED TO,  PROCUREMENT OF SUBSTITUTE GOODS OR
SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS
INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY,
WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING
NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE
OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH
DAMAGE.

10.  JNA Library:  The Java API for the GAUSS Engine uses
the JNA Library. The JNA Library is covered under the LGPL
license version 3.0 or later at the discretion of the user.
A full copy of this license and the JNA source code have
been included with the distribution.

11.  Qwt and QwtPolar.  The Qwt library (Version 1.0,
January 1, 2003) and included programs are provided under
the terms of the GNU LESSER GENERAL PUBLIC LICENSE (LGPL)
with the following exceptions set forth at: 

http://qwt.sourceforge.net/qwtlicense.html

12.  QwtPlot3D. 

http://qwtplot3d.sourceforge.net/web/navigation/license.txt

    Copyright (C) 2003-2005 Michael Bieber

This software is provided 'as-is', without any express or
implied warranty.  In no event will the author be held
liable for any damages arising from the use of this
software. Permission is granted to anyone to use this
software for any purpose, including commercial applications,
and to alter it and redistribute it freely, subject to the
following restrictions:

a. The origin of this software must not be misrepresented;
you must not claim that you wrote the original software. If
you use this software in a product, an acknowledgment in the
product documentation would be appreciated but is not
required.

b. Altered source versions must be plainly marked as such,
and must not be misrepresented as being the original
software.

c. This notice may not be removed or altered from any source
distribution.

APTECH SYSTEMS, INC.
2350 East Germann Road, Suite 21
Chandler, AZ  85286
www.Aptech.com
Copyright 1983-2014 Aptech Systems, Inc.  
All rights reserved worldwide

 

 

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