IMPORTANT: READ CAREFULLY BEFORE OBTAINING AND USING THE SOFTWARE This is a legal agreement (the "Agreement") between You (either an individual or a single entity, hereafter "You" or "Licensee") and Agile Molecule (hereafter "Licensor") for the enclosed Abalone software product, which includes computer software and any associated materials (hereafter "Software"). BY DOWNLOAD OR OPENING THE SOFTWARE PACKET(S), INSTALLING, COPYING, OR OTHERWISE USING THE SOFTWARE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. If You do not agree to the terms, do not install or otherwise use the Software and remove all copies from Your system. END USER LICENSE AGREEMENT 1. GRANT OF LICENSE. You have acquired a Single User License of the Software. You may install and use one copy of the Software on only one computer at any one time. 2. LIMITS ON USE. You may not redistribute the Software. You may not rent, lease, sell, sublicense, or lend the Software. The Software is licensed as a single product. Its component parts may not be separated for use on more than one computer. 3. TERMINATION. If You violate any term of this Agreement, the Licensor may terminate this Agreement without waiving any other rights. If Your Agreement is terminated, You must return the Software or, at Licensor's direction, destroy all copies of the Software. The Licensor keeps all rights not expressly granted under this Agreement. 4. SAFEGUARDS/AUDIT RIGHTS. You agree to: (i) implement internal safeguards to prevent any unauthorized copying, distribution, or use of the Software; (ii) provide Licensor with written certification of the number of copies or concurrent usage of the Software on request, and (iii) to allow Licensor to audit Your premises and systems for compliance with this Agreement during regular business hours. The Licensor will pay for the cost of the audit unless the audit shows a discrepancy which is five percent (5%) or more of the number of copies of the Software in use over the licenses You have acquired; in which event, You shall pay for the cost of the audit. 5. UPGRADES AND SUPPLEMENTAL CODE. You must be licensed to use Software identified by the Licensor as being eligible for an upgrade in order to use the upgrade. Software acquired as an upgrade replaces and/or supplements all prior versions of the Software. You may use the resulting upgrade only in accordance with the terms and conditions of this Agreement. Upgrades of the Software, if obtained, must be obtained for the total of all authorized copies or concurrent users. If You receive any supplemental software code as part of the Licensor's technical support services related to the Software, such code is considered part of the Software and subject to the terms and conditions of this Agreement. 6. ENTIRE AGREEMENT. This Agreement constitutes the entire agreement between You and the Licensor with respect to the Software, and replaces all other representations. This Agreement cannot be modified except by written consent of both parties. The terms of this Agreement will control any conflicting or inconsistent terms in any printed forms used by the parties for convenience in performing the Agreement. If any part of this Agreement is held to be unenforceable as written, it will be enforced to the maximum extent allowed by applicable law, and will not affect the enforceability of any other part. 7. NO WARRANTIES. THE LICENSOR PROVIDES THE SOFTWARE AS IS AND DISCLAIMS ALL WARRANTIES, WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTIES RELATING TO VIRUSES, WITH REGARD TO THE SOFTWARE. LICENSOR DOES NOT WARRANT CONTENTS OF THE SOFTWARE, THE ACCURACY OF THE IMPLEMENTATION OF ANY ALGORITHMS USED IN THE SOFTWARE, OR THAT THE SOFTWARE WILL OTHERWISE BE ERROR FREE. LICENSOR DOES NOT WARRANT THE CORRECTNESS OF ANY RESULTS OBTAINED FROM USE OF THE SOFTWARE. THE LICENSOR SHALL NOT BE OBLIGATED TO CORRECT OR MAINTAIN THE SOFTWARE OR NOTIFY LICENSEE OF MODIFICATIONS OR UPDATES. 8. LIMITATION OF LIABILITY. THE LICENSOR WILL NOT BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR PERSONAL INJURY, LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS OR CONFIDENTIAL INFORMATION, LOSS OF PRIVACY, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE EVEN IF THE LICENSOR OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANY DAMAGES THAT YOU MIGHT INCUR FOR ANY REASON (INCLUDING, WITHOUT LIMITATION, DIRECT OR GENERAL DAMAGES), THE ENTIRE LIABILITY OF THE LICENSOR AND ITS SUPPLIERS UNDER THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE.