THIS LICENSE AGREEMENT CONTAINS LEGAL RIGHTS AND OBLIGATIONS. PLEASE READ THE FOLLOWING TERMS OF USE, WARRANTY, AND DISCLAIMER CAREFULLY AND BE SURE YOU ACCEPT THEM BEFORE YOU USE THE SOFTWARE. BY INSTALLING THE PROGRAMS YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH HEREIN. NO AUTHORIZATION TO USE STATICSPOWER IS PROVIDED TO YOU UNLESS YOU FULLY AGREE AND COMPLY WITH THE FOLLOWING TERMS AND CONDITIONS.

1. USE OF SOFTWARE

You (an entity or a person) may use the software product identified as StaticsPower and its components selected by you, together with the applicable user documentation for StaticsPower and its selected components, (collectively, from time to time, the "Software"), in the quantity and on the additional terms and conditions, if any, set forth on the attached Software Order Schedule, if you meet the following conditions.

(a) For the Software: You must acquire one copy of the Software for each computer on which the Software will be installed.

(b) For Upgrades and Trade-ups: If the Software is an upgrade or a trade-up, you are authorized to use the upgrade or trade-up Software only if you are an existing authorized licensed user of a qualifying Software product as determined by Actus Potentia.

(c) Upgrades: You are required to load the Update in accordance with the accompanying instructions. Installation of an Upgrade may delete the previous or older copy of the Software component. To the extent that this deletion takes place, you may not use the previous or older copy of the Software once the Upgrade is installed.

(d) Trade-Ups: You may retain the copy of the qualifying Software product provided you (i) install the new version on the same computer or network as the qualifying Software product and (ii) do not transfer the qualifying Software product to any other person.

2. REGISTRATION AND SECURITY

The installation of StaticsPower contains a file TestReg.txt. It contains user registration and security information, and is essential for proper operation of the software. Any attempt to access or move this file is considered a breach of this license agreement, and will impede proper operation of the software. Any warranty is void if an unauthorized attempt has been made to access or move this file.

3. RESTRICTIONS

The Software constitutes trade secrets and proprietary data of Actus Potentia and you agree to hold in confidence and not disclose the Software to any third party. You may not alter, merge, modify or adapt the Software in any way including reverse engineering, translation, disassembling or decompiling. You may not sell, distribute, loan, rent, lease, license or otherwise transfer the Software or any copy; except you may permanently transfer the Software (including all prior versions, backup copies, upgrades, trade-ups, and archival copies) provided you transfer this Software Agreement and all documentation and media and you do not retain any copies. If the Software is demonstration and evaluation ("D & E") software, you may not transfer the software for commercial purposes and you must notify Actus Potentia in writing that the software has been transferred by providing the name and address of the transferee and the transferor.

4. INTELLECTUAL PROPERTY RIGHTS

All intellectual property rights in the Software and user documentation are owned by Actus Potentia and are protected by the United States copyright and patent laws, other applicable copyright and patent laws, and international treaty provisions. Actus Potentia retains all rights not expressly granted.

5. LIMITED WARRANTY AND INDEMNITY

For ninety (90) days from your date of purchase, Actus Potentia warrants that (i) the Software will substantially conform to the applicable user documentation and (ii) that the magnetic media on which the Software is distributed and the user documentation (if any) are free from defects in materials and workmanship. Actus Potentia will, at its option, refund the amount you paid for the software or provide you with corrected items at no charge provided that the defective item(s) is returned to Actus Potentia within ninety (90) days from the date of purchase. Any misuse or unauthorized modification of the Software will void the limited warranty.

Actus Potentia also warrants that it has all rights required to grant the license for the Software and Actus Potentia will defend or, at its option, settle any action at law suit against you based upon a claim that your use of the Software in accordance with the Software Agreement infringes any patent, copyright or other intellectual property right of any third party.

EXCEPT AS SPECIFICALLY PROVIDED HEREIN, ACTUS POTENTIA MAKES NO OTHER WARRANTY, REPRESENTATION, PROMISE OR GUARANTEE, EITHER EXPRESSED OR IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE SOFTWARE OR RELATED TECHNICAL SUPPORT, INCLUDING THEIR QUALITY, PERFORMANCE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

THE WARRANTY AND REMEDIES SET FORTH HEREIN ARE EXCLUSIVE AND IN LIEU OF ALL OTHERS, ORAL OR WRITTEN, EXPRESSED OR IMPLIED.

6. LIMITATION OF LIABILITY

Because software is inherently complex and may not be completely free of errors, it is your responsibility to verify your work and to make backup copies. In no event will Actus Potentia be liable for indirect, special, incidental, or consequential damages arising out of the use of or inability to use Actus Potentia products or services, including, without limitation, damages or costs relating to loss of profits, business, goodwill, data or computer programs, even if advised of the possibility of such damages.

IN NO EVENT SHALL ACTUS POTENTIA'S LIABILITY FOR ANY DAMAGES EXCEED THE AMOUNT PAID BY YOU FOR THE SOFTWARE OUT OF WHICH SUCH CLAIM AROSE. ACTUS POTENTIA SHALL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, DIRECT DAMAGES OR DAMAGES OF ANY KIND INCLUDING ANY DAMAGES ALLEGED TO HAVE BEEN CAUSED OR RESULTING FROM LOSS OF DATA.

7. U.S. GOVERNMENT RESTRICTED RIGHTS

Any Actus Potentia software and documentation provided to the U.S. Government is with Restricted Rights as follows. Use, duplication, or disclosure by the Government is subject to restrictions set forth in subparagraphs (a) through (d) of the Commercial Computer Restricted Rights clause at FAR 52.227-19 when applicable, or in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013, and in similar clauses in the NASA FAR Supplement. The Contractor/Manufacturer is Actus Potentia Inc., 2611 Kellogg Ave, Ames, IA 50010.

8. GENERAL

No Actus Potentia dealer, distributor or agent is authorized to make any modification or addition to this Agreement. The export of the Actus Potentia products is governed by the U.S. Department of Commerce under the export administration regulations and Canadian export regulations and is governed by the U.S. Department of State under the International Traffic in Arms regulations. It is your responsibility to comply with all such regulations. This Agreement shall be governed by the laws of the State of Iowa and is performable in Story County, Iowa. In the event any provision of this License Agreement is determined to be void or not enforceable, the remaining provisions shall continue in full force and effect. Should you have any questions concerning this Agreement or Actus Potentia's software use policies, write to Actus Potentia Inc., 2611 Kellogg Ave, Ames, IA 50010.