PENN STATE RESEARCH FOUNDATION ("PSRF") SHAREWARE SOFTWARE LICENSE AND WARRANTY AGREEMENT Carefully read all of the terms and conditions of this license agreement before using the accompanying software entitled Fluid Flow Construction Set (the "SOFTWARE"). By using this software, you indicate your acceptance of the following terms and conditions. This is a binding legal agreement between you and PSRF concerning the use of the PSRF software and constitutes the complete agreement between you and PSRF. AGREEMENT 1. GRANT LICENSE PSRF grants to you the right to use the enclosed SOFTWARE for an evaluation period of thirty (30) days from the date you first use the SOFTWARE. Use beyond the thirty (30) day evaluation period requires registration and payment for the software. 2. REGISTRATION AND PAYMENT If you use the SOFTWARE beyond the thirty (30) day evaluation period, you must make a registration payment of twenty five dollars ($25) to PSRF at the following address: Penn State Research Foundation c/o The Intellectual Property Office Shareware Payment for SOFTWARE # 96-016 113 Technology Center Building University Park, PA 16802-7000 Questions should be directed to the contact given at the end of this agreement. 3. WARRANTY PSRF DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, PERFORMANCE AND FITNESS FOR A PARTICULAR PURPOSE, ANY WARRANTEE REGARDING NON-INFRINGEMENT OR ORIGINALITY. PSRF WILL NOT BE LIABLE FOR ANY BUG, ERROR, OMISSION, DEFECT, DEFICIENCY, OR NONCONFORMITY IN ANY SOFTWARE. AS A RESULT, THE SOFTWARE IS PROVIDED AND/OR SOLD "AS IS" AND THE PURCHASER ASSUMES THE ENTIRE RISK AS TO ITS QUALITY, PERFORMANCE, AND COMPATIBILITY WITH OTHER SOFTWARE, HARDWARE, OR HARDWARE PLATFORMS USED BY YOU OR BY PEOPLE TO WHOM YOU GIVE THIS SOFTWARE UNDER THE TERMS HEREOF. 4. COPYRIGHT The SOFTWARE is owned by PSRF and is protected by United States copyright laws and international treaty provisions. Therefor, you must treat the SOFTWARE like any other copyright material except that you may either: ( a ) make one copy of the SOFTWARE solely for backup or archival purposes, ( b ) transfer the SOFTWARE to a single hard disk, provided you keep the original solely for backup purposes, or ( c ) distribute the SOFTWARE to others for evaluation under the terms of this agreement. You may not copy any written material that may accompanying the SOFTWARE. 5. OTHER RESTRICTIONS You may not rent or lease the SOFTWARE, but you may transfer the SOFTWARE on a permanent basis provided that the recipient agrees to the terms of this Agreement. You may not reverse engineer, decompile or disassemble the SOFTWARE. You are encouraged to pass a copy of SOFTWARE along to others for their evaluation as long as the SOFTWARE is distributed unaltered and in its entirety. Anyone distributing SOFTWARE for any kind of remuneration must first contact PSRF at the address given in paragraph for authorization. 6. SHAREWARE The SOFTWARE is a "shareware program" and is provided at no charge to the user for evaluation. The essence of shareware software is to provide personal computer users with quality software at a low cost, and yet to provide incentive for programmers to continue to develop new products. If you find this program useful and find that you are using the SOFTWARE and continue to use the SOFTWARE beyond the thirty (30) day evaluation period, you must register and pay for the SOFTWARE in accordance with paragraph 2. 7. COMMERCIAL USERS Commercial users of SOFTWARE must register and pay for SOFTWARE, in accordance with paragraph 2, within (thirty) 30 days of first use or their license is withdrawn. Site-License arrangements may be made by contacting PSRF at the address given below. 8. CONTACT: Penn State Research Foundation c/o Software Licensing Officer The Intellectual Property Office 113 Technology Center Bldg. University Park, PA 16802-7000 e-mail: ipo@rtto.psu.edu phone: (814) 865-6277 fax: (814) 865-3591