License Agreement

THIS SOFTWARE LICENSE AGREEMENT IS YOUR PROOF OF LICENSE.

This is a legal agreement between you (either an individual or entity) and AIST Software Inc. (hereinafter "AIST") to use the AIST Software product PeakLab (hereinafter "SOFTWARE"). If you do not agree to the terms of this License Agreement, you must immediately remove the SOFTWARE from all machines upon which you have installed it. This SOFTWARE and its electronic documentation are protected by both

United States copyright law and international copyright treaty provisions.

SINGLE USER LICENSE

AIST grants you a non-exclusive license to use the SOFTWARE as follows:

(1) AIST retains title and all ownership rights to the SOFTWARE.

(2) You are granted the right to make archival copies of the SOFTWARE.

(3) You are granted a single-user permanent or subscription license which allows you, by default, the right to install and use the SOFTWARE on one computer.

(4) You are also granted the right to convert your default single user license to a ‘cloud license’ where you can install the SOFTWARE on two or more of your own computers, such as your work and home computers. A cloud license is defined as activated (checked-out) from the cloud when the program is started, and deactivated (checked-in) when the program is closed. Whether or not cloud licensing is used, a single user license is limited to a specific user, and to only one machine at a time.

(5) When you have a valid activation of a license, you may have as many instances of the program running at the same time on a given machine.

(6) A permanent license will not expire, and will automatically furnish all minor release updates, but you will need to purchase a version update in the instance of a new major release.

(7) A subscription license will expire on a specific date and includes all updates, including any new major release which occurs during the term of the subscription.

(8) In using a cloud-based licensing option, you agree that internet activation and deactivation is subject to internet and power outages, server restarts, and other issues of internet down time

and connectivity, and that the ability to check-in and check-out licenses may not be available 100% of the time.

(9) If you install the SOFTWARE on a laptop, you agree that certain mathematical operations will result in extended periods of time at 100% CPU utilization, and that many light-duty commercial laptops may shut down or appreciably slow from overheating. You thus agree to accept full responsibility for any machine damage, lost work, or performance issues when using the SOFTWARE on such laptops.

MULTIPLE USER LICENSE

AIST grants you, as an entity consisting of multiple users, a non-exclusive license to use the SOFTWARE as follows:

(10) Apart from items (3) and (4) above, the single user license terms apply equally to multiple user licenses.

(11) You are granted a multiple-user permanent or subscription license which allows multiple users the right to install and use the SOFTWARE on multiple computers, subject to the unit-limitation on the license. You may have as many users and install the SOFTWARE on as many machines as you wish. A five-unit cloud license will allow the SOFTWARE to be in simultaneous use on up to five different machines by five different users.

(12) In purchasing a multiple user license, you agree to use a ‘cloud license’ which requires all machines that will utilize the license to have an active internet connection. A cloud license is activated (checked-out) from the cloud when the program is started, and deactivated (checked-in) when the program is closed. For critical use scenarios, you also agree that any user can, at their discretion, optionally disable the cloud licensing, effectively claiming one of the units of that license for that individual’s exclusive use until such time the cloud licensing is re-enabled. In purchasing a multiple user license, you agree that that the users of the SOFTWARE are wholly responsible for the availability of the individual license slots.

VIRTUAL MACHINES NETWORKS MAKING SOFTWARE AVAILABLE TO LICENSEES

The SOFTWARE is designed for independent installation on users’ local machines. Since the nature of virtual machines on a modern network server is indistinguishable in most ways from a set of individual machines, we have chosen to not restrict this configuration. However, you agree that this configuration is unsupported. Note also that the SOFTWARE uses every CPU core/thread that is accessible when running multiple data sets or multiple peaks with convolution integrals, and this may fully tie up all machine resources allocated to the virtual machine for many minutes of time.

VIRTUAL MACHINES NETWORKS MAKING SOFTWARE AVAILABLE TO NON-LICENSEES

Under no condition is a licensed copy of the SOFTWARE to be made available on a virtual server or other network which makes the SOFTWARE available to a non-licensee, without an express separate agreement with AIST. The misuse of the product in this manner will result in an immediate revocation of the license.

TRANSFER OF LICENSE

AIST grants you the right to transfer this license and the SOFTWARE to another party provided that party is in the geographic domain where the product is for sale, that this party accepts all terms of this agreement, and the software is transferred as per the specific instructions AIST shall furnish upon receiving the transfer request. In general, these will require you, as the individual initiating the transfer, to report your name, order number, purchase date, the license key under which the product is currently running, and the transferee's name, address, and email. Upon receiving this request, and confirming the original purchase, AIST will revise your license key to point to the transferee. You will be responsible for furnishing the installation package for the SOFTWARE to the transferee if the current shipping version is not one for which you are licensed.

RETURN POLICY

The SOFTWARE, once purchased, may be sold with a return policy. In this case, if you are dissatisfied with your purchase of the SOFTWARE within this specified period, for any reason, it can be returned for a full refund with the exception of requirements or restrictions, if any, that may be imposed by the ecommerce sale provider. For example, it is possible that the cost of an additional provision for ordering physical media, certain import duties, and similar items may not be refundable.

REDISTRIBUTION

AIST retains all redistribution rights for all versions of the SOFTWARE. AIST will grant, at its discretion, distribution rights to third party affiliates and distributors, and will do so by separate agreement.

Specifically, you may not post the trial version in any form to any site where it is redistributed without first receiving formal permission from AIST. You may, however, post a link to the AIST web site and to the site’s link to the SOFTWARE trial download.

WEB SOLUTION/SAAS (SOFTWARE AS A SERVICE) PROVIDERS

You may not use the SOFTWARE on a web server to automatically generate reports, graphs, numeric data, or analyses that are subsequently distributed to clients without first obtaining a separate technology redistribution licensing agreement from AIST.

MODIFICATIONS OF SOFTWARE

You may modify all portions of the SOFTWARE that are disclosed in source code form, such as userdefined functions, as these are intended to be modified and customized by users. You are prohibited by this license agreement from reverse engineering, decompiling, or otherwise participating in the theft of any AIST intellectual property that is held proprietary via object code, copyright, trademark, software patent, or is otherwise protected by law. Any attempt to alter or otherwise tamper with the object or binary code comprising the SOFTWARE shall be deemed as your choice to immediately surrender all rights under this license agreement and may subject you to lawsuit and criminal prosecution if the modified SOFTWARE is in any matter redistributed.

TERM AND TERMINATION

Failure to comply with any of these terms will terminate this agreement and your right to use the SOFTWARE. You may also choose to terminate the agreement at any time. Upon termination of this agreement, you must immediately uninstall the SOFTWARE from all machines.

LIMITED WARRANTY

You alone are responsible for determining whether the SOFTWARE meets your requirements and for how you use the results obtained from the SOFTWARE. It is recommended that you make this assessment using the trial version before making a full purchase. If additional time is needed for evaluation, this can be requested from AIST, and such may be granted at AIST's discretion.

THIS SOFTWARE IS LICENSED "AS IS" WITHOUT WARRANTY AS TO ITS PERFORMANCE. EXCEPT FOR THE RETURN PROVISION ABOVE, THERE ARE NO WARRANTIES EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND ALL SUCH WARRANTIES ARE EXPRESSLY DISCLAIMED. IN NO EVENT SHALL AIST OR ITS SUPPLIERS BE RESPONSIBLE FOR ANY INDIRECT OR CONSEQUENTIAL DAMAGES OR LOST PROFITS, EVEN IF AIST AND ITS SUPPLIERS HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES OR LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

GENERAL TERMS

You agree not to use the AIST name, logo, or trademarks without first receiving written permission from AIST. You further agree to indemnify, hold harmless, and defend AIST and its suppliers from and against any claims or lawsuits that arise or result from your use of the SOFTWARE for solutions, analyses, or any other applied use.

You may not sublicense, assign, or transfer the license or the SOFTWARE except as expressly provided in this agreement.

This agreement will be governed by the laws of the state of Delaware in the United States and any other jurisdiction as may be applicable.

Unless another AIST Agreement has been signed for this SOFTWARE, you acknowledge that this agreement supersedes all prior agreements, proposals, representations, and communications between the parties relating to the subject matter herein.

In the case of conflict between this agreement and purchase orders issued for the SOFTWARE, the terms of this agreement shall prevail.

U.S. GOVERNMENT RESTRICTED RIGHTS

The SOFTWARE and documentation are provided with Restricted Rights. Use, duplication, or disclosure by the Government is subject to restrictions as set forth in subparagraph (c)(1) of the Rights in Technical Data and Computer SOFTWARE clause at DFARS 252.227-7013 or subparagraphs (c)(1)(ii) and (2) of Commercial Computer SOFTWARE-Restricted Rights at 48 CFR 52.227-19, as applicable. Contractor/manufacturer is AIST Software Inc., P.O. Box 449, Mapleton, OR.