Engineering Consultants Group, Inc.
Leaders in Process Control, Monitoring and Analysis

End User License Agreement for E-Notification Software

This document, together with all the documents referenced, is a legal agreement between you, the individual or the entity acquiring the use of this product, and Engineering Consultants Group, Inc. (“ECG”). This ECG Software Product (the “SOFTWARE”) is licensed, not sold. Rights in the software are offered only on the condition that you agree to all terms and conditions of this license agreement. Any use of the software indicates your acceptance of these terms and conditions. You have the responsibility to inform all End Users of the following license agreement.

1. GRANT OF LICENSE
This ECG License Agreement (“License”) permits you to install and use one copy of the SOFTWARE, or any prior version for the same operating system, on a single computer. You may also store or install a copy of the SOFTWARE on a storage device, such as a network server, used only to install or run the SOFTWARE on other computers over an internal network; however, the End User must acquire and dedicate a license for each separate computer on which the SOFTWARE is installed or run from the storage device. A license for the SOFTWARE may not be shared or used concurrently on different computers. The SOFTWARE is considered “in use” on a computer when it is loaded into temporary memory (i.e., RAM), installed into permanent memory (e.g., hard disk or other storage device) or installed into another computer’s permanent or temporary memory which is accessible through a Local Area Network connection to that computer. The use of the SOFTWARE is limited to the Original Intended Use. For E-Notification Software Licenses, refer to the original Bill of Sale for quantities and details.

2. COPYRIGHT
All title and copyrights in and to the SOFTWARE (including but not limited to any images, photographs, animation, video, audio, music, text, and "applets" originally created by ECG and incorporated into the SOFTWARE), the accompanying printed materials, and any copies of the SOFTWARE are owned by Engineering Consultants, Inc. The SOFTWARE is protected by United States copyright laws and international treaty provisions, as well as other intellectual property laws and treaties. Therefore, you must treat the SOFTWARE like any other copyrighted material (e.g. a book or musical recording). You may not copy the printed materials accompanying the SOFTWARE.

3. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS
You may not rent, lease, or loan any portion of the SOFTWARE or any materials accompanying the SOFTWARE. The permanent sale or transfer of the SOFTWARE or any materials accompanying the SOFTWARE is only allowed if the recipient agrees to the terms of this License and you retain no copies. The SOFTWARE and its accompanying materials are licensed as a single product. Its component parts may not be separated for use on more than one computer. You may not reverse engineer, decompile, or disassemble this SOFTWARE, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation. Without prejudice to any other rights, ECG may terminate this License if you fail to comply with the terms and conditions of this License. In such event, you must destroy all copies of the SOFTWARE and all of its component parts.

4. UPGRADES
If the SOFTWARE is labeled as an upgrade, you must be a properly licensed user of a product identified by ECG as being eligible for the upgrade in order to use the SOFTWARE. Once installed, the SOFTWARE replaces and/or supplements the product that formed the basis for your eligibility for the upgrade, and you must use the upgraded product in accordance with the terms of this License. The upgraded software is considered a single product and any transfer must include the most recent and all prior versions.

5. SOURCE CODE
If this SOFTWARE package provides access to the relevant source code or includes documentation describing the relevant source code, you may not disclose this information to any third party as long as ECG is available to support the SOFTWARE. Third parties, including outside contractors, are not to have access to this information, and you are responsible for taking all reasonable precautions to prevent both intended and inadvertent disclosure.

6. NO LIABILITY FOR CONSEQUENTIAL DAMAGES
To the maximum extent permitted by applicable law, in no event shall ECG or its suppliers be liable for any damages whatsoever (including without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the use of or inability to use this ECG product, even if ECG has been advised of the possibility of such damages. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.

7. NO WARRANTIES
Absent an expressed written agreement, ECG disclaims all other warranties, expressed or implied, including but not limited to implied warranties of merchantability or fitness for a particular purpose, with regard to the SOFTWARE and the accompanying written material. The entire risk arising out of the use or performance of the SOFTWARE remains with you. The user is strongly warned to test the SOFTWARE thoroughly before relying on it.

8. US GOVERNMENT RESTRICTED RIGHTS
The SOFTWARE and documentation are provided with RESTRICTED RIGHTS. Use, duplication or disclosure by the Government is subject to restrictions set forth in subparagraph (c)(1)(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. Manufacturer is Engineering Consultants Group, Inc./3394 W Market St/Fairlawn, Ohio 44333.