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Dorado Software License Agreement

This is a legal agreement (�Agreement�) between you, the user (either an individual or a single entity, referred to herein as �You�), and Dorado Software, Inc. ("Dorado Software"). You represent that You are of majority age and otherwise competent to enter into contracts, and that you are duly authorized to represent the corporate entity for whom You accept the Software, and You accept the terms and conditions of this Agreement on behalf of such corporate entity. As such, an agreement is then formed that is enforceable against You and the legal entity for whom You obtained the Software and on whose behalf it is used. This Agreement covers all software that is distributed with the Dorado Software product, for which there is no separate license agreement between You and the manufacturer or owner of the software (collectively the "Software"). This Agreement is not for the sale of Software or any other intellectual property. All right, title and interest, and all intellectual property rights in and to the Software is owned by the manufacturer or owner of the Software. All rights not expressly granted under this Agreement are reserved by the manufacturer or owner of the Software. By opening or breaking the seal on the Software packet(s), installing or downloading the Software, or using the Software that has been preloaded or is embedded in your product, You agree to be bound by the terms of this Agreement. If You do not agree to these terms, do not use the Software and promptly return all Software and associated items (disks, written materials, and packaging) and delete any preloaded or embedded Software.

So long as You are compliance with this Agreement, Dorado Software grants to You the non-exclusive right to use one (1) copy of the Software on only one (1) computer at a time. If You have multiple licenses for the Software, You may use as many copies at any time as You have licenses. "Use" means loading the Software in temporary memory or permanent storage on the computer. Installation on a network server solely for distribution to other computers is not "use" if (but only if) You have a separate license for each computer to which the Software is distributed. You must ensure that the number of persons using the Software installed on a network server does not exceed the number of licenses that You have. If the number of users of Software installed on a network server will exceed the number of licenses, You must purchase additional licenses until the number of licenses equals the number of users before allowing additional users to use the Software. If You are a commercial customer of Dorado Software or a Dorado Software affiliate, You hereby grant Dorado Software, or an agent selected by Dorado Software, the right to perform an audit of your use of the Software during normal business hours, You agree to cooperate with Dorado Software in such audit, and You agree to provide Dorado Software with all records reasonably related to your use of the Software. The audit will be limited to verification of your compliance with the terms of this Agreement. The Software is protected by United States copyright laws and international treaties. The Software is copyrighted by Dorado Software, and may also contain copyrighted material of third parties. You agree to retain and reproduce all copyright and other notices presently on the Software and on any copies of the Software. You agree to comply with all applicable export and import control laws and regulations in your use of Software and You agree not to export or re-export the Software without all required United States and foreign government licenses. You may make one (1) copy of the Software solely for backup or archival purposes or transfer it to a single hard disk provided You keep the original solely for backup or archival purposes. You may not sublicense, rent, loan or lease the Software or copy the written materials accompanying the Software, but You may transfer the Software and all accompanying materials on a permanent basis to any successor by way of merger, acquisition or sale of all or substantially all of the assets relating to this Agreement, if You retain no copies of the Software and the successor agrees in writing to be bound to the terms hereof. Any transfer must include the most recent update and all prior versions. You may not reverse engineer, decompile, disassemble or otherwise attempt to derive the source code for the Software, or use any part of the Software for any use other than that for which it was supplied by Dorado Software, unless specifically authorized by Dorado Software. You may not modify, adapt, alter, translate, or create derivative works from the Software, or merge the Software with other software.

LIMITED WARRANTY
Dorado Software warrants it has the full right and power to enter into and provide the licenses to You pursuant to this Agreement, and Dorado Software and its suppliers warrant that the Software disks will be free from defects in materials and workmanship under normal use for ninety (90) days from the date You receive them. This warranty is limited to You and is not transferable. The entire liability of Dorado Software and its suppliers, and your exclusive remedy for any breach of this warranty, shall be, at Dorado Software�s option (a) return of the price paid for the Software, or (b) replacement of any disk not meeting this warranty that is sent with a return authorization number to Dorado Software within the ninety (90) day warranty period, at your cost and risk. This limited warranty is void if any disk damage has resulted from accident, neglect, improper installation, improper storage, abuse, misapplication, or service or modification by someone other than Dorado Software. Any replacement disk is warranted for the remaining original warranty period or thirty (30) days, whichever is longer.

Dorado Software and its suppliers do NOT warrant that the functions of the Software will meet your requirements or that operation of the Software will be uninterrupted or error free. You assume responsibility for selecting the Software to achieve your intended results and for the use and results obtained from the Software.

EXCEPT FOR THE EXPRESS LIMITED WARRANTY SET FORTH ABOVE, DORADO SOFTWARE, ON BEHALF OF ITSELF AND ITS SUPPLIERS, DISCLAIMS ALL OTHER WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, IN CONNECTION WITH ANY SOFTWARE PROVIDED OR WITH THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, OR ARISING FROM COURSE OF PERFORMANCE, DEALING, USAGE, OR TRADE FOR THE SOFTWARE AND ALL ACCOMPANYING WRITTEN MATERIALS. YOU ACKNOWLEDGE THAT YOU HAVE NOT RELIED ON ANY WARRANTIES OTHER THAN THE EXPRESS WARRANTIES IN THIS AGREEMENT AND THAT NO WARRANTIES ARE MADE BY ANY OF DORADO SOFTWARE�S SUPPLIERS.

IN NO EVENT SHALL DORADO SOFTWARE OR ITS SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, FOR DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH USE OR INABILITY TO USE THE SOFTWARE, OR THIS AGREEMENT, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE). DORADO SOFTWARE AND ITS SUPPLIERS� TOTAL AND CUMULATIVE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT WILL IN NO EVENT EXCEED THE PURCHASE PRICE PAID BY YOU FOR THE SOFTWARE. THE LIMITATIONS SET FORTH HEREIN WILL APPLY EVEN IF DORADO SOFTWARE OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

THIRD PARTY SOFTWARE

The Software includes third party software, and You acknowledge and agree that any use of such third party software is governed by the third party's license agreement and not by this Agreement, whether that license agreement is presented for acceptance the first time that the third party software is invoked, is included in a file in electronic form, or is included in any attachment or exhibit to this Agreement.

U.S. GOVERNMENT RESTRICTED RIGHTS

The software and documentation are "commercial items" as that term is defined at 48 C.F.R. 2.101, consisting of "commercial computer software" and "commercial computer software documentation" as such terms are used in 48 C.F.R. 12.212. Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4, all U.S. Government end users acquire the software and documentation with only those rights set forth herein. Contractor/manufacturer is Dorado Software Inc., 110 Woodmere Road, Suite 200, Folsom, CA 95630.

NO MAINTENANCE OR SUPPORT

Technical support and maintenance is not provided to You by Dorado Software under this Agreement and Dorado Software has no obligation pursuant to this Agreement or otherwise to provide such technical support or maintenance to You. You acknowledge and agree that Dorado Software will not be liable to You or any third party for the failure to render any support and maintenance.

DANGEROUS ACTIVITIES

The Software is not developed or licensed for use in the planning, construction, maintenance, operation or other use of any nuclear facility, or for the flight, navigation or communication of aircraft or ground support equipment, or for military use, or for medical or life support use, or in any other inherently dangerous activity. You agree not to use the Software or provide the Software to any third party for such use, and that Dorado Software and its suppliers shall not be liable for any claims, losses, costs or liabilities arising from your use for such applications.

GENERAL

This license is effective upon the earliest date You open, install, download, or use the Software until terminated as set forth herein. This Agreement will terminate upon the conditions set forth above or immediately and automatically if You fail to comply with any of its terms. Upon termination, You agree that the Software and accompanying materials, and all copies thereof, will be promptly destroyed. Provisions which, by their nature, should remain in effect beyond termination of this Agreement shall survive. This Agreement is governed by the laws of the State of California, without regard to provisions on the conflicts of laws. Each provision of this Agreement is severable. If a provision is found to be unenforceable, this finding does not affect the enforceability of the remaining provisions, terms, or conditions of this Agreement. This Agreement is binding on successors and assigns. Dorado Software agrees and You agree to waive, to the maximum extent permitted by law, any right to a jury trial with respect to the Software or this Agreement. Because this waiver may not be effective in some jurisdictions, this waiver may not apply to You. Dorado Software will not be responsible for any non-performance or delay attributable in whole or in part to any cause beyond its reasonable control. Nothing contained herein shall be construed as creating any agency, partnership, or other form of joint enterprise between the parties. You acknowledge that You have read this Agreement, that You understand it, that You agree to be bound by its terms, and that this is the complete and exclusive statement of the Agreement and supersedes all prior communications, transactions, and understandings, whether oral or written, between You and Dorado Software regarding the Software.

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