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END USE LICENSE AGREEMENT 
  
IMPORTANT-READ CAREFULLY: By acquiring, installing, copying or otherwise using this software, you,
licensee, or customer (“Customer”) agrees to enter into this Software License Agreement ("Agreement")
with Engineering Software Research and Development, Inc. ("ESRD"), for StressCheck®, which was
developed using the ParaHOOPS 3D Application Framework including the HOOPS 3D Graphics System
and the Parasolid Kernel Modeler and other computer software products, and may include associated
models, media, printed materials and/or "online" or electronic documentation (hereinafter the software
products and documentation referred to as the "Software"). If Customer does not agree to the terms of
this Agreement, Customer must not install or use the Software.

The terms listed herein represent the entire understanding relating to the use of ESRD’s Software and
prevails over any prior or contemporaneous, conflicting or additional, communications. ESRD can revise
these terms at any time without notice by updating this license agreement or posting on their web site.

1. GRANT OF LICENSE. This Agreement grants Customer the following rights:
--Territory. Territory means the country in which Customer initially acquires the Software.
Customer may not access the Software outside of the Territory.
--License to Use. ESRD grants to Customer a non-exclusive and non-transferable license for
personal, corporate or academic use only of the accompanying software and documentation and
any error corrections provided by ESRD (collectively "Software") in the Territory for the purpose
of processing Customer’s own internal business. Customer has no right to distribute the Software
without a separate license agreement from ESRD.
--Special Terms Applicable to Academic Licenses. If ESRD identifies the Software License as an
Academic License, Customer must be an academic institution or other non-profit qualifying
institution and may use up to the maximum number of copies of the Software that have been
validly obtained pursuant to ESRD’s Academic Program, provided that they are used for
Educational Purposes and for no other purpose. Educational Purposes means purposes directly
related to teaching, training, degree-granting programs, and research and development that are
part of the instructional function performed by Customer. Without limiting the foregoing, Academic
Licenses may not be used for commercial, professional or productive purposes, for commercial
training or any other for-profit purposes. Use of the Software is limited to Customer’s faculty, staff
members, students and graduate assistants. Technical Support will be provided only to one
designated representative of Customer, referred to as the Technical Contact.

2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.
--Customizing and Extending. Customer may not customize or extend the Software without first
entering into a separate license agreement with ESRD.
--Limitations on Reverse Engineering, Decompilation, and Disassembly. Customer may not reverse
engineer, decompile, or disassemble the Software, except and only to the extent that applicable
law notwithstanding this limitation expressly permits such activity.
--Use restrictions. Software is confidential and copyrighted. Except as set forth herein, Customer
agrees to not:
(a) remove any product identification, copyright notices, or other notices or proprietary
restrictions from Software;
(b) with the exception of the purpose of consulting, use the Software for profit including but
not limited to commercial timesharing, rental, or service bureau use;
(c) transfer, sell, assign or otherwise convey Software to another party without ESRD’s prior
written consent;
(d) cause or permit reverse engineering, disassembly, or decompilation of Software; or
(e) disclose results of any benchmark tests of any Software to any third party without
ESRD’s prior written approval.
--Separation of Components. The Software is licensed as a single product. Should Customer
choose to use another Software product of ESRD, Customer must agree to the License
Agreement accompanying that Software product.
--Rental. Customer may not rent, lease, or lend the Software.
--Termination. Without prejudice to any other rights, ESRD may terminate this Agreement if
Customer fails to comply with the terms and conditions of this Agreement. In such event,
Customer must destroy all copies of the Software and all of its component parts. Unauthorized
copying of the Software, or the failure to comply with the terms of this Agreement, will result in
automatic termination of this Agreement and will make available to ESRD and/or its licensors
other legal remedies.
--The Software is licensed, not sold, to Customer. All right, title and interest in and to the Software,
in whole and in part and all copies thereof, and all modifications, enhancements, derivatives and
other alterations of the Software regardless of who made any modifications, if any, are, and will
remain, the sole and exclusive property of ESRD and/or its licensors. ESRD reserves the right to
include means within the Software to audit and/or limit the number of accounts purchased by
Customer; such right may be exercised by ESRD without further notice. A license pertains to a
specific software release, and is attached to a specific computer. Software upgrades or transfer of
a license to another computer is restricted to customers who have purchased a software
maintenance contract.

3. LINKS TO THIRD PARTY SITES. ESRD’s website may be linked to other websites which are not
under the control of or are not maintained by ESRD. ESRD is not responsible for the content of those
sites. ESRD provides these links to Customer only as a convenience, and the inclusion of any link to such
sites does not imply endorsement by ESRD of those sites. ESRD reserves the right to terminate any link
or linking program at any time.

4. NO WARRANTY. ANY USE OF THE SOFTWARE IS AT CUSTOMER’S OWN RISK TO THE
MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ESRD AND ITS SUPPLIERS DISCLAIM ALL
WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED
TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND
NONINFRINGEMENT. THE SOFTWARE IS DISTRIBUTED "AS IS". CUSTOMER SHALL RECEIVE NO
UPGRADES TO THE SOFTWARE UNLESS EXPLICITLY GRANTED BY ESRD.

5. LIMITATION OF LIABILITY. ESRD SHALL NOT BE LIABLE FOR ANY DAMAGES SUFFERED AS A
RESULT OF USING, MODIFYING, CONTRIBUTING, COPYING, DISTRIBUTING, OR DOWNLOADING
THE MATERIALS ON THEIR WEBSITE. IN NO EVENT SHALL ESRD BE LIABLE FOR ANY INDIRECT,
PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE (INCLUDING LOSS OF
BUSINESS, REVENUE, PROFITS, USE, DATA OR OTHER ECONOMIC ADVANTAGE) HOWEVER IT
ARISES, WHETHER FOR BREACH OR IN TORT, EVEN IF ESRD HAS BEEN PREVIOUSLY ADVISED
OF THE POSSIBILITY OF SUCH DAMAGE. CUSTOMER HAS SOLE RESPONSIBILITY FOR
ADEQUATE PROTECTION AND BACKUP OF DATA AND/OR EQUIPMENT USED IN CONNECTION
WITH THE WEBSITE OR SOFTWARE AND WILL NOT MAKE A CLAIM AGAINST ESRD FOR LOST
DATA, RE-RUN TIME, INACCURATE OUTPUT, WORK DELAYS OR LOST PROFITS RESULTING
FROM THE USE OF THE MATERIALS. CUSTOMER AGREES TO HOLD ESRD HARMLESS FROM,
AND CUSTOMER COVENANTS NOT TO SUE ESRD FOR, ANY CLAIMS BASED ON USING THE
WEBSITE OR SOFTWARE.

6. EXPORT LAW ASSURANCES.
--Customer agrees to comply with all United States laws and regulations controlling the export of
certain commodities and technical data, including without limitation all Export Administration
Regulations of the United States Department of Commerce.
--Customer agrees and certifies that neither the Software, nor any other technical data received
from ESRD, nor the direct product thereof, will be exported outside the United States except as authorized and as permitted by the laws and regulations of the United States. If the Software has
been rightfully obtained by Customer outside of the United States, Customer agrees that it will not
re-export the Software nor any other technical data received from ESRD, nor the direct product
thereof, except as permitted by the laws and regulations of the United States and the laws and
regulations of the jurisdiction in which Customer obtained the Software.
--THESE COMMODITIES, TECHNOLOGY OR SOFTWARE ARE EXPORTED FROM THE
UNITED STATES IN ACCORDANCE WITH THE EXPORT ADMINISTRATION REGULATIONS.
DIVERSION CONTRARY TO U.S. LAW IS PROHIBITED.

7. CONTROLLING LAW AND SEVERABILITY. This License shall be governed by, construed,
interpreted, and enforced in accordance with the laws of the United States and the State of Missouri,
without regard to conflict of laws principles. If for any reason a court of competent jurisdiction finds any
provision of this License, or portion thereof, to be unenforceable, that provision of the License shall be
enforced to the maximum extent permissible so as to affect the intent of the parties, and the remainder of
this License shall continue in full force and effect.

8. COPYRIGHTS. All title and copyrights in and to the Software (including but not limited to any images,
photographs, animations, video, audio, music, text, and "applets" incorporated into the Software), the
accompanying printed materials, and any copies of the Software are owned by ESRD or its suppliers.
Copyright laws and international treaty provisions protect the Software. Therefore, Customer must treat
the Software like any other copyrighted material. Customer may copy the printed materials accompanying
the Software only to the extent necessary for instruction of Customer’s employees assigned to operate
the Software. THE SOFTWARE IS LICENSED, NOT SOLD.

9. ACKNOWLEDGEMENT. In the event that Customer publishes any external report, scientific, or
technical paper in which the Software was used to support the external report, scientific, or technical
paper, StressCheck must be named and the paper shall carry the following notation: “StressCheck is a
registered trademark of Engineering Software Research and Development, Inc., 111 West Port Plaza,
Suite 825, St. Louis, MO 63146, USA.” Customer shall provide ESRD with a copy of any such papers
made available to the public.

10. COMPLETE AGREEMENT. This License constitutes the entire agreement between the parties with
respect to the use of the Software, related documentation and fonts, and supersedes all prior or
contemporaneous understandings or agreements, written or oral, regarding such subject matter. The use
of the Software shall be governed by the terms of this Agreement. No amendment to or modification of
this License will be binding unless in writing and signed by a duly authorized representative of ESRD.

11. GENERAL If this product was acquired outside the United States, then local law may apply. Should
Customer have any questions concerning this Agreement, or if Customer desires to contact ESRD, Inc.
for any reason, call or write: ESRD, Inc., 111 Westport Plaza Dr., Suite 825, St. Louis, MO 63146 USA
PH: +1 314.744.5021 http://www.esrd.com

By clicking "Agree" I certify that I have read the End User License Agreement and agree to its terms and conditions