IMPORTANT-READ CAREFULLY: This License Agreement for Software ("Agreement") is a legal agreement between you (either an individual or a single entity, referred to in this Agreement as "Recipient") and Bayes Server ("BayesServer") for the Bayes Server software that accompanies this Agreement (as defined below). An amendment or addendum to this Agreement may accompany the Software. YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT BY INSTALLING, COPYING, OR OTHERWISE USING THE SOFTWARE. IF YOU DO NOT AGREE, DO NOT INSTALL, COPY, OR USE THE SOFTWARE. Bayes Server LICENSE AGREEMENT FOR SOFTWARE Bayes Server Software: Bayes Server User Interface and API for Bayesian Networks Accompanying this Agreement is a copy of the Bayes Server software identified above, which may include software and related documentation and information (collectively the "Software"). The Software is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The Software is licensed, not sold. 1. GRANT OF LICENSE. This Agreement grants Recipient the following rights provided that Recipient complies with all terms and conditions of this Agreement: (a) Bayes Server grants to Recipient a limited, non-exclusive, non-transferrable, royalty-free license to install and use a single copy of the executable code of the Software on a computer. (b) All other rights are reserved to Bayes Server. Recipient shall not rent, lease, sell, sublicense, assign, or otherwise transfer any portion of the Software. Recipient may not reverse engineer, decompile or disassemble any portion of the Software. (c) Recipient may from time to time provide suggestions, comments regarding usability, bug reports, or other feedback (collectively, "Feedback") to Bayes Server with respect to the Software. All Feedback is and shall be given entirely voluntarily. (d) Recipient agrees that: (i) BayesServer may freely use, disclose, reproduce, license, distribute and otherwise commercialise the Feedback in any BayesServer product, technology, service, specification or other documentation (collectively, "BayesServer Offerings"), (ii) Recipient also grants third parties, without charge, only those patent rights necessary to enable their products, technologies or services to use or interface with any specific parts of a BayesServer Offering that incorporate the Feedback; and (iii) Recipient will not give BayesServer Feedback subject to license terms that seek to require any BayesServer Offering that incorporates or is derived from any Feedback, or other BayesServer intellectual property, to be licensed to or otherwise shared with any third party. (e) In the event BayesServer, in its sole discretion, elects to provide deliveries of the Software to more than one individual employed by Recipient (if Recipient is not a single individual), each such recipient shall be entitled to exercise the rights granted in this Agreement, and shall be bound by the terms and conditions herein. 2. TERM OF AGREEMENT. The term of this Agreement shall commence on the date accepted by Recipient and shall continue unless terminated by BayesServer. Upon the termination of this Agreement, Recipient shall cease use of the Software, and if so requested, promptly return to BayesServer, or certify destruction of, all full or partial copies of the Software provided by BayesServer. 3. SOFTWARE MAINTENANCE/UPDATES. BayesServer is not obligated to provide maintenance, technical support or updates to Recipient for the Software provided to Recipient pursuant to this Agreement. However, BayesServer may, in its sole discretion, provide further versions, technical support, updates and/or supplements of the Software and/or related information ("Updates") to Recipient hereunder, in which case such Updates shall also be deemed to be included in the "Software" and therefore governed by this Agreement, unless other terms of use are provided by BayesServer with such Updates. 4. PERFORMANCE OR BENCHMARK TESTING. You may not disclose the results of any benchmark test of the Software to any third party without BayesServer's prior written consent. 5. INTELLECTUAL PROPERTY RIGHTS. All title and intellectual property rights in and to the Software (including but not limited to any images, photographs, animations, video, audio, music, text and "applets" incorporated into the Software), and any copies of the Software that Recipient is expressly permitted to make herein, are owned by BayesServer. All title and intellectual property rights in and to the content which may be accessed through use of the Software are the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. This Agreement grants Recipient no rights to use such content. If the Software contains documentation which is provided only in electronic form, Recipient may print one copy of such electronic documentation. Recipient may not copy the printed materials accompanying the Software. All rights not expressly granted are reserved by BayesServer. 6. DISCLAIMER OF WARRANTIES. THE SOFTWARE IS DEEMED ACCEPTED BY RECIPIENT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BAYESSERVER PROVIDE THE SOFTWARE, AND SUPPORT SERVICES (IF ANY) AS IS AND WITH ALL FAULTS, AND BAYESSERVER HEREBY DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY (IF ANY) IMPLIED WARRANTIES, DUTIES OR CONDITIONS OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF RELIABILITY OR AVAILABILITY, OF ACCURACY OR COMPLETENESS OF RESPONSES, OF RESULTS, OF WORKMANLIKE EFFORT, OF LACK OF VIRUSES, AND OF LACK OF NEGLIGENCE, ALL WITH REGARD TO THE SOFTWARE, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT OR OTHER SERVICES, INFORMATION, SOFTWARE, AND RELATED CONTENT THROUGH THE SOFTWARE OR OTHERWISE ARISING OUT OF THE USE OF THE SOFTWARE. ALSO, THERE IS NO WARRANTY OR CONDITION OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION OR NON-INFRINGEMENT WITH REGARD TO THE SOFTWARE. THE ENTIRE RISK AS TO THE QUALITY, OR ARISING OUT OF THE USE OR PERFORMANCE OF THE SOFTWARE AND ANY SUPPORT SERVICES, REMAINS WITH RECIPIENT. 7. EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND CERTAIN OTHER DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BAYESSERVER BE LIABLE FOR ANY SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SOFTWARE, THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT OR OTHER SERVICES, INFORMATION, SOFTWARE, AND RELATED CONTENT THROUGH THE SOFTWARE OR OTHERWISE ARISING OUT OF THE USE OF THE SOFTWARE, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS AGREEMENT, EVEN IN THE EVENT OF THE FAULT, TORT (INCLUDING NEGLIGENCE), MISREPRESENTATION, STRICT LIABILITY, BREACH OF CONTRACT OR BREACH OF WARRANTY OF BAYESSERVER, AND EVEN IF BAYESSERVER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 8. LIMITATION OF LIABILITY AND REMEDIES. NOTWITHSTANDING ANY DAMAGES THAT RECIPIENT MIGHT INCUR FOR ANY REASON WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ALL DAMAGES REFERENCED HEREIN AND ALL DIRECT OR GENERAL DAMAGES IN CONTRACT OR ANYTHING ELSE), THE ENTIRE LIABILITY OF BAYESSERVER UNDER ANY PROVISION OF THIS AGREEMENT AND RECIPIENT'S EXCLUSIVE REMEDY HEREUNDER SHALL BE LIMITED TO THE GREATER OF THE ACTUAL DAMAGES RECIPIENT INCUR IN REASONABLE RELIANCE ON THE SOFTWARE UP TO THE AMOUNT ACTUALLY PAID BY RECIPIENT FOR THE SOFTWARE OR GBP 5.00. THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE. 9. EXPORT RESTRICTIONS. Recipient acknowledges that the Software is subject to U.K. export jurisdiction. Recipient agrees to comply with all applicable international and national laws that apply to the Software. 10. ENTIRE AGREEMENT; SEVERABILITY. This Agreement constitutes the complete and exclusive agreement between BayesServer and Recipient with respect to the subject matter hereof, and supersedes all prior or contemporaneous oral or written communications, proposals, representations, understandings, or agreements not specifically incorporated herein. If any provision of this Agreement is held to be void, invalid, unenforceable or illegal, the other provisions shall continue in full force and effect.