END USER LICENSE AGREEMENT Note to user: In this document, “You” means the user of the Software (also known as the “Licensee”) and “XRSolutions” means XRSolutions LLC, the owner of the Software (also known as the “Licensor”). IMPORTANT—CAREFULLY READ THE TERMS AND CONDITIONS OF THIS AGREEMENT BEFORE INSTALLING THE SOFTWARE. ELECTRONICALLY CLICKING ON THE ICON AT THE BOTTOM MARKED “I ACCEPT” AND YOUR USE OF THE SOFTWARE INDICATE YOUR ACKNOWLEDGEMENT THAT YOU HAVE READ THIS LICENSE AGREEMENT, THAT YOU UNDERSTAND IT, AND THAT YOU AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT, PROMPTLY EXIT THIS PAGE WITHOUT INSTALLING THE SOFTWARE. Use. XRSolutions grants you a terminable, non-exclusive, non-transferable license to use one (1) copy of the software program with which this license is distributed (the “Software”), including any documentation accompanying the Software (“Documentation”) in accordance with the following terms and conditions. Restrictions. You may use the Software only on a single stand-alone computer or a network node from which the Software cannot be accessed by another computer. You may make one (1) copy of the Software for back-up or archival purposes only. You may not: (a) copy the Software or Documentation, except as provided above, (b) reverse engineer, disassemble, decompile, translate or adapt the Software or Documentation, (c) modify, translate, distribute or prepare derivative works of the Software or Documentation, or any part thereof, (d) remove any proprietary notices, labels, or marks on the Software or Documentation, (e) reproduce, publish, transmit, display, disclose, distribute, rent, loan, lease, sublicense, transfer or make available all or any portion of the Software or Documentation to any other person or entity, or (f) use or transfer the Software or Documentation outside the country of acquisition. Any assignment of this Agreement or any of Your rights hereunder is strictly prohibited and shall be void and of no force or effect. Nature of Rights. YOU HAVE NO OWNERSHIP RIGHTS IN THE SOFTWARE OR DOCUMENTATION. RATHER, YOU HAVE A LICENSE TO USE THE SOFTWARE AND DOCUMENTATION AS LONG AS THIS AGREEMENT REMAINS IN FULL FORCE AND EFFECT. THIS LICENSE IS NOT A SALE. TITLE, COPYRIGHTS, and all other OWNERSHIP and intellectual property rights IN AND TO THE SOFTWARE, DOCUMENTATION AND ANY COPY MADE BY YOU REMAIN WITH XRSOLUTIONS OR ITS LICENSORS, AS THE CASE MAY BE. The Software and Documentation contain material that is protected by United States Copyright law and trade secret law, and by international treaty provisions. All rights not granted to You herein are expressly reserved by XRSolutions. You may not remove any proprietary notice of XRSolutions from any copy of the Software or Documentation. Confidentiality. The Software contains confidential and proprietary trade secrets of XRSolutions. You may use the Software only pursuant to the license set forth herein. You shall not in any manner use, disclose or otherwise communicate any information with respect to the Software or Documentation which might enable copying, decompiling, disassembling, or reverse engineering of all or any portion of the Software or Documentation. You agree to take all necessary action to protect the confidential and proprietary information included in the Software. Limited Warranty and Disclaimer. XRSolutions warrants to the original Licensee that the media in which the Software is provided will be free from defects in materials and workmanship under normal use for a period of ninety (90) days from the date of purchase. This Limited Warranty is void if failure of the Software has resulted from misuse, modification, accident, abuse, misapplication, neglect or failure to follow the operating instructions in the Documentation. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS, WHICH VARY FROM JURISDICTION TO JURISDICTION. DISCLAIMER OF WARRANTIES. You expressly acknowledge and agree that any use by you of the Software is at your own risk. Except for the limited ninety (90) day warranty on the media set forth above, the Software and any documentation are provided "AS IS" and without warranty of any kind. XRSOLUTIONS EXPRESSLY DISCLAIMS, TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, ALL OTHER WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ABSENCE OF LIEN, ENCUMBRANCE OR SECURITY INTEREST, QUIET ENJOYMENT, AND NON-INFRINGEMENT. XRSOLUTIONS DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET ANY REQUIREMENTS OR NEEDS YOU MAY HAVE, OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ANY DEFECTS OR ERRORS IN THE SOFTWARE WILL BE CORRECTED. YOU ASSUME THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE SOFTWARE AND, EXCEPT AS OTHERWISE PROVIDED HEREIN, YOU (AND NOT XRSOLUTIONS) ASSUME THE ENTIRE COST OF ALL SERVICING, REPAIR AND/OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. TO THE EXTENT THAT ANY IMPLIED WARRANTIES ARE DEEMED TO EXIST UNDER APPLICABLE LAW, THEY ARE HEREBY EXPRESSLY LIMITED IN DURATION TO THE TERM OF ANY EXPRESS WRITTEN WARRANTY MADE HEREIN. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU Exclusive remedy. Your sole and exclusive remedy under this agreement shall be, at XRSolutions’s sole discretion, (a) the repair or replacement of the software that does not meet XRSolutions’s limited warranty (and is returned with proof of license); or (b) a refund of the price, if any, which you paid to license the software provided that you contact XRSolutions’s about the problem within ninety (90) days from the date of purchase. Any replacement software will be warranted for the remainder of the original warranty period or thirty (30) days from the date of delivery of the replacement software, whichever is longer. LIMITATION OF DAMAGES AND LIABILITY. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL XRSOLUTIONS, ITS AFFILIATES, OR ANY OF THEIR DIRECTORS, OFFICERS, EMPLOYEES SHAREHOLDERS, MEMBERS, MANAGERS, REPRESENTATIVES OR AGENTS, OR THEIR RESPECTIVE SUCCESSORS OR ASSIGNS, BE LIABLE FOR ANY INCIDENTAL, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, BUSINESS INTERRUPTION, LOST DATA, LOSS OF BUSINESS INFORMATION, AND THE LIKE), OR ENHANCED, EXEMPLARY OR PUNITIVE DAMAGES, ARISING OUT OF THE POSSESSION, USE, INABILITY TO USE, OR MALFUNCTION OF THE SOFTWARE, INCLUDING WITHOUT LIMITATION DAMAGE TO PROPERTY AND, TO THE MAXIMUM EXTENT PERMITTED BY LAW, DAMAGES FOR BODILY OR PERSONAL INJURY, EVEN IF XRSOLUTIONS OR ANY XRSOLUTIONS AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSS. YOU AGREE THAT THE AGGREGATE LIABILITY OF XRSOLUTIONS ARISING OUT OF ANY KIND OF CLAIM (WHETHER IN CONTRACT, TORT, OR OTHERWISE) SHALL NOT EXCEED THE AMOUNT YOU ORIGINALLY PAID FOR THE USE OF THE SOFTWARE AND DOCUMENTATION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. Indemnification. Except where prohibited by applicable law, XRSolutions shall defend you against any third-party claim or action that the Software (specifically excluding open source software) infringes or misappropriates that third party’s patent, copyright, trade secret, or other intellectual property rights (“Indemnified Claims”). In addition, if XRSolutions receives prompt notice of an Indemnified Claim that, in XRSolutions’s reasonable opinion, is likely to result in an adverse ruling, then XRSolutions will at its sole discretion,: (A) obtain a right for you to continue using such Software; (B) modify such Software to be non-infringing; (C) replace such Software with a non-infringing substitute; or (D) terminate this Agreement and provide a pro-rata refund of the license fees actually paid by you for the allegedly infringing Software. A pro-rata refund, if any, shall be calculated for the period applicable to the Software, not to exceed a 5-year period. Notwithstanding the foregoing, XRSolutions shall have no obligation under this Section for Indemnified Claims resulting or arising from: (i) modifications of the Software that were not performed by or on behalf of XRSolutions ; (ii) your unauthorized use of the Software, or the combination or operation of the Software in connection with a third-party product, software or service (the combination of which causes the claimed infringement); (iii) your failure to incorporate Software updates or upgrades that would have avoided the alleged infringement; or (iv) XRSolutions ’s compliance with your specifications or directions, including the incorporation of any software or other materials or processes provided by or requested by you (collectively, “Excluded Indemnified Claims”). XRSolutions ’s duty to indemnify and defend you is contingent upon: (a) your providing XRSolutions with prompt written notice of the third-party claim or action, (b) XRSolutions having the right to solely control the defense and settlement of such claim or action, and (c) your cooperation with XRSolutions in defending and resolving such claim or action. This Section states your exclusive remedies for any third-party intellectual property claim or action, and nothing in this EULA or elsewhere will obligate XRSolutions to provide any greater indemnity to you. You, at your expense, shall defend and indemnify XRSolutions against any claim, action or proceeding brought against XRSolutions which arises from or is in any manner connected with any of the Excluded Indemnified Claims or that arises from your breach of any provision of this EULA. Termination of Agreement. This Agreement is effective until terminated. You may terminate it at any time by destroying the Software and Documentation, and erasing any copies residing on computer equipment. This Agreement also shall automatically terminate if you do not comply with any terms or conditions of this Agreement. Upon such termination you agree to return the Software and Documentation to XRSolutions and erase all copies residing on computer equipment. All provisions relating to confidentiality, proprietary rights, and non-disclosure shall survive the termination of this Agreement. COMPLIANCE WITH UNITED STATES EXPORT CONTROL LAWS. YOU UNDERSTAND AND ACKNOWLEDGE THAT XRSOLUTIONS IS LOCATED IN THE UNITED STATES AND IS SUBJECT TO STATUTORY AND REGULATORY EXPORT CONTROL RESTRICTIONS OF THE UNITED STATES GOVERNMENT, AS PROMULGATED FROM TIME TO TIME (THE “EXPORT RESTRICTIONS”). THE SOFTWARE AND DOCUMENTATION WERE EXPORTED FROM THE UNITED STATES IN ACCORDANCE WITH THE EXPORT RESTRICTIONS. DIVERSION OR REEXPORT OF THE SOFTWARE OR DOCUMENTATION CONTRARY TO U.S. LAW IS PROHIBITED. YOU EXPRESSLY ACKNOWLEDGE THAT THE SOFTWARE AND DOCUMENTATION ARE SUBJECT TO THE EXPORT RESTRICTIONS, AND AGREE NOT TO TRANSFER THE SOFTWARE OR DOCUMENTATION, DIRECTLY OR INDIRECTLY, TO ANY DESTINATION OR PERSON CONTRARY TO THE REQUIREMENTS OF U.S. LAW, INCLUDING, BUT NOT LIMITED TO, THE EXPORT RESTRICTIONS. Taxes. You shall be responsible for the payment of all sales, use, and similar taxes relating to the license of the software. Miscellaneous Terms. You acknowledge and agree that this Agreement shall be governed by, and construed and enforced in accordance with, the internal substantive laws of the State of New Hampshire, USA as from time to time constituted and excluding any conflicts or choice of law rule or principle that might otherwise refer construction or interpretation of this Agreement to the substantive law of another jurisdiction. The parties specifically opt out of the provisions of the 1980 United Nations Convention on Contracts for the International Sale of Goods, as amended or modified from time to time. You hereby irrevocably appoint the Secretary of State of New Hampshire as Your agent for service or process. You agree that any action brought in connection with this Agreement shall be maintained only in a court of competent subject matter jurisdiction located in the State of New Hampshire, or in any court to which appeal therefrom may be taken. You hereby consent to the exclusive personal jurisdiction of such courts for all such purposes and expressly waive any objection based upon forum non conveniens with respect to any court proceedings held within the State of New Hampshire. Notwithstanding anything to the contrary in this Agreement, XRSolutions may apply to any court of competent jurisdiction for injunctive relief without the necessity of posting bond. If any provision of this Agreement is found invalid or unenforceable by a court of competent jurisdiction, it will be severed from this Agreement and the rest of the Agreement will remain in full force and effect. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and may not be waived or modified except in writing by a duly authorized XRSolutions representative. If you have any questions regarding the Software and/or this License Agreement, or wish to contact the Licensor for any reason, please write to: XRSolutions LLC 400 Harvey Rd Manchester, NH 03103 Email info@XRSolutions.com