------------------------------------------- READ BEFORE USING SOFTWARE ------------------------------------------- NUNC A/S SOFTWARE LICENSE AGREEMENT THIS IS A LEGAL AGREEMENT BETWEEN YOU AND NUNC A/S ("NUNC"). READ THIS AGREEMENT IN ITS ENTIRETY BEFORE YOU USE NUCLEOLINK APPLICATION GUIDE ON CD-ROM ("NAG SOFTWARE"). USING NAG SOFTWARE INDICATES YOU HAVE READ, UNDERSTAND AND ACCEPT THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE, DO NOT USE THE NAG SOFTWARE. Grant of License: Nunc grants to you a nontransferable and nonexclusive license to copy the NAG Software onto your computer hard drive and to use the NAG software on a single computer with a single terminal. Said license also allows the NAG Software to be treated as a scientific paper. You are granted the nonexclusive right to use information from the NAG Software in oral and written presentations as long as the NAG Software is presented as the source of the information. Failure to mention the NAG Software as the source of information in any oral or written presentation is a breach of this License. Pornographic, defamatory, libelous or otherwise unlawful use of the NAG Software is prohibited. Any rights not expressly granted herein shall be reserved for Nunc. Source Code or other information pertaining to the logic design of NAG Software is specifically excluded from the license granted hereunder. Ownership: Nunc shall at all times retain title and ownership to NAG Software, including without limitation, all applicable rights in patents, copyrights, trade secrets and other intellectual property in NAG Software. Restrictions: NAG Software is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. You shall not remove, cover or otherwise alter any name or other identifying marks of the NAG Software so that all users are able to identify the NAG Software by its current name and identity as supplied by Nunc. You may not decompile, reverse engineer or otherwise disassemble the NAG Software. No Warranty: NAG Software is delivered to you "AS IS" without any representations or warranties of any kind and NUNC EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF NONINFRINGEMENT OF THIRD-PARTY RIGHTS, MERCHANTABILITY, QUALITY OR FITNESS FOR ANY PARTICULAR PURPOSE. NUNC DOES NOT WARRANT THAT THE SOFTWARE IS ERROR FREE, WILL OPERATE WITHOUT INTERRUPTION OR IS COMPATIBLE WITH ALL EQUIPMENT AND SOFTWARE CONFIGURATIONS. In no event will Nunc be liable to you for any consequential, incidental, or special damages, including any lost profits or lost savings, or for any claim by any third party. Termination: Nunc may terminate this Agreement immediately if you fail to comply with the terms of this Agreement. In the event of termination, you agree to destroy all copies of NAG Software in your possession, plus all of its component parts, and to delete NAG Software from your hard drive. Restrictions on Transfer: The license granted to you may not be assigned, transferred, conveyed, sub licensed or conveyed in any manner by you to any other person or entity. Governing Law: This Agreement will be governed by the laws of the State of New York, USA, without regard to conflict of laws provisions. Entire Agreement: This Agreement is the entire agreement between Nunc and you regarding the copying and use of NAG Software. This Agreement may not be amended or modified except in writing signed by Nunc.