TERMINUS SYSTEM DESIGNS, INC. ENTROPY FREEWARE LICENSE AGREEMENT PLEASE READ THIS LICENSE CAREFULLY BEFORE DOWNLOADING, INSTALLING AND USING THE PROGRAM. BY CLICKING ON THE "I AGREE" BUTTON PRIOR TO DOWNLOADING THE PROGRAM AND BY INSTALLING AND USING THE PROGRAM, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, PROMPTLY REMOVE THE PROGRAM FROM YOUR COMPUTER. 1. This is an agreement between you and Terminus System Designs, Inc. ("TSD") for the purpose of specifying the conditions under which you (either an individual or single entity) will use this freeware version of Entropy ("Program"). You may upgrade this freeware version of Entropy by going to the Entropy web site (http://entropy.tsdi.com), by agreeing to the Entropy Turbo License Agreement and by paying the Entropy Turbo license fee, and TSD will provide you with an access code to get the Entropy Turbo version, subject to that license agreement. 2. TSD hereby grants to you, and you hereby accept, subject to the terms and conditions set forth in this License, a non-exclusive and non-transferable royalty-free license to use the Program in binary executable form. 3. You acknowledge that the Program and all user's manuals and other supporting documentation (collectively "Documentation") constitute valuable property of TSD and that all title and ownership rights in the Program and the Documentation remain exclusively with TSD. 4. TSD reserves all rights with respect to the Program and the Documentation under all applicable laws for the protection of proprietary information, including, but not limited to, trade secrets, copyrights, trademarks and patents. 5. You may not modify, translate, reverse engineer, decompile, or create derivative works of the Program. You may make and distribute unlimited copies of the Program and Documentation, as long as each copy includes a copy of this License, you maintain and do not alter or remove any copyright, trademark, and other proprietary rights or other TSD or third party notices contained in the Program and/or Documentation, you do not separate and/or exclude any components of the Program and Documentation, and you include and do not alter the Program installer as provided by TSD. 6. TSD DISCLAIMS ALL WARRANTIES FOR THE PROGRAM, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND WARRANTIES OF TITLE AND NONINFRINGEMENT. 7. UNDER NO CIRCUMSTANCE SHALL TSD BE LIABLE TO PAY YOU OR ANY OTHER PARTY ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL, EXEMPLARY OR INCIDENTAL DAMAGES OR LOSSES, INCLUDING BUT NOT LIMITED TO LOST PROFITS WHICH MAY OCCUR AS A RESULT OF YOUR USE OF, OR INABILITY TO USE THE PROGRAM. 8. TSD may terminate this license at any time by delivering notice to you. You may terminate this license at any time by destroying or erasing all copies of the Program. Upon termination of this license, you agree to destroy or erase all copies of the Program. The provisions of Sections 5, 6, 7, 8, 9 and 10 shall survive any termination of this License for any reason. 9. You agree that the Program will not be shipped, transferred or exported into any country or used in any manner prohibited by the United States Export Administration Act or any other export laws, restrictions or regulations. 10. This License shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania and, as to matters affecting copyrights, trademarks and patents, by U.S. federal law.