PART I -- TERMS APPLICABLE WHEN LICENSE FEES NOT PAID (LIMITED TO EVALUATION, EDUCATIONAL AND NONPROFIT USE) GRANT.

The Paradigm Exchange grants you a single user a nonexclusive personal license for sixty (60) days from the date of receipt to use Grinder on single user computers with the Windows 95/98 or Windows NT operating system free of charge only if you download the Software from The Paradigm Exchange Internet site, register by providing all information requested, submit the information to The Paradigm Exchange, and only use Grinder for noncommercial internal and personal or evaluation purposes.

You agree that Grinder is not to be used under any conditions for business or profitable purpose of any type or for the production of any work, services, or product of any kind that is performed for another, or is otherwise charged for, or given in exchange for consideration, by you or any party utilizing Grinder.

You are entitled to receive any updates or new versions of Grinder according to the then current terms, prices, and policies of The Paradigm Exchange. You must pay all applicable and then current fees of The Paradigm Exchange and obtain a new license before using the Software for training, commercial, or profitable purposes, or to provide services for yourself or for the benefit of any other party, or for any other use that is not purely personal and internal to you. Prices for commercial versions of the Software and updates of the Software of any kind are subject to change at any time by The Paradigm Exchange without prior, present, or subsequent notice.

The Software shall not be operated on a network or multiple user computer system unless a separate license is obtained for each user using the software.

The Software shall not be used in a service bureau, for training, or to provide services for others unless appropriate licensing for Grinder is obtained and paid for from The Paradigm Exchange.

You shall not charge anyone for use or distribution of the Software or modify the Software in any way without express and prior written consent from an authorized person at The Paradigm Exchange.

All of the privileges granted herein shall terminate immediately if Grinder is ever used for commercial or profitable purposes or for the benefit of a party who is using it for personal noncommercial purposes, or if the holder of the Software in any way breach's the terms or conditions of this agreement.

The Paradigm Exchange grants you a nonexclusive license to use the Software free of charge for ninety (90) days if (a) you are a student, faculty member, or staff member of an educational institution (K-12, junior college, college or library);  or (b) your use of the Software is for the purpose of evaluating to purchase an ongoing license to the Software. The evaluation period for use by or on behalf of a commercial entity is limited to sixty (60) days; evaluation use by all others is subject to the sixty (60) day limit.  Government agencies (other than public libraries) are not considered educational or charitable nonprofit organizations for purposes of this Agreement.  If you are using the Software free of charge, you are not entitled to hard-copy documentation, support or telephone assistance, and any liability incurred as the result of using Grinder shall in all cases be limited to the value of the purchase price of the Grinder products acquired and used for the purpose of the purchase, by the user. If you fit within the description above, you may use the Software in the manner described in Part III below under "Scope of Grant."

DISCLAIMER OF WARRANTY.

Free of charge Software is provided on an "AS IS" basis, without warranty of any kind, including without limitation the warranties of merchantability, fitness for a particular purpose and non-infringement. The entire risk as to the quality and performance of the Software is borne by you. Should the Software prove defective, you and not The Paradigm Exchange assume the entire cost of any service and repair. In addition, the security mechanisms implemented by The Paradigm Exchange software have inherent limitations, and you must determine that the Software sufficiently meets your requirements. This disclaimer of warranty constitutes an essential part of the agreement. SOME JURISDICTIONS DO NOT ALLOW EXCLUSIONS OF AN IMPLIED WARRANTY, SO THIS DISCLAIMER MAY NOT APPLY TO YOU AND YOU MAY HAVE OTHER LEGAL RIGHTS THAT VARY BY JURISDICTION.

PART II -- TERMS APPLICABLE WHEN LICENSE FEES PAID

GRANT. Subject to payment of applicable license fees, The Paradigm Exchange grants to you a nonexclusive license to use the Software and accompanying documentation ("Documentation") in the manner described in Part III below under "Scope of Grant."

LIMITED WARRANTY FOR PAID LICENSEES.

The Paradigm Exchange warrants that for a period of ninety (90) days from the date of acquisition, for purchased Software, if operated as directed, will substantially achieve the functionality described in the Documentation. The Paradigm Exchange does not warrant, however, that your use of the Software will be uninterrupted or that the operation of the Software will be error-free or secure. In addition, the security mechanisms implemented by The Paradigm Exchange software have inherent limitations, and you must determine that the Software sufficiently meets your requirements. The Paradigm Exchange also warrants that the media containing the Software, if provided by The Paradigm Exchange, is free from defects in material and workmanship and will so remain for ninety (90) days from the date you acquired the Software. The Paradigm Exchange's sole liability for any breach of this warranty shall be, in The Paradigm Exchange's sole discretion: (i) to replace your defective media; or (ii) to advise you how to achieve substantially the same functionality with the Software as described in the Documentation through a procedure different from that set forth in the Documentation; or (iii) if the above remedies are impracticable, to refund the license fee you paid for the Software. Repaired, corrected, or replaced Software and Documentation shall be covered by this limited warranty for the period remaining under the warranty that covered the original Software, or if longer, for thirty (31) days after the date (a) of shipment to you of the repaired or replaced Software, or (b) The Paradigm Exchange advised you how to operate the Software so as to achieve the functionality described in the Documentation. Only if you inform The Paradigm Exchange of your problem with the Software during the applicable warranty period and provide evidence of the date you purchased a license to the Software will The Paradigm Exchange be obligated to honor this warranty. The Paradigm Exchange will use reasonable commercial efforts to repair, replace, advise or, for individual consumers, refund pursuant to the foregoing warranty within 31 days of being so notified.

THIS IS A LIMITED WARRANTY AND IT IS THE ONLY WARRANTY MADE BY THE PARADIGM EXCHANGE. THE PARADIGM EXCHANGE MAKES NO OTHER EXPRESS WARRANTY AND NO WARRANTY OF NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS. THE DURATION OF IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND OF FITNESS FOR A PARTICULAR PURPOSE, IS LIMITED TO THE ABOVE LIMITED WARRANTY PERIOD; SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO LIMITATIONS MAY NOT APPLY TO YOU.  NO PARADIGM EXCHANGE DEALER, AGENT, OR EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS, OR ADDITIONS TO THIS WARRANTY. If any modifications are made to the Software by you during the warranty period; if the media is subjected to accident, abuse, or improper use; or if you violate the terms of this Agreement, then this warranty shall immediately be terminated. This warranty shall not apply if the Software is used on or in conjunction with hardware or software other than the unmodified version of hardware and software with which the software was designed to be used as described in the Documentation. THIS WARRANTY  GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER LEGAL RIGHTS THAT VARY BY JURISDICTION.

PART III -- TERMS APPLICABLE TO ALL LICENSE GRANTS

SCOPE OF GRANT.

You may:

* use the Software on any single computer; * use the Software on a network, provided that each person accessing the Software through the network must have a copy licensed to that person; * use the Software on a second computer so long as only the one copy is intended for use by one person, and only one copy is used by that person at a time; * copy the Software for archival purposes, provided any copy must contain all of the original Software's proprietary notices; or * if you have purchased multi-user license packs, any  copy must contain all of the original Software's  proprietary notices. The number of copies is the total number of copies that may be made for all  platforms. Additional copies of Documentation may be  purchased.

You may not:

* permit other individuals to use the Software except under the terms listed above; * permit concurrent use of the Software; * modify, translate, reverse engineer, decompile, disassemble (except to the extent applicable laws  specifically prohibit such restriction), or create  derivative works based on the Software; * copy the Software other than as specified above; * rent, lease, grant a security interest in, or otherwise transfer rights to the Software; or * remove any proprietary notices or labels on the Software.

TITLE.

Title, ownership rights, and intellectual property rights in the Software shall remain in The Paradigm Exchange and/or its suppliers. The Software is protected by the copyright laws and treaties. Title and related rights in the content accessed through the Software is the property of the applicable content owner and may be protected by applicable law. This License gives you no rights to such content.

TERMINATION.

The license will terminate automatically if you fail to comply with the limitations described herein. On termination, you must destroy all copies of the Software and Documentation.

EXPORT CONTROLS.

None of the Software or underlying information or technology may be downloaded or otherwise exported or re exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, Yugoslavia, North Korea, Iran, Syria or any other country to which the US has embargoed goods; or (ii) to anyone on the US Treasury Department's list of Specially Designated Nationals or the US Commerce Department's Table of Denial Orders. By downloading or using the Software, you are agreeing to the foregoing and you are representing and warranting that you are not located in, under the control of, or a national or resident of any such country or on any such list.

In addition, if the licensed Software is identified as a not-for-export product (for example, on the box, media or in the installation process), then the following applies: EXCEPT FOR EXPORT TO Canada FOR USE IN Canada BY Canadian CITIZENS, THE SOFTWARE AND ANY UNDERLYING TECHNOLOGY MAY NOT BE EXPORTED OUTSIDE THE UNITED STATES OR TO ANY FOREIGN ENTITY OR "FOREIGN PERSON" AS DEFINED BY US GOVERNMENT REGULATIONS, INCLUDING WITHOUT LIMITATION, ANYONE WHO IS NOT A CITIZEN, NATIONAL OR LAWFUL PERMANENT RESIDENT OF THE UNITED STATES. BY DOWNLOADING OR USING THE SOFTWARE, YOU ARE AGREEING TO THE FOREGOING AND YOU ARE WARRANTING THAT YOU ARE NOT A "FOREIGN PERSON" OR UNDER THE CONTROL OF A FOREIGN PERSON.

LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL PARADIGM EXCHANGE OR ITS SUPPLIERS OR RESELLERS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES. IN NO EVENT WILL PARADIGM EXCHANGE BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE AMOUNT PARADIGM EXCHANGE RECEIVED FROM YOU FOR A LICENSE TO THE SOFTWARE, EVEN IF PARADIGM EXCHANGE SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION. FURTHERMORE, SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.

HIGH RISK ACTIVITIES.

The Software is not fault-tolerant and is not designed, manufactured or intended for use or resale as on-line control equipment in hazardous environments requiring fail-safe performance, such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines, or weapons systems, in which the failure of the Software could lead directly to death, personal injury, or severe physical or environmental damage ("High Risk Activities"). The Paradigm Exchange and its suppliers specifically disclaim any express or implied warranty of fitness for High Risk Activities.

MISCELLANEOUS.

If the copy of the Software you received was accompanied by a printed or other form of "hard-copy" End User License Agreement whose terms vary from this Agreement, then the hard-copy End User License Agreement governs your use of the Software. This Agreement represents the complete agreement concerning this license and may amended only by a writing executed by both parties. THE ACCEPTANCE OF ANY PURCHASE ORDER PLACED BY YOU IS EXPRESSLY MADE CONDITIONAL ON YOUR ASSENT TO THE TERMS SET FORTH HEREIN, AND NOT THOSE IN YOUR PURCHASE ORDER. If any provision of this Agreement is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable. This Agreement shall be governed by California law (except for conflict of law provisions). The application the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded.

US GOVERNMENT RESTRICTED RIGHTS. Use, duplication or disclosure by the Government is subject to restrictions set forth in subparagraphs (a) through (d) of the Commercial Computer-Restricted Rights clause at FAR 52.227-19 when applicable, or in subparagraph © (1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013, or at 252.211-7015, or to The Paradigm Exchange's standard commercial license, as applicable, and in similar clauses in the NASA FAR Supplement. Contractor/manufacturer is The Paradigm Exchange, 2016 Village North, Atlanta, GA 30338.

By downloading, using, or copying the Binary Software, Licensee agrees to abide by the intellectual property laws, and all other applicable laws of  the US, and the terms of this License. Ownership of the Software shall  remain solely in The Paradigm Exchange, a US corporation, Atlanta, GA.

The Paradigm Exchange shall have the right to terminate the User License immediately by written notice upon Licensee's breach of, or noncompliance with, any of the License or Copyright terms. Licensee shall be liable for any infringement or damages resulting from Licensee's failure to abide by the terms of this License. Licensee agrees to pay for all usual and customary legal fees and court and incidental costs should it be necessary for The Paradigm Exchange to bring legal action against the Licensee who has committed an infraction of the License or Copyright terms.