solver.com

SOFTWARE LICENSE

This is an agreement between Frontline Systems, Inc. ("Frontline") and the person or organization acquiring a license ("Licensee") to use the computer program products described in this User Guide (the "Software"), in exchange for Licensee's payment to Frontline. Licensee may designate the individual(s) who will use the Software from time to time, in accordance with the terms of this agreement. Unless replaced by a separate written agreement signed by an officer of Frontline, this agreement, including the Software License, Limited Warranty, and U.S. Government Restricted Rights sections, shall govern Licensee's use of the Software; by accepting delivery of the Software or allowing Use of the Software, Licensee accepts all terms and conditions of this agreement, and agrees that this agreement supersedes the terms and conditions of any purchase order issued in connection with the license purchase.

"Use" of the Software means the use of any of its functions to define, analyze, solve (optimize, simulate, etc.) and/or obtain results for a single user-defined model. Use with multiple models at the same time, whether on one computer or multiple computers, requires either a Flexible Use License or multiple Standalone Licenses. Use occurs only during the time that the computer's processor is executing the Software; it does not include time when the Software is loaded into memory without being executed. The minimum time period for Use on any one computer shall be ten (10) minutes, but may be longer depending on the Software function used and the size and complexity of the model.

STANDALONE LICENSE

If Licensee pays for a Standalone License, Frontline grants to Licensee the right to Use the Software on one computer (the "PC") at a time, and will provide Licensee with a license code enabling such Use. The Software may be stored on one or more computers, servers or storage devices, but it may be Used only on the PC. Use of the Software may depend upon unique components of the PC, such as its hard disk ID or MAC address; in the event these components fail, Frontline will provide Licensee with a new license code, enabling Use with replacement components, at no charge. A Standalone License may be transferred to a different PC while the first PC remains in operation only if (i) Licensee requests a new license code from Frontline, (ii) Licensee certifies in writing that the Software will no longer be Used on the first PC, and (iii) Licensee pays a license transfer fee, unless such fee is waived by Frontline.

FLEXIBLE USE LICENSE

If Licensee pays for a Flexible Use License, Frontline grants to Licensee the right to Use the Software as described in this paragraph, and will provide Licensee with License Server software and a license code enabling such Use. For purposes of this agreement, a "Network" is a group of computers interconnected by any networking technology that supports the TCP/IP protocol or the IPX/SPX protocol. The Software may be (i) stored on one or more computers, servers or storage devices on the Network, (ii) accessed by and copied into the memory of other computers on the Network, and (iii) Used on any of the computers on the Network, provided that only one Use occurs at any one time. Licensee must install and run the License Server software on one of the computers on the Network (the "LS"); other computers will temporarily obtain the right to Use the Software from the License Server. Operation of the License Server may depend upon unique components of the LS, such as its hard disk ID or MAC address; in the event these components fail, Frontline will provide Licensee with a new license code, enabling operation of the License Server with replacement components, at no charge. The License Server software may be transferred to a different LS while the first LS remains in operation only if (i) Licensee requests a new license code from Frontline, (ii) Licensee certifies in writing that the License Server will no longer be run on the first LS, and (iii) Licensee pays a license transfer fee, unless such fee is waived by Frontline.

ADDITIONAL TERMS

This agreement does not grant to Licensee the right to make copies of the Software or otherwise enable use of the Software in any manner other than as described above, by any persons or on any computers except as described above, or by any entity other than Licensee. Licensee agrees that it will not rent or lease the Software, nor "share" use of the Software with anyone else, nor make the Software available over the Internet, a company or institutional intranet, or any similar networking technology, except as explicitly provided above in the case of a Flexible Use License. Licensee agrees that it will not attempt to alter or circumvent license control features of the Software or the License Server, nor reverse compile or reverse engineer the Software or the License Server. This agreement may be assigned to any entity that succeeds by operation of law to Licensee or that purchases all or substantially all of Licensee's assets (the "Successor"), provided that Frontline is notified of the transfer, and that Successor agrees to all terms and conditions of this agreement.

COPYRIGHT WARNING

The Software is protected by United States copyright laws and international copyright treaty provisions. It is unlawful for any person or entity to copy or use the Software, except as permitted by the license explicitly granted by Frontline. The law provides for both civil and criminal penalties for copyright infringement.

See also Frontline Systems Limited Warranty.