Nimble Streamer End-User License Agreement Under this End User License Agreement (the “Agreement” or “EULA”), Softvelum (a/k/a Furtree Systems, Inc.) grants you, the end user, a non-exclusive license (the “License”) to use Nimble Streamer. 1. DEFINITIONS When used in this Agreement, the following terms shall have the respective meanings indicated, such meanings to be applicable to both the singular and plural forms of the terms defined: "Licensor" means Softvelum. "Licensee" means the end user, You, or Your Company. "Software" means (a) all of the contents of the files with which this Agreement is provided, including but not limited to ((i) registration information, i.e. license key which is unique for a registration name of the Licensee; (ii) related explanatory written materials or files ("Documentation"); and (iii) Software setup files and code samples (if any); and (b) upgrades, modified versions, updates, additions, and copies of the Software, if any, licensed to you by Licensor (collectively, "Updates"). "Use" or "Using" means to access, install, download, copy, or otherwise benefit from using the functionality of the Software in accordance with the Documentation. "System" means Windows OS, GNU/Linux, Mac OS X, or any operating system where the Software is being used. 2. GENERAL USE By using all or any portion of the Software you accept all the terms and conditions of this Agreement. If you do not agree, do not use this Software. 2.1 You are granted a limited, non-exclusive, License to Use the downloaded Software, subject to the terms of this Agreement. 2.2 The Software installation package can be copied for backup and archival purposes only, under the condition that original copyright notice and disclaimer of warranty will stay intact, re-distribution of the Software is not allowed. 2.3 The Licensee will not have any proprietary rights in or to the Software. The Licensee acknowledges and agrees that the Licensor retains all copyrights and other proprietary rights in and to the Software. 2.4 The Licensee agrees not to copy the licensed Software onto any public or distributed network. 3. INTELLECTUAL PROPERTY RIGHTS 3.1 This License does not transmit any intellectual rights to the Software. The Software and any copies that the Licensee is authorized by the Licensor to make are the intellectual property of and are owned by the Licensor. 3.2 The Software is protected by copyright, including without limitation by Copyright Law and international treaty provisions. 3.3 Any copies that the Licensee is permitted to make pursuant to this Agreement must contain the same copyright and other proprietary notices that appear on or in the Software. 3.4 The structure, organization, and code of the Software are the valuable trade secrets and confidential information of the Licensor. 3.6 Trademarks shall be used in accordance with accepted trademark practice, including identification of trademarks owners' names. Trademarks can only be used to identify printed output produced by the Software and such use of any trademark does not give the Licensee any rights of ownership in that trademark. 4. WARRANTY 4.1 The Software is being delivered to the Licensee "AS IS" and the Licensor makes no warranty as to its use or performance. The Licensor does not, and cannot, warrant the performance or results the Licensee may obtain by using the Software. Risk arising out of use or performance of the Software remains with the Licensee. The Licensor gives no warranty, express or implied, that (i) the Software will be of satisfactory quality, suitable for any particular purpose or any particular use under specified conditions, notwithstanding that such purpose, use, or conditions may be known to the Licensor; or (ii) the Software will operate error-free or without interruption or that any errors will be corrected. 4.2 Licensee must comply with all applicable export laws and regulations applicable to their use of the Software. 4.3 Licensee must immediately destroy all copies of the Software upon termination of this Agreement. 4.4 The licensee is permitted to transfer the license granted by this Agreement only if (a) Licensee complies with any transfer terms imposed by Licensor and delivers all copies of the Software to the transferee along with the Agreement; (b) transferee accepts the terms and conditions of the Agreement as a condition to any transfer, and (c) the Licensee's license to use the Software terminates upon transfer. 5. LICENSE FEE The monthly subscription fee paid by the Licensee will constitute the fee for use of the Software. Continued payment of the subscription fee will constitute consideration for this Agreement. 6. LIMITATION OF LIABILITY The Software is provided by the Licensor and accepted by the Licensee “as is”. Liability of the Licensor will be limited to a maximum of two monthly subscription fees paid for Software use. The Licensor will not be liable for any general, special, incidental, indirect, or consequential damages including, but not limited to, loss of production, loss of profits, loss of revenue, loss of data, or any other business or economic disadvantage suffered by the Licensee arising out of the use or failure to use the Software. Licensor is not responsible for any use of the Software that violates a third-party patent or other intellectual property rights. 7. NON-WAIVER If one or more provisions of this Agreement are held invalid, illegal, or unenforceable in any respect on the basis of any particular circumstances or in any jurisdiction, the validity, legality, and enforceability of such provision or provisions under other circumstances or in other jurisdictions and of the remaining provisions shall not in any way be affected or impaired. A party's failure to exercise any right under this Agreement will not constitute a waiver of (a) any other terms or conditions of this Agreement, or (b) a right at any time thereafter to require compliance with the terms of this Agreement. 8. TERMINATION This Agreement will be terminated, and the License forfeited where the Licensee has failed to comply with any terms of this Agreement or is in breach of this Agreement. On termination of this agreement for any reason, the Licensee will promptly remove the Software from their machine. 9. GOVERNING LAW The Parties to this Agreement submit to the jurisdiction of the courts of the State of New York for the enforcement of this Agreement or any arbitration award or decision arising from this Agreement. This Agreement will be enforced or construed according to the laws of the State of New York, without regard to its conflict of law principles. 10. NOTICES By using the Software, you acknowledge that you have read this Agreement, understand it, and agree to be bound by its terms and conditions. All notices to the Vendor under this agreement are to be provided at the following address: Furtree Systems, Inc. d.b.a. Softvelum PO Box 965063, Marietta, Georgia, USA 30066