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SOFTWARE PRODUCT LICENSE AGREEMENT

This License Agreement (the "Agreement" including in perpetuity, without prior notice if you fail to comply, or Visualware has reasonable belief that you failed to comply, with the terms and conditions of this Agreement. In such event, you must destroy all copies of the SOFTWARE PRODUCT.

5. NO WARRANTY. Any use of the SOFTWARE PRODUCT is at your own risk. To the maximum extent permitted by applicable law, Visualware and its owners, employees, agents, associates, affiliates, and suppliers disclaim all warranties and conditions, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and noninfringement.

6. NO LIABILITY FOR CONSEQUENTIAL DAMAGES. To the maximum extent permitted by applicable law, in no event shall Visualware or its owners, employees, agents, associates, affiliates, or suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the use of or inability to use the SOFTWARE PRODUCT (whether due to license termination or any other reason), even if Visualware has been advised of the possibility of such damages.

7. LIMITATION OF LIABILITY. Visualware`s entire liability and your exclusive remedy under this Agreement shall not exceed your purchase price.

8. THIRD PARTY PRODUCT. If purchasing a third party product, the use of such third party product shall be governed by the third party`s license agreement, which must be approved with first use of the product.