Please carefully read the following conditions before using the S3D SpheroPack™ Version 2.2 software

IMPORTANT - READ CAREFULLY: Be sure to carefully read and understand all of the rights and restrictions described in this LICENSE AGREEMENT.

This LICENSE AGREEMENT is a legal agreement between you (either an individual, single entity or company) and SMART IMAGING TECHNOLOGIES, CO concerning "S3D SpheroPack™, Version 2.2" software, which includes the accompanying computer software, and may include associated media, printed materials and any online or electronic documentation ("SOFTWARE"). By installing the SOFTWARE, you agree to be bound by the terms of this LICENSE AGREEMENT.

The SOFTWARE is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. All the rights not explicitly provided here are reserved by SMART IMAGING TECHNOLOGIES, CO.

1. GRANT OF LICENSE. This LICENSE AGREEMENT grants you the following rights:

* to use the SOFTWARE by a single person on one or more computers, or by multiple people on a single client computer, but not both;
* to make reserve copies of this software.
* to freely distribute the results, obtained with the SOFTWARE, including both structures and statistical data.

2. LICENSE AGREEMENT TERM AND TERMINATION. This LICENSE AGREEMENT is effective until terminated. Without prejudice to any other rights, SMART IMAGING TECHNOLOGIES, CO may terminate this LICENSE AGREEMENT if you fail to comply with the terms and conditions of this LICENSE AGREEMENT. In such event, you must destroy all copies of the SOFTWARE and all of its component parts. At any moment you can terminate this LICENSE AGREEMENT by destroying all copies of the SOFTWARE and all of its component parts.

3. COPYRIGHT. All title and copyrights in and to the SOFTWARE, the accompanying printed materials, and any copies of the SOFTWARE, are owned by SMART IMAGING TECHNOLOGIES, CO or its suppliers.

4. DISCLAIMER OF WARRANTIES. SMART IMAGING TECHNOLOGIES, CO PROVIDES THE SOFTWARE "AS IS" AND WITH
ALL FAULTS, AND HEREBY DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY (IF ANY) IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF LACK OF VIRUSES, AND OF LACK OF NEGLIGENCE OR LACK OF WORKMANLIKE EFFORT. ALSO, THERE IS NO WARRANTY OR CONDITION OF TITLE, OF QUIET ENJOYMENT, OR OF NONINFRINGEMENT. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF WARRANTY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

5. EXCLUSION OF ALL DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SMART IMAGING TECHNOLOGIES, CO OR ANYONE INVOLVED IN THE CREATION, PRODUCTION OR DELIVERY OF THIS SOFTWARE BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR ANY INJURY TO PERSON OR PROPERTY, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, FOR LOSS OF PRIVACY FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF SMART IMAGING TECHNOLOGIES, CO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF WARRANTY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

6. MISCELLANEOUS. If any provision of this LICENSE AGREEMENT is held to be unenforceable, this LICENSE AGREEMENT will remain in effect with the provision omitted.

THANK YOU FOR USING S3D SPHEROPACK™!

Should you have any questions, please contact SMART IMAGING TECHNOLOGIES, CO at P.O. Box 460387 Houston, TX 77056-8387 USA. E-mail: info@smartimtech.com

(c) 2003-2005, Smart Imaging Technologies, Co. All rights reserved.