ESW Software Cobra Version 3.0 Binary Code License This binary code license ("License") contains rights and restrictions associated with the use of the accompanying software and documentation ("Software"). By installing, copying or otherwise using the Software you agree to be bound by the terms and conditions of this License. 1. Limited License Grant. ESW Software grants to you ("Licensee") a limited, non-exclusive, non-transferable license to use the Software without fee. In addition, Licensee is granted a royalty-free right to reproduce and distribute the Software provided that the Licensee: (i) distributes the Software complete and unmodified; (ii) displays this License conspicuously with each copy of the Software; and (iii) agrees to indemnify, hold harmless, and defend ESW Software and its licensors from and against any claims or lawsuits, including attorneys' fees, that arise or result from the use or distribution of the Program. 2. Restrictions. The Software is the property of ESW Software and is protected by copyright law. Licensee may not modify, decompile, disassemble, decrypt, extract, or reverse engineer the Software. Software may not be sold, leased, assigned, sublicensed, or otherwise transferred, in whole or in part. 3. Trademarks. This license does not authorize Licensee to use any ESW Software name, trademark or logo. 4. Disclaimer of Warranty. Software is provided "AS IS," without a warranty of any kind. ALL EXPRESS OR IMPLIED REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, ARE HEREBY EXCLUDED. THE ENTIRE RISK ARISING OUT OF USING THE SOFTWARE IS ASSUMED BY THE LICENSEE. 5. Limitation of Liability. ESW SOFTWARE AND ITS LICENSORS SHALL NOT BE LIABLE FOR ANY DAMAGES SUFFERED BY LICENSEE OR ANY THIRD PARTY AS A RESULT OF USING OR DISTRIBUTING SOFTWARE. IN NO EVENT WILL ESW OR ITS LICENSORS BE LIABLE FOR ANY LOST REVENUE, PROFIT OR DATA, OR FOR DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, HOWEVER CAUSED AN REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT OF THE USE OF OR INABILITY TO USE SOFTWARE, EVEN IF ESW HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 6. Termination. Licensee may terminate this License at any time by destroying all copies of Software. This license will terminate immediately without notice from ESW Software if Licensee fails to comply with any provision of this License. Upon termination, Licensee must destroy all copies of Software. 7. Severability. If any of the above provisions are held to be in violation of applicable law, void, or unenforceable in any jurisdiction, then such provisions are herewith waived to the extent necessary for the License to be otherwise enforceable in such jurisdiction. However, if in ESW Software opinion deletion of any provisions of the License by operation of this paragraph unreasonably compromises the rights or increase the liabilities of ESW Software or its licensors, ESW Software reserves the right to terminate the License and refund the fee paid by Licensee, if any, as Licensee's sole and exclusive remedy.