PLEASE READ THIS SOFTWARE LICENSE AGREEMENT "LICENSE" CAREFULLY BEFORE DOWNLOADING OR USING THE SOFTWARE. BY DOWNLOADING OR USING THE SOFTWARE, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, YOU ARE NOT AUTHORIZED TO DOWNLOAD OR USE THIS SOFTWARE.

1. License. The software, documentation and any materials accompanying this License whether on disk, in read only memory, or on any other media or electronic form (the SpotCheck Software) are licensed, not sold, to you by GenieWorks, LLC. (GenieWorks). You own the media on which the SpotCheck software is recorded but GenieWorks retains title to the SpotCheck Software. The SpotCheck Software in this package and any copies which this License authorizes you to make are subject to this License.

2. Permitted Uses and Restrictions. This License allows you to install and use the SpotCheck Software on a single computer at a time. This License does not allow the SpotCheck Software to exist on more than one computer at a time. You may make one copy of the SpotCheck Software in machine-readable form for backup purposes only. The backup copy must include all copyright information contained on the original. Except as permitted by applicable law and this License, you may not decompile, reverse engineer, disassemble, modify, rent, lease, loan, distribute, create derivative works from the SpotCheck Software or transmit the SpotCheck Software over a network. You may, however, transfer your rights under this License provided you transfer the related documentation, this License and a copy of the SpotCheck Software to a party who agrees to accept the terms of this License and destroy any other copies of the SpotCheck Software in your possession. Your rights under this License will terminate automatically without notice from GenieWorks if you fail to comply with any term(s) of this License.

3. Disclaimer of Warranty on SpotCheck Software. Some of the SpotCheck Software may be designated as alpha, beta, development, pre-release, production, untested, or not fully tested versions of the SpotCheck Software. Such SpotCheck Software may contain errors that could cause failures or loss of data, and may be incomplete or contain inaccuracies. You expressly acknowledge and agree that use of the SpotCheck Software is at your sole risk. The SpotCheck Software is provided AS IS and without warranty of any kind and GenieWorks EXPRESSLY DISCLAIMS ALL WARRANTIES AND/OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY OR SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE. GENIEWORKS DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SPOTCHECK SOFTWARE WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE GENIEWORKS SOFTWARE WILL BE UNINTERRUPTED OR ERROR- FREE, OR THAT DEFECTS IN THE SPOTCHECK S SOFTWARE WILL BE CORRECTED. FURTHERMORE, GENIEWORKS DOES NOT WARRANT OR MAKE ANY

REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE GENIEWORKS SOFTWARE OR RELATED DOCUMENTATION IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY GENIEWORKS OR AN GENIEWORKS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. SHOULD THE SPOTCHECK SOFTWARE PROVE DEFECTIVE, YOU (AND NOT GENIEWORKS OR AN GENIEWORKS AUTHORIZED REPRESENTATIVE) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. THE TERMS OF THIS DISCLAIMER DO NOT AFFECT OR PREJUDICE THE STATUTORY RIGHTS OF A CONSUMER ACQUIRING GENIEWORKS’ PRODUCTS OTHERWISE THAN IN THE COURSE OF A BUSINESS, NEITHER DO THEY LIMIT OR EXCLUDE ANY LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY GENIEWORKS’ NEGLIGENCE.

4. Limitation of Liability. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL GENIEWORKS BE LIABLE FOR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THIS LICENSE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall GenieWorks' total liability to you for all damages exceed the amount paid for this License to the SpotCheck Software.

5. Export Law Assurances. You agree that the SpotCheck Software will not be exported outside the United States except as authorized by United States law. You also agree that SpotCheck Software that has been rightfully obtained outside of the United States shall not be re-exported except as authorized by the laws of the United States and of the jurisdiction in which the SpotCheck Software was obtained.

6. Government End Users. If the SpotCheck Software is supplied to the United States Government, the SpotCheck Software is classified as "restricted computer software" as defined in clause 52.227-19 of the FAR. The United States Government's rights to the SpotCheck Software are as provided in clause 52.227-19 of the FAR.

7. Controlling Law and Severability., This License shall be governed by the laws of the United States and the State of Tennessee. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of this License shall continue in full force and effect.

8. Complete Agreement. This License constitutes the entire agreement between the parties with respect to the use of the GenieWorks Software and supersedes all prior or contemporaneous understandings regarding such subject matter. No amendment to or modification of this License will be binding unless in writing and signed by GenieWorks, LLC.