EVALUATION AGREEMENT FOR PATHENGINE LIBRARY REDISTRIBUTION NOT PERMITTED 1. LICENSE 1.1 License Grant. Subject to the terms of this Evaluation Agreement ("Agreement"), PathEngine grants you a non-exclusive, non-transferable license to use the PathEngine library ("Software") for the purpose of evaluating the Software. 1.2 Restrictions. In order to protect PathEngine's trade secrets in the Software, except as permitted by applicable law, you agree that you will not attempt to reverse engineer, reverse compile, disassemble, modify, adapt, translate, create derivative works from, rent, lease, loan, time-share, distribute, transmit over a network, sublicense or provide service bureau services by using the Software, in whole or in part. You shall use best efforts to stop any such copying or distribution immediately after such use becomes known. 2. PROPRIETARY RIGHTS All right, title and interest, including intellectual property rights, in and to the Software are owned by PathEngine and/or its licensors. You acknowledge that no title to the intellectual property in the Software is transferred to you and you will not acquire any rights to the Software except for the license as expressly set forth herein. PathEngine reserves all rights not expressly granted hereunder. 3. EVALUATION OF SOFTWARE PathEngine may request that you provide it with feedback relating to the performance of the Software and any bugs or errors encountered by you during your evaluation of the Software. In the event that PathEngine so requests, you will promptly provide PathEngine with a complete description of any and all problems or difficulties relating to such Software. Any ideas or suggestions for modifications or enhancements to the Software as well as all information about the Software's performance or errors reported by you ("Supportive Information") will be the property of PathEngine. You hereby assign all right, title and interest in the Supportive Information and the related intellectual property rights to PathEngine and agree to assist PathEngine, at PathEngine's expense, in perfecting and enforcing such rights. Notwithstanding the above, you may use such Supportive Information for internal evaluation purposes during the term of this Agreement. 4. CONFIDENTIAL INFORMATION You agree that you will not make use of, disseminate or in any way disclose the Software or any and all technical and non-technical information including all intellectual property, trade secrets and proprietary information, techniques, sketches, drawings, models, inventions, know-how, processes, apparatus, equipment, performance testing, software and algorithms related to the Software ("Confidential Information") to any person, firm or business except as part of your evaluation of the Software as contemplated herein or for any purpose PathEngine may hereafter authorize in writing. You agree that you will treat all Confidential Information with the same degree of care as you accord to your own Confidential Information, but in no event less than a reasonable degree of care. No information of any kind shall be disclosed by you regarding the results of the Software evaluation, including but not limited to information regarding performance benchmarks, bugs or other problems encountered in the use of the Software without the explicit written permission of PathEngine. 5. WARRANTY DISCLAIMER PathEngine is not obligated to provide any direct support, maintenance, new releases, enhancements, or updates of the Software. PATHENGINE MAKES NO EXPRESS, STATUTORY OR IMPLIED WARRANTIES OF ANY KIND AND SPECIFICALLY DISCLAIMS THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS RELATED TO THE SOFTWARE. 6. LIMITATION OF LIABILITY IN NO EVENT SHALL PATHENGINE BE LIABLE UNDER ANY THEORY FOR ANY DAMAGES SUFFERED BY YOU OR ANY USER OF THE SOFTWARE INCLUDING, BUT NOT LIMITED TO, ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES, INCLUDING ANY LOSS OF DATA OR INFORMATION, LOST PROFITS OR LOST SAVINGS, REGARDLESS OF THE THEORY ON WHICH ANY SUCH DAMAGES MAY BE BASED, EVEN IF PATHENGINE OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY. 7. INDEMNIFICATION You shall indemnify and hold harmless PathEngine and its licensors against any claim, damages, loss, liability or expense, including attorneys fees, arising out of your use of the Software in any way contrary to this Agreement. 8. TERMINATION This Evaluation Agreement and the limited, personal, non-exclusive license granted to you are effective from the time you accept the terms and conditions of this Agreement until it is terminated. You may terminate this Agreement at any time by destroying all copies of the Software. This Agreement shall terminate automatically if you fail to comply with the limitations described in this license. No notice shall be required from PathEngine to effectuate such termination. The rights and obligations contained in Sections 1.2, 2, 4, 5, 7, and 9 shall survive any termination of this Agreement. Upon termination you agree to destroy all copies of the Software and cease all further use thereof. 9. GENERAL PROVISIONS The present Agreement is governed and shall be interpreted according to law applicable in the United Kingdom. The parties agree that only tribunals of the United Kingdom judicial district have jurisdiction on the present agreement. If any provision of this Agreement is held to be illegal, invalid or unenforceable, the legality, validity and enforceability of the remaining provisions of this Agreement shall not be affected or impaired thereby. No waiver by any party of any breach of any provisions hereof will be valid or binding unless made in writing, signed by the party prejudiced thereby. This Agreement constitutes the entire agreement with respect to its subject matter and supersedes all prior or contemporaneous oral or written agreements concerning such subject matter. This Agreement may be amended or modified only by mutual agreement of authorized representatives of the parties in writing. You may not assign or transfer this Agreement without PathEngine's prior written consent. In the event of any breach of this Agreement, the prevailing party in any action or proceeding to enforce this Agreement shall be entitled to recover its attorneys' and experts' fees in addition to such other relief as it may be entitled.