<html xmlns="http://www.w3.org/1999/xhtml"> <head> <meta http-equiv="Content-Type" content="text/html; charset=utf-8" /> </head> <body> <p><strong>LICENSE AGREEMENT</strong></p> <p><strong>***IMPORTANT ***</strong></p> <p>This is a legal agreement (the &quot;Agreement&quot;) between the end user (&quot;Licensee&quot; or &quot;You&quot;) and SearchBlox Software, Inc. (the &quot;Licensor&quot;). This Agreement is part of a package that also includes executable files that you may download (referred to herein as the &quot;Software&quot;) and certain written materials (the &quot;Documentation&quot;). Any patch, update, upgrade, modification or other enhancement provided by Licensor with respect to the Software or the Documentation shall be included within the meanings of those terms, for the purposes of this Agreement, except to the extent expressly provided below.</p> <p>BY DOWNLOADING OR INSTALLING THE SOFTWARE, YOU ACKNOWLEDGE THAT YOU HAVE READ ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, UNDERSTAND THEM, AND AGREE TO BE BOUND BY THEM. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT DOWNLOAD, INSTALL OR USE THIS SOFTWARE.</p> <p>YOU UNDERSTAND THAT, IF YOU PURCHASED THE SOFTWARE FROM AN AUTHORIZED RESELLER OR DISTRIBUTOR OF LICENSOR, THAT RESELLER OR DISTRIBUTOR IS NOT LICENSOR'S AGENT AND IS NOT AUTHORIZED TO MAKE ANY REPRESENTATIONS, CONDITIONS OR WARRANTIES, STATUTORY OR OTHERWISE, ON LICENSOR'S BEHALF OR TO VARY ANY OF THE TERMS OR CONDITIONS OF THIS AGREEMENT.</p> <p>YOU HEREBY REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL AUTHORITY TO BIND THE ORGANIZATION NAMED IN YOUR REGISTRATION FORM, IF ANY, AND IF SUCH AN ORGANIZATION IS NAMED, SUCH ORGANIZATION SHALL BE DEEMED TO BE THE &quot;LICENSEE&quot; REFERRED TO IN THIS AGREEMENT. IF NO SUCH ORGANIZATION IS NAMED, THEN YOU INDIVIDUALLY SHALL BE DEEMED TO BE THE &quot;LICENSEE.&quot;</p> <p>THE LICENSE AND OTHER TERMS AND CONDITIONS SET FORTH HEREIN SHALL APPLY ONLY IF YOU HAVE OBTAINED THE SOFTWARE AND DOCUMENTATION DIRECTLY FROM LICENSOR OR A LICENSOR AUTHORIZED RESELLER OR DISTRIBUTOR.</p> <p>WE RECOMMEND THAT YOU PRINT A COPY OF THIS AGREEMENT FOR YOUR RECORDS.</p> <p><strong>LIMITED LICENSE</strong>: You are entitled to use this Software for your own internal use, but may not sell or transfer reproductions of the Software or Documentation to other parties in any way.</p> <p><strong>OWNERSHIP; COPYRIGHT</strong>: Title to the Software and the Documentation, and patents, copyrights and all other property rights applicable thereto, shall at all times remain solely and exclusively with Licensor and its licensors, and You shall not take any action inconsistent with such title. The Software and the Documentation are protected by United States and other applicable laws and by international treaty provisions. Any rights not expressly granted herein are reserved to Licensor and its licensors.</p> <p><strong>OTHER RESTRICTIONS</strong>: You may not: (i) copy, modify or create any derivative works of the Software or Documentation, including translation or localization; (ii) decompile, disassemble, reverse engineer or otherwise attempt to derive the source code for the Software; (iii) transmit, distribute, encumber, sell, rent, lease, sublicense or otherwise transfer rights to the Software or Documentation; (iv) remove or alter any patent, trademark, logo, copyright or other proprietary notices, legends, symbols or labels in the Software or Documentation; or (v) use the Software to conduct a service bureau or similar business for the benefit of third parties.</p> <p><strong>THIRD PARTY LICENSES</strong>: The Software includes software components that Licensor has licensed from third parties. Your use of these software components is subject to certain third-party licensing terms and conditions. A list of third-party software components follows below with links to relevant licensing terms.</p> <p>Software developed by the Apache Software Foundation (http://www.apache.org/). See <strong>APACHE_license.html</strong> for details. Quartz. See <strong>QUARTZ_license.html</strong> for details. Saxon. See <strong>SAXON_license.html</strong> for details. PDFBox. See <strong>PDFBox_license.html</strong> for details. DOM4J. See <strong>DOM4J_license.html</strong> for details. TextMining.org. See <strong>TEXT_MINING_license.html</strong> for details. JDOM. See <strong>JDOM_license.html</strong> for details. CPDetector. See <strong>CPDETECTOR_license.html</strong> for details. Carrot2. See <strong>CARROT2_license.html</strong> for details.</p> <p><strong>LIMITED WARRANTY</strong>: THE SOFTWARE AND DOCUMENTATION ARE PROVIDED TO YOU ON AN &quot;AS IS&quot; BASIS WITH NO WARRANTIES OF ANY KIND OR NATURE. LICENSOR DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE SOFTWARE AND DOCUMENTATION, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. LICENSOR SPECIFICALLY DISCLAIMS ANY WARRANTY THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE.</p> <p><strong>LIMITATION OF LIABILITY</strong>: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL LICENSOR OR ITS RESELLERS OR DISTRIBUTORS BE LIABLE FOR ANY PUNITIVE, EXEMPLARY, MULTIPLE, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED.</p> <p><strong>TERM AND TERMINATION</strong>: The term of this Agreement shall begin on the earlier of Your original date of receipt, installation, download or use of the Software and shall remain in effect unless terminated in accordance with this provision. Without prejudice to any other rights, Licensor may terminate this Agreement if You fail to comply with the terms and conditions of this Agreement. Upon termination, You must cease all use of the Software and Documentation and You must destroy all copies of the Software and Documentation and all component parts thereof in Your possession or under Your control or otherwise return or dispose of such material in such manner as Licensor may direct.</p> <p><strong>GENERAL</strong>: This Agreement constitutes the entire understanding between Licensor and You with respect to subject matter hereof. Any change to this Agreement must be in writing, signed by Licensor and You. Terms and conditions as set forth in any purchase order which differ from, conflict with, or are not included in this Agreement, shall not become part of this Agreement unless specifically accepted by Licensor in writing. You shall be responsible for and shall pay, and shall reimburse Licensor on request if Licensor is required to pay, any sales, use, value added (VAT), consumption or other tax (excluding any tax that is based on Licensor's net income), assessment, duty, tariff or other fee or charge of any kind or nature that is levied or imposed by any governmental authority on the Software.</p> <p><strong>EXPORT AND IMPORT COMPLIANCE</strong>: In the event You export the Software or the Documentation from the country in which You first received it, You assume the responsibility for compliance with all applicable export and re-export regulations, as the case may be.</p> <p><strong>GOVERNMENT RESTRICTED RIGHTS</strong>: The Software and Documentation are &quot;commercial computer software&quot; or &quot;commercial computer software documentation.&quot; Absent a written agreement to the contrary, the U.S. Government's rights with respect to such Software or Documentation are limited by the terms of this Agreement, pursuant to FAR ' 12.212(a) and/or DFARS ' 227.7202-1(a), as applicable.</p> <p><strong>GOVERNING LAW; ARBITRATION</strong>: This Agreement shall be governed by, and any arbitration hereunder shall apply, the laws of the Commonwealth of Virginia, U.S.A., excluding (a) its conflicts of laws principles and (b) the United Nations Convention on Contracts for the International Sale of Goods.</p> <p>Any dispute, controversy or claim arising out of or relating to this Agreement or to a breach hereof,including its interpretation, performance or termination, shall be finally resolved by arbitration. The arbitration shall be conducted by three (3) arbitrators, one to be appointed by Licensor, one to be appointed by You and a third being nominated by the two arbitrators so selected or, if they cannot agree on a third arbitrator, by the President of the American Arbitration Association (&quot;AAA&quot;). The arbitration shall be conducted in English and in accordance with the commercial arbitration rules of the AAA. The arbitration, including the rendering of the award, shall take place in Richmond, Virginia and shall be the exclusive forum for resolving such dispute, controversy or claim. The decision of the arbitrators shall be binding upon the parties hereto, and the expense of the arbitration (including without limitation the award of attorneys' fees to the prevailing party) shall be paid as the arbitrators determine. The decision of the arbitrators shall be executory, and judgment thereon may be entered by any court of competent jurisdiction. Notwithstanding anything contained in this paragraph to the contrary, Licensor shall have the right to institute judicial proceedings against You or anyone acting by, through or under You, in order to enforce Licensor's rights hereunder through reformation of contract, specific performance, injunction or similar equitable relief.</p> <p><strong>ASSIGNMENT</strong>: You may not assign or transfer this Agreement in whole or in part, or any of the rights hereunder, without the prior written consent of Licensor. Any assignment made without prior written consent shall be wholly void and invalid, the assignee shall acquire no rights whatsoever, and Licensor shall not recognize, nor shall it be required to recognize, the assignment. This provision limits both the right and the power to assign this Agreement, and/or the rights hereunder.</p> <p><strong>SEVERABILITY</strong>: Any term or provision of this Agreement that is invalid or unenforceable in any situation in any jurisdiction shall not affect the validity or enforceability of the remaining terms and provisions hereof or the validity or enforceability of the offending term or provision in any other situation or in any other jurisdiction. If the final judgment of a court of Licensor and You agree that the court making the determination of invalidity or unenforceability shall have the power to limit the term or provision, to delete specific words or phrases, or to replace any invalid or unenforceable term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Agreement shall be enforceable as so modified.</p> <p><strong>NO WAIVER</strong>: No waiver by Licensor with respect to any default, misrepresentation or breach of warranty or covenant hereunder shall be deemed to extend to any prior or subsequent default, misrepresentation, or breach of warranty or covenant hereunder or affect in any way any rights arising by virtue of any prior or subsequent such occurrence.</p> </body> </html>