License Agreement

My Vision Express Help

License Agreement

LICENSE AGREEMENT:

IMPORTANT NOTICE: Read this License Agreement ("Agreement") carefully before using the enclosed Program(s). You may Use the Program(s) acquired in the United States and Canada only, in accordance with the following terms and conditions. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, YOU MAY NOT USE THE PROGRAM(S). By opening the package containing the media, or by using the Program(s) in any way, you acknowledge that you have read, understood and agree to the terms of this Agreement. If you do not agree with these terms, promptly return the unopened package (and all other product contents, including Documentation) with your receipt or other proof of purchase to the entity from which you obtained this product within 30 days and request a refund. THIS IS A LICENSE AND NOT A SALE.

SOFTWARE PRODUCT LICENSE

The Software Product is protected by intellectual property laws and treaties. The Software Product is licensed, not sold.

EVALUATION SOFTWARE: For all Evaluation Software the clauses in "Section A" apply.

FULL LICENSED SOFTWARE: For all Full Licensed Software (whether that be through the application of a license to an Evaluation version of the product or by the direct purchase of a licensed product), the clauses in "Section B" apply.

A. EVALUATION SOFTWARE

Insight Software, LLC. IS WILLING TO LICENSE THE DOWNLOADABLE, EVALUATION SOFTWARE (the "SOFTWARE") TO YOU ON THE CONDITION THAT YOU ACCEPT THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT (THIS "AGREEMENT"). BY CLICKING ON THE "I ACCEPT" BUTTON OR BY INSTALLING OR USING THE SOFTWARE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT, THEN DO NOT PROCEED ANY FURTHER AND CLICK THE "I DO NOT ACCEPT" BUTTON BELOW.

GENERAL TERMS AND CONDITIONS

1. EVALUATION

You may install the Software on Your computer system and use the Software solely to evaluate and test the Software pursuant to the terms of this Agreement during the evaluation period. You may not use the Software Product for commercial purposes or sell, or otherwise transfer it for value. Commercial purposes include the use of the Software Product to create publicly distributed computer software. You will not otherwise use or copy, translate, modify, adapt, decompile, disassemble or reverse engineer the Software. Since this is evaluation Software, portions of the full use version of the Software may be withheld or unusable and use of the Software may require accessing portions of the Software remotely through the Internet. Full use of the Software may be restricted by technological protections. You agree not to use the Software in violation of any law, statute, ordinance or other regulation (including export control and unfair competition laws) or any obligation to which You are bound. You agree to comply with all applicable laws and regulations regarding Your use of the Software. You agree to indemnify Insight Software, LLC. from and against any liability that Insight Software, LLC. may incur arising from Your use of the Software.

This is not free software. Subject to the terms below, you are hereby licensed by Insight Software, LLC. to use this software for evaluation purposes without charge for a period of 30 days. If you use this software after the 30 day evaluation period a registration fee is required. Visit http://www.myvisionexpress.com website for complete details on how to order.

Unregistered use of My Vision Express software after the 30 day evaluation period is in violation of U.S. and international copyright laws.

2. REQUIRED ACTIVATION

You acknowledge that you have evaluated this software and understand the features and limitation that the software offers. There are technological measures in this Software that are designed to prevent unlicensed or illegal use of the Software. You agree that Insight Software, LLC may use these measures to protect Insight Software, LLC against software piracy. This Software may contain enforcement technology that limits the ability to install and uninstall the Software on a computer to not more than a finite number of times for a finite number of computers. This License and the Software containing enforcement technology require activation as further set forth in the documentation. The Software will only operate for a finite period of time prior to Software activation by You. During activation, You will provide Your unique product key accompanying the Software and computer configuration in the form of an alphanumeric code over the Internet to verify the authenticity of the Software. If You do not complete the activation within the finite period of time set forth in the documentation, or as prompted by the Software, the Software will cease to function until activation is complete, which will restore Software functionality. In the event that You are not able to activate the Software over the Internet, or through any other method specified during the activation process, You may contact Insight Software, LLC Customer Support using the information provided by Insight Software, LLC during activation, or as may be set forth in the documentation.

3. OWNERSHIP

All patents, copyrights, trade secrets and other proprietary rights in or related to the Software are and will remain the exclusive property of Insight Software, LLC., whether or not specifically recognized or perfected under the laws of the country where the Software is located. You hereby assign and agree to assign any and all rights You may have or acquire in or to the Software to Insight Software, LLC. for no additional consideration. You will not take any action that jeopardizes Insight Software, LLC.'s or its licensors' proprietary rights or acquire any rights in the Software, except the limited evaluatory right specified in Section 1. Insight Software, LLC. or its designee will own all rights in any copy, translation, modification, adaptation or derivation of the Software, including any improvement or development thereof. At Insight Software, LLC.'s request, You will execute or obtain the execution of any instrument that may be appropriate to assign these rights to Insight Software, LLC. or its designee or to perfect these rights in Insight Software, LLC.'s or its designee's name.

4. CONFIDENTIALITY

(a) Confidentiality. You acknowledge that the Software is and incorporates confidential and proprietary information developed, acquired by or licensed to Insight Software, LLC.. You will take all reasonable precautions necessary to safeguard the confidentiality of the Software, and will not disclose any information about the Software or the Software evaluations or reports to any other person without Insight Software, LLC.'s prior written permission. You will not allow the removal or defacement of any confidentiality or proprietary notice placed on the Software. The placement of a copyright notice on the Software will not constitute publication or otherwise impair its confidential nature.

(b) Unauthorized Use or Disclosure. You acknowledge that any unauthorized use or disclosure of the Software will cause irreparable harm to Insight Software, LLC. and its licensors. If an unauthorized use or disclosure occurs, You will take all steps that are necessary to recover the Software and to prevent its subsequent unauthorized use or dissemination.

(c) Limitation. You will have no confidentiality obligation with respect to any portion of the Software that (i) You lawfully obtained from a third party under no obligation of confidentiality or (ii) became available to the public other than as a result of Your act or omission.

(d) The Licensed Program is a commercially valuable proprietary product of the Licensor, the design and development of which reflect the efforts of skilled development experts and the investment of considerable time and money, The Licensed Program is treated by the Licensor as confidential and contains significant trade secrets of the Licensor, which the Licensor claims all rights and benefits afforded under federal copyright law and international copyright treaties in all software programs and user materials that constitute the Licensed Program, and in all documentation related thereto, as unpublished works.

(e) You may not disclose the Licensed Program to any person who:

1. Does not have a legitimate business reason to have access thereto; and

2. Is not legally bound to maintain the confidential nature of such materials as required by the terms of this

Agreement.

(f) Your obligations hereunder shall remain in effect for as long as you continue to possess or use the Licensed program or any related trade secrets. You acknowledge that if you breach any of the foregoing provisions, the Licensor will not have an adequate remedy in money or damages, and the Licensor shall therefore be entitled to obtain an injunction against such breach. The Licensor’s right to obtain injunctive or other equitable relief shall not limit its right to seek further remedies.

5. DISCLAIMER OF WARRANTY

YOU ACKNOWLEDGE AND AGREE THAT THE SOFTWARE IS EVALUATION SOFTWARE AND THAT IT IS PROVIDED "AS IS" AND WITHOUT WARRANTY OF ANY KIND. ALL WARRANTIES, CONDITIONS, REPRESENTATIONS, INDEMNITIES AND GUARANTEES WITH RESPECT TO THE SOFTWARE, WHETHER EXPRESS OR IMPLIED, ARISING BY LAW, CUSTOM, PRIOR ORAL OR WRITTEN STATEMENTS BY Insight Software, LLC. OR OTHERWISE (INCLUDING, BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT) ARE HEREBY OVERRIDDEN, EXCLUDED AND DISCLAIMED.

YOU ARE SPECIFICALLY PROHIBITED FROM CHARGING, OR REQUESTING DONATIONS, FOR ANY COPIES, HOWEVER MADE, AND FROM DISTRIBUTING SUCH COPIES WITH OTHER PRODUCTS OF ANY KIND, COMMERCIAL OR OTHERWISE, WITHOUT PRIOR WRITTEN PERMISSION FROM Insight Software, LLC.. Insight Software, LLC. RESERVES THE RIGHT TO REVOKE THE ABOVE DISTRIBUTION RIGHTS AT ANY TIME, FOR ANY OR NO REASON.

THIS SOFTWARE, AND ALL ACCOMPANYING FILES, DATA AND MATERIALS, ARE DISTRIBUTED "AS IS" AND WITH NO WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. The user must assume the entire risk of using the program. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THE AGREEMENT. IN NO EVENT SHALL Insight Software, LLC., OR ITS PRINCIPALS, SHAREHOLDERS, OFFICERS, EMPLOYEES, AFFILIATES, CONTRACTORS, SUBSIDIARIES, OR PARENT ORGANIZATIONS, BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES WHATSOEVER RELATING TO THE USE OF MY VISION EXPRESS, OR YOUR RELATIONSHIP WITH Insight Software, LLC.

IN NO EVENT SHALL THE LICENSOR’S LIABILITY FOR ANY CLAIM ARISING IN CONNECTION WITH THIS AGREEMENT EXCEED THE TOTAL FEES AND CHARGES PAID TO THE LICENSOR BY YOU WITHIN THE LAST TWELVE (12) MONTHS.

6. DISCLAIMER OF DAMAGES

UNDER NO CIRCUMSTANCES WILL Insight Software, LLC., ITS LICENSORS OR ITS OR THEIR RELATED COMPANIES BE LIABLE TO YOU FOR ANY DIRECT, CONSEQUENTIAL, INDIRECT OR SPECIAL, PUNITIVE OR INCIDENTAL DAMAGES, WHETHER FORESEEABLE OR UNFORESEEABLE, BASED ON YOUR CLAIMS OR THE CLAIMS OF ANY THIRD PARTY, WHETHER BASED ON THIS AGREEMENT, ANY COMMITMENT PERFORMED OR UNDERTAKEN UNDER ON OR IN CONNECTION WITH THIS AGREEMENT OR OTHERWISE.

IN ADDITION, IN NO EVENT DOES Insight Software, LLC. AUTHORIZE YOU TO USE MY VISION EXPRESS IN APPLICATIONS OR SYSTEMS WHERE MY VISION EXPRESS'S FAILURE TO PERFORM CAN REASONABLY BE EXPECTED TO RESULT IN A SIGNIFICANT PHYSICAL INJURY, OR IN LOSS OF LIFE. ANY SUCH USE BY YOU IS ENTIRELY AT YOUR OWN RISK, AND YOU AGREE TO HOLD Insight Software, LLC. HARMLESS FROM ANY CLAIMS OR LOSSES RELATING TO SUCH UNAUTHORIZED USE.

7. U.S. EXPORT RESTRICTIONS

You acknowledge that the Software is subject to export controls under the laws and regulations of the United States. In accordance with those export control laws and regulations, You certify that You are not a citizen or resident of any of the following countries: Cuba, Iran, Iraq, Libya, North Korea, Syria, Sudan or the Federal Republic of Yugoslavia (Serbia and Montenegro) (collectively "the embargoed countries"). You agree that You will not export, re-export, transfer, divert, make available or provide access to any of the Software: (i) to any such embargoed country; (ii) to any citizen or resident of an embargoed country, or to any entity, wherever located that is owned or controlled by the government of an embargoed country; (iii) to any person or firm on the U.S. Government's Denied Parties List; or (iv) to any person, firm or other entity that is engaged in the design, development, production, stockpiling or use of nuclear, chemical or biological weapons, or missiles.

8. RESTRICTED RIGHTS.

The Software is provided with restricted rights. Use, duplication or

disclosure by the government is subject to restrictions as set forth in

subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer

Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software-Restricted Rights at 48 CFR 52.227-19, as applicable. Manufacturer is Insight Software, LLC., P.O Box 835035, Miami, Florida 33283-5035 USA

9. USE OF THIRD PARTY SOFTWARE.

INCLUDED THIRD PARTY SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.

10. MISCELLANEOUS

You and Insight Software, LLC. are independent parties. Nothing in this Agreement shall be construed as making You an employee, agent or legal representative of Insight Software, LLC.. This Agreement may be terminated by Insight Software, LLC. at any time upon notice to You and will automatically terminate upon the earlier of the completion of Your evaluation of the Software or the evaluation period. Upon termination, You agree to promptly de-install and delete all copies of the Software in Your possession and discontinue any further use of the Software. The parties' rights and obligations under Sections 2, 3, 4, 5 and 8 will survive the termination of this Agreement. This Agreement will be governed by the laws of the State of Florida, excluding its conflict of law rules. You hereby consent to the exclusive jurisdiction of the courts in and for Florida for the resolution of any dispute arising out of or related to this Agreement. This Agreement constitutes the complete and entire statement of all terms, conditions and representations of the agreement between You and Insight Software, LLC. with respect to the Software.

B. FULL LICENSED SOFTWARE

LICENSE GRANT

"You" means the person or company who is being licensed to use the Software or Documentation. "We," "us" and "our" means Insight Software, LLC.

We hereby grant you a non-exclusive, non-transferable license to use the Software for the number of users in one location specified in the written order between You and us and in accordance with the instructions contained in our documentation. If you need to install the software to other locations of your company you need to purchase additional licenses. If the Software is permanently installed on the hard disk or other storage device of a computer (other than a network service) and one person uses that computer more than 80% of the time, then that person may also use the Software on a portable or home computer.

You may keep one copy of the Software on a single file server only for the purposes of downloading and installing the Software onto a hard disk of up to the Permitted Number of Computers that are on the same network as the file server. The hardware platforms must be owned, leased to or under the sole control of the licensee. No other network use is permitted.

TITLE

We remain the owner of all right, title and interest in the Software and related explanatory written materials ("Documentation"). You shall not take any action inconsistent with such title. The SOFTWARE is protected by United States, Canadian and other applicable laws and by international treaty provisions. Therefore, You must treat the SOFTWARE and our documentation like any other copyrighted material.

ARCHIVAL OR BACKUP COPIES

You may copy the Software for back-up and archival purposes, provided that the original and each copy is kept in your possession and that your installation and use of the Software does not exceed that allowed in the "License Grant" section above.

THINGS YOU MAY NOT DO

The Software and Documentation are protected by United States copyright laws and international treaties. You must treat the Software and Documentation like any other copyrighted material--for example a book.

You may not:

Copy the Documentation,

Copy the Software except to make archival or backup copies as provided above

Modify or adapt the Software or merge it into another program,

Reverse engineer, disassemble, decompile or make any attempt to discover the source code of the Software,

Use the Software in a server based application,

Place the Software onto a server so that it is accessible via a public network such as the Internet,

Sublicense, rent, lease, sell, transfer or lend any portion of the Software or Documentation

REQUIRED ACTIVATION

There are technological measures in this Software that are designed to prevent unlicensed or illegal use of the Software. You agree that Insight Software, LLC may use these measures to protect Insight Software, LLC against software piracy. This Software may contain enforcement technology that limits the ability to install and uninstall the Software on a computer to not more than a finite number of times for a finite number of computers. This License and the Software containing enforcement technology require activation as further set forth in the documentation. The Software will only operate for a finite period of time prior to Software activation by You. During activation, You will provide Your unique product key accompanying the Software and computer configuration in the form of an alphanumeric code over the Internet to verify the authenticity of the Software. If You do not complete the activation within the finite period of time set forth in the documentation, or as prompted by the Software, the Software will cease to function until activation is complete, which will restore Software functionality. In the event that You are not able to activate the Software over the Internet, or through any other method specified during the activation process, You may contact Insight Software, LLC Customer Support using the information provided by Insight Software, LLC during activation, or as may be set forth in the documentation.

The Program, Documentation and all copies thereof are owned by Insight Software, LLC. or their respective suppliers and are protected by copyright and/or trade secret laws and international treaty provisions. You acquire only the non-exclusive right to Use the Program as permitted herein, and do not acquire any rights of ownership in the Program. Any and all rights and licenses in and to the Program not expressly granted herein are reserved by Insight Software, LLC.

SUPPORT

This Agreement does not entitle you to any support service or Updates. Updates must be separately licensed unless you have purchased a support plan that entitles you to Updates. Updates shall, upon installation, replace earlier versions and shall be governed by this Agreement. Unauthorized installation of updates may lock the program. You may purchase support at the rates described in Insight Software, LLC.’s then current price list for as long as Insight Software, LLC. offers Support for the Program. If you purchase a support plan, Insight Software, LLC. will provide you with the level of support service corresponding to the fees paid in accordance with Insight Software, LLC.’s then current support plan descriptions. Insight Software, LLC. shall have no obligation to provide support services with respect to: (1) and Program Used on any computer system other than the specified Machine and operating system; or (2) any version of the Program modified by persons other than Insight Software, LLC. Insight Software, LLC. reserves the right to make corrections only to the most currently generally available version of the Program. Provided that you are then subscribing to a support plan which entitles you to Updates and are current in your payment of support fees, you may transfer a Program to a different Machine or operating system subject to Insight Software, LLC. transfer policies and payment of all applicable fees, as specified in Insight Software, LLC. then current price list. Support renewals for program’s with no support or expired support are subject to Insight Software, LLC.’s then current reinstatement fees.

During the term of this Agreement, the Licensor shall provide a telephone hot-line that allows you to report problems and seek assistance in use of the Licensed Program during the hours between 9:00 a.m. and 6:00 p.m. Eastern Time on the days Monday through Friday, excluding regularly scheduled holidays of the Licensor. Support will be provided to the installation site indicated Exhibit A. All support-related calls must be made from that site. The support desk shall not be responsible for the set-up, training or maintenance of any computer hardware including, but not limited to networks, system configurations, back-up systems, and modems. Support provided at any time outside the hours stated above will come at an additional hourly fee as outlined in the Fees section of this License Agreement . Further, configuration and transferring of data from the “Original Server Machine” to a “New Server Machine” is not covered under the support plan due to the fact that it involves “Set-up” and “Network Configurations” which as stated above are not covered under support. The service of “Switching Server Machines” can be provided at an additional cost outlined in the Fees section of this License Agreement.

(a) The Licensor shall use reasonable efforts to correct reported errors in the Licensed Program (i.e., failure to materially conform with the Licensor’s description of the Licensed Program) which the Licensor is able to reproduce on its equipment and which do not result from your misuse or improper use of the Licensed Program.

(b) The Licensor shall not be responsible for correcting errors in superseded versions of the Licensed Program for more than sixty (60) days after the availability of the most recently revised version of the Program.

FEES

License and support fees for the Program are due and payable to Insight Software, LLC. within 30 days after the invoice date if you have acquired the Program directly from Insight Software, LLC.; otherwise such fees are due and payable in accordance with the reseller’s policies. You shall pay all applicable shipping and handling charges, and sales, use, value added, personal property, or similar taxes, tariffs or governmental charges, exclusive of those based upon Insight Software, LLC.’s or its reseller’s income and corporate franchise taxes.

Our support and maintenance plan covers support Mon.-Fri. 9am-6pm EST. However, customers in need of after-hours support will be provide this support on a hourly basis at $200/hr, with a minimum of 1 hour, paid incrementally on a hourly basis.

Customer in need of networking, firewall, anti-virus, or printer problems will be charged a flat fee of $95.

Customer in need of “Switching Server Machines” will be charged a flat fee of $195.

LIMITED WARRANTY

We warrant that for a period of 90 of days after delivery of this copy of the Software to you:

The media on which this copy of the Software is provided to you will be free from defects in materials and workmanship under normal use, and the Software will perform in substantial accordance with the Documentation.

To the extent permitted by applicable law, THE FOREGOING LIMITED WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, AND WE DISCLAIM ANY AND ALL IMPLIED WARRANTIES OR CONDITIONS, INCLUDING ANY IMPLIED WARRANTY OF TITLE, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, regardless of whether we know or had reason to know of your particular needs. No employee, agent, dealer or distributor of ours is authorized to modify this limited warranty, nor to make any additional warranties.

SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. MY VISION EXPRESS WARRANTIES EXTEND SOLELY TO YOU, THE ORIGINAL LICENSEE.

INSIGHT SOFTWARE, LLC. DISCLAIMS ALL OTHER WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, ACCURACY OF INFORMATIONAL CONTENT, FITNESS FOR A PARTICULAR PURPOSE, AND CONDITIONS OF MERCHANTABLE QUALITY, WHETHER ARISING BY STATUTE OR IN LAW OR AS A RESULT OF A COURSE OF DEALING OR USAGE OF TRADE, WITH RESPECT TO THE PROGRAM, DOCUMENTATION, SUPPORT OR OTHER SERVICES RELATED TO THE PROGRAM. NO WARRANTY IS MADE REGARDING THE RESULTS TO BE OBTAINED FROM ANY PROGRAM OR SERVICES, THAT THE PROGRAM WILL BE ERROR FREE, THAT ALL ERRORS IN THE PROGRAM WILL BE CORRECTED, OR THAT THE PROGRAM’S FUNCTIONALITY WILL MEET YOUR REQUIREMENTS. YOU ACKNOWLEDGE YOUR RESPONSIBILITY TO (a) REGULARLY BACK UP DATA, AND (b) ADEQUATELY TEST PROGRAM PRIOR TO DEPLOYMENT.

LIMITED REMEDY

Our entire liability and your exclusive remedy for breach of the foregoing warranty shall be, at our option, to either:

return the price you paid, or repair or replace the Software or media that does not meet the foregoing warranty if it is returned to us with a copy of your receipt.

Insight Software, LLC. LICENSORS SHALL NOT BE LIABLE FOR DIRECT DAMAGES. NIETHER Insight Software, LLC. , NOR ANY OF ITS LICENSORS SHALL BE LIABLE FOR ANY LOSS OR INACCURACY OF DATA, LOSS OF PROFITS, OR OTHER INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, WHETHER BASED ON CONTRACT, TORT OR OTHER LEGAL THEORY, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Insight Software, LLC.’S TOTAL LIABILITY, IF ANY, ARISING OUT OF THIS AGREEMENT OR YOUR USE OF THE PROGRAM OR RELATED SERVICES SHALL NOT EXCEED THE LICENSE OR SERVICE FEES PAID FOR THE PROGRAM OR SERVICES GIVING RISE TO THE CLAIM. THE FOREGOING RESTRICTIONS, DISCLAIMERS AND LIMITATIONS SHALL REMAIN IN FORCE EVEN IN THE EVENT OF A FUNDAMENTAL BREACH BY Insight Software, LLC. OR A BREACH BY Insight Software, LLC. OF A CONDITION OT FUNDAMENTAL TERM HEREUNDER. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

HIGH RISK ACTIVITIES

The Program is not fault-tolerant and is not designed, manufactured or intended for use or resale in the on-line control of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines, or weapon systems, in which the failure of the Program could lead directly to death, personal injury, or severe physical or environmental damage, and Insight Software, LLC. and its suppliers specifically disclaim any express or implied warranty of fitness for such purposes.

TERM AND TERMINATION

This license agreement takes effect upon your use of the software and remains effective until terminated. You may terminate it at any time by destroying all copies of the Software and Documentation in your possession. It will also automatically terminate if you fail to comply with any term or condition of this license agreement. You agree on termination of this license to destroy all copies of the Software and Documentation in your possession.

CONFIDENTIALITY

The Software contains trade secrets and proprietary know-how that belong to us and it is being made available to you in strict confidence. ANY USE OR DISCLOSURE OF THE SOFTWARE, OR OF ITS ALGORITHMS, PROTOCOLS OR INTERFACES, OTHER THAN IN STRICT ACCORDANCE WITH THIS LICENSE AGREEMENT, MAY BE ACTIONABLE AS A VIOLATION OF OUR TRADE SECRET RIGHTS.

GENERAL PROVISIONS

1. This written license agreement is the exclusive agreement between you and us concerning the Software and Documentation and supersedes any prior purchase order, communication, advertising or representation concerning the Software.

2. This license agreement may be modified only by a writing signed by you and us.

3. In the event of litigation between you and us concerning the Software or Documentation, the prevailing party in the litigation will be entitled to recover attorney fees and expenses from the other party.

4. This license agreement is governed by the laws of the state of Florida.

5. You agree that the Software will not be shipped, transferred or exported into any country or used in any manner prohibited by the United States Export Administration Act or any other export laws, restrictions or regulations.

This Agreement is the complete statement of the Agreement between the parties on the subject matter, and merges and supersedes all other or prior understandings, purchase orders, agreements and arrangements. This Agreement shall be governed by the laws of the state of Florida, United States. Exclusive jurisdiction and venue for all matters relating to this Agreement shall be in courts and located in the State of Florida, United States and you consent to such jurisdiction and venue.

All rights of any kind in My Vision Express which are not expressly granted in this License are entirely and exclusively reserved to and by Insight Software, LLC. You may not rent, lease, modify, translate, transfer, reverse engineer, decompile, disassemble or create derivative works based on My Vision Express. You may not make access to My Vision Express available to others in connection with a service bureau, application service provider, or similar business. There are no third party beneficiaries of any promises, obligations or representations made by Insight Software, LLC. herein.