TEKTRONIX SOFTWARE LICENSE AGREEMENT (Analysis and Connectivity Software) THE ENCLOSED OR ACCOMPANYING PROGRAM IS FURNISHED SUBJECT TO THE TERMS AND CONDITIONS OF THIS AGREEMENT. USE OF THE PROGRAM IN ANY MANNER, DOWNLOADING AND UNPACKING THE PROGRAM FROM ITS COMPRESSED STATE OR INSTALLING THE PROGRAM FROM A CD WILL BE CONSIDERED ACCEPTANCE OF THE AGREEMENT TERMS. IF THESE TERMS ARE NOT ACCEPTABLE, THE UNUSED PROGRAM AND ANY ACCOMPANYING DOCUMENTATION SHOULD BE RETURNED PROMPTLY TO TEKTRONIX FOR A REFUND OF ANY LICENSE FEE PAID FOR THE PROGRAM. DEFINITIONS. "Program" means the software program accompanying this Agreement. "Customer" means the person or organization that downloaded the Program or to whom the Program was otherwise furnished by Tektronix. LICENSE. Customer may: a. Use the Program on any machine owned or controlled by Customer solely for use with instruments manufactured or marketed by Tektronix; b. Copy the Program for archival or backup purposes, provided that no more than one (1) such copy is permitted to exist at any one time, and provided each copy of the Program made by Customer includes a reproduction of any copyright notice or restrictive rights legend appearing in or on the Program as received from Tektronix. Customer may not: a. Use the Program in any manner other than as provided above; b. Transfer the Program to any person or organization outside of Customer or the corporation of which Customer is a part without the prior written consent of Tektronix; c. Export or re-export, directly or indirectly, the Program, any associated documentation, or the direct product thereof, to any country to which such export or re-export is restricted by law or regulation of the United States or any foreign government having jurisdiction without obtaining any required U.S. and other government license, authorization or approval; d. Reverse engineer, disassemble, decompile or otherwise reduce the Program to a human-perceivable form; e. Modify, rent, lease, loan or distribute the Program or create derivative works based on the Program; or f. Copy the documentation accompanying the Program. Title to the Program and all copies thereof, but not the media on which the Program or copies may reside, shall be and remain with Tektronix or others from whom Tektronix has obtained a respective licensing right. Customer shall pay when due all property taxes that may now or hereafter be imposed, levied or assessed with respect to the possession or use of the Program or this license and shall file all reports required in connection with such taxes. THE PROGRAM MAY NOT BE USED, COPIED, MODIFIED, MERGED, OR TRANSFERRED TO ANOTHER EXCEPT AS EXPRESSLY PERMITTED BY THESE TERMS AND CONDITIONS. UPON TRANSFER OF ANY COPY, MODIFICATION, OR MERGED PORTION OF THE PROGRAM WITHOUT THE PRIOR WRITTEN CONSENT OF TEKTRONIX, THE LICENSE GRANTED HEREIN IS AUTOMATICALLY TERMINATED. TEKTRONIX DISCLAIMS ANY AND ALL LIABILITY AND RESPONSIBILITY WITH RESPECT TO ANY APPLICATION PROGRAMS CUSTOMER MAY DEVELOP USING THE PROGRAM. TERM. The license granted herein is effective upon acceptance by Customer, and shall remain in effect until terminated as provided herein. The license may be terminated by Customer at any time upon written notice to Tektronix. The license may be terminated by Tektronix or any third party from whom Tektronix may have obtained a respective licensing right if Customer fails to comply with any term or condition and such failure is not remedied within thirty (30) days after notice thereof from Tektronix or such third party. Upon termination by either party, Customer shall return to Tektronix, or destroy, the Program and all associated documentation, together with all copies in any form. LIMITED WARRANTY. Tektronix warrants that the media on which the Program is furnished and the encoding of the Program on the media will be free from defects in materials and workmanship for a period of three (3) months from the date of shipment. If any such medium or encoding proves defective during the warranty period, Tektronix will provide a replacement in exchange for the defective medium. Except as to the media on which the Program is furnished, the Program is provided "as is" without warranty of any kind, either express or implied. Tektronix does not warrant that the functions contained in the Program will meet Customer's requirements or that the operation of the Program will be uninterrupted or error-free. In order to obtain service under this warranty, Customer must notify Tektronix of the defect before the expiration of the warranty period. If Tektronix is unable to provide a replacement that is free from defects in materials and workmanship within a reasonable time thereafter, Customer may terminate the license for the Program and return the Program and any associated materials for credit or refund. THIS WARRANTY IS GIVEN BY TEKTRONIX WITH RESPECT TO THE PROGRAM IN LIEU OF ANY OTHER WARRANTIES, EXPRESS OR IMPLIED. TEKTRONIX AND ITS VENDORS DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. TEKTRONIX' RESPONSIBILITY TO REPLACE DEFECTIVE MEDIA OR REFUND CUSTOMER'S PAYMENT IS THE SOLE AND EXCLUSIVE REMEDY PROVIDED TO CUSTOMER FOR BREACH OF THIS WARRANTY. LIMITATION OF LIABILITY. IN NO EVENT SHALL TEKTRONIX, ITS RESELLERS OR OTHERS FROM WHOM TEKTRONIX HAS OBTAINED A LICENSING RIGHT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR CONNECTED WITH CUSTOMER'S POSSESSION OR USE OF THE PROGRAM, EVEN IF TEKTRONIX OR ITS LICENSORS OR RESELLERS HAVE ADVANCE NOTICE OF THE POSSIBILITY OF SUCH DAMAGES. THIRD-PARTY DISCLAIMER. Except as expressly agreed otherwise, third parties from whom Tektronix may have obtained a licensing right do not warrant the Program, do not assume any liability with respect to its use, and do not undertake to furnish any support or information relating thereto. GENERAL. This Agreement contains the entire agreement between the parties with respect to the use, reproduction, and transfer of the Program. Neither this Agreement nor the license granted herein is assignable or transferable by Customer without the prior written consent of Tektronix. All questions regarding this Agreement or the license granted herein should be directed to the nearest Tektronix office.