END USER LICENSE AGREEMENT End User acknowledges that End User's use of the Software is limited to the scope of the license granted under this End User License Agreement and that this End User License Agreement does not permit End User to otherwise use, reproduce or distribute the Software except as expressly provided herein. End User acknowledges that the Software and its structure, organization, and source code constitute valuable trade secrets of Licensee and its licensors. Except as may be expressly set forth in this Agreement, End User shall not, and shall not permit any party to: (a) install, use or distribute the Software; (b) modify, adapt, alter, translate, or create derivative works from the Software; (c) merge the Software with other software; (d) sublicense, distribute, sell, use for service bureau use, lease, rent, loan, or otherwise transfer the Software to any third party; (e) reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code for the Software or Generated Proxy Classes; (f) remove, alter, or obscure any proprietary notices (including copyright notices) of Licensee or its licensors from the Software; (g) disclose or publish performance benchmark results for the Software; (h) use Licensee's or any of its licensors' names, logos, or trademarks to market End User's Works, except to state descriptively that End User's Work was written using the Software; or (i) otherwise reproduce, display or copy the Software. End User must reproduce and include the all copyright notices and any other proprietary notices that appear on the original Software on any copies made in accordance with this Agreement. End User acknowledges that the Software is protected by U.S. Copyright Law and international treaty and that unauthorized reproduction or distribution is subject to civil and criminal penalties. The Software is licensed, not sold, to End User for use solely under the terms of this End User License Agreement. As between Licensee and End User, the Software, and all worldwide copyrights and other intellectual property rights therein, are and shall remain the exclusive property of Licensee and its licensors. End User shall have no right, title, or interest (whether by implication, estoppel, or otherwise) in or to the Software or any intellectual property rights therein. Licensee and its licensors reserve all rights not expressly granted to End User. End User may own the media, if any, onto which the Software is downloaded but, as between End User and Licensee, Licensee and its licensors retain ownership of all copies of the Software itself. End User may retain all ownership to those portions of the works that do not contain, or are not comprised of, the Software or any portion or component thereof. End User may own all Generated Proxy Classes; however, End User shall not, nor shall it permit any party to, reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code from the Generated Proxy Classes in any form. End User shall never challenge or contest Licensee's and its licensors' ownership of the Software. The Software, including the Runtime Components, may include certain third party software. Use of such third-party software may be conditioned upon agreement by End User to a separate license agreement with such third party. The terms and conditions of any such agreement are in addition to and not in lieu of the terms and conditions of this Agreement. Any support, maintenance, or update of such third party software shall be the sole responsibility of such third party and Licensee and its licensors expressly disclaims any responsibility therefor. End User should refer to the documentation, including any "readme" files provided with the Software, for specific information regarding included third party software. The Software is a "commercial item" as that term is defined at FAR 2.101 (Oct 1995), consisting of "commercial computer software" and "commercial computer software documentation" as such terms are used in 48 C.F.R. 12.212 (Sep 1995) and is provided to the U.S. Government only as a commercial end item. Consistent with FAR. 12.212 and DFARS 227.7202 (Jun 1995), all U.S. Government End Users acquire the Software with only those rights set forth herein. The Software is subject to U.S. export control laws and may be subject to export or import regulations in other countries. End User agrees to strictly comply with all such laws and regulations and acknowledges that it has the responsibility to obtain such licenses to export, re-export, or import as may be required. End User may not directly or indirectly transfer the Software, including its Documentation, to any country if such transfer would be prohibited by applicable law, including the U.S. Export Administration Act and the regulations issued thereunder. End User agrees to the foregoing and End User represents and warrants that it is not located in, under the control of, or a national or resident of any such country. The Software is not intended for use in connection with any application requiring fail-safe performance, such as the operation of nuclear power facilities, air traffic control or navigation systems, weapons control systems, life support systems, or any other system whose failure could lead to injury, death, environmental damage or mass destruction. End User agrees that Licensee and its licensors will have no liability of any nature, and End User is solely responsible, for any expense, loss, injury or damage incurred as a result of such use of the Software. End User shall indemnify, defend, and hold harmless Licensee and its officers, directors, employees, representatives, agents and licensors (collectively, "Licensee Indemnitees") from and against any claim or action brought against, or any damage, loss or liability suffered by, any Licensee Indemnitees, and End User shall pay all settlements entered into and damages awarded against any Licensee Indemnitee(s) (including reasonable attorneys' fees), arising from or relating to: (i) any breach by End User of the End User License Agreement; (ii) the use, procurement, reproduction or distribution of End User's works or the Distributed Components by End User or End User's distributors or customers.