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XT Software END USER LICENCE AGREEMENT energyXT License Agreement Copyright 2006-2008 XT Software AS Company website:

.com Email: END USER LICENSE AGREEMENT PLEASE READ THE TERMS AND CONDITIONS OF THIS LICENSE CAREFULLY. YOU ARE NOT ENTI TLED TO USE THE SOFTWARE UNLESS YOU ACCEPT THIS LICENSE IN ITS ENTIRETY. BY INSTALLING, COPYING, DOWNLOADING, ACCESSING OR OTHERWISE USING THE SOFTWARE ( AS DEFINED BELOW), YOU ARE CONSENTING TO BE BOUND BY AND ARE BECOMING THE LICENS EE TO THIS LICENSE AGREEMENT. 1. DEFINITIONS In this license, the following words shall have the meaning set out below: a) EnergyXT shall mean the Software combined with an individual license key, which gives you access to the full version of the Software. The Software may be upgraded to EnergyXT by purchasing a license through Licensor s webpage, in which case you will be provided with an individual license key. b) Licensee or you shall mean the person agreeing to this license by executing the deeds of acceptance as set out above. c) Licensor shall mean XT Software AS, Gaustadallen 21, N-0349 Oslo, Norway. d) Software shall mean the accompanying software product EnergyXT including any electronic documentation and associated material, as well as any video, audio, images, graphics, animations, text, databases and other material included in or relating to the software product, and including any updates or new releases of t he same, as Licensor may choose to make available to you at any time. You may ha ve been provided with several versions of the software product for different ope ration systems and/or languages, however all such versions shall be deemed as th e same version and copy for the purposes of this License. e) Use shall mean the operation and utilization of the Software and include u tilization of the Software by copying, transmitting or loading the same into the permanent memory (e.g. hard disk, CD-ROM or other storage device) of a computer system for the processing of the instructions or statements contained in such S oftware. 2. GRANT OF LICENSE Licensor grants you a non-exclusive, non-transferable License as set out below: a) The purpose of this license is to let you experience the benefits of Ene rgyXT by trying out limited functionalities of EnergyXT, and to facilitate your decision-making process with regards to acquiring EnergyXT. If you choose to pur chase a license to EnergyXT you will unlock the full functionality of EnergyXT w hich you can then use for any purpose (always subject to the limitations of this license and applicable laws). b) You may use the Software on different computers, provided that the Softw are may never be shared or used at the same time on different clients or compute rs, or by others than you and other members of your household. c) You may only use upgrades or updates to the Software to replace a validl y licensed version of the same software. You agree that the upgrade or update do es not constitute the granting of a second license to the Software (i.e., you ma y not use the upgrade or update in addition to the software it is replacing, nor may you transfer the software which is being replaced to a third party). 3. YOUR OBLIGATIONS Upon accepting this License you agree, represent, warrant and undertake: a) to only use the Software in accordance with this License; and b) not to reproduce or copy the Software other than to the extent explicitl

y set out herein, nor to modify, disassemble, decompile or reverse engineer, or create derivative works of or from the Software (all subject to applicable law r ights); and c) to include the copyright notice of the Licensor as it appears in or on t he Software on all copies; and e) to maintain accurate and up-to-date records of the number and location o f all copies of the Software, to supervise and control use of the Software in ac cordance with the terms of this License, and not provide or otherwise make avail able the Software to any person other than as specified herein without prior wri tten consent from the Licensor; and f) to ensure that any other persons who will use the Software (always subje ct to the limitations of this license) are notified of this license and the term s hereof prior to such person using the Software; and g) not to sell lease, rent, loan, distribute, sub-lease, sub-license or mak e available the Software, the serial number, or any license key available to any others than your at all times current household (always subject to the limitati ons of this license); and h) not to use, make, or cause to be made any circumvention devices designed to bypass or render ineffective any digital rights management systems and/or te chnical protection measures in the Software; and i) not to display, distribute or make available the Software, the serial nu mber, any license key, or any circumvention devices for the Software on a public bulletin board, ftp site, worldwide web site, chat room or by any other unautho rized means. 4. NO TRANSFER OF ANY INTELLECTUAL PROPERTY RIGHTS You accept and acknowledge that the Software is licensed, not sold, to you, and that all copyright, trademarks and other intellectual property rights subsisting in or used in connection with the Software are and shall remain the sole proper ty of the Licensor or its licensors. 5. WARRANTY DISCLAIMER THE SOFTWARE IS PROVIDED AS IS WITHOUT ANY WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. THE LICENSOR DOES NOT WARRANT THAT THE SOFTWARE WILL BE ERROR-FREE OR THAT ERRORS WILL BE CORRECT ED. The Licensor may choose to create upgrades or updates to the Software which may correct errors or change the functionality of the Software. Any updates or upgra des will be made available through such means of distribution as Licensor decide s in its sole discretion, and the Licensor shall have no obligation to notify yo u of any updates or upgrades, nor to provide you with or make any upgrades avail able to you. Exclusion of warranties may not be valid in certain jurisdictions; however, the only applicable laws under which this license may be construed are specified in clause 9 below. 6. LIMITATION OF LIABILITY THE LICENSOR SHALL NOT BE LIABLE TO YOU OR TO ANY OTHER MAGE WHATSOEVER OR HOWSOEVER CAUSED ARISING DIRECTLY OR WITH THIS LICENSE, THE SOFTWARE, ITS USE OR OTHERWISE, T SUCH LIABILITY MAY NOT BE LAWFULLY EXCLUDED UNDER THE PARTY FOR ANY LOSS OR DA INDIRECTLY IN CONNECTION EXCEPT TO THE EXTENT THA APPLICABLE LAW.


IN THE EVENT THE LICENSOR INCURS ANY LIABILITY WHATSOEVER, SUCH LIABILITY IS LIM ITED TO THE LICENSE FEE PAID BY YOU. 7. TERMINATION You may terminate this license at any time by destroying the Software, the seria l number, any license key and all copies thereof. No license fee or other cost i s refundable for whatever reason, except if required by mandatory provisions of applicable law. The Licensor may terminate this license at any time if you are f ound in breach of any of these terms. If you are notified of such termination, y ou must destroy the Software, the serial number, any licence key(s) and all copi es. 8. SURVIVAL OF TERMS If any provision of this Agreement should be held invalid or unenforceable, it s hall be ineffective only to the extent of such invalidity or unenforceability, a nd without affecting the remaining provisions hereof in any way. No notice or correspondence from you, however communicated, in whatever form, an d for whatever purpose, shall constitute an amendment or addition to this licens e, nor shall Licensor s failure or neglect to respond to any notice or corresponde nce from you be deemed a waiver of any of Licensor s rights hereunder. 9. GOVERNING LAW AND JURISDICTION This license shall be construed in accordance with the European Commission's Dir ectives and WIPO Treaties on Computer Programs, Copyright and Intellectual Prope rty Rights. This license shall be subject to the laws of Norway and the exclusive jurisdicti on of the courts of Norway, without giving effect to any principals of conflicts of law provision (of that of any other jurisdiction) that would cause the appli cation of laws of any jurisdiction other than Norway. You agree that the applica tion of the United Nations Convention On Contracts For The International Sale Of Goods 1980 (CISG), shall be expressly excluded from application. In terms of the enforceability of this license, this license shall be deemed to be in writing and accepted by both parties.