EGUMPP END-USER SOFTWARE LICENSE AGREEMENT

BEFORE CONTINUING, READ THE FOLLOWING AGREEMENT AND LICENSE CAREFULLY.

THE FOLLOWING DESCRIBES THE TERMS ON WHICH SAFRAN PUBLISHING COMPANY (“SAFRAN”) OFFERS YOU ACCESS TO OUR SOFTWARE. BY PRESSING THE “I AGREE” BUTTON, YOU ACCEPT THE TERMS AND CONDITIONS BELOW.

YOU SHOULD CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS BEFORE ACCEPTING. INSTALLING THIS SOFTWARE, AND PRESSING THE “I AGREE” BUTTON, MEANS YOU ACCEPT THESE TERMS AND CONDITIONS. IF YOU DO NOT ACCEPT THE TERMS OF THIS AGREEMENT, PRESS “CANCEL”.

Grant of License.

Safran provides the EGUMPP software program (the “Software Program”) and licenses the use of the Software Program to registered users only. As a registered user you may:

(i) use the Software Program on your [school’s] computer network or on a single home computer for your own lawful use;

(ii) copy the Software Program into any machine-readable or printed form for backup purposes only in support of your use of the software program on the [school’s] computer network or your single home computer. Any such copy(ies) made by you shall be subject to this Agreement, and shall contain all of Safran’s notices regarding copyrights, trademarks and other proprietary rights as contained in the Software Program originally provided to you. You may not remove any copyright, trademark, proprietary rights, disclaimer or warning notices in or embedded in any part of the Software Program or in any copy you make of the Software Program.

You may not:

(i) modify the Software Program, reverse engineer, reverse compile, merge it into another software program, develop derivative works of the Software Program, or otherwise translate or decipher the Software Program without the prior written consent of Safran;

(ii) sell, license, sublicense, lend, rent, lease or otherwise transfer the Software Program or license to another party without the prior written consent of Safran;

(iii) copy the Software Program or permit others to copy the Software Program, except for backup or archival purposes, as described above; or

(iv) violate any applicable law, school policy, or terms of the License Agreement between your school and SPC.

Your violation of any of the above terms shall terminate your rights to use the Software Program.

Ownership of Software.

Safran owns all title and proprietary rights in and to the Software Program and all copies thereof, all of which contain valuable trade secrets belonging to Safran. The license granted to you in this Agreement is NOT the sale of the Software Program or any copy of it, nor a waiver of Safran’s rights under the United States copyright laws or any other federal, state or other applicable laws.

Ownership of Accessed Content.

All title, ownership rights, and proprietary rights in and to the information and other content accessed, indexed and/or downloaded from the Internet and World Wide Web sites by operation of the Software Program (collectively, “Content”) is the property of the applicable Content owner, including, without limitation, Safran, its affiliates, and any Internet or Web site Content providers. The license granted to you in this Agreement gives you no ownership or similar rights with respect to any such Content.

Information Submitted by You

Any material, information or idea you input into the Software Program while using it may be accessed by your [school] and by Safran. This information is used to tabulate your score and evaluate your performance in completing the tasks provided in the Software Program. Any access to this information by your [school] or its personnel is subject to the [school’s] policy regarding the confidentiality of student information, and Safran makes no representations regarding the confidentiality of such information in the [school’s] possession. Any information accessed by Safran in tabulating your scores shall be treated as confidential and proprietary, and may not be disseminated or used by Safran for any purpose whatsoever; provided, however, that Safran may (i) share your tabulated scores with your [school/teacher], or (ii) aggregate your scores with those of other students using the Software Program to calculate aggregate performance improvement information that will allow Safran to evaluate the Software Program’s usefulness and improve later versions of the Software Program. When Safran uses your information to generate aggregated scoring information, Safran will only use your score in doing so, and your name or other identifiable information will not be used for such purposes.

COPYRIGHT NOTICE.

YOU MAY NOT USE, COPY, MODIFY, OR TRANSFER THE SOFTWARE PROGRAM AND ANY RELATED WRITTEN MATERIALS, OR ANY COPY, MODIFICATION OR MERGED PORTION OF THE SOFTWARE PROGRAM AND WRITTEN MATERIALS, IN WHOLE OR IN PART, EXCEPT AS EXPRESSLY PROVIDED FOR IN THIS LICENSE.

IF YOU TRANSFER POSSESSION OF ANY COPY, MODIFICATION, OR MERGED PORTION OF THE SOFTWARE PROGRAM OR RELATED WRITTEN MATERIALS TO ANOTHER PARTY, YOUR LICENSE IS AUTOMATICALLY TERMINATED.

Term.

The License Agreement is effective until terminated. You may terminate it at any time by returning or destroying the Software Program together with all copies. It will also terminate upon conditions set forth elsewhere in the Agreement or if you infringe any Safran copyright or any other intellectual property right or fail to comply with any term or condition of this Agreement; you agree upon such termination to destroy the Software Program together with all copies.

NO WARRANTY.

THIS SOFTWARE PRODUCT IS PROVIDED FOR NO CHARGE ON AN "AS IS" BASIS, AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTY OF TITLE, WARRANTIES OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, NON-INFRINGEMENT, AND WARRANTIES AS TO ACCURACY, COMPLETENESS OR CURRENTNESS WITH RESPECT TO THE SOFTWARE PROGRAM AND/OR ANY RELATED SERVICES OR ITEMS OFFERED, INCLUDING, WITHOUT LIMITATION, ANY END-USER SUPPORT SERVICES THAT MAY BE OFFERED, AND ANY CONTENT THAT MAY BE ACCESSED, INDEXED AND/OR DOWNLOADED BY OPERATION OF THE SOFTWARE. SAFRAN DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE PROGRAM WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE PROGRAM IS WITH YOU. SHOULD THE SOFTWARE PROGRAM PROVE DEFECTIVE, YOU (AND NOT SAFRAN OR ANY AUTHORIZED REPRESENTATIVE) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.

LIMITATIONS ON LIABILITY.

IN NO EVENT WILL SAFRAN BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DAMAGES OF ANY KIND OR NATURE, WHETHER ARISING IN CONTRACT, TORT OR OTHERWISE, INCLUDING BUT NOT LIMITED TO, ANY LOST PROFITS, LOST SAVINGS, COMPUTER FAILURE OR MALFUNCTION, LOST DATA OR OTHER INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE PROGRAM, EVEN IF SUCH DAMAGES ARE FORESEEABLE OR IF SAFRAN OR ITS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

UNITED STATES FEDERAL GOVERNMENT RESTRICTED RIGHTS.

If this Software is acquired by or on behalf of the U.S. Federal government, this provision applies. Use, duplication or disclosure of this Software is subject to restrictions set forth in FAR 52 227-19 and DFAR 227 7200-227 7202-1, as applicable. The Software is “commercial computer software” and is licensed with only “Restricted Rights.”

General.

This License Agreement is your proof of license to exercise the rights granted herein and must be retained by you. You may not reverse engineer, decompile, or disassemble the Software Program. You may not sublicense, assign or transfer the license or the Software Program except as expressly provided in this Agreement. Any attempt otherwise to sublicense, assign or transfer any of the rights, duties or obligations hereunder is void.

Whenever possible, each provision of this License Agreement shall be interpreted in such a manner as to be valid and effective under applicable law. If any provision is found to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this License Agreement and shall not affect the validity and the enforceability of the remaining portions of this License Agreement. This Agreement will be governed by the laws of the Commonwealth of Pennsylvania.

Should you have any questions concerning this agreement, you may contact Safran at 1605 Clugston Road, York, Pennsylvania 17404.

BY PRESSING “I AGREE”, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. YOU FURTHER AGREE THAT IT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN US, WHICH SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN US RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.