LICENSE AGREEMENT FOR CREAMTEC'S WEBCREAM SOFTWARE PRODUCT

IMPORTANT - READ CAREFULLY: This WebCream End-User License Agreement 
("License" or "Agreement") is a binding contract between you and CreamTec  ("CreamTec") for 
CreamTec's WebCream  ("Software" or "Product"), which includes computer software and may 
include related media, printed materials, and "online" or electronic documentation. Upon 
installing the software product, you agree to be bound by the terms of this License. Any 
installation or use of the WebCream Product will signify acceptance of, and your agreement to be 
bound by, this License. If you determine that you do not agree to the terms of this License, do not 
install or use the Product and if you received the product by other than electronic means, return it 
immediately to CreamTec.

CreamTec LICENSE
WebCream means the current or future CreamTec's WebCream product and any additional 
modules, if any, licensed to you from CreamTec, that are installed on computer(s) acting as 
server(s).  Additional software components may have been distributed to you along with the 
Product. Except as otherwise specifically stated in a separate license agreement provided with any 
such component, such additional components are subject to this License.  The Product is 
protected by copyright laws and international copyright treaties, as well as other intellectual 
property laws and treaties. The Product is licensed, not sold.

1. GRANT OF LICENSE. This License grants you the following perpetual, non-exclusive and 
non-transferable rights:
a) Installation and Use. Subject to the test server, back-up and disaster recovery rights stated 
elsewhere in this License, you may install the Product where the application is located based on 
the number of concurrent users per application according to purchased license restrictions. 
b) Business Use – Once installed in accordance with this License, you may use the Product only 
in the conduct of your own or your Affiliates' business and may not, directly or indirectly use the 
Product to process the work of any third party. "Affiliates" means any entity controlled by, or 
under common control with, you, the individual or entity purchasing this License.
c) Other Restrictions on Use – Your rights under this License shall not include the right to grant 
sublicenses or transfer (including transfer by rental or lease) the Product or any part thereof. Any 
attempt to grant sublicenses or transfer any rights shall be considered a breach of this Agreement. 
You may not create derivative works from, reverse engineer, decompile, or disassemble the 
Product except to the extent the foregoing restriction is expressly prohibited by applicable law. 
d) Disaster Recovery and Backup – You may maintain the Product on a separate disaster recovery 
site provided that the installation is solely for the purposes of backup and emergency use. In 
addition, after installation of the Product pursuant to this License, you may keep the original 
media on which the Product was provided solely for archival purposes or for reinstallation of the 
Product in accordance with the terms of this License. 

2. SUBSEQUENT RELEASES. A Product labeled as a subsequent release (or similar term) 
replaces and/or supplements the product originally licensed, and following the subsequent release 
you may use the resulting Product only in accordance with the terms of this License.  Such 
releases include enhancements and corrections of and modifications and additions to the Product.  
Releases also include later versions of the Product.  For the first year of this agreement and upon 
payment of the annual maintenance fee every year thereafter, you will receive for your use all 
releases issued by CreamTec.  Use of such releases will be governed by and subject to the terms 
of this Agreement relating to the reproduction and use of the Product.   

3. OWNERSHIP. The Product is licensed, not sold. Title and copyrights in and to the Product, 
accompanying printed materials, and any copies you are permitted to make herein are owned by 
CreamTec.

4. DUAL-MEDIA SOFTWARE. You may receive the Product in more than one medium. 
Regardless of the type or size of medium you receive, you may use only the medium that is 
appropriate for your hardware devices. You may not loan, rent, lease, or otherwise transfer any 
unused medium to another user.

5. EXPORT CONTROLS. You agree and certify that no technical data received from 
CreamTec, nor the direct product thereof, will be shipped, transferred or exported, directly or 
indirectly, to any country in violation of any applicable law, including the United States Export 
Administration Act and the regulations thereunder.

6. TERMINATION. You may terminate this License by destroying or returning to CreamTec 
the Product and all copies thereof.  If you fail to comply with any provisions of this Agreement, 
each of which is considered to be the essence of this Agreement, CreamTec may immediately 
terminate this Agreement if you do not pay maintenance fees when due or if you breach any 
provisions of this License and do not cure such breach within thirty days (30) of CreamTec's 
notification to you of such breach. Upon termination, you shall immediately cease use of the 
Product and, at the option of CreamTec, shall either promptly return to CreamTec all copies of 
the Product in your possession or destroy all such copies, and shall certify in writing that all such 
copies have been returned or destroyed.

7. LIMITED WARRANTY.  CreamTec has no control over the conditions under which you use 
the Product and subsequent updates and does not and cannot warrant the results obtained by such 
use.
a) LIMITED WARRANTY. In addition to warranting that it has the right to grant the license 
contained in this Agreement, CreamTec warrants that the media on which the Product is delivered 
and any user manuals to be leased under the terms of this Agreement are free of defects in 
material and workmanship under normal use for a period of thirty (30) days following shipment. 
CreamTec further warrants that the Product and any subsequent updates will perform 
substantially in accordance with the accompanying written materials such as those specifications 
found in the user manual or documentation provided in effect as of the date of this Agreement for 
a period of thirty (30) days from the date of receipt.  CreamTec does not warrant that the 
functions contained in the Product or in any subsequent update will meet your requirements or 
that operation of the Product will be uninterrupted or error free.  This Limited Warranty does not 
cover any copy of the Product or update or any user manual which has been altered or changed in 
any way, or if failure of the Product has resulted from accident, abuse, or misapplication. 
CreamTec is not responsible for problems caused by changes in or modifications to the operating 
characteristics of any computer hardware or operating system for which the Product is procured, 
nor is CreamTec responsible for problems which occur as a result of the use of the Product in 
conjunction with software or hardware which is incompatible with the Product. To the extent 
allowed by applicable law, implied warranties on the Product, if any, are limited to thirty (30) 
days. Some states/jurisdictions do not allow limitations on duration of an implied warranty, so the 
above limitation may not apply to you.
b) CUSTOMER REMEDIES. CreamTec's entire liability and your exclusive remedy shall be the 
replacement by CreamTec of any magnetic media or user manual not meeting CreamTec's 
"Limited Warranty." In addition, while in no sense warranting that the operation of the Product 
will be uninterrupted or error free, CreamTec will make best efforts to supply you with corrected 
versions of the Product through updates to correct any errors which you find in the Product during 
the warranty period and which prevent the Product from substantially performing as described in 
the accompanying written materials.  Any replacement Product will be warranted for the 
remainder of the original warranty period or thirty (30) days, whichever is longer. Outside the 
United States, neither these remedies nor any product support services offered by CreamTec are 
available without proof of purchase from an authorized source. You must notify CreamTec of any 
breach of warranty within the warranty period to be entitled to remedy.
c) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CREAMTEC AND 
ITS DISTRIBUTORS DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, 
EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED 
WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A 
PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WITH REGARD TO THE 
PRODUCT, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES.  
The above limited warranty gives you specific legal rights. You may have others, which vary 
amongst jurisdictions.  The warranties contained in Subsection a) of this Section are made in lieu 
of all other express warranties, whether oral or written.  Only an authorized officer of CreamTec 
may make modifications to this warranty or additional warranties binding on CreamTec, and such 
modifications or warranties must be in writing.  Accordingly, additional statements such as those 
made in advertising or presentations, whether oral or written, do not constitute warranties by 
CreamTec and should not be relied upon as such.
d) Any statements made by a dealer or any other third party other than CreamTec are not 
warranties and cannot be relied on by you. CreamTec shall not be liable for any claimed non-
conformance of the Software Product under Article 35(2) of the United Nations Convention on 
Contracts for the International Sale of Goods, even if that Convention were to be determined 
applicable to this license and the underlying transactions.
e) LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY 
APPLICABLE LAW, IN NO EVENT SHALL CREAMTEC OR ITS DISTRIBUTORS BE 
LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL 
DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR 
LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS 
INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF 
OR INABILITY TO USE THE PRODUCT OR THE FAILURE TO PROVIDE SUPPORT 
SERVICES, EVEN IF CREAMTEC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH 
DAMAGES. IN ANY CASE, CREAMTEC'S ENTIRE LIABILITY UNDER ANY PROVISION 
OF THIS LICENSE SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU 
FOR THE PRODUCT. Because some jurisdictions do not allow the exclusion or limitation of 
liability, the above limitation may not apply to you.

9. US GOVERNMENT RESTRICTED RIGHTS. The Product and documentation are 
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. 

10. TERM.  This Agreement is effective from the date of its execution to a date of one year from 
that date unless terminated earlier by either party because of the default of the other party in any 
obligation under this Agreement.  

11.  ANNUAL MAINTENANCE FEE.  On the date of the anniversary of this Agreement, you 
shall pay an annual maintenance fee.  Payment of the fees entitle you to continued use of the 
Product as well as product updates, releases and technical support. Failure to pay the annual 
maintenance fee constitutes breach of this Agreement and shall be the basis for immediate 
termination of this Agreement.  

12. RENEWAL OF LICENSE. The License granted under this Agreement and the terms of this 
Agreement shall be automatically renewed upon the continued payment of the annual 
maintenance fee unless either party notifies the other in writing of an intent to terminate or a 
request to modify terms at least sixty (60) days prior to the expiration date of this Agreement.  In 
the event no notice of termination or request to modify is sent by either party, this Agreement, its 
license and terms, shall be renewed for the term of one year.  If either party notifies the other of 
an election to terminate sixty (60) days prior to the Agreement's expiration date or if the parties 
cannot agree on the proposed modifications, the license will terminate upon the expiration of the 
Agreement.

13. TAXES.  You are required to pay all local, state and federal taxes (but excluding taxes 
imposed on CreamTec income) levied or imposed by reason of the transactions contemplated in 
this Agreement.  You shall promptly pay to CreamTec an amount equal to any such tax(es) 
actually paid or required to be collected by CreamTec.

14.  INDEMNIFICATION.  CreamTec, at its own expense, will defend any action brought 
against CreamTec to the extent that it is based on a claim that the Product or any subsequent 
update used within the scope of this Agreement infringes any patent, copyright, license, trade 
secret, or other propriety right, provided we are immediately notified in writing of such a claim.  
CreamTec shall have the right to control the defense of all such claims, lawsuits, and other 
proceedings.  In no event shall you settle any such claim, lawsuit or proceeding without 
CreamTec prior written approval.  CreamTec shall have no liability for any claim under this 
Section if a claim for patent, copyright, license, or trade secret infringement is based on the use of 
a superseded or altered version of the Product if such infringement would have been avoided by 
use of the latest unaltered version of the Product available as an update.

15. ARBITRATION.  If you acquired this product in the United States, this Agreement is 
governed by the laws of the Commonwealth of Virginia.  If this product was acquired outside the 
United States, then local law may apply.  Except for the right of either party to apply to a court of 
competent jurisdiction for a temporary restraining order, a preliminary injunction, or other 
equitable relief to preserve the status quo or prevent irreparable harm, any controversy or claim 
arising out of or relating to this Agreement shall be settled by binding arbitration administered by 
the American Arbitration Association and pursuant to its rules, and judgment upon the award 
rendered in such arbitration may be entered in any court of competent jurisdiction.

16. MARKETING.  You agree to be identified as a customer of CreamTec and you agree that CreamTec may 
refer to you by name, trade name and trademark, if applicable, and may briefly describe your business 
in CreamTec's marketing materials and web site. You hereby grant CreamTec a license to use your name 
and any of your trade names and trademarks solely in connection with the rights granted to CreamTec 
pursuant to this marketing section.

17. GENERAL. This Agreement will inure to the benefit of CreamTec, its successors, and 
assigns. Each party acknowledges that it has read this Agreement and understands it, and agrees 
to be bound by its terms, and further agrees that they are the complete and exclusive statement of 
the agreement between the parties which supercedes and merges all prior proposals, 
understandings, and all other agreements, oral and written, between the parties relating to this 
Agreement.  If any provision of the Agreement is deemed invalid by a court of competent 
jurisdiction, such provisions shall be enforced to the maximum extent permitted and the 
remainder will remain in full force.

Should you have any questions concerning this License, or if you desire to contact CreamTec for 
any reason, please email us at info@creamtec.com