GENERAL SOFTWARE LICENSE AGREEMENT CAUTION: THE COPYING, MODIFICATION, TRANSLATION OR DISTRIBUTION OF THE OBJECT CODE, PROGRAM, SOFTWARE OR SOURCE CODE IMPLIES ACCEPTANCE OF THE TERMS OF THIS GENERAL SOFTWARE PROGRAM LICENSE AGREEMENT. YOU SHOULD READ CAREFULLY THE FOLLOWING TERMS AND CONDITIONS BEFORE YOU COPY, MODIFY, TRANSLATE OR DISTRIBUTE THE OBJECT CODE, PROGRAM, SOFTWARE OR SOURCE CODE. 1.0 DEFINITIONS 1.1 Licensee - The person who has the privilege to copy, modify, translate or distribute the object code, program, software and source code, subject to the terms and conditions of this General Software License Agreement. 1.2 Object Code - The version of a computer program in machine language, and therefore, ready to be executed by the computer. 1.3 Program - A sequence of instructions for executions by a computer. 1.4 Software - The computer program plus program documentation, if applicable. 1.5 Source Code - The version of a computer program in assembly language or high-level language, and therefore, not ready to be executed by the computer. 1.6 Work - All forms of tangible or intangible property, based whole, in part or derived from the object code, program, software or source code. 1.7 You - The person who has the privilege to copy, modify, translate or distribute the object code, program, software and source code, subject to the terms and conditions of this General Software License Agreement. 2.0 LICENSE 2.1 The copyright holder hereby extends a license to you to use its copyrighted object code, program, software and source code, subject to the terms and conditions of this General Software License Agreement. 2.2 This license is applicable to the object code, program, software and source code distributed under the terms of this General Software License Agreement, any work containing the object code, program, software or source code distributed under the terms of this General Software License Agreement, any modification of the object code, program, software or source code distributed under the terms of this General Software License Agreement, any translation of the object code, program, software or source code distributed under the terms of this General Software License Agreement and any work containing a modification or translation of the object code, program, software or source code distributed pursuant to the terms and conditions of this General Software License Agreement. 2.3 You may copy, modify, translate and distribute the object code, program, software or source code distributed under the terms of this General Software License Agreement, subject to the terms and conditions of this General Software License Agreement. 2.4 If you copy, modify, translate or distribute the object code, program, software or source code distributed under the terms of this General Software License Agreement, you must publish and make known in a clear and conspicuous manner on each copy, modification, translation or distribution of the object code, program, software or source code that the copy, modification, translation or distribution of the object code, program, software or source code is subject to the terms and conditions of this General Software License Agreement and provide a copy of this General Software License Agreement with each copy, modification, translation or distribution of the object code, program, software or source code. 2.5 If you derive, publish or distribute any work that is based whole or in part on the object code, program, software or source code distributed under the terms of this General Software License Agreement, or any modification or translation thereof, you must publish and make known in a clear and conspicuous manner on each such work that the work is subject to the terms and conditions of this General Software License Agreement and provide a copy of this General Software License Agreement with each work. 2.6 If you copy, modify, translate or distribute the object code, program, software or source code distributed under the terms and conditions of this General Software License Agreement, you must provide clear and conspicuous notice that you have copied, modified, translated or distributed the object code, program, software or source code distributed under the terms of this General Software License Agreement, and indicate the date of each such copy, modification, translation or distribution. 2.7 If you copy, modify, translate or distribute the object code, program, software or source code distributed under the terms of this General Software License Agreement, or publish or distribute any work that is derived, in whole or in part, from any copy, modification, translation or distribution of the object code, program, software or source code distributed under the terms of this General Software License Agreement, you cannot impose any further obligations or restrictions on any third person or entity other than what is contained in this General Software License Agreement. 3.0 NO WARRANTY 3.1 THE OBJECT CODE, PROGRAM, SOFTWARE AND SOURCE CODE ARE PROVIDED "AS IS" WITHOUT ANY WARRANT OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR USE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE OBJECT CODE, PROGRAM, SOFTWARE AND SOURCE CODE IS WITH YOU. SHOULD THE OBJECT CODE, PROGRAM, SOFTWARE AND SOURCE CODE PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. 4.0 LIMITATION OF DAMAGES 4.1 IN NO EVENT WILL THE COPYRIGHT HOLDER OR ANY OTHER PERSON OR ENTITY BE LIABLE TO YOU FOR ANY DAMAGES, INCLUDING ANY LOST PROFITS, LOST SAVINGS, COMPENSATORY, GENERAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR THE INABILITY TO USE THE OBJECT CODE, PROGRAM, SOFTWARE AND SOURCE CODE, EVEN IF THE COPYRIGHT HOLDER OR ANY OTHER PERSON OR ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. 5.0 MISCELLANEOUS 5.1 The article and paragraph headings appearing in this General Software License Agreement have been asserted for the purpose of convenience and ready reference. They do not purport to, and shall not be deemed to define, limit, or extend the scope or intent of the articles and paragraphs to which they pertain. 5.2 This General Software License Agreement embodies the entire agreement respecting its subject matter. There are no promises, terms, conditions or obligations other than those expressly set forth herein. Unless otherwise expressly set forth herein, this General Software License Agreement supersedes all previous communications, representations, agreements, either verbal or written, warranties, promises, covenants or undertakings. 5.3 This General Software License Agreement shall not be modified, altered, amended or supplemented, except in writing signed by all parties hereto. 5.4 This General Software License Agreement shall be governed by the laws of the State of New Jersey.