TLW FAD 4

FAD Tools License Agreement FAD Tools Copyright ? 2014 EPRITM

Warning: This computer program is protected by copyright law and international treaties. Unauthorized reproduction or distribution of this program, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law.

This is an agreement between the licensee and DiGioia, Gray & Associates, LLC, the authorized EPRI Licensee for FAD Tools. By using this Software you agree to be bound by the terms of this agreement. DiGioia, Gray & Associates, LLC grants you, the licensee, a nonexclusive right to use this copy of the FAD Tools Software program so long as you comply with the terms of this license, and agree to use the Software only for your own internal business purposes, without the right to further sublicense the Software to any affiliate or other third party. In the event any provision of this License Agreement is found to be invalid, illegal or unenforceable, the validity, legality and enforceability of any of the remaining provisions shall not in any way be affected or impaired and a valid, legal and enforceable provision of similar intent and economic impact shall be substituted therefor. This agreement will be governed by the laws in force in the State of Pennsylvania.

The Software is protected by both the United States copyright law and international copyright treaty provisions. The purchasing organization may copy this Software onto one or more of its computers so long as no more than the licensed numbers of copies are in simultaneous use. The purchasing organization may also make archival copies of the Software for the sole purpose of backing up the Software and protecting its investment from loss. The user of the Software is responsible for insuring that the numbers of concurrent instances of the application executing do not exceed the number of licenses owned.

DiGioia, Gray & Associates, LLC makes no warranty, either expressed or implied, that the computer Software is totally free of errors or that designs generated by it will be acceptable. The Software should only be used by an experienced engineer who is responsible for the design assumptions and results. In no event shall DiGioia, Gray & Associates, LLC be liable to anyone for special, collateral, incidental, or consequential damages in connection with or arising out of the purchase or use of the Software. The only warranty made is that the media on which the Software is recorded will be replaced without charge if it is determined to be defective. In all cases, the liability of DiGioia, Gray & Associates, LLC shall be limited to the refund of the purchase price of the Software. DiGioia, Gray & Associates, LLC reserves the right to refuse to transfer the Software license to any party other than the original purchaser.

You acknowledge and agree that the structure, sequence and organization of the Software are the valuable trade secrets of EPRI. You agree to hold such trade secrets in confidence. You further acknowledge and agree that ownership of, and title to, the Software and all subsequent copies thereof regardless of the form or media are held by EPRI. DiGioia, Gray & Associates, LLC may terminate Licensee's license if the Licensee fails to comply with any of the terms and conditions of this Agreement. On termination all copies of the Software and all of its component parts must be destroyed.

The user is enjoined from reverse engineering, disassembling or decompiling the Software except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation. The Licensee acknowledges that they are not now or at any other time while using this Software, developing a competing product. The Licensee agrees not to use the binary executables, its algorithms, file formats, manuals or any information derived from the Software in any competing product. The licensee shall take reasonable measures to protect EPRI's intellectual property by limiting disclosure to and access by competing organizations.

Order Summary

1 x MFAD PC License

1 x MFAD Network License

1 x HFAD PC License

1 x HFAD Network License

1 x TFAD PC License

1 x TFAD Network License

This License Agreement ("Agreement") is entered into as of the Effective Date between DiGioia, Gray & Associates, LLC and the Licensee identified below in the signature block ("Licensee").

Intended to be legally bound, the parties' duly authorized representatives have executed this Agreement below.

DiGioia, Gray and Associates, LLC 570 Beatty Road Monroeville, PA 15146 Tel: 412-372-4500 Fax: 412-372-1972 Email: support@

_____________________________________________ Authorized Signature for DiGioia, Gray & Associates, LLC Keith J. Yamatani, PE, FAD Tools Program Manager

___________________ Effective Date

Company: NAME Address: ADDRESS Address: ADDRESS Tel: PHONE Email: PURCHASING CONTACT EMAIL

ELECTRONIC SIGNATURE _______________________________________________ By signing above you agree to the terms of this agreement

DATE ___________________ Date

NAME OF PURHASING CONTACT / JOB TITLE __________________________________________________________________ Name of Licensee's Authorized Signatory / Title

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In order to avoid copyright disputes, this page is only a partial summary.

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