DINSIGHT SOFTWARE LICENSE TERMS

DG KERNEL 7.x

These license terms are an agreement between you and DInsight. They apply to the DG Kernel 7.x software, including all minor versions, revisions, patches, and updates within the 7.x series, unless a particular update is accompanied by different terms. The terms also apply to any related DInsight services or updates for the software.

If you do not agree to the terms of this license agreement, do not install or use DG Kernel 7.x or any of its updates.

This license agreement is a legal agreement between you (either an individual or a single entity) and DInsight for the DG Kernel 7.x software and all associated updates within the 7.x version family.

DInsight grants you the non-exclusive license to use DInsight DG Kernel 7.x as long as you comply with the terms of this license agreement.

DG Kernel is owned by DInsight. DInsight DG Kernel and is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. DInsight DG Kernel is licensed, not sold.

IF YOU COMPLY WITH THESE LICENSE TERMS, YOU HAVE THE RIGHTS BELOW.

1. INSTALLATION AND USE RIGHTS.

a. Individual License. If you are an individual working on your own applications, components or services, either to sell or for any other purpose, you may use DG Kernel 7.x to develop and test that software.

b. Organizational License. If you are an organization, your employees or contractors may use the software as follows:

i. Any number of your employees or contractors may use the software as part of online or in person classroom training and education, or for performing academic research.

ii. If the above does not apply, and you are also not an enterprise (defined below), then up to five of your employees or contractors may use the software concurrently to develop and test your products.

vii. If you are an enterprise, you may use DG Kernel 7.x for 30 days for evaluation purpose. Arranging an individual agreement with DInsight is the only way you are permitted to use DG Kernel 7.x beyond the 30 days evaluation period.

An “enterprise” is any organization and its affiliates who collectively have either (a) more than 50 PCs or users or (b) one million U.S. dollars (or the equivalent in other currencies) in annual revenues, and “affiliates” means those entities that control (via majority ownership), are controlled by, or are under common control with an organization.

These license terms only give you some rights to use the software. DInsight reserves all other rights. Unless applicable law gives you more rights despite this limitation, you may use the software only as expressly permitted in these license terms. In doing so, you must comply with any technical limitations in the software that only allow you to use it in certain ways. In addition, you may not:

• reverse engineer, decompile or disassemble the software, or otherwise attempt to derive the source code for the software, except and only to the extent required by third party licensing terms governing use of certain open-source components that may be included with the software;

• use the software in any way that is against the law;

• share, publish, rent or lease the software; or

• provide the software as a stand-alone offering or combine it with any of your applications for others to use, or transfer the software or this agreement to any third party.

DG Kernel 7.x may only be redistributed as part of a compiled application or component, which adds significant primary functionality. This means that the compiled application (component) can only include DG Kernel code in form of provided redistributable packages: DG Kernel 7.x Redistributable or DG Kernel 7.x Merge Modules or a compiled installer, which incorporates them.

DInsight makes no warranty, including but not limited to any implied warranties of merchantability or fitness for a particular purpose, regarding the Software or accompanying materials. The Software and accompanying materials are provided solely on an as-is basis.

In no event shall DInsight be liable to any special, collateral, incidental, or consequential damages in connection with or arising out of the purchase or use of the Software and accompanying materials.

This agreement is governed by the laws of the State of Victoria, Australia.