Copyright Sonatest Ltd. All rights reserved. This software was designed by Sonatest Advanced Products, Quebec City,Canada. For support, contact your nearest Sonatest distributor, or www.sonatest.com Software License Agreement This Software License Agreement is part of the Operating Manual for the product and software System which you have purchased from Sonatest Limited (collectively, the “Licenser”). By your use of the Wave companion software you are agreeing to the terms and conditions of this Software License Agreement. Throughout this Software License Agreement, the term “Licensee” means the owner of the System. 1. This is an agreement between Licenser and Licensee, who is being licensed to use the named Software. 2. The Licenser hereby grants the Licensee the non exclusive right to use the computer software described in this Operating Manual (the “Software”). The Licensee shall have no right to sell, assign, sub-license, rent or lease the Software to any third party without the Licenser’s prior written consent. 3. Licensee acknowledges that this is only a limited nonexclusive license. Licenser is and remains the owner of all titles, rights, and interests in the Software. 4. The Licenser further grants the Licensee the right to make a backup copy of the Software media. The Licensee agrees that it will not decompile, disassemble, reverse engineer, copy, transfer, or otherwise use the Software except as permitted by this Section. The Licensee further agrees not to copy any written materials accompanying the Software. 5. The Licensee is licensed to use the Software only in the manner described in the Operating Manual. Use of the Software in a manner other than that described in the Operating Manual or use of the Software in conjunction with any non-Licenser product which decompiles or recompiles the Software or in any other way modifies the structure, sequence or function of the Software code, is not an authorized use, and further, such use voids the Licenser’s set forth below. 6. The only warranty with respect to the Software and the accompanying written materials is the warranty, if any, set forth in the Quotation/Purchase Order and Warranty pursuant to which the Software was purchased from the Licenser.A-2 7. THIS WARRANTY IS IN LIEU OF OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE SOFTWARE AND WRITTEN MATERIALS. IN NO EVENT WILL THE LICENSER BE LIABLE FOR DAMAGES, INCLUDING ANY LOST PROFITS OR OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE, NOTWITHSTANDING THAT THE LICENSER HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, THE LICENSER WILL NOT BE LIABLE FOR ANY SUCH CLAIM BY ANY OTHER PARTY. 8. Notwithstanding the foregoing, LICENSER IS NOT LIABLE TO LICENSEE FOR ANY DAMAGES, INCLUDING COMPENSATORY, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, CONNECTED WITH OR RESULTING FROM THIS LICENSE AGREEMENT OR LICENSEE'S USE OF THIS SOFTWARE. Licensee's jurisdiction may not allow such a limitation of damages, so this limitation may not apply. 9. Licensee agrees to defend and indemnify Licenser and hold Licenser harmless from all claims, losses, damages, complaints, or expenses connected with or resulting from Licensee's business operations. 10. Licensor has the right to terminate this License Agreement and Licensee's right to use this Software upon any material breach by Licensee. 11. Licensee agrees to return to Licensor or to destroy all copies of the Software upon termination of the License. 12. This License Agreement is the entire and exclusive agreement between Licensor and Licensee regarding this Software. This License Agreement replaces and supersedes all prior negotiations, dealings, and agreements between Licensor and Licensee regarding this Software. 13. This License Agreement is governed by the law of United Kingdom applicable to United Kingdom contracts. 14. This License Agreement is valid without Licenser's signature. It becomes effective upon the earlier of Licensee's signature or Licensee's use of the Software.