USER AGREEMENT

1. General

E-Centric, Inc. provides the FormulatorNET software, subject to your compliance with the terms and conditions listed below and any and all terms and conditions listed in the license agreement you agreed to prior to your purchase of the software. By installing this software, you affirm that you have read and agree with all the terms and conditions stated herein, and are bound by same. If you do not agree, you may not install this software.

E-Centric, Inc. reserves the right, at its discretion, to change or modify any or all parts of this Agreement at any time, effective immediately upon notice published on E-Centric, Inc.’s Web site. Your continued use of the Service constitutes your binding acceptance of these terms and conditions, including any changes or modifications made by E-Centric, Inc. as permitted above. If at any time the terms and conditions of this Agreement are no longer acceptable to you, you should immediately cease all use of the Service.

2. User Rights and Use

This free version of FormulatorNET may be used for either of the following purposes:

1. For Personal or Non-commercial use (as defined herein), or
   
   
2. To evaluate the Software prior to purchase.

The term "Non-Commercial User" is limited to the following: university or other educational institutions (such as pre-schools, elementary schools, middle or junior high schools, high schools, and community or junior colleges), non-profit organizations (such as public libraries, charities, and other organizations created for the promotion of social welfare), "University Users", and other individual users who use the Software for personal use (such as hobby, recreational, or educational purposes). The term "University Users" is limited to students, faculty members, researchers, administrators, support staff, and employees of a university when acting in this capacity.

Personal and Non-Commercial Users are granted the non-exclusive, non-transferable rights to install and use the Software as follows:

1. At any time, a maximum of one installation or one copy of the Software may be hosted on a Web server that is accessible over the Internet or Intranet.
   
   
2. The Software may be installed on a maximum of three hard-drives at a time, but no more than one of these installations or copies of the Software may grant Web users access to the Web application over the Internet or Intranet. In other words, the user may install the Web application, for example, (1) on a local hard-drive for development purposes, (2) on a second Web server for testing purposes, and (3) on a third Web server for deployment, but only one copy (i.e., the deployment copy) shall be accessible over the Internet or Intranet.

Users who do not qualify as Personal or Non-Commercial Users may install one copy of the Software for the sole purpose of evaluating the product prior to purchase, but may not grant Web Users access to the Web application over the Internet or Intranet.

3. Limitations on End User Rights

(a) You may not copy the Software, except for a backup copy to be used only in the event of loss or damage to the original copy.

(b) You may not resell or redistribute the Software without prior written permission from E-Centric, Inc.

(c) You may not use, modify, translate, reproduce, or transfer the right to use the Software or copy the Software except as expressly provided in this Agreement.

(d) You may not reverse engineer, reverse compile, disassemble, or otherwise attempt to discover the source code of the Software (except to the extent that this restriction is expressly prohibited by law) or create derivative works based on the Software unless you have purchased source code directly from E-Centric, Inc.

(e) If you have purchased source code directly from E-Centric, Inc., you may create derivative works based on the Software; however, you may not resell or redistribute the derivative works without prior written permission from E-Centric, Inc. (except to the extent that this restriction is expressly prohibited by law).

4. Endorsement

Neither the name e-Centric, Inc. nor the names of its contributors may be used to endorse or promote products derived from this software without specific prior written permission.

5. Indemnification

THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT OWNER OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE. YOU EXPRESSLY AGREE THAT THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SERVICE, INCLUDING BUT NOT LIMITED TO THE SOFTWARE, SUPPORTING DOCUMENTATION, THE EXPRESS OR IMPLIED RECOMMENDATIONS OR ADVICE OFFERED BY E-CENTRIC, INC. OR ITS AGENTS (WHETHER THROUGH THE WEBSITE, EMAIL, OR OTHERWISE), AND THE ACCURACY OR COMPLETENESS OF ANY AND ALL CLAIMS BY E-CENTRIC, INC. (WHETHER THROUGH THE WEBSITE, EMAIL, SUPPORTING DOCUMENTATION, USER MANUALS, INSTALLATION GUIDES OR OTHERWISE) IS ASSUMED BY YOU. NEITHER E-CENTRIC, INC., ITS AGENTS, EMPLOYEES NOR ANY THIRD PARTY CONTENT PROVIDER OR CONTRIBUTOR OR ITS AGENTS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE ANY AND ALL PRODUCTS OR SERVICES OFFERED BY OR THROUGH E-CENTRIC, INC.