Bright Computing, Inc.
Software License
PLEASE READ THIS SOFTWARE LICENSE (THE "LICENSE") CAREFULLY. THIS
LICENSE GOVERNS THE USE OF THE SOFTWARE AND ACCOMPANYING
DOCUMENTATION. THE SOFTWARE COVERED BY THIS LICENSE IS LICENSED ONLY
TO THE OWNER OF THE EQUIPMENT ON WHICH IT WAS ORIGIALLY INSTALLED (THE
"CUSTOMER"). BY USING THIS SOFTWARE, THE CUSTOMER IS AGREEING TO BE
BOUND BY THE TERMS OF THIS LICENSE. IF THE CUSTOMER DOES NOT AGREE TO
THE TERMS OF THIS LICENSE, THIS SOFTWARE MUST NOT BE USED AND (IF
APPLICABLE) THE CUSTOMER MUST RETURN THE SOFTWARE TO BRIGHT COMPUTING FOR
A REFUND.
1. The Software. The Software consists of (i) software governed by the GNU Public License published the Free Software Foundation,
Inc. ("GNU Public License Software"), (ii) software governed other open-source licenses ("Open Source Software"), (iii) software governed by license terms of third parties ("Third Party Software"), and (iv)
"Bright Computing Software", which is all software provided by
Bright Computing to Customer that is not GNU Public License Software,
Other Open Source Software or Third Party Software.
2. License Grant. Subject to the terms and conditions set forth in this License, Bright Computing hereby grants to Customer a single, personal and nonexclusive license to use the Bright Computing Software and Third-Party Software and associated documentation solely for
Customer's internal business purposes, including the provision of data processing service to others in the normal course of Customer's business. Title to the Bright Computing Software, Third-Party Software and associated documentation, and all rights not specifically granted to Customer by this license, remain with Bright Computing and its suppliers. No license to use the Bright Computing Software or Third-Party Software in source code form is granted, and Customer may use the
Bright Computing Software and Third-Party Software only in binary form. No license to the Bright Computing
Software or Third-Party Software is granted to Customer except that expressly set forth in this License.
3. GNU Public License Software and Open Source Software. With the limited exception of components contributed by Bright Computing that are incorporated in the GNU Public License Software and the Open Source
Software, Bright Computing does not grant any rights with respect to the
GNU Public License Software or the Open Source Software. Customer's rights with respect to the GNU Public License Software are limited to the rights granted, and will be subject to the conditions and limitations imposed under, those versions of the GNU Public License
Software designated applicable by respective copyright owners of the
GNU Public License Software. A copy of the applicable GNU Public
License was delivered to Customer, and additional copies are available from Bright Computing upon request. Customer's rights with respect to the
Open Source Software will be limited to the rights granted, and will be subject to the conditions and limitations imposed under, the respective Open Source Software licenses.
4. License Disclaimer. Customer acknowledges and agrees that (i)
Bright Computing cannot and has not verified that the GNU Public License
Software and Open Source Software have validly been made available, by third parties having the right to do so, under the terms of the GNU
Public license or Open Source Software licenses, as applicable, (ii)
Bright Computing cannot and does not warrant or promise, and cannot ensure that the GNU Public License or applicable Open Source Software licenses effectively grant Customer the rights necessary for Customer

to use the GNU Public License Software or Open Source Software as contemplated or required by Customer, and (iii) Bright Computing cannot and does not warrant or promise, and cannot ensure that the GNU Public
License or applicable Open Source Software licenses, or Customer's access and use of the GNU Public License Software or Open Source
Software, will continue or remain in effect for any particular period of time, including but not limited to the term of this License.
5. Customer Assumption of Risk. Customer assumes all risk arising out of or relating to (i) any claim that any GNU Public License Software or Open Source Software, or Customer's use thereof, infringes or violates any rights of any third party, (ii) any judicial, administrative or other interpretation, enforcement or invalidation of the GNU Public License Software or any Open Source Software licenses,
(iii) any partial or complete termination or cancellation of any rights granted or derived from the GNU Public License or any Open
Source Software licenses, and (iv) any resulting denial or termination of access to, or use of, any GNU Public License Software or Open
Source Software.
6. Copy Restrictions. Customer will not copy the Bright Computing
Software or Third-Party Software, or any on-line or hard copy form of any documentation for the Bright Computing Software or Third-Party
Software, except that Customer may make and maintain one (1) current copy of the Bright Computing Software and Third-Party Software in machine-readable form and related documentation for back-up and archival purposes only. Customer will reproduce in such archival copy all proprietary and restrictive notices set forth in such Software and documentation.
7. Restrictions on Reverse Engineering. Customer will not modify, clone, disassemble, decompile, decrypt, attempt to derive the source code or otherwise reverse engineer any part of the Bright Computing
Software or Third-Party Software, adopt any part of the Bright Computing
Software or Third-Party Software as its own, or adapt the
Bright Computing Software or Third-Party Software into a computer language in which it was not provided by Bright Computing, provided that nothing in this Section will be deemed to limit any rights under applicable law or government regulation or directive.
8. Unintended Uses. Customer acknowledges that the Software is not designed for use in or in connection with: on-line control equipment in hazardous environments such as operation of nuclear facilities or aircraft navigation, communication or control; life-support systems or procedures; in medical diagnostic applications; or in surgical or other intrusive procedures or otherwise to implement medical procedures or sustain life.
9. Software Patents. Parts of the Bright Computing Software and
Third-Party Software may have been patented or copyrighted by
Bright Computing or a third-party provider. Patent or copyright notices have been included in the Bright Computing Software and Third-Party
Software for protective purposes, and such notices will not be construed as causing publication of such Software. The Bright Computing
Software and Third-Party Software are confidential and Customer will treat such Software as the confidential information and property of the respective owners. Customer will not use any such confidential information during the term of this License or thereafter for any purpose other than as permitted or required hereunder. Customer will not disclose or make available to any third party any Bright Computing
Software, Third-Party Software or related documentation, in any form, except to its employees, users and contractors for purposes specifically related to Customer's use of the Bright Computing Software and Third-Party Software in accordance with this License. Customer will take all necessary measures to prevent any such disclosure by its employees, agents, contractors or consultants that have access to such confidential information for such purposes.

10. Exclusions. With the limited exception of any Bright Computing additions to such software, Bright Computing does not grant any rights with respect to the GNU Public License Software or Open Source
Software. Customer's rights with respect to the GNU Public License
Software will be limited to the rights granted, and will be subject to the conditions and limitations imposed under those versions of the GNU
Public License Software designated applicable by respective copyright owners of the GNU Public License Software. Customer's rights with respect to the Open Source Software will be limited to the rights granted, and will be subject to the conditions and limitations imposed under applicable Open Source Software licenses.
11. Warranty. Bright Computing's warranty with respect to the Software and Customer's exclusive remedy for breach of Warranty are set out in
Bright Computing's Terms and Conditions pertaining to Customer's purchase of Equipment on which the Software is to be used, and any separate written agreement pertaining thereto entered into by Bright Computing and
Customer. The provisions of such Terms and Conditions and any separate written agreement are incorporated by reference into this
License.
12.Limitation of Warranty and Remedy; Limitation of Damages. Except as otherwise expressly stated in a writing signed by Bright Computing,
Bright Computing does not warrant that the Software will operate uninterrupted, be error free, conform to any reliability or performance standards, will meet Customer's needs or requirements or that Bright Computing will correct all defects. Customer is responsible for the selection of the Software to achieve its intended results,
Customer's use of Software, and the results obtained by Customer with the Software.
EXCEPT AS OTHERWISE EXPRESSLY STATED IN THE CONTRACT BETWEEN
BRIGHT COMPUTING AND CUSTOMER REGARDING THE SOFTWARE AND RELATED
EQUIPMENT AND SERVICES AND IN THIS LICENSE, ALL SOFTWARE IS PROVIDED
"AS IS" AND "WITHOUT WARRANTY" OF ANY KIND. BRIGHT COMPUTING HEREBY
EXPRESSLY EXCLUDES AND DISCLAIMS ALL OTHER WARRANTIES, WHETHER
EXPRESS, IMPLIED OR STATUTORY, REGARDING THE SOFTWARE, INCLUDING,
WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS
FOR A PARTICULAR PURPOSE, ANY WARRANTY OR GUARANTY OF ABSENCE OF
HIDDEN DEFECTS, ANY WARRANTY OF NON-INFRINGEMENT, AND ANY WARRANTY
THAT MAY ARISE BY REASON OF CUSTOM, USAGE OF TRADE OR COURSE OF
DEALING. IN NO EVENT SHALL BRIGHT COMPUTING'S LIABILITY OF ANY KIND
INCLUDE ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL LOSSES OR
DAMAGES, EVEN IF BRIGHT COMPUTING SHALL HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH POTENTIAL LOSS OR DAMAGE. BRIGHT COMPUTING'S
LIABILITY FOR DIRECT DAMAGES SHALL BE LIMITED TO EUR. 50,000 EXCEPT IN
CASES OF GROSS NEGLIGENCE OR WILLFUL MISCONDUCT BY EMPLOYEES OR AGENTS
OF BRIGHT COMPUTING OR ITS INDEMNITY OBLIGATIONS UNDER SECTION 4.1
(Patents and Copyrights) OF THE TERMS AND CONDITIONS PERTAINING TO THE
PURCHASE OF THE EQUIPMENT ON WHICH THE BRIGHT COMPUTING SOFTWARE IS
INSTALLED. No Bright Computing employee, reseller or agent is authorized to make any modification, extension or addition to this warranty other than through a separate written service agreement with Bright Computing.
13. Export Compliance. Customer agrees (and agrees to cause any subsequent licensee or user of the Software to agree) to comply with
United States export requirements on export and re-export of the Software, or any other Bright Computing intellectual property. Customer also will comply with all other applicable export and import laws and regulations.
14. Applicable Law; Limitation of Actions. This License is governed by the laws of the state of California, without regard to conflicts of laws principles. Any legal action in connection with this License must be filed within two (2) years after the cause for such action has accrued.
15. License Term and Termination. This License takes effect as of the date the Software is delivered to Customer, and remains in effect

until: (i) termination by Customer with or without cause, upon twenty
(20) days written notice to Bright Computing; or (ii) termination by
Bright Computing upon written notice to Customer in the event Customer is in material breach of this License and Customer has failed to cure such breach within thirty (30) days of receipt of written notice thereof from Bright Computing. Within ten (10) days after termination of this License for any reason Customer will return to Bright Computing all of its copies of the Software and all documentation related to the
Software. Customer's obligations under this provision will survive termination or expiration of this License.
16. Entire Contract; Amendments; Language. The terms and conditions stated in this License, including provisions incorporated by reference, constitute the complete and exclusive statement of the contract between Customer and Bright Computing with respect to the use of the Software licensed hereunder and supersede all prior oral and written statements of any kind whatsoever made by either party or their representatives. Any order form used by Customer in connection with the Equipment, Software and this License will be considered to have its pre-printed clauses and statements deleted and such terms are expressly rejected by Bright Computing. Any waivers or amendments, to be effective, must be in writing, signed by both parties. Any translation of this License is done for local requirements and in the event of a dispute between the English and non-English versions, the English version of this License shall govern.