End User License Agreement

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SOFTWARE LICENSE TERMS

EnerWorks™ APPLICATION SOFTWARE

BY USING THE SOFTWARE, YOU ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT THEM, DO NOT USE THE SOFTWARE. INSTEAD, RETURN IT TO EnerPath FOR A REFUND OR CREDIT.

AS DESCRIBED BELOW, USING THE SOFTWARE ALSO OPERATES AS YOUR CONSENT TO THE TRANSMISSION OF CERTAIN COMPUTER INFORMATION DURING ACTIVATION, VALIDATION AND FOR INTERNET-BASED SERVICES.

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

1. OVERVIEW. The software is licensed on a per user, per device basis. A hardware partition is considered to be a separate device.

2. INSTALLATION AND USE RIGHTS.

a. One Copy per Device. You may install one copy of the software on one device. That device is the “licensed device”.

b. Licensed Device. You may only use one copy of the software on the licensed device at a time.

c. Portable Device. You may install one copy of the software on a portable device for use by the single primary user of the licensed device.

d. Separation of Components. The components of the software are licensed as a single unit. You may not separate the components and install them on different devices.

e. Alternative Versions. The software may include more than one version. You may install and use only one version at a time.

3. ADDITIONAL LICENSING REQUIREMENTS AND/OR USE RIGHTS.

You may temporarily download content to a printer or other output device to print content.

Media Elements and Templates. You may have access to media images, clip art, animations, sounds, music, video clips, templates and other forms of content (“media elements”) provided with the software or as part of a service associated with the software. You may copy and use the media elements in projects and documents.

You may not (i) sell, license or distribute copies of the media elements by themselves or as a product if the primary value of the product is the media elements; (ii) grant your customers rights to further license or distribute the media elements; (iii) license or distribute for commercial purposes media elements that include the representation of identifiable individuals, governments, logos, trademarks, or emblems or use these types of images in ways that could imply an endorsement or association with your product, entity or activity; or (iv) create obscene or scandalous works using the media elements. d. Use with Virtualization Technologies.

4. Remote Access. The single primary user of the licensed device may access and use the software installed on the licensed device remotely from any other device. You may allow others to access the software to provide you with support services. You do not need additional licenses for this access. No other person may use the software under the same license at the same time for any other purpose.

5. Language Version Selection. If you are provided with a selection between language versions, you may use only one language version at a time. If you were not provided with a language selection, the language version will default to the language of your operating system.

6. Trial and Conversion. From time to time, some or all of the software may be licensed on a trial basis. Your rights to use trial software are limited to the trial period. The trial software and length of the trial period are set forth during the activation process. You may have the option to convert your trial rights to subscription or perpetual rights. Conversion options will be presented to you at the expiration of your trial period. After the expiration of any trial period without conversion, most features of the trial software will stop running. At that time you can continue to open, view and print any documents you created with the trial software.

7. Subscription Software. If you licensed the software on a subscription Basis (annual or otherwise), your rights to use the software are limited to the subscription period. You may have the option to extend your subscription. If you extend your subscription, you may continue using the software until the end of your extended subscription period.

After the expiration of your subscription, most features of the software will stop running. At that time you can continue to open, view and print any documents you created with the software.

8. MANDATORY ACTIVATION. Activation associates the use of the software with a specific device. During activation, the software will send information about the software and the device to EnerWorks Servers. This information includes the version, the license version, language and product key of the software, the Internet protocol address of the device, and information derived from the hardware configuration of the device.

BY USING THE SOFTWARE, YOU CONSENT TO THE TRANSMISSION OF THIS INFORMATION.

If properly licensed, you have the right to use the version of the software installed during the installation process up to the time permitted for activation. UNLESS THE SOFTWARE IS ACTIVATED, YOU HAVE NO RIGHT TO USE THE SOFTWARE AFTER THE TIME PERMITTED FOR ACTIVATION. This is to prevent its unlicensed use. YOU ARE NOT PERMITTED TO BYPASS OR CIRCUMVENT ACTIVATION.

If after ACTIVATION the software is found to be counterfeit, improperly licensed, or a non-genuine then the functionality or experience of using the software may be affected.

9. INTERNET-BASED SERVICES. EnerPath provides Internet-based services with the software. It may change or cancel them at any time.

a. Consent for Internet-Based Services.

EnerPath does not use the information transmitted to identify or contact you.

Computer Information. The following features use Internet protocols, which send to the appropriate systems computer information, such as your Internet protocol address, the type of operating system, browser and name and version of the software you are using, and the other information about the device where you installed the software. EnerPath uses this information to make the Internet-based services available to you.

• Web Content Features. Features in the software can retrieve related content from EnerWorks and provide it to you. Examples of these features are; input forms, energy savings calculations, site assessment workflow, device icons, online assistance and help. You may choose not to use some of these web content features.

• Digital Certificates. The software may use digital certificates. These digital certificates confirm the identity of Internet users sending standard encrypted information. They also can be used to digitally sign files and macros to verify the integrity and origin of the file contents. The software retrieves certificates and updates certificate revocation lists using the Internet, when available.

• SharePoint Workspace. If the software includes Microsoftä SharePoint Workspace (“SharePoint Workspace”), SharePoint Workspace will allow you to communicate directly with others over the Internet. You cannot disable this service if your administrator uses public server infrastructure.

9. Use of Information. EnerPath may use the device information, error reports, and malware reports to improve our software and services. We may also share it with others, such as hardware and software vendors. They may use the information to improve how their products run with EnerPath software.

• Misuse of Internet-based Services. You may not use these services in any way that could harm them or impair anyone else’s use of them. You may not use the services to try to gain unauthorized access to any service, data, account or network by any means.

10. SCOPE OF LICENSE. The software is licensed, not sold. This agreement only gives you some rights to use the features included in the software edition you licensed. EnerPath reserves all other rights. Unless applicable law gives you more rights despite this limitation, you may use the software only as expressly permitted in this agreement. In doing so, you must comply with any technical limitations in the software that only allow you to use it in certain ways.

You may not

• work around any technical limitations in the software;

• reverse engineer, decompile or disassemble the software, except and only to the extent that applicable law expressly permits, despite this limitation;

• make more copies of the software than specified in this agreement or allowed by applicable law, despite this limitation;

• publish the software for others to copy;

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

• rent, lease or lend the software; or

• use the software for commercial software hosting services.

8. BACKUP COPY.

a. Media. If you acquired the software on a disc or other media, you may make one backup copy of the media. You may use it only to reinstall the software on the licensed device.

b. Electronic Download. If you acquired and downloaded the software online, you may make one copy of the software on a disc or other media in order to install the software on the licensed device. You may also use it to reinstall the software on the licensed device.

c. Click–to-Run. If you acquired and downloaded software online with Click-to–Run technology, you will not be able to make a copy of the software on a disc or other media. Instead you may download the software online again only to reinstall the software on the licensed device.

11. DOCUMENTATION. Any person that has valid access to your licensed device or internal network may copy and use the documentation for your internal, reference purposes.

12. GEOGRAPHIC RESTRICTIONS. If the software is marked as requiring activation in a specific geographic region, then you are only permitted to activate this software in the geographic region indicated. You may not be able to activate the software outside of that region.

13. UPGRADE OR CONVERSION. To upgrade or convert software, you must first be licensed for the software that is eligible for the upgrade or conversion. Upon upgrade or conversion, this agreement takes the place of the agreement for the software you upgraded or converted from. After you upgrade or convert, you may no longer use the software you upgraded or converted from.

14. REASSIGN TO ANOTHER DEVICE. You may reassign the license to a different device any number of times, but not more than one time every 90 days. If you reassign, that other device becomes the “licensed device”.

If you retire the licensed device due to hardware failure, you may reassign the license sooner.

15. TRANSFER TO A THIRD PARTY. The first user of the software may make a one-time transfer of the software and this agreement, by transferring the license directly to a third party. The first user must remove the software before transferring it separately from the licensed device. The first user may not retain any copies of the software. Before any permitted transfer, the other party must agree that this agreement applies to the transfer and use of the software. If the software is an upgrade, any transfer must also include all prior versions of the software.

16. EXPORT RESTRICTIONS. The software is subject to United States export laws and regulations. You must comply with all domestic and international export laws and regulations that apply to the software. These laws include restrictions on destinations, end users and end use.

17. SUPPORT SERVICES. EnerPath provides support services for the software as described at www.enerpath.com

18. ENTIRE AGREEMENT. This agreement (including the warranty below), any addendum or amendment included with the software, and the terms for supplements, updates, Internet-based services and support services that you use, are the entire agreement for the software and support services.

19. APPLICABLE LAW.

a. California state law governs the interpretation of this agreement and applies to claims for breach of it, regardless of conflict of laws principles. The laws of the state where you live govern all other claims,

including claims under state consumer protection laws, unfair competition laws, and in tort.

20. LIMITATION ON AND EXCLUSION OF DAMAGES. YOU CAN RECOVER FROM ENERPATH AND ITS SUPPLIERS ONLY DIRECT DAMAGES UP TO THE AMOUNT YOU PAIDFOR THE SOFTWARE. YOU CANNOT RECOVER ANY OTHER DAMAGES, INCLUDINGCONSEQUENTIAL, LOST PROFITS, SPECIAL, INDIRECT OR INCIDENTAL DAMAGES.

This limitation applies to

• anything related to the software, services, content (including code) on third party Internet sites, or third party programs; and

• claims for breach of contract, breach of warranty, guarantee or condition, strict liability, negligence, or other tort to the extent permitted by applicable law.

It also applies even if

• repair, replacement or a refund for the software does not fully compensate you for any losses; or

• EnerPath knew or should have known about the possibility of the damages.

LIMITED WARRANTY

A. LIMITED WARRANTY. If you follow the instructions, the software will perform substantially as described in the EnerPath materials that you receive in or with the software.

B. TERM OF WARRANTY; WARRANTY RECIPIENT; LENGTH OF ANY IMPLIED WARRANTIES.

THE LIMITED WARRANTY COVERS THE SOFTWARE FOR 90-DAYS AFTER ACQUIRED BY THE FIRST USER. IF YOU RECEIVE SUPPLEMENTS, UPDATES, OR REPLACEMENT SOFTWARE DURING THAT YEAR, THEY WILL BE COVERED FOR THE REMAINDER OF THE WARRANTY OR 30 DAYS, WHICHEVER IS LONGER. If the first user transfers the software, the remainder of the warranty will apply to the recipient.

TO THE EXTENT PERMITTED BY LAW, ANY IMPLIED WARRANTIES, GUARANTEES OR CONDITIONS LAST ONLY DURING THE TERM OF THE LIMITED WARRANTY.

C. EXCLUSIONS FROM WARRANTY. This warranty does not cover problems caused by your acts (or failures to act), the acts of others, or events beyond EnerPath’s reasonable control.

D. REMEDY FOR BREACH OF WARRANTY. ENERPATH WILL REPAIR OR REPLACE THE SOFTWARE AT NO CHARGE. IF ENERPATH CANNOT REPAIR OR REPLACE IT, ENERPATH WILL REFUND THE AMOUNT YOU PAID FOR THE SOFTWARE. IT WILL ALSO REPAIR OR REPLACE SUPPLEMENTS, UPDATES AND REPLACEMENT SOFTWARE AT NO CHARGE. IF ENERPATH CANNOT REPAIR OR REPLACE THEM, IT WILL REFUND THE AMOUNT YOU PAID FOR THEM, IF ANY. YOU MUST UNINSTALL THE SOFTWARE AND RETURN ANY MEDIA AND OTHER ASSOCIATED MATERIALS TO ENERPATH. THESE ARE YOUR ONLY REMEDIES FOR BREACH OF THE LIMITED WARRANTY.

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