Third Wave Systems, Inc.

(Third Wave) Software License Agreement

This Software License Agreement (Agreement), effective as of the date of last signature (the Effective
Date) is between LICENSEE and Third Wave. LICENSEE is the customer listed on the Order Agreement,
which is the agreement containing the quote and additional information regarding the offer. LICENSEE and
Third Wave are each a Party and collectively referred to herein as the Parties.

1. LICENSE. The term Licensed Products means the computer programs in object-code form listed on
the Order Agreement, any future releases of or updates to such computer programs, and any
documentation concerning such computer programs or releases or updates thereto. Third Wave hereby
grants to the LICENSEE a non-exclusive, nontransferable, non-sublicenseable, revocable license as to
each Licensed Product to install and use the Licensed Products solely for LICENSEEs own internal
purposes, on the single computer system, owned or leased by LICENSEE and specified on the Order
Agreement for such Licensed Product (the Licensed Platform). Unless noted otherwise herein, this
license covers one (1) simultaneous execution of the computer programs.

TECPLOT-OEM is licensed to be used in conjunction with the Licensed Products and not for any other
use. Use of TECPLOT-OEM for plotting data not generated from the Licensed Products is prohibited.

1. BACK-UP COPIES. LICENSEE may make no more than one (1) back-up copy of the Licensed
Products for installation and use on a back-up computer system owned or leased by LICENSEE (or
owned or leased by a third party service provider who is under a current contract with LICENSEE to
provide information technology support services) in the event of failure or maintenance of the Licensed
Platform. Upon request by Third Wave, LICENSEE shall advise Third Wave of the location of such backup
copy.

2. SUPPORT. As long as this Agreement is in effect and LICENSEE is current in the payment of any
fees required hereunder, Third Wave shall provide reasonable telephone and email support at the
provided phone number or email address and Third Wave will use commercially reasonable efforts to respond
to LICENSEE within one (1) business day of the support enquiry. However, LICENSEE agrees that the
tasks involved in the daily operation of the Licensed Products shall be the responsibility of LICENSEE,
including installing and using updates.

3. UPDATES. As long as this Agreement is in effect and LICENSEE is current in the payment of any
fees required hereunder, Third Wave shall provide to LICENSEE all generally available updates to the
Licensed Products, which shall be made available to LICENSEE in the same time frame that such updates
are made available to any other licensee(s) of the Licensed Products.

4. OWNERSHIP AND PROPRIETARY RIGHTS. As between Third Wave and LICENSEE, Third
Wave and its licensors own and shall retain all right, title, and interest in and to the Licensed
Products, including any portions, modifications, improvements, enhancements and/or copies
thereof. All copyrights, trade secrets, patents and other intellectual property rights in and to the
Licensed Products and derivations of the Licensed Products remain with Third Wave and its licensors.
Except as otherwise provided in this Agreement, Third Wave hereby reserves all rights in the
Licensed Products, and LICENSEE shall have only a limited right of use which is revocable in
accordance with the terms of this Agreement.

5. RESTRICTIONS/LIMITATIONS. Except as otherwise provided in Article 1 hereof,

LICENSEE shall not use, copy, reproduce, modify, adapt, translate, create derivative works of, reverse
engineer, decompile, disassemble, distribute, sell, assign, pledge, transfer, sublicense, lease, loan, rent,
timeshare, or disclose to any third Party the Licensed Products, in whole or in part, at any time
for any reason, nor permit any other Party to do any of the foregoing. LICENSEE specifically
agrees that LICENSEE will not use, embed or install any data, results or other output of any of
Licensed Product within any of its own proprietary products (or components thereof) that are
sold or otherwise made available to any third party. LICENSEE may not remove from the
Licensed Products, or alter, any of the trademarks, trade names, logos, patent or copyright
notices, proprietary markings, data rights restrictions or other markings, or add any other
notices or markings to the Licensed Products.

6. OPEN SOURCE SOFTWARE. The Licensed Products may contain open source software, the
use of which is governed by the applicable open source license terms and conditions. By
accepting this Agreement, LICENSEE also agree to accept and be bound by all such third party
terms and conditions. Third Wave will provide LICENSEE with copies of all applicable open
source license terms and conditions on request.

7. SUPPORT AND UPDATE FEES. Unless otherwise agreed to by the Parties and outlined in the Order
Agreement, during the term of this Agreement, LICENSEE will be invoiced on an annual basis for an amount
equal to twenty (20%) percent of the current commercial Purchase License Price as determined annually by
Third Wave. Payment of this amount shall entitle LICENSEE to receive the support services and be entitled
to the updates and future releases as provided herein. This fee is applicable to Purchase License Agreements
only. Annual support and updates are included within Annual Lease License Agreements.

8. MUTUAL REPRESENTATIONS. Each Party represents and warrants to the other Party that the
execution, delivery and performance of this Agreement: (a) is within its corporate powers; (b) has
been duly authorized by all necessary corporate action on such Partys part; and (c) does not and shall
not contravene or constitute a default under, and is not and shall not be inconsistent with, any
judgment decree or order, or any contract, agreement, or other undertaking, applicable to such Party
or by which it is bound.

9. LIMITED WARRANTIES. The Warranty Period for Licensed Products shall be one (1) year
from the time of delivery provided LICENSEE is in compliance with Articles 5 and 7 above. Third
Wave represents, warrants, and covenants that the Licensed Products will operate substantially in
accordance with the documentation and specifications provided therewith, as they exist at the
time of delivery, for the Warranty Period, when the Licensed Products are used solely in
accordance with that documentation. Third Wave further represents and warrants that it has used
commercially available virus-detection software to protect the Licensed Products from, and has
not knowingly introduced into the Licensed Products, any viruses, worms, Trojan horses, web
bugs, time bombs, spyware, or other harmful or invasive code or components. All warranties
are personal to and intended solely for the benefit of LICENSEE and do not extend to any third
party. These limited warranties shall be void if failure of the Licensed Products to conform with
the warranties has resulted from LICENSEE or any third partys improper installation of the
Licensed Products or any updates thereto, LICENSEEs failure to install any updates within three
(3) months of delivery by Third Wave, or modifications or changes to the Licensed Products or any
updates in any way beyond the scope of the customization options contained in the Licensed
Products. As to any defects discovered after the Warranty Period, there is no warranty of any
kind provided by Third Wave.

10. DISCLAIMER OF WARRANTIES. EXCEPT AS OTHERWISE EXPRESSLY SET FORTH IN THIS

AGREEMENT, THE LICENSED PRODUCTS, INCLUDING ANY UPDATES THERETO, ARE PROVIDED AS
IS, AS AVAILABLE, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED,
INCLUDING, WITHOUT LIMITATION, (a) ANY WARRANTY FOR INFORMATION, DATA, DATA
PROCESSING SERVICES, UPTIME OR UNINTERRUPTED ACCESS, (b) ANY WARRANTIES
CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS, CORRECTNESS, PRECISION,
THOROUGHNESS, COMPLETENESS OR CONTENT OF INFORMATION, INCLUDING THE APPLICATION
OF ANY SIMULATION AND MODELING RESULTS IN LICENSEES BUSINESS; (c) ANY WARRANTIES OF
TITLE, NON-INFRINGEMENT, SATISFACTORY QUALITY, MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE; (d) THAT THE SOFTWARE WILL BE SECURE, UNINTERRUPTED OR ERROR-
FREE; (e) THAT DEFECTS WILL BE CORRECTED IN A TIMELY MANNER OR AT ALL; (f) THAT ANY OF
THE FEATURES OR FUNCTIONALITY ASSOCIATED WITH THE SOFTWARE WILL BE AVAILABLE AT
ANY GIVEN TIME OR FOR ANY DURATION; (g) THAT ANY THIRD PARTY SOFTWARE IS OR WILL BE
COMPATIBLE WITH THE SOFTWARE; (h) THAT THE SOFTWARE, IN WHOLE OR IN PART, WILL
MEET USERS REQUIREMENTS; (i) THAT THE LICENSED PRODUCTS ARE FAULT-TOLERANT OR ARE
FOR USE IN CRITICAL APPLICATIONS; OR (j) THAT LICENSEES USE OF THE SOFTWARE WILL BE
FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER
SECURITY INTRUSION. THIRD WAVE, ITS AFFILIATES, CONTRACTORS, LICENSORS, AND EACH OF
THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND REPRESENTATIVES
HEREBY DISCLAIM ANY AND ALL SUCH WARRANTIES, EXPRESS AND IMPLIED.

11. EXCLUSIVE REMEDIES. For any breach of the warranties contained in Article 9 above, Third
Waves entire liability, and LICENSEEs sole and exclusive remedy, shall be limited, at Third
Waves sole discretion, to: (a) repair, correction, or work-around for the non-conforming Licensed
Products, (b) replacement of any defective media that does not meet the limited warranty, or (c)
refund to LICENSEE the fees paid to Third Wave for the use of the Licensed Products, or affected
portion thereof, during the period that such program was not in compliance with the warranty.

12. INDEMNIFICATION. Third Wave shall defend LICENSEE from claims by a third party that the
Licensed Products infringe any United States copyright, patent or trade secret rights of such third party
and shall pay all direct damages and costs (including reasonable attorneys fees) finally awarded against
LICENSEE on such claim by a court of competent jurisdiction if: (i) LICENSEE notifies Third Wave
promptly of the existence of any claim; (ii) LICENSEE gives Third Wave full control of any litigation or
settlement; (iii) LICENSEE provides Third Wave with reasonable information and assistance requested
by Third Wave in connection with the defense and settlement of such claim; and (iv) LICENSEE complies
with Third Waves direction to cease using any Licensed Products that, in Third Waves judgment, is likely
to be ruled an infringement of a third partys proprietary rights. In the event such a court issues a final
non-appealable order enjoining use of a Licensed Product based on such a claim, Third Wave shall, at no
expense to LICENSEE, either: (a) procure for LICENSEE the right to continue to use the Licensed Product,
or (b) provide LICENSEE with a non-infringing version of the Licensed Product with substantially similar
functionality, or (c) if neither (a) nor (b) are financially practicable, accept return of the Licensed Product and
refund the pro-rata unamortized License Price paid by LICENSEE, assuming a seven (7) year life. Third
Wave shall have no liability, including any indemnification obligations, as to claims arising
from or relating to: (x) any version, modification or adaptation of a Licensed Product by LICENSEE or a
third party, if the claim would have been avoided by use of the current unaltered release of such
Licensed Product; (y) a combination, operation or use of a Licensed Product with any product,
equipment or software not provide by Third Wave; or (z) LICENSEEs failure to use the computer
programs in accordance with the associated documentation or this Agreement. This Section states Third
Waves exclusive liability under any claim relating to infringement of intellectual property rights.

13. LIMITATION OF LIABILITY. THIRD WAVES MAXIMUM, CUMULATIVE LIABILITY FOR ANY AND ALL
CLAIMS RELATING TO OR ARISING OUT OF THIS AGREEMENT, REGARDLESS OF FORM OR LEGAL THEORY,
SHALL NOT EXCEED ALL AMOUNTS PAID TO THIRD WAVE HEREUNDER IN THE IMMEDIATELY
PRECEDING 12-MONTH PERIOD AND FOR ANY CLAIM OR SERIES OF CLAIMS ARISING OUT OF THIS
AGREEMENT, THIRD WAVES LIABILITY SHALL NOT EXCEED THE PRICE OR FEE CHARGED BY THIRD
WAVE FOR THE PARTICULAR PRODUCT OR SERVICE INVOLVED IN THE IMMEDIATELY PRECEDING 12-
MONTH PERIOD. IN NO EVENT WILL THIRD WAVE OR ITS AFFILIATES, SUPPLIERS OR DISTRIBUTORS BE
LIABLE FOR LOST PROFITS OR SAVINGS, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE
DAMAGES A R I S I N G O U T O F T H E P E R F O R M A N C E O R NONPERFORMANCE OF THIS AGREEMENT,
EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NO ACTION ARISING OUT OF THIS
AGREEMENT MAY BE BROUGHT BY LICENSEE MORE THAN ONE (1) YEAR AFTER THE CAUSE OF ACTION
HAS ACCRUED.

14. TERM; TERMINATION. This Agreement shall commence on the Effective Date and shall remain in effect
for the duration of the term unless earlier terminated as provided herein. Third Wave, at its option, shall have
the right to terminate this Agreement upon the occurrence of any one of the following events: (i) LICENSEE
intentionally destroys all or part of the Licensed Products; (ii) LICENSEE fails to comply with any term or
condition of this Agreement; or (iii) LICENSEE becomes insolvent, files a petition for protection under
any foreign or United States bankruptcy provision, or becomes the subject of an involuntary bankruptcy
petition which is not dismissed within sixty (60) days, unless within thirty (30) calendar days after written
notice of such default, LICENSEE remedies the default, or, in the case of a default which cannot with due
diligence be cured within a period of thirty (30) calendar days, LICENSEE institutes within the thirty (30) day
period substantial steps necessary to remedy the default and thereafter diligently prosecutes the same to
completion. Notwithstanding the foregoing, Third Wave may immediately terminate this Agreement upon
notice to LICENSEE if LICENSEE uses the Licensed Products in a manner that exceeds the scope of the license
granted hereunder or breaches any of the terms and conditions of this Agreement. Upon the termination or
expiration of this Agreement, LICENSEE shall, at Third Waves sole election, destroy or return to Third Wave
the Licensed Products and any Confidential Information, together with all copies thereof and all related
materials, and the LICENSEE shall certify the same to Third Wave. Termination of this Agreement by either
Party: (a) shall not relieve LICENSEE of its obligations to pay any amounts then due Third Wave and shall not
entitle LICENSEE to a refund of any amounts paid under this Agreement; (b) shall not act as a waiver of any
breach of this Agreement; and (c) shall not act as a release of either Party from any liability for breach of such
Partys obligations under this Agreement. Neither Party shall be liable to the other for damages of any kind
solely as a result of terminating this Agreement in accordance with its terms. Neither Partys termination of
this Agreement, nor any remedy sought by either Party in connection with this Agreement, shall be without
prejudice to any other right or remedy that such Party may have at law or in equity. No termination of this
Agreement shall relieve either Party of breaches occurring prior to the effective date of such termination. The
provisions of 5 (Ownership and Proprietary Rights), 13 (Indemnification), 14 (Limitation of Liability), 15
(Term; Termination), 16 (Confidentiality), and 21 (General Provisions) shall survive the expiration or
termination of this Agreement.

15. CONFIDENTIALITY. Confidential Information means any and all information relating to the
trade secrets, operations, processes, plans, products, product information, prices, know-how, designs,
customer lists, market opportunities, transactions, affairs, data and/or business of Third Wave and/or
its customers, suppliers, clients or affiliated companies in or on any medium of format. Without limiting
the generality of the foregoing, all Licensed Products, any updates thereto, and all other materials
delivered to Licensee by Third Wave shall be deemed to be Confidential Information. LICENSEE shall
not use Confidential Information for any purpose other than in support of and in accordance with this
Agreement and shall not disclose Confidential Information to any person, except to its employees who
are subject to a nondisclosure obligation comparable in scope to this Article 15 and who have a need to
know such Confidential Information for the purpose of this Agreement and related internal purposes.
LICENSEE agrees to protect Third Waves Confidential Information at all times and in the same manner
as it protects the confidentiality of its own proprietary and confidential materials, but in no event with
less than a reasonable standard of care. LICENSEEs obligations of confidentiality as set forth in this
Article 15 shall survive the termination or expiration of this Agreement for a period of five (5) years.
Notwithstanding the foregoing, LICENSEE may use for any purpose or disclose any material or
information that it can demonstrate: (a) is or becomes publicly known through no act or fault of
LICENSEE; (b) is developed independently by LICENSEE without reference to Confidential Information;
(c) is known by LICENSEE when disclosed by Third Wave, and LICENSEE does not then have a duty to
maintain its confidentiality; or (d) is rightfully obtained by LICENSEE from a third party not obligated to
preserve its confidentiality who did not receive the material or information directly or indirectly from
Third Wave. LICENSEE also may disclose Confidential Information to the extent required by a court or
other governmental authority, provided that LICENSEE: (a) gives Third Wave advance written notice of
the disclosure; (b) uses reasonable efforts to resist disclosing the Confidential Information; (c)
cooperates with Third Wave on request to obtain a protective order or otherwise limit the disclosure;
and (d) as soon as reasonably possible, provides a letter from its counsel confirming that such
Confidential Information is, in fact, required to be disclosed. LICENSEE acknowledges and agrees that
its actual or threatened breach of this Article 15 would cause Third Wave irreparable injury for which it
would not have an adequate remedy at law. In the event of a breach or threatened breach, Third Wave
shall be entitled to seek injunctive relief in addition to all other remedies it may have at law or in
equity. Upon Third Waves request at any time or upon expiration or termination of this Agreement,
LICENSEE shall return all Confidential Information in its possession or under its control in accordance
with Third Waves directions and shall not thereafter retain any copies of Confidential Information of
Third Wave.

16. SBIR ACKNOWLEDGMENT. LICENSEE acknowledges that Third Wave asserts that all or a portion of
the Licensed Products were developed by Third Wave pursuant to an SBIR award and that the Licensed
Products are subject to the provisions of the Federal Acquisition Regulations (FAR) Part 52.227-20 and/or
the Department of Defense FAR Supplement (DFARS) Part 252.227-7018. LICENSEE agrees that it shall
reproduce, and shall cause its subsidiaries to reproduce, all copies of the Licensed Products (or any portion
thereof) with all SBIR data rights markings provided by Third Wave in accordance with FAR Part 52.227-
20(d) and/or DFARS Part 252.227-7018(f)(4). LICENSEE acknowledges that its failure to comply with this
Article 16 shall constitute a material breach of this Agreement.

17. FOR GOVERNMENT LICENSEES ONLY. The Licensed Products are commercial items as that
term is defined at FAR Part 2.101, consisting of commercial computer software and computer
software documentation as such terms are defined in DFARS Part 252.227-7014(a)(1) and DFARS Part
252.227-7014(a)(5), and used in FAR Part 12.212 and DFARS Part 227.7202, as applicable. Consistent
with FAR Part 12.212, DFARS Part 252.227-7015, DFARS Part 227.7202-1 through 227.7202-4, DFARS
Part 52.227-19, and other relevant sections of the Code of Federal Regulations, as applicable, the
Licensed Products are distributed and licensed to U.S. Government end users (a) only as commercial
items, and (b) with only those rights as are granted to all other end users pursuant to the terms and
conditions contained herein. The Licensed Products are provided with Restricted Rights, as such term is
defined in DFARS Part 252.227-7014(a)(14).

18. EXPORT. Under U.S. laws, Third Wave, is subject to regulations that prohibit or restrict (i) transactions
with certain parties, and (ii) the type and level of technologies and services that may be exported. These
laws include, without limitation, the U.S. Arms Export Control Act, the U.S. Export Administration Act, and
the U.S. International Economic Emergency Powers Act, and regulations issued pursuant to these statutes,
including the U.S. International Traffic in Arms Regulations (ITAR) and the U.S. Export Administration
Regulations (EAR).

As part of the express consideration provided for receipt of Licensed Products, LICENSEE, acknowledges that
the export, re-export or other transfer, directly or indirectly, Licensed Products in violation of U.S. law is
prohibited. Under U.S. law, customers acquiring goods (including software), technical data and/or services
from Third Wave shall be responsible for obtaining any necessary U.S. or other government authorization
required to ensure compliance with applicable export laws should they seek to export, re-export or
otherwise re-transfer controlled goods received from Third Wave.

For Licensed Products that are subject to the U.S. Arms Export Control Act, if a license or other authorization
for export is granted by the U.S. Government, it is valid for export only to the country specified in the
applicable license or other authorization, and only for use by the end user named in that license or other
authorization. The Licensed Products may not be transferred, transshipped or otherwise be disposed of in
any other country or provided to any other end user, either in their original form or after being incorporated
into other end items, without the prior written approval of the U.S. Department of State.

Licensed Products that are exported from the United States subject to U.S. Export Administration Act,
diversion contrary to U.S. law is prohibited.

19. AUDIT. LICENSEE shall keep accurate records of the location of installed copies of the Licensed
Products. LICENSEE shall permit Third Wave or its designee to have access, from time to time upon
reasonable advance notice to LICENSEE, to LICENSEEs relevant records and facilities to determine whether
LICENSEE is in compliance with the provisions of this Agreement; provided, however, such audit or
inspection shall be exercised so as not to interfere with the conduct of LICENSEEs operations. Audits will
be at the expense of Third Wave, unless the audit reveals a material breach of the Agreement by LICENSEE,
in which case the audit will be at the expense of LICENSEE. For the avoidance of doubt, a material breach
shall include exceeding the number of licensed users for any Licensed Product.
20. GENERAL PROVISIONS.

21.1 Notices. Any notice, request, demand, or other communication required or permitted hereunder
shall be in writing, shall reference this Agreement, and shall be deemed to be properly given: (a) when
delivered personally; (b) when sent by facsimile, with written confirmation of receipt; (c) seven (7) days
after having been sent by registered or certified mail, return receipt requested, postage prepaid; or (d) two
(2) business days after deposit with a nationally recognized private industry express courier (e.g., Federal
Express or DHL), with written confirmation of receipt. All notices shall be sent to the Contact set forth in the
Order Agreement.

21.2 Assignment. This Agreement may not be assigned, in whole or part, whether voluntarily, by
operation of law, or otherwise, by LICENSEE without the prior written consent of Third Wave. Subject to the
preceding sentence, the rights and liabilities of the Parties hereto are binding on, and shall inure to the
benefit of, the Parties and their respective successors and permitted assigns. Any attempted assignment
other than in accordance with this Section 21.2 shall be null and void.

21.3 Governing Law; Venue. This Agreement will be governed by and interpreted in accordance with the
laws of the State of Minnesota, without regard to its conflict of law provisions. This Agreement shall not be
governed by the United Nations Convention on Contracts for the International Sale of Goods. Any dispute
regarding this Agreement shall be subject to the exclusive jurisdiction of the state courts in and for
Hennepin County, Minnesota or, if there is federal jurisdiction, the United States District Court for the
District of Minnesota, and the Parties hereby irrevocably agree to submit to the personal and exclusive
jurisdiction and venue of such courts.

21.4 Construction. This Agreement has been negotiated by the Parties and their respective counsel. This
Agreement shall be interpreted fairly in accordance with its terms and without any construction in favor of or
against either Party.

21.5 Waiver. The failure or delay of Third Wave in enforcing any provision of this Agreement shall not be
deemed a waiver of the right of Third Wave to enforce that or any other provision of this Agreement.

21.6 Severability. If any provision of this Agreement is held by a court of competent jurisdiction to be
unenforceable for any reason, the remaining provisions hereof shall be unaffected and remain in full force
and effect as if this Agreement had been executed with the invalid portion eliminated, provided the
effectiveness of the remaining portions of this Agreement will not defeat the overall intent of the Parties. In
such a situation, the Parties agree, to the extent legal and possible, to incorporate a replacement provision
to accomplish the originally intended effect.

21.7 Relationship of the Parties. Nothing contained in this Agreement shall be deemed or construed as
creating a joint venture, partnership, agency, employment, or fiduciary relationship between the Parties.
Neither Party, nor either Partys agents, have any authority of any kind to bind the other Party in any
respect whatsoever, and the relationship of the Parties is, and at all times shall continue to be, that of
independent contractors.

21.8 Force Majeure. Neither Party shall have any liability to the other due to a delay or failure to perform
under this Agreement which results without fault or negligence on the part of the Party involved and which
is due to causes beyond its control including, without being limited to, acts of God or of the public enemy,
any preference, priority or allocation order issued by the state or federal government or any other act of
state or federal government, fires, floods, epidemics, quarantine restrictions, freight embargoes, and
unusually severe weather. Each Party shall promptly notify the other in writing of any such delay and the
cause thereof.

21.9 Captions and Section Headings. The captions and Section and paragraph headings used in this
Agreement are inserted for convenience only and shall not affect the meaning or interpretation of this
Agreement.

21.10 Counterparts. This Agreement may be executed in one or more counterparts, with the same effect
as if the Parties had signed the same document. Each counterpart so executed shall be deemed to be an
original, and all such counterparts shall be construed together and shall constitute one Agreement.

21.11 Amendments. No amendment or modification of any provision of this Agreement shall be effective
unless in writing and signed by a duly authorized signatory of Third Wave and LICENSEE.

21.12 Entire Agreement. This Agreement together with the Order Agreement constitutes the final,
complete and exclusive agreement between the Parties relating to the subject matter hereof, and
supersedes all prior or contemporaneous understandings and agreements relating to such subject matter,
whether oral or written.

21.13 No Third Party Beneficiaries. Terms of this Agreement will not be enforceable by or create any
right or cause of action for or on behalf of any person or entity other than Third Wave or LICENSEE, except
as otherwise provided herein.