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END-USER LICENSE AGREEMENT IMPORTANT, PLEASE READ THIS LICENSE CAREFULLY BEFORE USING THE SOFTWARE.

YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE AS SET FORTH HEREIN. This Haestad Methods, Inc. (HAESTAD METHODS) End-User License Agreement (Agreement) is a legal agreement between HAESTAD METHODS and YOU (either an individual or a single entity, such as a partnership, corporation, LLC, or other entity) for the HAESTAD METHODS software product contained in this package (SOFTWARE). The SOFTWARE includes computer software on associated media and printed materials, and may include on-line or electronic documentation. BY INSTALLING, COPYING, OR OTHERWISE USING THE SOFTWARE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE WITH THE TERMS OF THIS AGREEMENT, DO NOT INSTALL, COPY, OR USE THE SOFTWARE, AND PROMPTLY RETURN THE PACKAGE AND UNUSED SOFTWARE TO HAESTAD METHODS. GRANT OF LICENSE: HAESTAD METHODS hereby grants to YOU a non-exclusive license to use the SOFTWARE in accordance with the terms of this Agreement. HAESTAD METHODS reserves all rights not expressly granted herein. The SOFTWARE is licensed, not sold, from HAESTAD METHODS to YOU. HAESTAD METHODS retains ownership of the SOFTWARE and any and all authorized and unauthorized copies that YOU make of it. The different types of SOFTWARE licenses YOU may obtain are: an Individual User, Local Area Network (LAN), Wide Area Network (WAN), or an Academic Edition of said licenses. The type and number of users for each purchased license shall be designated in a ClientCare certificate or other written document sent to YOU from HAESTAD METHODS. Install shall mean loading the SOFTWARE into temporary memory, on a hard disk, or other permanent storage device of the computer. Install shall not mean loading the SOFTWARE on a network server for the sole purpose of distributing the SOFTWARE to other computers. INDIVIDUAL USER LICENSE: The SOFTWARE is licensed for use by one user at the original location, on a single computer. LAN LICENSE: The SOFTWARE is licensed for multiple users at one geographic location. SOFTWARE may be loaded on a single network server for the sole purpose of distributing SOFTWARE to other computers at the same geographic location. YOU must ensure that the number of concurrent users of the SOFTWARE does not exceed the number of users designated in your license. WAN LICENSE: The SOFTWARE is licensed for multiple users at multiple Branch Office location(s) as designated in your license. The Branch Office(s) may be in different geographic locations. SOFTWARE may be loaded onto a single network server for the sole purpose of distributing SOFTWARE to other computers. YOU must ensure that the number of concurrent users of the SOFTWARE does not exceed the number of users designated in your license. YOU may obtain licenses for additional Branch Offices not designated in the original WAN License by contacting HAESTAD METHODS. ACADEMIC EDITION LICENSE: In addition to the license restrictions of the Individual User, LAN, and WAN licenses, the Academic Edition license is granted for educational purposes only. Professional, commercial, or any other use not specifically granted herein is strictly prohibited under the terms of this Agreement. SOFTWARE ASSIGNMENT OR TRANSFER: This SOFTWARE license is not for resale, assignment, or transfer. This SOFTWARE is licensed for the sole use of the original licensee at the original location(s), as designated in accordance with this Agreement. RENTAL: YOU may not rent, lend, or lease the SOFTWARE. TERMINATION: Without prejudice to any other rights, HAESTAD METHODS may terminate this Agreement if YOU fail to comply with its terms and conditions. If HAESTAD METHODS notifies YOU in writing that it has terminated this Agreement, YOU agree to immediately destroy or return all copies of the SOFTWARE and all of its component parts. Any violation of usage restrictions, including but not limited to usage beyond the approved number of pipes, nodes, and/or number of users, constitutes a breach of this Agreement. It is a violation of this Agreement to employ, use, and/or enter any serial numbers, registration numbers, and/or product ID strings that HAESTAD METHODS has not supplied to YOU. Any breach or violation of this Agreement will result in the termination of this Agreement in addition to any other penalties or recourse available under applicable law. UPGRADES: If the SOFTWARE is an upgrade of an older HAESTAD METHODS software product, YOU

agree to destroy or return to HAESTAD METHODS all copies of the older HAESTAD METHODS software product within thirty (30) days of installing the upgrade. CUSTOMIZATIONS, ADD-ONS, AND EXTENSIONS: If HAESTAD METHODS creates or provides herewith or in future products, a modification of the software, in whole or in part, such as a customization, add-on, and/or extension of the software for a particular application, then this SOFTWARE agreement equally applies to such a modification, and by installing, copying or otherwise using the modification, YOU agree to be bound by the terms of this SOFTWARE agreement without further written notice. If YOU do not agree, then do not install, copy or use the modifications, and return the package and all unused software products to HAESTAD METHODS. CUSTOM APPLICATIONS: Custom Applications developed by YOU using the WaterObjects API set and redistributed for any commercial purpose shall incorporate the "Built using WaterObjects Technology" logo in the application's "About Box" and documentation, and subject to HMI's custom application guidelines, which shall be available upon request. INTELLECTUAL PROPERTY: The SOFTWARE is protected by copyright, trademark, and other intellectual property law in the United States of America and in other countries by international treaties. Therefore, YOU may not make or sell copies of the SOFTWARE, except that YOU may either (a) make one copy of the SOFTWARE solely for backup or archival purposes, and in so doing YOU must reproduce on such copy any HAESTAD METHODS copyright notice and any other proprietary legends that were on the original copy of the SOFTWARE, or (b) install the SOFTWARE on a single computer and keep the original copy solely for backup or archival purposes. YOU may not make or sell copies of the printed, electronic, or on-line materials accompanying the SOFTWARE. YOU may not reverse engineer, decompile, disassemble or create derivative works for, or competing products with, the SOFTWARE. WARRANTY: For a period of one (1) year after YOU receive this SOFTWARE (regardless of whether YOU use the SOFTWARE during the one year period), HAESTAD METHODS warrants that the media on which it is contained will not be defective. In the event that during this warranty period the media containing the SOFTWARE is defective, your sole remedy is to contact HAESTAD METHODS and HAESTAD METHODS in its sole discretion will (a) replace or repair the defective media or (b) refund your money upon your returning to HAESTAD METHODS the original and all copies of the SOFTWARE. DISCLAIMER OF WARRANTIES: EXCEPT FOR THE EXPRESS WARRANTY STATED ABOVE, THE SOFTWARE IS PROVIDED "AS IS" AND WITHOUT WARRANTIES AND CONDITIONS OF ANY KIND, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND NON- INFRINGEMENT. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE LIES WITH YOU. LIMITATIONS OF LIABILITY: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, HAESTAD METHODS SHALL NOT BE LIABLE FOR ANY DAMAGES TO YOU OR ANY OTHER PERSON OR ENTITY IN CONNECTION WITH THE USE OF THIS SOFTWARE. UNDER NO CIRCUMSTANCES WILL HAESTAD METHODS BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR OTHER DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE EVEN IF HAESTAD METHODS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL HAESTAD METHODS LIABILITY FOR ANY DAMAGES OR LOSS TO YOU OR ANY OTHER PARTY EXCEED THE PURCHASE PRICE PAID FOR THE ORIGINAL SOFTWARE. PAYMENTS MADE UNDER THIS AGREEMENT DO NOT INCLUDE ANY CONSIDERATION FOR ASSUMPTION OF RISK. DO NOT USE THIS SOFTWARE IN ANY WAY OR FOR ANY PURPOSE IF YOU DESIRE HAESTAD METHODS TO TAKE ANY LIABILITY FOR ITS USE. CONTROLLING LAW: This license shall be governed by and construed in accordance with the laws of the United States, and the laws of the State of Connecticut. If this SOFTWARE was acquired outside the United States, then local law may apply. If a court of competent jurisdiction finds any provision of this license or portion thereof, to be unenforceable, that provision of the license shall be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of this license shall continue in full force and effect. CONTACT US: If YOU have any questions or comments, please contact HAESTAD METHODS at the address listed in or on this or the accompanying material.

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