SOFTWARE LICENSE AGREEMENT This Software License Agreement ("License") is a legal agreement between you and Exploit Technologies Pte Ltd of 30 Biopolis Street #09-02, Matrix, Singapore 138671 ("Licensor"). Read it carefully before using the Software. It provides a license to use the Software and contains warranty and liability disclaimers. By selecting the download or install now button and by using the Software, you confirm your acceptance of the Software and agree to be bound by the terms of this License. If you do not agree to be bound by these terms, please refrain from using and uninstall the Software immediately from your computer. 1. License 1.1 The Licensor hereby grants you a non-exclusive license to use the following software: - GEL 2.0 ("the Software") supplied by the Licensor on the terms and conditions of this License. 1.2 The Licensor is the exclusive licensee of the Software developed by Bioinformatics Institute ('BII') and assigned to Agency for Science technology and Research ('A*STAR'). 1.3 Subject to the rights of the Third Party Authors as set out in Clause 9, you acknowledge that the copyright and all other rights in the Software remains with A*STAR. You further acknowledge that any breach by you of any term of condition of this License will cause damage and loss to A*STAR and BII and that both of them shall have a direct case of action against you by virtue of the Contract (Rights of Third Parties) Act (Cap. 53B) Rev Ed 2002. 2. Scope of License 2.1 This License permits you to: 2.1.1 use the Software only on computers that are under your direct control; 2.1.2 use the Software for non-profit research purposes only. 2.2 You shall not: 2.2.1 use the Software other than as permitted by this License; 2.2.2 use the Software on any computer, system or net-work which permits electronic access to the Software by more than one user at a time; 2.2.3 modify, adapt, merge, translate, decompile, disassemble, or reverse engineer the Software, except only to the extent that the applicable law provides that such cannot be prohibited; 2.2.4 use, sell, assign, rent, sub-license, loan, mortgage, charge or otherwise deal in any way in the Software or its accompanying documentation or any interest in them or under this License except as expressly provided in this License; and 2.2.5 remove any proprietary notice or labels on or used in connection with the Software. 2.3 You undertake to: 2.3.1 ensure that, prior to use of the Software by your employees or agents, all such parties are notified of this License and its terms; 2.3.2 reproduce and include our copyrights notice, disclaimers of warranties and exclusion of liabilities (including the Third Party Author's copyright notice as set out in Clause 9) on all and any copies of the Software. 3. Term 3.1 Unless terminated under the terms of this License, the License granted to you shall last for as long as you continue to use the Software. 3.2 This License shall terminate automatically if you fail to abide by any of its terms. 3.3 Upon termination of this License you shall destroy the Software and its accompanying documentation and shall erase all copies of the Software under your control and stored on any medium. 4. Warranty Disclaimer 4.1 The Software is provided to you on an "as-is" basis. You assume the entire risk as to the quality and performance of the Software. The Licensor provides no technical support or warranties for the Software. 4.2 The Licensor, BII and A*STAR jointly and severally disclaim all warranties and representations, whether express, implied or otherwise, including the warranties of merchantability or fitness for a particular purpose. Also, there is no warranty of non- infringement of third party intellectual property rights, or as to or quiet enjoyment. The Licensor does not warrant that the Software is error-free or will operate without interruption. 5. Exclusion/Limitation of Liability 5.1 Except in respect of personal injury or death caused directly by the negligence of the Licensor, in no event will the Licensor, BII or A*STAR be liable to you for any damages, including lost profits, lost savings, loss of data or any indirect, special, incidental or consequential damages arising out of the use of or inability to use the Software, whether grounded in tort (including negligence), strict liability, contract or otherwise even if the Licensor has been advised of the possibility of such damages. 5.2 Nothing in this License limits liability from fraudulent misrepresentation. 5.3 Notwithstanding anything to the contrary in this License, the total liability of the Licensor for any claim, loss or damage suffered by you under this License shall not exceed S$ 5,000/- 6. Indemnity 6.1 You agree to indemnify, hold harmless, and defend the Licensor, BII and A*STAR and their respective officers, employees, students, and agents against any and all claims for death, illness, personal injury, property damage, and improper business practices arising out of your use of Software. 6.2 You shall at all times comply, through insurance or self-insurance, with all statutory workers' compensation and employers' liability requirements covering any and all employees with respect to activities performed under this Agreement. 7. Your Statutory Rights This License gives you specific legal rights and you may also have other rights that vary from country to country. Some jurisdictions do not allow the exclusion of implied warranties or certain kinds of limitations or exclusions of liability, so the above limitations and exclusions may not apply to you. Other jurisdictions allow limitations and exclusions subject to certain conditions. In such a case the above limitations and exclusions shall apply to the fullest extent permitted by the laws of such applicable jurisdiction. If any part of the above limitations or exclusions is held to be void or unenforceable, such part shall be deemed to be deleted from this License and the remainder of the limitation or exclusion shall continue in full force and effect. 8. Export You will comply with all applicable laws, rules and regulations governing export of goods and information, including the laws of the countries in which the Software was created. In particular, you will not expert or re-export, directly or indirectly, separately or as a part of a system, the Software or other information relating thereto to any country for which an export license or other approval is required, without first obtaining such license or other approval. 9. Third Party Authors The Software was developed using, and incorporates source codes of a software program known as CUP Parser Generator the copyright to which is held by Scott Hudson, Frank Flannery and C. Scott Ananian ('Third Party Authors'). The rights to use the Software granted to you in this License is subject to the following terms and conditions imposed by the Third Party Authors as set out in the Third Party Authors' copyright notice which is reproduced below: - "Copyright Notice CUP Parser Generator Copyright Notice, License, and Disclaimer Copyright 1996-1999 by Scott Hudson, Frank Flannery, C. Scott Ananian Permission to use, copy, modify, and distribute the CUP Software and its documentation for any purpose and without fee is hereby granted, provided that the above copyright notice appear in all copies and that both the copyright notice and this permission notice and warranty disclaimer appear in supporting documentation, and that the names of the authors or their employers not be used in advertising or publicity pertaining to distribution of the software without specific, written prior permission. The authors and their employers disclaim all warranties with regard to the CUP Software, including all implied warranties of merchantability and fitness. In no event shall the authors or their employers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use or performance of the CUP Software." 10. Law This License, which constitutes the entire agreement between you and the Licensor relating to the software, is governed by Singapore law in all respects without reference to its conflict of laws rules. BII GEL End User License 1