LUIDIA, INCORPORATED END-USER LICENSE AGREEMENT YOU SHOULD CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS BEFORE USING THIS SOFTWARE. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT USE THE SOFTWARE. INTALLING OR USING THE SOFTWARE INDICATES THAT YOU AGREE TO AND ACCEPT THE TERMS OF THIS AGREEMENT.

LICENSE: Luidia, Inc. ("Luidia") grants you a non-exclusive license to use the software ("Software") and accompanying documentation ("Documentation") on any computer, provided that the Software is used only in connection with the eBeam™ product ("Product") you have obtained, subject to the terms and restrictions set forth in this Agreement. The Software is licensed, not sold.

You may use the Software solely for your own customary business or personal purposes and solely in connection with the Product. You may permanently transfer all of your rights under this Agreement only as part of a sale or transfer of the Product, provided you retain no copies, you transfer all of the Software and

Documentation (including all component parts, the media and printed materials, any upgrades, and this Agreement), AND the recipient agrees to the terms of this Agreement. If the Software is an upgrade, any transfer must include all prior versions of the Software. You may not make or have made, or permit to be made, any copies of the Software or portions thereof, except as necessary for backup or archive purposes in support of your use of the Software as permitted hereunder. You may not copy the Documentation. You may not attempt to alter, disassemble, decrypt or reverse engineer the Software. You may not lease or rent the Software.

PROPRIETARY RIGHTS: You acknowledge that the Software and Trademarks are proprietary to Luidia and its suppliers and that title and other intellectual property rights therein remain with Luidia and its suppliers. Except as stated above, this Agreement does not grant you any right to patents, copyrights, trade secrets, trademarks (whether registered or unregistered), or any other rights, franchises or licenses in respect of the Software or Trademarks. You may not adapt or use any
trademark or trade name which is likely to be similar to or confusing with that of Luidia or any of its suppliers or take any other action which impairs or reduces the trademark rights of Luidia or its suppliers.

CONFIDENTIALITY: You agree to hold the Software in confidence, disclosing the Software only to authorized users having a need to use the Software as permitted by this Agreement and to take all reasonable precautions to prevent disclosure to other parties.

REMEDIES AND TERMINATION: Unauthorized use, copying or disclosure of the Software, Trademarks or any breach of this Agreement will result in automatic termination of this license and will make available to Luidia other legal remedies. In the event of termination, you must destroy all copies of the Software and all of its component parts. All provisions of this Agreement relating to disclaimers of warranties, limitation of liability, remedies, or damages, and Luidia's proprietary rights shall survive termination.

LIMITED WARRANTY AND DISCLAIMER: Luidia warrants to the original purchaser ("Customer") for one (1) year from the date of original purchase from Luidia or its authorized retailer that the Software will perform in substantial conformance to the Documentation. Luidia warrants the media containing the Software against failure during the above warranty period. Luidia makes no warranty or representation that the Software will meet your specific requirements, that the operation of the Software will be uninterrupted or error free, or that all defects in the Software will be corrected.

EXCEPT FOR THE ABOVE EXPRESS LIMITED WARRANTY, LUIDIA MAKES AND YOU RECEIVE NO WARRANTIES OR CONDITIONS ON THE SOFTWARE, EXPRESS, IMPLIED, STATUTORY, OR IN ANY OTHER PROVISION OF THIS AGREEMENT OR COMMUNICATION WITH YOU, AND LUIDIA