ATTENTION: USE OF THE SOFTWARE IS SUBJECT TO PORTAGE BAY MARINE, INC. SOFTWARE LICENSE TERMS SET FORTH BELOW. USING THE SOFTWARE INDICATES YOUR ACCEPTANCE OF THESE LICENSE TERMS. IF YOU DO NOT ACCEPT THESE LICENSE TERMS, YOU MAY RETURN THE SOFTWARE FOR A FULL REFUND. IF THE SOFTWARE IS BUNDLED WITH ANOTHER PRODUCT, YOU MAY RETURN THE ENTIRE UNUSED PRODUCT FOR A FULL REFUND.

In return for acquiring a license to use the software ("Software") and related documentation, you agree to the following terms and conditions:

1. License. This Agreement grants you, the Licensee, a license to: (a) use the Software on a single computer system or, in the case of a multi-user or networked system which permits access to the Software by more than one user at the same time, at a single working location; and (b) make one copy of the Software in machine readable form solely for back-up purposes provided you reproduce Portage Bay Marine, Inc. copyright proprietary legends.

2. Restrictions. You may not distribute copies of the Software to others or electronically transfer the Software from one computer to another over a network. You may not use the Software from multiple locations of a multi-user or networked system at any time. The Software contains trade secrets and in order to protect them you may not decompile, reverse engineer, disassemble, or otherwise reduce the Software to a human-perceivable form. YOU MAY NOT MODIFY, ADAPT, TRANSLATE, RENT, LEASE, LOAN, RESELL FOR PROFIT, DISTRIBUTE, NETWORK OR CREATE DERIVATIVE WORKS BASED UPON THE SOFTWARE OR ANY PART THEREOF.

3. Ownership of Software. As Licensee, you own the media upon which the software is recorded or fixed, but Portage Bay Marine, Inc. retains title and ownership of the Software recorded on the original media and all subsequent copies of the Software, regardless of the form or media in which or on which the original and other copies may exist. This license is not a sale of the Software or any copy.

4. Confidentiality. You agree to maintain the Software in confidence and to not disclose the Software to any third party without the express written consent of Portage Bay Marine, Inc.. You further agree to take all reasonable precautions to preclude access of unauthorized persons to the Software.

5. Term. This license is effective until January 1, 2045, unless terminated earlier. You may terminate the license at any time by destroying the Software (including the related documentation) together with all copies or modifications in any form. Portage Bay Marine, Inc. will have the right to terminate your license immediately if you fail to comply with any term or condition of this Agreement. Upon any termination, including termination by you, you must destroy the Software (including the related documentation) together with all copies or modifications in any form.

6. Limited Warranty. Portage Bay Marine, Inc. warrants only that the media upon which the Software is furnished will be free from defects in material or workmanship under normal use and service for a period of thirty (30) days from the date of delivery to you. Portage Bay Marine, Inc. DOES NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE OR DOCUMENTATION. THE FOREGOING STATES THE SOLE AND EXCLUSIVE REMEDIES PORTAGE BAY MARINE, INC. WILL PROVIDE FOR BREACH OF WARRANTY. EXCEPT FOR THE FOREGOING LIMITED WARRANTY, PORTAGE BAY MARINE, INC. MAKES NO WARRANTIES, EXPRESSED OR IMPLIED, AS TO NON-INFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Some states do not allow the exclusion of implied warranties or limitations on how long an implied warranty may last, so the above limitations may not apply to you. This warranty gives you specific legal rights and you may also have other rights which vary from state to state.

7. Limitation of Liability. IN NO EVENT WILL PORTAGE BAY MARINE, INC. BE LIABLE TO YOU FOR ANY SPECIAL DAMAGES, INCLUDING ANY LOST PROFITS, LOST SAVINGS, OR OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES, EVEN IF PORTAGE BAY MARINE, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. Some states do not allow the exclusion or limitation of special, incidental, or consequential damages, so the above limitation or exclusion may not apply to you.

8. Limitation of Remedies. Portage Bay Marine, Inc. entire liability and your exclusive remedy shall be: (a) the replacement of any media not meeting Portage Bay Marine, Inc. limited warranty which is returned to Portage Bay Marine, Inc.; or (b) if Portage Bay Marine, Inc. or its distributor is unable to deliver replacement media which is free of defects in materials or workmanship, you may terminate this Agreement by returning the Software and your money will be refunded.

9. Export. You acknowledge that the laws and regulations of the United States restrict the export and re-export of the Software. You agree that you will not export or re-export the Software or media in any form without the appropriate United States and foreign government approval.

10. U.S. Government Restricted Rights Legend for Units of the DoD. Use, duplication or disclosure by the Government is subject to restrictions as set forth in subparagraph c(1)(ii) of the Rights in Technical Data and Computer Software clause at 252.227.7013.

11. U.S. Government Restricted Rights Legend for Civilian Agencies. Use, reproduction or disclosure is subject to restrictions set forth in subparagraphs (a) through (d) of the Commercial Computer Software - Restricted Rights clause at 52.227-19 and the limitations set forth in Portage Bay Marine, Inc., Inc. is standard commercial agreement for this software. Unpublished - rights reserved under the copyright laws of the United States.

12. General. You acknowledge that you have read this Agreement, understand it, and that by using the software you agree to be bound by its terms and conditions. You further agree that it is the complete and exclusive statement of the agreement between Portage Bay Marine, Inc. and you which supersedes any proposal or prior agreement, oral or written, and any other communication between Portage Bay Marine, Inc. and you relating to the subject matter of this Agreement. No variation of the terms of this Agreement or any different terms will be enforceable against Portage Bay Marine, Inc. unless Portage Bay Marine, Inc. gives its express consent, including an express waiver of the terms of this Agreement, in a writing signed by an officer of Portage Bay Marine, Inc.. You assume full responsibility for the use of the Software and agree to use the Software legally and responsibly. This Agreement shall be governed by Washington law except as to copyright matters which are covered by Federal law. This Agreement is deemed entered into at Seattle, Washington by both parties. Should any provision of this Agreement be declared unenforceable in any jurisdiction, then such provision shall be deemed to be severable from this Agreement and shall not affect the remainder hereof. All rights in the Software not specifically granted in this Agreement are reserved by Portage Bay Marine, Inc..

Should you have any questions concerning this Agreement, you may contact Portage Bay Marine, Inc. by writing to: Portage Bay Marine, Inc. 2000 Westlake Avenue North #46, Seattle, Washington 98109

Portage Bay Marine, Inc. 6522 4th Ave NE #31, Seattle, Washington 98115

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YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.

THE SOFTWARE AND THE ACCOMPANYING DOCUMENTATION ARE PROTECTED BY UNITED STATES COPYRIGHT LAW AND INTERNATIONAL TREATY. UNAUTHORIZED REPRODUCTION OR DISTRIBUTION IS SUBJECT TO CIVIL AND CRIMINAL PENALTIES.