End-User License Agreement

This End-User License Agreement (the Agreement) is between You and Flow Science, Inc., a New
Mexico corporation ("Licensor"). This Agreement authorizes You, on a nonexclusive and
nontransferable basis, to use a copy of FLOW-3D Cast (the "Code") and related documentation subject
to the terms and conditions set out in this Agreement. By installing the Code, you are signifying Your
agreement to the terms of this Agreement.

1. The Code is licensed to You on the basis of commercial terms specified in an agreement
between Licensor and You (or the entity that has authorized Your use of FLOW-3D Cast for your work,
research or study). Said agreement governs such terms as number of licenses for the FLOW-3D Cast
solver, price, license term, right to technical support and upgrades and so on.

IF YOU ARE AN ACADEMIC USER, YOU AGREE TO RESTRICT YOUR USE OF THE CODE
STRICTLY TO TEACHING, TO ACADEMIC AND/OR UNSPONSORED RESEARCH, OR TO
SPONSORED RESEARCH THAT CAN AND WILL BE FREELY PUBLISHED WITH NO
PROPRIETARY RESTRICTIONS.

2. InconnectionwiththeLicensegrantedherein,Licensorwillissueto Licensee one or more

electroniclicensefileswhichshallbetiedtoeitheraFLEXlmdongleortotheEthernetaddressofa
designatedserver. Such license files will contain multiple licenses for the Codes preprocessor and
postprocessor, and a number of licenses for the Codes solver module (known as solver tokens) that is
consistent with the commercial terms of the agreement between Flow Science and You (including any
subsequent acquisitions of additional licenses). You agree that the number of simultaneous simulations
using the Codes solver module shall not exceed the number of Keys licensed to You.

3. If arrangements for technical support have been made, only a person designated as a
Registered User, or persons who have attended a FLOW-3D Training Class, will be entitled to
contact Licensor to seek technical support. Licensor may provide technical support via telephone, e-
mail, fax, and/or mail to the You during the License period.

If You are an academic user, technical support is limited to the following: (a) Licensor will provide User
with software upgrades when they become available; (b) Licensor will assist in installation of the code
and will answer questions about how to use the input variables to implement the various models in
FLOW-3D Cast; (c) at its option, Licensor will analyze results that appear obviously incorrect because
they dont seem to reproduce simple analytical results or expected conservation laws; (d) Licensor will
also provide access to a number of subroutines to allow users to implement small changes to FLOW-
3D Cast, including boundary conditions and material properties; (e) Licensor will not assist in the
making of revisions or customizations to the Code.

4. This Code, FLOW-3D Cast, and its documentation are the property of Flow Science, Inc.
You recognize that the Code is subject to the copyright laws of the United States of America and
embodies technology, methods, algorithms, trade secrets, trademarks, and service marks that are
proprietary to the Licensor. No title to or ownership of the Code or any part thereof is hereby transferred
to You. You acknowledge that, by virtue of this Agreement, You acquire only the right to use the Code
pursuant to the terms of this Agreement. You agree to take all necessary action to protect the
confidential and proprietary information in the Code, including appropriate instruction and agreement
with its employees, to avoid the disclosure of the contents of the Code to any other person, firm, or
corporation, and to treat the Code with the same degree of care that it provides its own confidential
information. Due credit must accompany presentation of Your calculated results.

You, your employees, agents or representatives: (i) shall not sell, assign, distribute, nor market
the Code or any portions thereof without prior written consent of Licensor; (ii) shall not copy the Code
(except for one archival copy for backup purposes), but You may reproduce related documentation; or
(iii) shall not decompile, disassemble, or otherwise reverse engineer the Code. Use, duplication, or
disclosure of the Code is restricted under the conditions of this Agreement and/or the provisions of FAR
52.227 and DFARS 252.227-7013, as may be amended or superseded.

No sublicensing, assignments of rights or interest, or delegation of duties under this agreement

shall be made or become effective without the prior written consent of Licensor. This prohibition of
sublicensing, assignment, and delegation extends to all sublicensing, assignments and delegations that
may be lawfully prohibited by this Agreement. Any attempt at sublicensing, assignment, or delegation
without the prior written consent of Licensor shall be wholly void and ineffective for all purposes.

5. At the termination of the license, You will return or destroy all copies of the Code, in any
form, in its possession. If You elect to destroy all copies of the Code, You shall provide Licensor with a
certificate attesting to the destruction.

6. The Licensor warrants that it has the right to grant to You a license and warrants that the Code
does not infringe third party intellectual property rights. Licensor shall indemnify and hold You
harmless from and against any claim of infringement of a United States patent or copyright based upon
the Code, provided You gives Licensor prompt notice of and the opportunity to defend any such claim.
Licensor shall have the right to settle such claim or, at Licensors option, provide You: (i) a paid-up
license; (ii) substitute functionally equivalent software; or (iii) a refund of a pro rata portion of the
license fee paid for the Code.

7. The warranty and the obligation and liability of Licensor expressed in the Agreement are in
lieu of, and YOU HEREBY WAIVE, ALL OTHER GUARANTEES AND WARRANTIES OR
OBLIGATIONS AND LIABILITIES OF LICENSOR HEREUNDER, EXPRESSED OR IMPLIED,
ARISING BY LAW OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY IMPLIED
WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY AND ALL
OBLIGATIONS AND LIABILITIES WITH RESPECT TO USE OF THE CODE OR USE OF
RESULTS AND DATA DERIVED FROM SUCH USE, LOSS OF USE, DATA, REVENUE, OR
PROFIT, OR INDIRECT, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES. You agree that
the obligations of Licensor as set forth herein shall constitute the sole remedy for a claim relating in any
way to the Code provided under this Agreement. The liability of Licensor shall in all cases be limited to
the purchase price of the Code.

8. Licensor regards software piracy as a crime, and views offenders accordingly. Licensor does
not tolerate the piracy of its products, and pursues (both civilly and criminally) those who do so using all
legal means available, including public and private surveillance resources. As part of these efforts,
Licensor utilizes data monitoring and scouring technologies to obtain and transmit data on users of
illegal copies of its software. This data collection is not performed on users of legally licensed software
from Licensor and its authorized distributors. If You are using an illegal copy of our software and do not
consent to the collection and transmission of such data (including to the United States), cease using the
illegal version and contact Licensor to obtain a legally-licensed copy.

9. The parties exercise of, or failure to exercise, any right, remedy, or privilege under this
Agreement will not constitute a waiver of any rights of that party under this Agreement.

10. A determination that any provision of this Agreement is invalid, illegal, or unenforceable
shall not affect the enforceability of any other provision.

11. This Agreement shall terminate immediately upon Your failure to conform to any term,
condition, or restriction of this Agreement; and Licensor shall have the immediate right, without notice,
to repossess the Code, any copies thereof and all related documentation. All sums paid pursuant to the
Agreement shall be retained by Licensor as liquidated damages as damages cannot be reasonably
ascertained. In addition, Licensor shall have all other remedies and damages available to it in law or
equity. Licensor is entitled to reimbursement from You for any expenses, legal fees, and/or court costs
incurred in the enforcement of its rights hereunder or in the collection of damages.

12. Licensor reserves the right, without limitation, and without obtaining prior approval from or
notice to You, to make changes in and to the Code.

13. This Agreement shall be governed by and construed in accordance with the laws of the
United States and the State of New Mexico, as applied to agreements entered into and to be performed
entirely within New Mexico between New Mexico residents without reference to conflict of laws. This
Agreement and the performance of the Parties required hereunder shall not be governed by or otherwise
subject to the United Nations Convention for the International Sale of Goods. Any civil suit or
proceeding relating to this agreement shall be brought only in U.S. Federal District Court or State
District Court within the State of New Mexico, and each of the Parties consent to the personal
jurisdiction and venue of such courts. Judgment upon any award made in such proceeding may be
entered and enforced in any court of competent jurisdiction.

14. Licensor shall not be liable or in default under this Agreement for failing to perform if such
failure results from acts of God or other reasonable causes beyond the control of Licensor.

15. Absent Licensors express written acceptance thereof, terms and conditions contained in any
purchase order or other communication --whether oral or written-- issued by You for the Code, other
than the quantity or classification of the Code ordered, shall not be binding on Licensor to the extent that
such terms and conditions are additional to or inconsistent with those contained in this Agreement. Any
modifications to this Agreement must be in writing and signed by authorized representatives of both
parties.