Desiderata Software hereby grants to Licensee, a non-exclusive, non-transferable, royalty-free and limited license to use and reproduce the Blazix Software. Licensee may not sell, rent, loan or otherwise encumber or transfer the Software in whole or in part, to any third party.

Blazix Software is confidential and copyrighted. Title to the Software and all associated intellectual property rights is retained by Desiderata Software and/or its licensors. Licensee may not duplicate the Software other than for a single copy of the Software for archival purposes only. Licensee agrees to reproduce any copyright and other proprietary right notices on any such copy.

Except as otherwise provided by law, Licensee may not modify or create derivative works of the Blazix Software, or reverse engineer, disassemble or decompile binary portions of the Software, or otherwise attempt to derive the source code from such portions.

No right, title, or interest in or to the Software, any trademarks, service marks, or trade names of Desiderata Software or Desiderata Software's licensors is granted under this Agreement.

Licensee shall have no right to redistribute the Software.

Desiderata Software and its licensors are under no obligation to support the Software or to provide Licensee with updates or error corrections. If updates or error corrections are provided, they will be considered part of the Software, and subject to the terms of this Agreement.

Desiderata Software or its licensors may terminate this Agreement immediately if in their opinion the software may become the subject of a claim of infringement of a patent, trade secret or copyright.

Desiderata Software or its licensors may terminate this Agreement immediately should Licensee materially breach any of its provisions or take any action in derogation of their rights to the Confidential Information licensed to Licensee.

Upon termination or expiration of this Agreement, Licensee will immediately cease use of and destroy the Software and any copies thereof and provide a written statement certifying that Licensee has complied with the foregoing obligations.

Rights and obligations under this Agreement which by their nature should survive, will remain in effect after termination or expiration hereof.

THE SOFTWARE IS PROVIDED "AS IS". ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, ARE DISCLAIMED, EXCEPT TO THE EXTENT THAT SUCH DISCLAIMERS ARE HELD TO BE LEGALLY INVALID.

Licensee acknowledges that the Software may have defects or deficiencies which cannot or will not be corrected by Desiderata Software or its licensors. Licensee will hold Desiderata Software and its licensors harmless from any claims based on Licensee's use of the Software for any purposes, and from any claims that later versions or releases of the Software furnished to Licensee are incompatible with the Software provided to Licensee under this Agreement.

Any third party software that may interact with Blazix, is not in any way guaranteed or supported by Desiderata Software. Desiderata Software does not guarantee that this third party software will behave as expected, either alone or in conjunction with Blazix. The agreement between the Blazix licensee and the third party provider(s) is solely the responsiblity of the Blazix licensee and the third party provider(s) without involving Desiderata Software in any form.

Licensee shall not claim against Desiderata Software or its licensors for lost data, re-run time, inaccurate output, work delays or lost profits resulting from Licensee's use of the Software.

TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL DESIDERATA SOFTWARE OR ITS LICENSORS BE LIABLE FOR ANY LOST REVENUE, PROFIT, OR DATA OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, HOWEVER CAUSED, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT OF OR RELATED TO THE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. The foregoing limitations will apply even if the above stated warranty fails of its essential purpose.