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Go Live License Agreement

This Software FX Go Live Supplemental License Agreement ("Go Live License") is an addendum to the Chart FX for WPF License Agreement (provided separately) and is entered into by and between Software FX, Inc. ('software FX"), a Florida corporation, and the individual or entity who agrees and accepts the following terms and conditions by executing this Go Live License (such individual or a single entity referred to in this Go Live License as "Recipient" or "You"). This Go Live License is effective as of the later of the two signature dates below ("Effective Date"). UNLESS SIGNED BY BOTH PARTIES, THIS GO LIVE LICENSE DOES NOT GRANT ANY RIGHTS TO YOU. Recipient has accepted the Chart FX for WPF pre-release software ("Pre-Release Software") from Software FX subject to license agreements accompanying the Pre-Release Software ("License Agreement"). The License Agreement may include provisions that restrict Recipient's use of the Pre-Release Software in a live production environment and/or distribution of Recipient applications built using the Pre-Release Software. Recipient wishes to pay licensing fees according to Software FX pricing for Pre-Release Software and have the option, at Recipient's sole discretion, of using the Pre-Release Software to (a) deploy applications built with such Pre-Release Software in a live internal production environment, and/or (b) deploy or distribute for use by third parties certain applications created with the Pre-Release Software. Software FX and Recipient agree as follows:

1. TIME SENSITIVE SOFTWARE. PORTIONS OF THE PRE-RELEASE SOFTWARE MAY BE DESIGNED TO CEASE FUNCTIONING ON SPECIFIC DATES. NOTICE OF EXPIRATION WILL NOT BE GIVEN, SO RECIPIENT WILL NEED TO PLAN FOR THE EXPIRATION DATE PRIOR TO SUCH EXPIRATION, AND MAKE A COPY OF AND REMOVE DATA THAT RECIPIENT MAY WISH TO USE IN THE FUTURE.
2. Internal Production Use. Subject to the terms of this Go Live License and upon payment of Software FX licensing fees, Recipient may, at its sole discretion and risk, use the Pre-Release Software in a live production environment solely for internal purposes, provided that Recipient takes adequate precautionary measures to back up and protect Recipient's data.
3. External Deployment of Applications. 3.1 Subject to Recipient's compliance with the terms and conditions of this Go Live License and upon payment of Software FX licensing fees, Recipient may, at Recipient's sole discretion and risk, distribute Recipient's applications that were developed using Pre-Release Software to third parties. 3.2 If Recipient elects to exercise the rights under Section 3.1 above with respect to Recipient's applications ("Applications"), Recipient shall in addition to its compliance with the other requirements described in this Go Live License, comply with the following: (a) Recipient shall pay all Software FX applicable fees under the Software License Agreement. (b) Recipient shall include in such Applications a notice to its users that the Application relies on pre-release, time sensitive, unsupported software that may not operate correctly; (c) Recipient shall not use Software FX's name, logo, or trademarks to market its Applications; and (d) Recipient will not make any representation, warranty, or promise on behalf of Software FX or with respect to the Applications or performance thereof.
4. Reservation of Rights. Recipient's rights under this Go Live License are expressly conditioned upon Recipient's compliance with each of the provisions described herein. Except as expressly set forth in this Go Live License, all other terms and conditions of the License Agreements shall remain in full force and effect. All rights not expressly granted herein are reserved by Software FX.
5. Updates; Subsequent Releases. 5.1 In the event that Software FX makes bug fixes, security fixes or other error corrections to the Pre-Release Software available (collectively, "Updates"), such Updates shall be deemed included in the defined term "Pre-Release Software" and subject to the terms and conditions of this Go Live License. Recipient agrees to use commercially reasonable efforts to install such Updates for purposes of updating the applicable Pre-Release Software. 5.2 Recipient expressly acknowledges and agrees that the Pre-Release Software may change substantially prior to commercial release of the Pre-Release Software and Recipient's Applications may not work with subsequent releases of the Pre-Release Software. This Go Live License provides Recipient no rights with respect to subsequent pre-release or commercial versions, if any, of the Pre-Release Software.
6. No Support. Software FX is not obligated to provide maintenance, technical support, Updates or other support to Recipient or Recipient's users of the Applications. Recipient is solely responsible for updating its users, if needed, with versions of Applications that operate satisfactorily with subsequent releases (including the final commercial release) of the Pre-Release Software.
7. Indemnification. Recipient agrees to indemnify, hold harmless, and defend Software FX from and against any claims, allegations, lawsuits, losses and costs (including attorney fees), that arise or result from the exercise of any rights under this Go Live License or the use, deployment or distribution of Recipient's Applications.
8. PRERELEASE/TIME SENSITIVE CODE. THE PRE-RELEASE SOFTWARE CONTAINS TIME SENSITIVE AND PRERELEASE CODE THAT IS NOT AT THE LEVEL OF PERFORMANCE AND COMPATIBILITY OF A FINAL, GENERALLY AVAILABLE, PRODUCT OFFERING AND MAY NOT OPERATE CORRECTLY. RECIPIENT's EXERCISE OF ANY RIGHTS UNDER THIS GO LIVE LICENSE IS AT RECIPIENT's SOLE DISCRETION AND RECIPIENT ASSUMES ALL RESPONSIBILITY FOR AND RISK OF ANY AND ALL DAMAGES THAT MAY RESULT FROM OR IN CONNECTION WITH THE EXERCISE OF SUCH RIGHTS, INCLUDING WITHOUT LIMITATION THE LOSS OF ANY DATA OR OTHER CONTENT.
9. Go Live License Term & Termination: The term of this Go Live License shall become effective upon the Effective Date and shall terminate with respect to the Pre-Release Software for which you are exercising rights hereunder, upon the earlier of (i) thirty (30) days after commercial release of the respective Pre-Release Software, unless terminated earlier pursuant to notice by Software FX as provided in such License Agreement. or (ii) January 1, 2009 unless terminated earlier. Software FX may terminate this Go Live License in writing at any time, with or without cause. Upon the termination of this Go Live License, Recipient's rights hereunder shall immediately cease. Sections 4, 5.2, 6, 7, 8 and 10 shall survive any expiration or termination of this Go Live License. 10. Entire Agreement. Except as expressly set forth in this Go Live License, all use of the Pre-Release Software, including without limitation the Targets, is subject to the terms and conditions of the applicable License Agreement. This Go Live License, together with the License Agreements, constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior or contemporaneous oral or written communications, proposals, representations, understandings, or agreements not specifically incorporated herein. If any provision of this Go Live License is held to be void, invalid, unenforceable or illegal, the other provisions shall continue in full force and effect. IN WITNESS WHEREOF, Recipient has caused this Go Live License to be executed by its duly authorized representative.

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