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DETAIL MANAGER PLUS END USER LICENSE AGREEMENT CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS. THESE TERMS AND CONDITIONS ARE ACCEPTED BY DOWNLOADING THIS PRODUCT AND/OR CLICKING ON "I ACCEPT" BELOW. Please read the following terms and conditions before using Detail Manager PLUS software (the "Software") provided by Mill Creek Systems, Inc. ("Mill Creek"). If you do not agree with these terms, do not install or use the Software. 1. LICENSE GRANT. Mill Creek Systems, Inc. grants to you a non-exclusive license to use the Software as described below. 1.1 You may: 1.1.1 use the Software on any number of computers, 1.1.2 load the Software on individual computers or central server(s); 1.1.3 copy the Software without modification for distribution to third parties free of charge; and 1.1.4 copy the Software for archival purposes, provided any copy must contain all of the original Software's proprietary notices. 1.2 You may not: 1.2.1 modify, translate, reverse engineer, decompile, disassemble (except to the extent applicable laws specifically prohibit such restriction) or create derivative works based on the Software; 1.2.2 copy the Software other than as specified above; 1.2.3 rent, lease, grant a security interest in, sell, or otherwise transfer rights to the Software; or 1.2.4 remove any proprietary notices or labels on the Software. 1.2.5 compile and/or distribute the digital images, videos, graphic elements for commercial gain. 2. "AS IS" WARRANTY. 2.1 THE SOFTWARE AND THE SERVICES ARE PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF PERFORMANCE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. 2.2 More specifically, Mill Creek does not warrant that the functions included in the Software or the Services will meet your requirements or that the operation of the Software or the Services will be uninterrupted or error free. Mill Creek does not warrant that files or data sent by or to you will be transmitted in uncorrupted form or within a reasonable period of time. Mill Creek does not warrant the accuracy of the data, and bears no liability for missing or unavailable data. You bear the entire risk as to the use, quality and performance of the Software and the Services. 2.3 Some jurisdictions do not allow the exclusion or limitation of implied warranties, so the above exclusions or limitations may not apply to you. 3. TITLE. Title, ownership rights, and intellectual property rights in the Software, the data displayed by the Software, and the Services shall remain in Mill Creek and/or its licensors. The data, Software and Services are protected by various copyright laws and treaties. Title and related rights in the data and Services are the property of the applicable content owner(s) and may be protected by applicable law. This License gives you no rights to such content. 4. TERMINATION. The license will terminate automatically if you fail to comply with the limitations described herein or if the Services are terminated or expire. On termination of this license, you must destroy all copies of the Software in your possession or control. 5. EXPORT CONTROLS. THE SOFTWARE AND ANY UNDERLYING TECHNOLOGY MAY NOT BE EXPORTED OUTSIDE THE UNITED STATES IN A MANNER THAT IS PROHIBITED BY APPLICABLE EXPORT LAWS AND REGULATIONS. BY DOWNLOADING OR USING THE SOFTWARE OUTSIDE THE UNITED STATES, YOU ASSUME RESPONSIBILITY FOR COMPLIANCE WITH THE FOREGOING. 6. LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL Mill Creek OR ITS LICENSORS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF Mill Creek SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY TO THE EXTENT, BUT ONLY TO THE EXTENT, APPLICABLE LAW PROHIBITS SUCH LIMITATION. FURTHERMORE, SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU. 7. HIGH RISK ACTIVITIES. The Software is not fault-tolerant and is not designed, manufactured or intended for use or resale as on-line control equipment in hazardous environments requiring fail-safe performance, such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines, or weapons systems, in which the failure of the Software could lead directly to death, personal injury, or severe physical or environmental damage ("High Risk Activities"). Mill Creek and its licensors specifically disclaim any express or implied warranty of fitness for High Risk Activities. 8. U.S. GOVERNMENT RESTRICTED RIGHTS. Use, duplication or disclosure by the Government is subject to restrictions set forth in subparagraphs (a) through (d) of the Commercial Computer-Restricted Rights clause at FAR 51.227-19 when applicable, or in subparagraph (c) (1) (ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013, or at 252.211- 7015, as applicable, and in similar clauses in the NASA FAR Supplement. Contractor/manufacturer is Mill Creek Systems, Inc., 3233 N. Arlington Heights Rd., Suite 100, Arlington Heights, IL 60004. 9. THIRD-PARTY SOFTWARE. Installation and use of any plug-ins or other third-party software are subject to the terms and conditions of any licenses distributed with or relating to such plug-ins or third-party software. 10. AMENDMENT. Mill Creek may, in its sole discretion, change, modify, add or remove portions of this license at any time. Mill Creek may notify you of any such changes by posting notice of such changes on the Mill Creek Systems, Inc. Web site(s) or sending notice via e-mail, postal mail or other means. Your continued use of the Service following notice of such change shall be deemed to be your acceptance of any such modification. If you do not agree to any such modification, you must immediately stop using the Software and the Services. 11. MISCELLANEOUS. This Agreement represents the complete agreement concerning the subject matter hereto. If any provision of this Agreement is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable. This Agreement shall be governed by Illinois law (except for conflict of law provisions). The application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded. By using this software program (the "Software") you agree to be bound by all the terms and conditions of this license agreement. THIS SOFTWARE IS LICENSED "AS IS." MILL CREEK MAKES NO WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY OF FITNESS FOR A PARTICULAR PURPOSE, REGARDING THE SOFTWARE. MILL CREEK DOES NOT WARRANT, GUARANTEE OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SOFTWARE IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, CURRENTNESS OR OTHERWISE. THE ENTIRE RISK AS TO RESULTS AND PERFORMANCE OF THE SOFTWARE, AND ITS INTERACTION WITH OTHER EQUIPMENT OR SOFTWARE OWNED OR USED BY YOU, IS ASSUMED BY YOU. THE EXCLUSION OF IMPLIED WARRANTIES IS NOT PERMITTED BY SOME STATES. THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT WILL MILL CREEK, AND ITS DIRECTORS, OFFICERS OR AGENTS (COLLECTIVELY MILL CREEK SYSTEMS, INC.) BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OR THE INABILITY TO USE THE SOFTWARE EVEN IF AVEO INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. Mill Creek's liability to you for actual damages from any cause whatsoever, and regardless of the form of action (whether in contract, tort (including negligence), product liability or otherwise), will be limited to $0.