Permitted Uses: 1. You may use the Software for Your own Personal or Commercial Use for the purposes of designing, developing, testing, and running Your applications ("Programs"). 2. An unlimited number of users within your enterprise may use the Software. All users must be your employees or contractors working on your behalf. 3. Subject to the terms and conditions of this Agreement, You may reproduce and distribute the Runtime Software, provided that: a. You distribute the Runtime Software complete and unmodified and only bundled as part of Your Programs, b. Your Programs add significant and primary functionality to the Runtime Software, c. You distribute the Runtime Software for the sole purpose of running your Programs, d. You do not distribute additional software intended to replace any component(s) of the Runtime Software, e. You do not remove or alter any proprietary legends or notices contained in or on the Runtime Software. f. You only distribute the Runtime Software subject to a license agreement that protects the interests of indie technonologies consistent with the terms contained in this Agreement, and g. You agree to defend and indemnify indie technologies and its licensors from and against any damages, costs, liabilities, settlement amounts and/or expenses (including attorneys' fees) incurred in connection with any claim, lawsuit or action by any third party that arises or results from the use or distribution of any and all Programs and/or Runtime Software. GENESIS FX ENTERPRISE LICENSE TERMS This distribution contains certain software and documentation, described in more detail in Exhibit "A" attached below (referred to as the "Software and Documentation"). The copyright owner is indie technologies, a Minnesota company ("Licensor"). This Enterprise License is a binding legal agreement between the individual who installs the software ("You") and the Licensor. THIS SOFTWARE AND DOCUMENTATION IS COPYRIGHTED AND THE OWNER OF THE COPYRIGHT CLAIMS ALL EXCLUSIVE RIGHTS TO SUCH SOFTWARE AND DOCUMENTATION, EXCEPT AS LICENSED TO USERS HEREUNDER AND SUBJECT TO STRICT COMPLIANCE WITH THE TERMS OF THIS LICENSE. As a condition for granting you the license to use the Software and Documentation, you agree to all of the following terms and conditions. You are deemed to have read, understand, and have accepted all such terms and conditions upon executing a program using the Software. If you fail to abide by any of the terms and conditions set forth herein, your license to use the Software and Documentation shall be immediately and automatically revoked, without any notice or other action by the Licensor. TERMS AND CONDITIONS 1. You are granted a non-exclusive license to use the Software and Documentation subject to Your compliance with all of the terms and conditions of this Enterprise License. 2. You may use the Software and Documentation on any computer that you own, lease or control. You may make one backup copy of the Software and Documentation for your own use to replace the primary copy in the event of hard-drive failure or other unavailability of the primary copy. The backup copy shall retain all copyright notices. 3. You are granted a license for the machine-readable, object code portion of the Runtime Software. You will not modify, enhance, reverse engineer or otherwise alter the Runtime Software from its current state. 4. You are granted a license for the source portion of the Development Examples and Development Unit Tests. You may modify, enhance and reverse engineer or otherwise alter the Development Examples and Development Unit Tests subject to the terms and conditions described in the source files. 5. You may use the Software and Documentation for multiple users or on a local area network including but not limited to your source control system. All users must be your employees or contractors working on your behalf. 6. You may not distribute, copy, publish, assign, sell, bargain, convey, transfer, pledge, lease or grant any further rights to use the Software and Documentation. 7. You will not have any proprietary rights in and to the Software and Documentation. You acknowledge and agree that the Licensor retains all copyrights and other proprietary rights in and to the Software and Documentation. 8. Your license to use the Software and Documentation shall be revocable by the Licensor upon written notice to you. This license shall automatically terminate upon your violation of the terms hereof or upon your use of the Software and Documentation beyond the scope of the license provided herein. 9. Use within the scope of this license is contingent upon a license fee. No support or royalty fees shall be payable by you. Use beyond the scope of this license shall constitute copyright infringement. 10. This license shall be effective and bind you upon installing and executing a program using the Runtime Software. 11. You accept the Software and Documentation on an "AS IS" and with all faults basis. No representations and warranties are made to you regarding any aspect of the Software and Documentation. 12. ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, ARE HEREBY EXCLUDED. THE LICENSOR AND THEIR LICENSORS SHALL NOT BE LIABLE FOR ANY DAMAGES SUFFERED BY YOU AS A RESULT OF USING OR MODIFYING THE SOFTWARE AND DOCUMENTATION OR ITS DERIVATIVES. IN NO EVENT WILL THE LICENSOR OR THEIR LICENSORS BE LIABLE FOR ANY LOST REVENUE, PROFIT OR DATA, OR FOR DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT OF THE USE OF OR INABILITY TO USE SOFTWARE, EVEN IF THE LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 13. This Enterprise License shall be interpreted under the laws of the State of Minnesota. You agree that all controversies pertaining to the software and/or this Enterprise License shall be brought in the courts of Scott County, State of Minnesota. You hereby submit to the jurisdictions of such court. However, federal courts located in the state of Minnesota shall have jurisdiction over copyright claims brought by the Licensor and you hereby submit to the jurisdiction of federal court located in the State of Minnesota. 14. Licensor's failure to enforce any rights hereunder or its copyright in the Software and Documentation shall not be construed as amending this agreement or waiving any of Licensor's rights hereunder or under any provision of state of federal law. 15. The Software and Documentation is not designed or intended for use in on-line control of aircraft, air traffic, aircraft navigation or aircraft communications; or in the design, construction, operation or maintenance of any nuclear facility. Licensee represents and warrants that it will not use the Software and Documentation for such purposes. EXHIBIT "A" SOFTWARE AND DOCUMENTATION DESCRIPTION A.1. Genesis FX, Java3D Edition Software ("Software") A.1.a Development Examples (contents of examples folder) ("Development Examples") A.1.b Runtime binaries (contents of runtime folder) ("Runtime Software") A.2 Genesis FX, Java3D Edition Documentation ("Documentation") A.2.a User's Guide (genesis fx users guide.pdf) A.2.b Installation Guide (genesis fx installation guide.pdf) A.2.c Javadoc (contents of the javadoc folder) A.2.d Beandoc (contents of the beandoc folder)