SYNCHRON NETWORKS, INC. SOFTWARE LICENSE AGREEMENT PLEASE READ THIS SOFTWARE LICENSE AGREEMENT CAREFULLY. BY INSTALLING OR USING THE SOFTWARE, YOU ACCEPT AND AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT INSTALL OR USE THE SOFTWARE. This agreement (the "Agreement") is made between Synchron Networks, Inc., ("Synchron") and you, the customer ("Licensee"). The terms and conditions of this Agreement are intended by the parties as a final expression of their agreement with respect to the Licensed Product (as defined below) and may be contradicted only by a written agreement between the parties. In the absence of such an agreement, this Agreement shall constitute the complete and exclusive statement of the terms and conditions with respect to the Licensed Product and no extrinsic evidence whatsoever may be introduced in any proceeding, which may involve the Agreement. The Agreement governs any releases, revisions or enhancements to the Licensed Product Synchron may provide except as superseded by a new license. SECTION 1. LICENSED PRODUCT. For the purpose of this Agreement, Synchron Networks' licensed computer software program(s) distributed with this license and installed on equipment owned by or under control of Licensee will be referred to as the "Software" and, together with the supporting documentation for such Software, as the "Licensed Product." SECTION 2. LICENSE 2.1 Grant of License. Use of the Licensed Product is permitted only as provided in the applicable license provision, 1.2 or 1.3, below. 2.2 Trial License. Upon registration of Licensee as a trial user, Licensee is granted a license to Use the Software, in machine readable form only for a period of fourteen (14) days from the date of registration (the "Trial Period") in any role, on not more than one hundred (100) devices. Product registration can be completed and arrangements for an extended Trial Period or other modification of this license can be handled online at www.synchronnetworks.com/support. On or before the end of the Trial Period, Licensee shall either purchase a Production License or return or destroy all copies of the Licensed Product in its possession or control and cease all further use thereof. 2.3 Production License. Subject to payment of any applicable fee, Licensee is granted a nonexclusive, non-transferable license, without the right to sublicense, to install, store, load, execute and display (collectively, "Use") the Software, in machine readable form only, on the number and type of computers and in the roles specified in a written agreeement. Licensee may not Use the Licensed Product in providing computer processing services to commercial customers redistributing or reselling such services in support of other commercial enterprises or to consumers or other retail level end-users, unless such permission has been specifically granted by Synchron in writing. Licensee must reproduce each copy of the Software without modification, including therein all copyright and other proprietary notices that are on the original copy. 2.4 Documentation. During the term of any license granted herein, Licensee is granted an unlimited right produce physical copies of and use the documentation as needed to support its licensed Use of the Software. SECTION 3. GENERAL PROVISIONS. 3.1 Restrictions. Synchron Networks reserves any rights not expressly granted to Licensee and retains full title and full ownership rights in respect of the Licensed Product under the copyright laws and other legal protection of intellectual property under the laws of the United States or any other jurisdiction or under any federal, state, or foreign laws. Synchron is not obligated to provide and Licensee acquires no right of any kind with respect to any source code for the Software. Licensee agrees that it has no right whatsoever to modify the Software or any portion thereof in any manner. Licensee shall not, nor permit any third party to, reverse engineer, decompile, disassemble or otherwise reduce the Software to any other humanly perceivable form, and may not modify, adapt, rent, lease, loan or create derivative works based upon the Software or any part thereof. However, if Licensee is a European Community ("EC") resident, information necessary to achieve interoperability of such software with other programs within the meaning of the EC Directive on the Legal Protection of Computer Programs is available to you from Synchron upon written request. You agree to protect the Licensed Product from unauthorized copying or use. No right, title or interest to any trademarks, service marks or trade names of Synchron or its licensors is granted by this Agreement. 3.2 Export Law Assurances. Licensee shall not export or re-export, or allow the export or re-export of the Licensed Product or any copy, portion or direct product of the foregoing, in violation of the violate the Foreign Corrupt Practices Act of 1977 or the U.S. Export Administration Regulations, or any other export laws, restrictions, national security controls or regulations of the United States or other applicable foreign agency or authority. 3.3 Limitation of Remedies and Damages. LICENSEE’S SOLE AND EXCLUSIVE REMEDIES FOR SYNCHRON’S BREACH OF WARRANTY OR OTHER BREACH HEREUNDER SHALL BE (1) TO OBTAIN THE REPAIR, REPLACEMENT OR CORRECTION OF THE DEFECTIVE LICENSED PRODUCT TO THE EXTENT WARRANTED UNDER SECTION 12 (“WARRANTIES AND INDEMNITIES”) OR, IF SYNCHRON REASONABLY DETERMINES THAT SUCH REMEDY IS NOT ECONOMICALLY OR TECHNICALLY FEASIBLE, (2) TO OBTAIN AN EQUITABLE PARTIAL OR FULL REFUND OF AMOUNTS PAID WITH RESPECT TO THE DEFECTIVE LICENSED PRODUCT. IN NO EVENT WILL SYNCHRON OR ANY OF ITS LICENSORS, DIRECTORS, OFFICERS, EMPLOYEES OR AFFILIATES BE LIABLE TO LICENSEE UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT OR SPECIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION AND THE LIKE), WHETHER FORESEEABLE OR UNFORESEEABLE, OR FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS, TECHNOLOGY OR SERVICES, REGARDLESS OF THE BASIS OF THE CLAIM AND EVEN IF SYNCHRON OR A SYNCHRON REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. SYNCHRON'S CUMULATIVE LIABILITY FOR DAMAGES FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL BE LIMITED TO NO GREATER THAN THE AMOUNT OF MONEY PAID TO SYNCHRON FOR THE LICENSE OF THE SOFTWARE THAT CAUSED THE DAMAGES. NO ACTION MAY BE BROUGHT AGAINST SYNCHRON LATER THAN THE DATE OF THE ACT OR OMISSION ALLEGED TO CAUSE SUCH LIABILITY. 3.4 Nondisclosure. "Confidential Information" shall be defined to include Software, source code, object code, documentation and any proprietary tools, proprietary knowledge or proprietary methodologies disclosed by Synchron to Licensee under or relating to this Agreement. Licensee shall observe complete confidentiality with respect to the Confidential Information, and shall use its best efforts and take all reasonable steps to protect the Confidential Information from any use, reproduction, publication, disclosure, or distribution except as specifically authorized by this Agreement. Licensee shall promptly notify Synchron of any known unauthorized use or disclosure of the Confidential Information and will cooperate with Synchron in any litigation brought by Synchron against third parties to protect its proprietary rights. Licensee recognizes and agrees that there is no adequate remedy at law for a breach of this Section 3.4, that such a breach would irreparably harm Synchron and that Synchron is entitled to equitable relief (including, without limitation, injunctive relief) with respect to any such breach or potential breach, in addition to any other remedies available at law 3.5 Assignment. Licensee may not assign or transfer its rights and obligations under this Agreement, except to an acquiring company, without prior written approval by Synchron and any purported assignment or transfer without Synchron's consent shall be null and void. 3.6 Injunctive Relief. Licensee hereby expressly agrees that Synchron, in addition to any other rights or remedies which Synchron may possess, shall be entitled to injunctive and other equitable relief without having to post bond or other security to prevent a material breach or continuing material breach of this Agreement. 3.7 Software Supplied to the Government. The Software is a "commercial item," "commercial computer software" and/or "commercial computer software documentation." Consistent with DFAR section 227.7202 and FAR section 12.212, any use, modification, reproduction, release, performance, display, disclosure or distribution of the Software by the U.S. government shall be governed solely by the terms of this Agreement and shall be prohibited except to the extent expressly permitted herein. 3.8 Indemnity. Licensee agrees to indemnify, defend and hold Synchron and its directors, officers, employees, agents, representatives, licensees and affiliates (collectively, the "Synchron Indemnitees") harmless from any demand, claim, or damage, including reasonable attorneys' fees, whether in tort or in contract, that the Synchron Indemnitees may incur by reason of or arising out of any claim (i) resulting from Licensee's breach of this Agreement; (ii) of Licensee's use of the Software in an illegal manner or in any manner other than the purposes expressly stated in the accompanying documentation; or (iii) the violation of the intellectual property rights of any third party as a result of Licensee's action or inaction. 3.9 Survival. Sections 3.1, 3.2, 3.3, 3.4, 3.6, 3.8, 3.10, 3.11 and 3.12 shall survive termination of this Agreement for any reason whatsoever. 3.10 Limited Warranty. Synchron warrants that it or its licensors retain(s) all intellectual property rights in the Software and any accompanying written materials provided by Synchron, including but not limited to copyright, and that it has the legal right to grant Licensee the License granted under this Agreement. The Software both contains and is distributed with certain Open Source Software. "Open Source Software" means software in object code and/or source code form written by a third party and generally available to the public pursuant to a separate software license agreement. Synchron has executed such separate software license agreements as appropriate. However, Synchron extends no warranty whatsoever in respect of the operation or functioning of Open Source Software. THIS LIMITED WARRANTY IS THE ONLY WARRANTY PROVIDED BY SYNCHRON WITH RESPECT TO THE LICENSED PRODUCT AND SYNCHRON EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, ACCURACY, INTEGRATION, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.SYNCHRON DOES NOT WARRANT THAT THE LICENSED PRODUCTS WILL MEET LICENSEE’S REQUIREMENTS, THAT OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FEE, OR THAT ALL ERRORS WILL BE CORRECTED. 3.11 Term and Termination. This Agreement is effective for the duration of the Trial Period and, subject to timely payment of all applicable fees, for such additional period specified in a written agreement, unless sooner terminated. Either party may, in addition to other relief, terminate this Agreement or any license granted hereunder if the other party breaches or defaults on any material provision hereof and fails within ten (10) days after receipt of notice of breach or default to correct such breach or default or to commence corrective action reasonably acceptable to the aggrieved party and proceed with due diligence to completion. Either party shall be considered to be in default hereof if it declares bankruptcy, makes an assignment for the benefit of its creditors, a receiver is appointed or a petition in Bankruptcy is filed with respect to the party and is not dismissed within thirty (30) days. Upon any termination Licensee must immediately destroy the Software and all accompanying written materials and all copies thereof (including copies stored in computer memory) and, upon request, shall so certify to Synchron in writing. 3.12 Dispute Resolution. Any controversy, claim or dispute the parties cannot amicably resolve shall be settled by final binding arbitration in accordance with the rules of the American Arbitration Association, and judgment upon the award rendered by the arbitrator or arbitrators may be entered in any court having jurisdiction thereof. Any such arbitration shall be conducted in Santa Clara County, California, or such other place as may be mutually agreed upon by the parties. Within fifteen (15) days after the commencement of the arbitration, each party shall select one person to act as arbitrator, and the two arbitrators so selected shall select a third arbitrator within ten (10) days of their appointment. Each party shall bear its own costs and expenses and an equal share of the arbitrator’s expenses and administrative fees of arbitration. This agreement shall be governed by and construed in accordance with the substantive laws of the United States and California, without regard to principles of conflicts of law, and any action shall be initiated and maintained in a forum of competent jurisdiction in such designated state. The parties mutually and voluntarily agree that the United Nations Convention on Contracts for the International Sale of Goods shall not apply to transactions covered by this Agreement. 3.13 Severability. If any provision of this license is held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions hereof shall not in any way be affected or impaired. ------------------------------------------------------------------------ THIRD PARTY SOFTWARE This software product distribution contains proprietary and open source third party software products. Use of these software products is subject to the terms and conditions of the license for the respective product. An electronic copy of the license agreement for each such software product is included in the Third Party Software directory. FIORANOMQ Copyright (c) Fiorano Software, Inc., 2002. All Rights Reserved. Bouncy Castle Crypto APIs Copyright (c) 2000 The Legion Of The Bouncy Castle (http://www.bouncycastle.org) THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE. Castor Copyright 2000 (C) Intalio Inc. All Rights Reserved. Developed by the ExoLab Project (http://www.exolab.org/). THIS SOFTWARE IS PROVIDED BY INTALIO AND CONTRIBUTORS ``AS IS'' AND ANY EXPRESSED OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL INTALIO OR ITS CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. JOnAS Copyright (c) 1999 Bull S.A. All Rights Reserved. The contents of this file are subject to the JOnAS Public License as defined by the file JOnAS_PUBLIC_LICENSE.TXT (the " License "); you may not use this file except in compliance with the License. You may obtain a copy of the License on the JOnAS web site. Software distributed under the License is distributed on an " AS IS " basis, WITHOUT WARRANTY OF ANY KIND, either express or implied. See the License for the specific terms governing rights and limitations under the License. The Original Code is JOnAS application server code released July 1999. The Initial Developer of the Original Code is Bull S.A. The Original Code and portions created by Bull S.A. are Copyright (C) 1999 Bull S.A. All Rights Reserved. libuuid.so Copyright (C) 1996, 1997, 1998, 1999 Theodore Ts'o Software Foundation BECAUSE THE LIBRARY IS LICENSED FREE OF CHARGE, THERE IS NO WARRANTY FOR THE LIBRARY, TO THE EXTENT PERMITTED BY APPLICABLE LAW. EXCEPT WHEN OTHERWISE STATED IN WRITING THE COPYRIGHT HOLDERS AND/OR OTHER PARTIES PROVIDE THE LIBRARY "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE LIBRARY IS WITH YOU. SHOULD THE LIBRARY PROVE DEFECTIVE, YOU ASSUME THE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. IN NO EVENT UNLESS REQUIRED BY APPLICABLE LAW OR AGREED TO IN WRITING WILL ANY COPYRIGHT HOLDER, OR ANY OTHER PARTY WHO MAY MODIFY AND/OR REDISTRIBUTE THE LIBRARY AS PERMITTED ABOVE, BE LIABLE TO YOU FOR DAMAGES, INCLUDING ANY GENERAL, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE LIBRARY (INCLUDING BUT NOT LIMITED TO LOSS OF DATA OR DATA BEING RENDERED INACCURATE OR LOSSES SUSTAINED BY YOU OR THIRD PARTIES OR A FAILURE OF THE LIBRARY TO OPERATE WITH ANY OTHER SOFTWARE), EVEN IF SUCH HOLDER OR OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. MM.MySQL Copyright (c) 1998-1999 Mark Matthews BECAUSE THE LIBRARY IS LICENSED FREE OF CHARGE, THERE IS NO WARRANTY FOR THE LIBRARY, TO THE EXTENT PERMITTED BY APPLICABLE LAW. EXCEPT WHEN OTHERWISE STATED IN WRITING THE COPYRIGHT HOLDERS AND/OR OTHER PARTIES PROVIDE THE LIBRARY "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE LIBRARY IS WITH YOU. SHOULD THE LIBRARY PROVE DEFECTIVE, YOU ASSUME THE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. IN NO EVENT UNLESS REQUIRED BY APPLICABLE LAW OR AGREED TO IN WRITING WILL ANY COPYRIGHT HOLDER, OR ANY OTHER PARTY WHO MAY MODIFY AND/OR REDISTRIBUTE THE LIBRARY AS PERMITTED ABOVE, BE LIABLE TO YOU FOR DAMAGES, INCLUDING ANY GENERAL, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE LIBRARY (INCLUDING BUT NOT LIMITED TO LOSS OF DATA OR DATA BEING RENDERED INACCURATE OR LOSSES SUSTAINED BY YOU OR THIRD PARTIES OR A FAILURE OF THE LIBRARY TO OPERATE WITH ANY OTHER SOFTWARE), EVEN IF SUCH HOLDER OR OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. MySQL Copyright (c) 2001 MySQL AB BECAUSE THE PROGRAM IS LICENSED FREE OF CHARGE, THERE IS NO WARRANTY FOR THE PROGRAM, TO THE EXTENT PERMITTED BY APPLICABLE LAW. EXCEPT WHEN OTHERWISE STATED IN WRITING THE COPYRIGHT HOLDERS AND/OR OTHER PARTIES PROVIDE THE PROGRAM "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE PROGRAM IS WITH YOU. SHOULD THE PROGRAM PROVE DEFECTIVE, YOU ASSUME THE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. IN NO EVENT UNLESS REQUIRED BY APPLICABLE LAW OR AGREED TO IN WRITING WILL ANY COPYRIGHT HOLDER, OR ANY OTHER PARTY WHO MAY MODIFY AND/OR REDISTRIBUTE THE PROGRAM AS PERMITTED ABOVE, BE LIABLE TO YOU FOR DAMAGES, INCLUDING ANY GENERAL, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE PROGRAM (INCLUDING BUT NOT LIMITED TO LOSS OF DATA OR DATA BEING RENDERED INACCURATE OR LOSSES SUSTAINED BY YOU OR THIRD PARTIES OR A FAILURE OF THE PROGRAM TO OPERATE WITH ANY OTHER PROGRAMS), EVEN IF SUCH HOLDER OR OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OpenJMS Copyright (C) 1999-2001 Intalio Inc. All Rights Reserved. Developed by the ExoLab Project (http://www.exolab.org/). THIS SOFTWARE IS PROVIDED BY INTALIO, INC. AND CONTRIBUTORS ''AS IS'' AND ANY EXPRESSED OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL INTALIO, INC. OR ITS CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. TWFreeTDS Copyright (c) 2001 ThinWEB Technologies Inc. This library is distributed in the hope that it will be useful, but WITHOUT ANY WARRANTY; without even the implied warranty of MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE. See the GNU Lesser General Public License for more details. Licensor will provide a Warranty ONLY to those users who separately purchase a support package from Licensor that includes a Warranty. A support package can only be purchased by visiting Licensor's Web site. Jakarta-Struts, log4j, Servletapi - 3.2.2, Tomcat-3.2, Xerces-J 1.3.1 Copyright (c) 2000 The Apache Software Foundation. All rights reserved. This product includes software developed by the Apache Software Foundation (http://www.apache.org/). THIS SOFTWARE IS PROVIDED "AS IS" AND ANY EXPRESSED OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE APACHE SOFTWARE FOUNDATION OR ITS CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.