Tecplot, Inc. LICENSE AGREEMENT FOR Tecplot's TecIO ("TecIO") TecIO is a software library provided by Tecplot, Inc. to enable software developed by others to write data in Tecplot's proprietary binary file formats, .plt and .szplt, and to read Tecplot binary data in .plt and .szplt format. TecIO is included with Tecplot 360 EX and may also be downloaded from http://www.tecplot.com/downloads/tecio-library/. This license applies to versions of the TecIO library distributed with Tecplot 360 EX 2016 R2 and later and covers both the serial and parallel (MPI) versions of the library. 1. This LICENSE AGREEMENT is between Tecplot, Inc. ("Tecplot"), and the Individual or Organization ("Licensee") accessing and otherwise using TecIO software in source or binary form and its associated documentation. 2. Licensee acknowledges that this is only a limited nonexclusive license. Tecplot is and remains the owner of all titles, rights, and interests in TecIO Software. Title to TecIO and all copies thereof remain with Tecplot. The Materials are copyrighted and are protected by United States copyright laws and international treaty provisions. Licensee will not remove any copyright notice from the Materials. Tecplot does not grant any express or implied right to you under Tecplot patents, copyrights, trademarks, or trade secret information. 3. Subject to the terms and conditions of this License Agreement, Tecplot hereby grants Licensee a nonexclusive, royalty-free, world-wide license to reproduce, analyze, test, perform and/or display publicly, prepare derivative works, distribute, and otherwise use TecIO alone or in any derivative version, provided, however, that Tecplot's License Agreement and Tecplot's notice of copyright, i.e., "Copyright © 1988-2016 Tecplot, Inc. All rights reserved worldwide." are retained in TecIO alone or in any derivative version prepared by Licensee. 4. In the event Licensee prepares a derivative work that is based on or incorporates TecIO or any part thereof, and wants to publish the derivative work as provided herein, Licensee hereby agrees to provide to all end users of any such work a brief summary of all changes made to TecIO, and to convey to Tecplot a copy of the modified TecIO source code within 30 days after publication of any work containing any such changes. 5. Tecplot is making TecIO available to Licensee on an "AS IS" basis. NO OTHER WARRANTIES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TECPLOT, INC. AND ITS SUPPLIERS DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT, WITH REGARD TO THE SOFTWARE, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. APART FROM THE WARRANTIES STATED ABOVE, TECPLOT, INC. MAKES NO WARRANTY THAT THE SOFTWARE OR SERVICES WILL: MEET REQUIREMENTS; PROVIDE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, USE OF COMPUTERS OR NETWORKS; PROVIDE RESULTS WHICH ARE ACCURATE OR RELIABLE; MEET EXPECTATIONS, OR; CORRECT ANY ERRORS IN THE SOFTWARE. TECPLOT, INC. SHALL NOT BE RESPONSIBLE FOR MISUSE OF THE SOFTWARE OR ANY LOSS OF DATA. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION. 6. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL TECPLOT, INC. OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE OR THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IF TECPLOT, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS SHALL BE TRUE EVEN IN THE EVENT OF THE FAILURE OF AN AGREED REMEDY. IN ANY CASE, TECPLOT, INC.'S ENTIRE LIABILITY FOR CLAIMS ARISING OUT OF USE OF THE SOFTWARE, SERVICE OR ARISING FROM ANY PROVISION OF THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY LICENSEE FOR THE SOFTWARE OR SERVICE COMPLAINED OF. BECAUSE SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. 7. This License Agreement will automatically terminate upon a material breach of its terms and conditions. 8. Nothing in this License Agreement shall be deemed to create any relationship of agency, partnership, or joint venture between Tecplot and Licensee. This License Agreement does not grant permission to use Tecplot trademarks or trade name in a trademark sense to endorse or promote products or services of Licensee, or any third party. 9. By copying, installing or otherwise using TecIO, Licensee agrees to be bound by the terms and conditions of this License Agreement.