END-USER LICENSE AGREEMENT FOR CONCISE BEAM VERSION 4 (Black Mint Software Inc., August 31, 2023) _________________________________________________________________ IMPORTANT NOTICE: Black Mint Software Inc.("Black Mint") licenses the accompanying software (the "Software") to you only upon the condition that you accept all of the terms contained in this license agreement. Please read the terms carefully before continuing the installation as pressing the "Yes" button will indicate your assent to them. If you do not agree to these terms, please press the "No" button to exit install, as the Licensor is unwilling to license the Software to you, in which event you should remove the Software from your system. THE SOFTWARE IS TO BE USED SOLELY BY, OR UNDER THE DIRECT SUPERVISION OF, A QUALIFIED STRUCTURAL ENGINEER. THE SOFTWARE CANNOT PROTECT AGAINST AN UNSAFE BEAM DESIGN IF THE BEAM IS MODELED INCORRECTLY OR IS BEYOND THE SCOPE OR CAPABILITY OF CONCISE BEAM. _________________________________________________________________ What is the Evaluation User-License? The Evaluation User-License for the Software lets you evaluate the Software before buying it. While the Software is copyrighted, and Black Mint retains all rights, Black Mint specifically grants you the right to evaluate and distribute the Software as per the Evaluation User-License Grant. After using the Software for the defined period of the Evaluation User-License you must purchase a Registered Commercial User-License for the Software or remove the Software from your computer. 1. EVALUATION USER-LICENSE GRANT. Black Mint grants you the right to use one copy of the Software on a single terminal connected to a single computer for a period of 30 days from installation of the Software in exchange for the consideration of your evaluation of the Software for purchase. You may distribute copies of the Software as packaged by Black Mint for the purpose of evaluation by other users. The Software may be installed on your system for the full period defined above only once without the expressed written consent of Black Mint. The Software is not be used, under the Evaluation User-License, for commercial use and printouts are not to be disseminated or included in a design brief. The printouts are to be used in-house only for the purpose of software evaluation. _________________________________________________________________ What is the Educational User-License? The Educational User-License for the Software will be made available to selected qualified users for educational use. While the Software is copyrighted, and Black Mint retains all rights, Black Mint specifically grants you the right to use the Software as per the Educational User-License Grant. After using the Software for the defined period of the Educational User-License you must remove the Software from your computer. 2. EDUCATIONAL USER-LICENSE GRANT. Black Mint grants you the right to use the Software on any computers owned by the educational institution, or owned by students enroled at the educational instituation, named in the Educational User-License for a pre-defined usage period. The Software is not be used for commercial use and printouts are not to be disseminated or included in a design brief under the Educational User-License except for educational purposes. The Educational User-License may not be distributed by the user outside of the educational institution. Note that the faculty are responsible for providing all user support to their students. I will in turn support the faculty with any questions that they may have. _________________________________________________________________ What is the Registered Commercial User-License? You may extend your Evaluation Version of the Software to a Registered Commercial Version by registering with Black Mint and purchasing a license for commercial use. This will allow you to use the Software within the full privileges and limitations of the Registered Commercial Version License Agreement. 3. REGISTERED COMMERCIAL USER-LICENSE AGREEMENT The Software which accompanies this license is the property of Black Mint, or its licensers and heirs, and is protected by Canadian copyright law and international treaty provisions. While Black Mint continues to own the Software, you will have certain rights to use the Software after your acceptance of this license. Except as may be modified by a license addendum which accompanies this license, your rights and obligations with respect to the use of this Software are as follows: YOU ARE ALLOWED TO: (i) install the Software using a purchased commercial license key on a single computer that is the property of the person or entity who legally acquired or registered the Software; (ii) install the Software using a purchased commercial license key on any number of computers on a single network that allows discovery of each computer through a peer-to-peer connection to allow for license sharing. The Software will limit the number of computers that can concurrently use the Software to the number of users licensed and encoded in the license key. (note: the Software is not server-based). Each computer must be the property of the person or entity who legally acquired or registered the Software; (iii) install the Software using a purchased commercial license key on any number of computers on more than one network that allows discovery of each computer through a peer-to-peer connection. The number of networks on which the Software is installed must be less than or equal to the number of users licensed and encoded in the license key. The Software can be installed on any number of computers on each network to allow for license sharing. The Software will limit the number of computers that can concurrently use the Software to the number of users licensed. Each computer must be the property of the person or entity who legally acquired or registered the Software; (iv) if a single person uses a computer that is the property of the person or entity who legally acquired or registered the Software on which the Software is installed, then that person may also use the Software on their home or portable computer; (v) make a copy of any software media provided by Black Mint for archival purposes, or copy the software onto the hard disk of your computer and retain the original media for archival purposes; or (vi) physically transfer the Software from one of your computers to another provided that you conform to the license conditions. YOU ARE NOT ALLOWED TO: (i) copy or duplicate any written materials which accompany the Software; (ii) sublicense, rent or lease any portion of the Software; (iii) reverse engineer, de-compile, disassemble, modify, translate, make any attempt to discover the source code of the Software, or create derivative works from the Software; (iv) provide any person or entity who did not legally acquired or registered the Software with the license key provided by Black Mint. In other words, the license key is for the party who has effected a proper registration payment to Black Mint and neither the registrant nor any other party may give or otherwise transmit a license key to any other party; or (v) install this software onto any computers that are not the property of the person or entity who legally acquired or registered the Software. _________________________________________________________________ 4. SOFTWARE UPDATES Black Mint reserves the right to revise this software program and make changes from time to time to the content of the software program and any accompanying written materials, including this license agreement. _________________________________________________________________ 5. LIMITED WARRANTY RETURNS OR REFUNDS FOR SOFTWARE LICENSES CANNOT BE GRANTED. Please use the evaluation version of the software to carefully evaluate the software, as well as any and all available product information, before making your purchase. Black Mint will only replace defective media or lost license keys. BLACK MINT DOES NOT WARRANT THAT THE SOFTWARE WILL OPERATE ERROR-FREE OR UNINTERRUPTED, OR WILL MEET YOUR REQUIREMENTS. THE SOFTWARE AND RELATED DOCUMENTATION IS LICENSED "AS IS" AND BLACK MINT HEREBY SPECIFICALLY EXCLUDES AND DISCLAIMS ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND OF FITNESS FOR A PARTICULAR PURPOSE, STATUTORY NONINFRINGEMENT OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS AND ANY WARRANTY THAT MAY ARISE BY REASON OF TRADE USAGE, CUSTOM OR COURSE OF DEALING AND YOU HEREBY EXPRESSLY WAIVES ANY AND ALL SUCH WARRANTIES IN RESPECT THEREOF. _________________________________________________________________ 6. LIMITATION OF LIABILITY This Software has been designed for use by qualified professional engineers. It is the user's responsibility to ensure that the input for the Software is complete and correct, and that the results provided by the Software are interpreted correctly and conform to any design codes, standards and government regulations which may apply. YOU ASSUME THE ENTIRE RISK AS TO RESULTS AND PERFORMANCE OF THE SOFTWARE. UNDER NO CIRCUMSTANCES SHALL BLACK MINT OR ITS LICENSORS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND OR NATURE WHATSOEVER, ARISING OUT OF OR IN ANY WAY RELATED TO THIS AGREEMENT, THE SOFTWARE OR THE USE OF OR INABILITY TO USE THE SOFTWARE, INCLUDING, WITHOUT LIMITATION, LOST GOODWILL, LOST PROFITS, LOSS OF DATA OR SOFTWARE, WORK STOPPAGE OR IMPAIRMENT OF OTHER GOODS, AND WHETHER ARISING OUT OF BREACH OF WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR IF SUCH DAMAGE COULD HAVE BEEN REASONABLY FORESEEN, AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY EXCLUSIVE REMEDY PROVIDED HEREIN. IN ADDITION, IN NO EVENT SHALL BLACK MINT’S OR ITS LICENSORS TOTAL LIABILITY RELATING TO OR IN CONNECTION WITH THIS LICENSE AGREEMENT OR THE SOFTWARE, WHETHER BASED ON BREACH OF WARRANTY, BREACH OF CONDITION, BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, EXCEED THE ACTUAL AMOUNT OF THE INITIAL LICENSE FEE PAID TO BLACK MINT FOR THE SOFTWARE GIVING RISE TO THE LIABILITY, NOR SHALL BLACK MINT BE LIABLE FOR THE COST OF PROCUREMENT OF SUBSTITUTE SOFTWARE OR SERVICES. NO ACTION OR CLAIM RELATING TO THIS LICENSE AGREEMENT OR THE SOFTWARE MAY BE INSTITUTED MORE THAN SIX MONTHS AFTER THE EVENT GIVING RISE TO SUCH CLAIM. _________________________________________________________________ 7. TRADEMARKS Concise, Concise Beam, and the Concise Beam logo are registered trademarks of Black Mint Software, Inc. Black Mint Software's logo, is a trademark of Black Mint Software Inc. _________________________________________________________________ 8. TERMINATION This License Agreement and the license granted hereunder is effective in perpetuity unless terminated as provided for herein. Black Mint shall have the right to terminate this License Agreement and the license granted herein immediately without further notice if Licensee fails to comply with any provision of this License Agreement or fails to pay in full the fees for the Software. Black Mint shall have the right to terminate this License Agreement and the license granted herein upon ten (10) days written notice if you i) terminate or suspend business; ii) become subject to any bankruptcy or insolvency proceeding; iii) become insolvent or becomes subject to control by a trustee, receiver or similar authority, or iv) are wound-up or liquidated, voluntarily or otherwise. Upon termination you shall remove all copies of the Software or any part thereof from your computer and destroy the same, and shall destroy all related documentation. _________________________________________________________________ 9. ASSIGNMENT You shall not assign, sublicense or otherwise transfer this License Agreement or its obligations hereunder to anyone, including any parent, subsidiaries, affiliated entities or third parties, or as part of the sale of any portion of its business, or pursuant to any merger, consolidation or reorganization, without Black Mint’s prior written consent. _________________________________________________________________ 10. GOVERNING LAW This License Agreement is governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein without regard to conflict of laws, rules and principles. The United Nations Convention on Contracts for the International Sale of Goods is specifically excluded. _________________________________________________________________ 11. MISCELLANEOUS If any provision hereof shall be held illegal, invalid or unenforceable, in whole or in part, such provision shall be modified to the minimum extent necessary to make it legal, valid and enforceable, and the legality, validity and enforceability of all other provisions of this License Agreement shall not be affected thereby. No delay or failure by either party to exercise or enforce at any time any right or provision hereof shall be considered a waiver thereof, or of such party’s right thereafter to exercise or enforce each and every right and provision of this License Agreement. This License Agreement supersedes all prior oral and written and all contemporaneous oral negations, commitments and understandings of the parties.