SOFTWARE LICENSE AGREEMENT Name of software being licensed: MENDEL THIS IS A LEGAL AGREEMENT BETWEEN YOU (EITHER AS AN INDIVIDUAL OR ENTITY) AND KENNETH L. LANGE. BY INSTALLING THIS SOFTWARE, YOU ARE CONSENTING TO BE BOUND BY AND ARE BECOMING A PARTY TO THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, DO NOT INSTALL MENDEL. THIS LICENSE COVERS THE YEAR 2003 ONLY. AT THE EXPIRATION OF 2003, YOU MUST DESTROY YOUR COPY OF MENDEL. IF YOU WISH TO CONTINUE USING MENDEL, YOU MUST THEN DOWNLOAD A NEW COPY AND AGREE TO A NEW LICENSE. TERMS OF THE YEAR 2003 LICENSE: FEES: You may download Mendel as often as necessary, free of charge. RESTRICTIONS: You may not a.) copy, redistribute, post, or otherwise enable or permit other individuals to access or use MENDEL except under the terms listed herein; b.) permit concurrent use of the Software except under the terms listed herein; c.) modify, translate, reverse engineer, decompile, disassemble, or create derivative works based on MENDEL; d.) rent, lease, grant a security interest in, or otherwise transfer rights to Mendel; or e.) remove or put any proprietary notices or labels on MENDEL. TITLE: Title, ownership rights, and intellectual property rights in MENDEL shall remain with Kenneth Lange. MENDEL is protected by copyright and other intellectual property laws and by international treaties. DISCLAIMER OF WARRANTY: MENDEL IS PROVIDED AS IS WITHOUT WARRANTY OF ANY KIND. KENNETH LANGE MAKES NO REPRESENTATIONS AND EXTENDS NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF MENDEL AND ITS DOCUMENTATION REMAINS WITH LICENSEE. IN NO EVENT SHALL KENNETH LANGE BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION OR OTHER PECUNIARY LOSS) ARISING OUT OF THIS AGREEMENT OR THE USE OF OR INABILITY TO USE MENDEL. INSTALLATION: LICENSEE warrants and represents that a competent System Administrator will install MENDEL, and that the System Administrator will carefully review all documentation, manual pages, and release notes included with MENDEL prior to installation. USE: LICENSEE agrees to provide KENNETH LANGE with a report of any errors encountered in LICENSEE'S use of MENDEL. RISK: The entire risk as to the use and performance of MENDEL is assumed by LICENSEE. LICENSEE shall defend, indemnify and hold harmless KENNETH LANGE AND HIS EMPLOYER, THE UNIVERSITY OF CALIFORNIA, for and against any and all claims, demands, damages, losses, and expenses of any kind (including but not limited to attorneys' fees), relating to or arising from any use or disposition by LICENSEE or its transferees of MENDEL. MAINTENANCE: Neither KENNETH LANGE nor the UNIVERSITY OF CALIFORNIA is obligated to provide maintenance, technical support, interpretation of results, or updates for MENDEL. TERMINATION: This license will terminate automatically if you fail to comply with the limitations described herein. On termination, you must destroy all copies of the Software and Documentation. ACKNOWLEDGEMENT: LICENSEE agrees to reference MENDEL in every publication that employs it. See the top of every standard output file generated by MENDEL for the preferred citation to use.