                     END USER LICENSE AGREEMENT

                 Total Phase Software and Firmware
             Copyright (c) 2003-2024 Total Phase, Inc.
                        All rights reserved.


PREAMBLE:
  The accompanying software, firmware, documentation, and related
  materials ("Product") are the sole property of Total Phase, Inc.
  ("Total Phase").  Its use and distribution are subject to the
  terms in this License Agreement ("Agreement").  This Agreement
  applies to all uses of the Product including whether the Product
  is downloaded directly from Total Phase or the Product is obtained
  as part of a package from a third party.

  By the use or distribution of the Product, you are consenting to
  be bound by the terms of this Agreement.  If you do not agree, do
  not use or distribute the Product in whole or in part.


TERMS OF USE:
  Permission to use, copy, and distribute the Product is hereby
  granted, subject to the following conditions:

  The Product is licensed only for use with other Total Phase
  products.  Any other use is permitted only with the express
  written permission of Total Phase.

  The Product may only be copied unmodified in its entirety, with
  all of the files intact including a verbatim copy of this
  Agreement.  Distribution of modified copies is permitted only with
  the express written permission of Total Phase.

  The Product must not be placed on any publicly-accessible Internet
  server including but not limited to web servers, ftp servers, and
  file sharing systems.  Instead, a link should be placed to the
  Total Phase website where the latest versions may be obtained.

  You may not modify, translate, reverse-engineer, decompile,
  disassemble (except and solely to the extent that an applicable
  statute expressly and specifically prohibits such restrictions),
  or create derivative works of the Product.


PROPRIETARY RIGHTS:
  The Product is owned by Total Phase and is protected by United
  States copyright laws and international treaty provisions.  All
  copyright, patent, trade secret, trademarks, and other intellectual
  and proprietary rights in the Product are and will remain the
  valuable property of Total Phase.  You agree to take all necessary
  steps to ensure that this property is protected and that the
  provisions of this Agreement are not violated by you or by any
  person under your control or in your service.


OPEN SOURCE:
  The GUI portion of the Product uses open source components that are
  not owned by Total Phase.  These components are redistributable and
  included under the licenses of their respective owners.


TERMINATION:
  Your rights under this license will terminate automatically if you
  fail to comply with the terms and conditions set forth herein.

  If any provision of this Agreement is held to be unenforceable,
  that provision should be reformed only to the extent required to
  comply with law while preserving the original intent as much as
  possible; the balance of this Agreement will remain in full force
  and effect.


SAFETY-CRITICAL SYSTEMS POLICY:
  You may not use the Product in life support devices or systems.
  Life support devices or systems include, but are not limited to,
  surgical implants, medical systems, and other safety-critical
  systems in which failure of a Total Phase product could cause
  personal injury or loss of life.

  The Product is not fault-tolerant and is not designed, manufactured,
  or allowed for use or resale in hazardous environments requiring
  fail-safe performance, such as in the operation of nuclear
  facilities, aircraft navigation or communication systems, air
  traffic control, or weapons systems, in which the failure of the
  Product could lead directly to death, personal injury, or severe
  physical or environmental damage.


INDEMNITY:
  You agree to indemnify, defend, and hold harmless Total Phase, its
  officers, employees, affiliates, and distributors from any and all
  claims and costs, including reasonable legal fees, arising from your
  breach of this Agreement, use of the Product, use or distribution
  of a Separate Work, any claim that a Separate Work infringes the
  intellectual property or proprietary right of a third party, or your
  act, error, or omission, even if such claim alleges that Total Phase
  was negligent in the design or manufacture of the Product.


DISCLAIMER:
  THE PRODUCT IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND.
  TOTAL PHASE DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESSED OR
  IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF
  MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND
  NON-INFRINGEMENT.


LIMITATION OF LIABILITY:
  IN NO EVENT WILL TOTAL PHASE, ITS OFFICERS, EMPLOYEES, OR
  AFFILIATES 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 THE PRODUCT, EVEN IF ADVISED OF THE
  POSSIBILITY OF SUCH DAMAGE.


GENERAL:
  The failure of either party to enforce its rights under this
  Agreement at any time for any period will not be construed as a
  waiver of such rights.

  This Agreement will be governed by and construed pursuant to the
  laws of the State of California, without regard to conflict of
  laws principles.
