End-User License Agreement Version 3, 2008 Fiscal Crisis and Management Assistance Team 1300 17th Street Bakersfield, CA 93301 Please take a moment to read the license agreement now. If you accept the terms below, click “I accept the terms in the license agreement”, then click “Next”. Otherwise click “I do not accept the terms in the license agreement”. IMPORTANT! PLEASE READ CAREFULLY. THIS END-USER LICENSE AGREEMENT (THE “AGREEMENT”) IS A LEGAL AGREEMENT BETWEEN YOU AND FCMAT. BY CLICKING “I accept the terms in the license agreement” BELOW, YOU ACCEPT ALL TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT WISH TO ACCEPT THIS AGREEMENT, YOU SHOULD CLICK “I do not accept the terms in the license agreement” IN WHICH CASE YOU WILL NOT BE ABLE TO USE THE SOFTWARE. Use Subject to the terms and conditions of this Agreement, FCMAT hereby grants you a non-exclusive, non-transferable license to use the accompanying Budget Explorer software (the “Software”) on an unlimited number of computers. Reservation of Rights FCMAT reserves all rights not expressly granted pursuant to this Agreement. This Agreement is not a sale of the Software, any copies or part thereof, or any other software, and you shall have no title to or ownership in the Software, or any copies or part thereof, regardless of the form on which the original and any copies may exist. Proprietary Rights The Software contains valuable trade secrets of FCMAT. You agree not to decompile, disassemble, analyze, or otherwise reverse engineer the Software. The Software is protected by United States and international copyright laws. The names, marks, brands, logos, designs, trade dress and other designations FCMAT uses in connection with the Software are proprietary to FCMAT. Except as stated above, this Agreement does not grant you any intellectual property rights in the Software. Prohibited Actions You agree not to modify, sell, lease, or create derivative works of the Software. You may not use the Software for any illegal purpose. Disclaimer of Warranties YOU AGREE THAT THE SOFTWARE IS PROVIDED TO YOU “AS IS” AND WITHOUT ANY WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. Indemnification YOU AGREE TO INDEMNIFY FCMAT AND ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES AND AGENTS, AND SHALL HOLD FCMAT HARMLESS AGAINST ANY CLAIMS, LOSSES OR DAMAGES ASSERTED BY ANY ENTITY INCLUDING COURT COSTS AND REASONABLE ATTORNEYS’ FEES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, OR ATTEMPTED USE OF, THE SOFTWARE. The entire risk as to the use, quality, performance or output of the software is solely yours. In no event unless required by applicable law or agreed to in writing will FCMAT 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. Limitation of Liability FCMAT SHALL NOT BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY TYPE ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE SOFTWARE. You acknowledge that FCMAT has agreed to make the Software available in reliance on the exclusions and limitations of liability and disclaimers of warranty set forth above and that the same form an essential basis of the agreement between the parties. Termination FCMAT may terminate this Agreement at any time by providing you with individual notice, or by posting a notice on its Web site at http://www.fcmat.org/. When this Agreement terminates or expires, all rights granted to you will cease. Governing Law and General Provisions The Agreement shall be governed by the laws of the state of California, excluding the application of its conflict of law rules. If any part of any provision of this Agreement shall be invalid or unenforceable, such part shall be deemed to be restated to reflect, as nearly as possible, the original intentions of both of the parties in accordance with applicable law, and the remainder of the Agreement shall remain in full force and effect. This Agreement may only be modified in a writing signed by an officer of FCMAT. FCMAT’s failure to enforce or exercise any right or provision of this Agreement shall not constitute a waiver of such right or provision. This Agreement is the complete and exclusive statement of the agreement between you and FCMAT and supersedes any proposal or prior agreement, oral or written, and any other communications between you and FCMAT relating to the subject matter of this Agreement. YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND UNDERSTAND IT. BY CLICKING ON “I accept the terms in the license agreement” BELOW, YOU CONSENT TO BE BOUND BY THESE TERMS AND CONDITIONS.