License Agreement

Linn Software, Inc.
SOFTWARE LICENSE AGREEMENT

This Software License Agreement (this "License") is a legal agreement between you (the "Licensee") and Linn Software, Inc. (the "Company") regarding your use of the software product Investor/RT and its accompanying written materials (together the "Software"). BY OBTAINING A REGISTRATION CODE FOR THIS SOFTWARE FROM THE COMPANY, YOU SIGNIFY YOUR AGREEMENT TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT INCLUDING, WITHOUT LIMITATION, YOUR AGREEMENT AND UNDERSTANDING THAT ALL FEES PAID FOR A REVIEW TERM, MONTH TERM, QUARTER TERM, ANNUAL TERM OR PERMANENT TERM LICENSE (AS DEFINED BELOW) ARE NON-REFUNDABLE.

1) Grant of License. The Company, as Licensor, grants to you, as Licensee, the non-exclusive right to (i) use and display one (1) copy of the Software with one (1) data service on one (1) computer system at a single location and (ii) print and use one (1) copy of any written materials accompanying the Software that are provided to you in electronic form. If the single computer on which you use the Software is a multi-user system, then this License covers all users on that single system. This License does not allow the distribution, copying or use of the Software over a network, even if the Software is copied and stored on a single computer system and used only by one (1) computer system on the network at a time.

2) Ownership of Software. The Company retains all title and ownership in and to the Software originally provided to you and all subsequent copies and updates of the Software, regardless of the form or media in or on which they exist. This License is not a sale of the original Software or any copy or update of the Software.

3) Copy Restrictions. The Software, including its accompanying written materials, is copyrighted by the Company. Unauthorized copying of the Software, including copies of the Software that have been modified, merged or included with other software, or of the written materials accompanying the Software, is expressly forbidden. You may be held legally responsible for any copyright infringement that is caused or encouraged by your failure to abide by the terms of this License. Subject to these restrictions, you may make one (1) copy of the Software (excluding any printed copies of its written materials) solely for backup purposes as long as you reproduce and include the Company's copyright notice on the backup copy.

4) Use Restrictions. You may physically transfer the Software from one computer to another provided that the Software is stored and used on only one (1) computer at a time. You may not (i) electronically transfer the Software from one computer to another over a network, (ii) distribute copies of the Software or its accompanying written materials to others, (iii) modify, adapt, translate, reverse engineer, de-compile, disassemble, or create derivative works based on the Software or (iv) modify, adapt, translate or create derivative works based on the written materials accompanying the Software.

5) Transfer Restrictions. This Software is licensed only to you, the Licensee, and may not be transferred to anyone else without the prior written consent of the Company. Any authorized transferee of the Software shall be bound by the terms and conditions of this License. In no event may you transfer, assign, rent, lease, sell or otherwise dispose of the Software on a temporary or permanent basis except as expressly provided by this License. In addition, you may not, separate from the Software, transfer, assign, or otherwise distribute in any way the registration code(s) provided to you by the Company for the Software.

6) Updates. Any updates of the Software provided or made available to you under this License shall be covered by this License and deemed part of the Software. You agree to be bound by this License with regard to all such updates.

7) License Term and Registration Codes.

a) Available Licenses. You may acquire a review term (trial), month term, quarter term, annual term, or permanent term license for your use of the Software. A review term license allows you to use the Software for a single, thirty (30) day trial period. You may purchase a month term, quarter term or an annual term license to use the software for a thirty (30) day, ninety (90) day or one year period respectively, or a permanent term license that will allow the perpetual use of the Software released during the initial one (1) year period of such permanent term license.

b) License Fees. You will receive the appropriate registration code for a month term, quarter term, annual term or permanent term license only after payment of the applicable fees for such license as specified by the Company's then current fee schedule. As all license fees are non-refundable, the Company strongly suggests that, prior to your purchase of a quarter, annual or permanent term license, you obtain a review term license for the Software and use the Software for the applicable thirty (30) day trial period. AGAIN, ANY FEES PAID FOR A REVIEW TERM LICENSE, A MONTH TERM, A QUARTER TERM LICENSE, AN ANNUAL TERM LICENSE OR A PERMANENT LICENSE ARE NON-REFUNDABLE. The fee paid for a review term license may be applied as a credit toward the purchase of a permanent license upon conclusion of the review (trial) period.

c) Registration Codes. The Software will not operate without the input of a valid registration code and will stop functioning after the expiration of the time period corresponding to the license term represented by the registration code. Upon your purchase of a review term, month term, quarter term, annual term or permanent term license, the Company will provide you with monthly registration codes corresponding to the term of such license, for use with one data service on a single platform. If additional data feed licenses are obtained, or dual platform capability is added to an existing license, additional registration codes may be issued corresponding to the term of said license.

d) Month Term and Quarter Term Licenses. Month and Quarter term licenses expire upon the conclusion of the applicable purchased license term and may be renewed or canceled upon expiration. Quarter term licenses include access (via the Company's Internet Web Site) to all updates to the Software available during the applicable license term.

e) Annual Term Licenses. Annual term licenses expire upon the conclusion of the applicable purchased license term and may be renewed or canceled upon expiration. Annual term licenses include access (via the Company's Internet Web-Site) to all updates to the Software available during the applicable license term.

f) Permanent Term Licenses. A permanent term license includes a subscription to the Annual Upgrade and Service plan that provides access (via the Company's Internet Web-Site) to all upgrades to the Software and unlimited Internet support for a period of one year from the date of purchase. Thereafter, you may elect to renew the Upgrade and Service plan by payment of an annual subscription fee. If you elect not to renew the subscription prior to the annual anniversary of the permanent term license, you will, upon request, be provided with ONE non-expiring registration code and the permanent term license shall continue in effect only for final versions of the Software that are available as of such anniversary date. In this event, you may NOT use any future versions of the Software developed by the Company unless you acquire a new annual, quarter or permanent term license at the prevailing retail price.

g) Additional Data Feed Licenses. Additional data feed licenses are applied to an existing quarter term, annual term or permanent term license, to allow the use of a second data feed version of Investor/RT. Registration codes for additional data feed license terms correlate with the existing software license term. Additional data feed licenses applied to a month, quarter or annual term license may be renewed or canceled upon expiration of the existing license. For permanent term licenses, the additional data feed license is an annual supplement to the existing permanent term license, and may be renewed or canceled upon expiration of the upgrade and service plan subscription.

h) Dual platform capability. Dual platform capability can be applied to an existing month term, quarter term, annual term or permanent term license to allow the use of a second platform version of Investor/RT. Investor/RT supports three platforms; Windows, Macintosh OS 9.x and Macintosh OS X. For month, quarter or annual licensees, registration codes for a second platform version correlate with the existing license term. Fees and terms for the second platform version will be prorated based on the existing license term. Dual platform capability applied to a month, quarter or annual term license may be renewed or canceled upon expiration of the license term. Permanent licensees may obtain dual platform capability by payment of a one-time fee. Adding dual platform capability to a permanent term license provides the option of obtaining upgrades and support for a second platform. To use Investor/RT on a second platform, an upgrade and service plan subscription for that platform must be initiated when the dual platform fee is paid. Fees and terms for the second upgrade and service plan subscription will be prorated based on the time remaining on the existing upgrade and service plan subscription.

8) Termination. This License is effective until terminated. This License will terminate (i) automatically without notice from the Company if you fail to comply with any of the provisions of this License or (ii) upon the expiration of the license term corresponding to the registration code(s) provided to you by the Company unless you obtain a new registration code (by purchase of a new quarter term, annual term, or permanent term license) from the Company prior to the expiration of such license term. Upon termination of this License, you shall immediately destroy all copies of the Software, including any modified copies of the Software and printed copies of its accompanying written materials, if any.

9) DISCLAIMER OF WARRANTY AND LIMITED WARRANTY.

THE SOFTWARE AND ACCOMPANYING WRITTEN MATERIALS (INCLUDING INSTRUCTIONS FOR USE) ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. FURTHER, THE COMPANY DOES NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS REGARDING THE USE, OR THE RESULTS OF THE USE, OF THE SOFTWARE OR ITS ACCOMPANYING WRITTEN MATERIALS IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, CURRENTNESS, OR OTHERWISE. THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE SOFTWARE IS ASSUMED BY YOU. IF THE SOFTWARE OR WRITTEN MATERIALS ARE DEFECTIVE, YOU, AND NOT THE COMPANY OR ITS DEALERS, DISTRIBUTORS, AGENTS, OR EMPLOYEES, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION.

The Company warrants to you, the original Licensee, that, if you did not receive the Software via electronic distribution, the CD-ROM(s), if any, on which the Software is provided to you will be free from defects in materials and workmanship under normal use and service for a period of ninety (90) days from the date of delivery as evidenced by a copy of your receipt for the CD-ROMs. Further, the Company hereby limits the duration of any implied warranty(ies) on these CD-ROM to the respective periods stated above. Some
The Company's entire liability and your exclusive remedy as to the CD-ROM(s) (if any are provided to you by the Company) shall be, at the Company's option, either (a) return of the purchase price or (b) replacement of a CD-ROM that does not meet the Company's limited warranty and which is returned to the Company with a copy of the receipt for the CD-ROMs. If failure of a CD-ROM has resulted from accident, abuse, or misapplication, the Company shall have no responsibility to replace the CD-ROM or refund the purchase price. Any replacement CD-ROM will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer.

THE ABOVE ARE THE ONLY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, THAT ARE MADE BY COMPANY FOR THE SOFTWARE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY THE COMPANY, ITS DEALERS, DISTRIBUTORS, AGENTS, OR EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY, AND YOU MAY NOT RELY ON ANY SUCH INFORMATION OR ADVICE. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO STATE.

THE COMPANY DOES NOT AND IS NOT PROVIDING ANY ADVICE OR RECOMMENDATIONS REGARDING THE PURCHASE OF SECURITIES AND NO INFORMATION PROVIDED BY THE COMPANY OR THE SOFTWARE, INCLUDING ITS ACCOMPANYING WRITTEN MATERIALS, SHOULD BE CONSTRUED AS ANY SUCH ADVICE OR RECOMMENDATION.

NEITHER THE COMPANY NOR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF THE SOFTWARE, INCLUDING ITS ACCOMPANYING WRITTEN MATERIALS, SHALL BE LIABLE FOR ANY DIRECT OR INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES DO NO ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

10) Governing Law. This License, including without limitation, its Disclaimer of Warranty and Limited Warranty, are governed by the laws of the State of Georgia.