SPEEDTREE® CINEMA 8 END USER LICENSE AGREEMENT NOTE: Per Section 1, Paragraph A, SpeedTree Cinema is not for use in “an interactive or a real-time production such as a video game, training application or interactive simulation.” This END USER LICENSE AGREEMENT (the “EULA”) is a legal agreement between you (either an individual or a single entity) (collectively “You”) and Interactive Data Visualization, Inc., a South Carolina corporation with offices at 5446 Sunset Boulevard, Suite 201, Lexington, South Carolina 29072 (“IDV”), for the SpeedTree® Cinema software product, which includes computer software (collectively the “Software”) designed to be downloaded to and/or installed on personal computers, workstations or other machines which feature as their operating system either Linux, Mac or any of the following Windows operating systems: Windows 95/98/ME, Windows NT/2000/XP, Windows Vista or Windows 7, 8, 10 etc. (each a “PC”), and may include associated media, printed materials, and/or “online” or electronic documentation (the “Documentation”) (the Software and the Documentation are sometimes referred to together herein as the “Software Product”). An amendment or addendum to this EULA may accompany the Software Product. BY DOWNLOADING, INSTALLING, RUNNING, EXECUTING, OR OTHERWISE USING ANY PORTION OF THE SOFTWARE PRODUCT OR THE SPEEDTREE MODEL LIBRARY (AS DEFINED BELOW), YOU AGREE TO BE BOUND BY THE TERMS OF THIS EULA. IF YOU DO NOT AGREE TO BE BOUND TO THE TERMS OF THIS EULA, PLEASE DO NOT DOWNLOAD, INSTALL, RUN, EXECUTE, ACCEPT, USE OR PERMIT OTHERS TO DOWNLOAD, INSTALL, RUN, EXECUTE, ACCEPT, OR OTHERWISE USE THE SOFTWARE PRODUCT OR THE SPEEDTREE MODEL LIBRARY. YOU ARE ENTITLED TO A FULL REFUND WITHIN FIFTEEN (15) DAYS OF MAKING FULL PAYMENT TO IDV FOR A FULL LICENSE TO THE SOFTWARE PRODUCT; PROVIDED, HOWEVER, THAT YOU MUST ALSO PERFORM, OR AS APPLICABLE AGREE THAT IDV MAY PERFORM, THE “TERMINATION PROCEDURE” AS DETAILED TO YOU IN WRITING BY IDV AT TIME OF TERMINATION AS FURTHER DESCRIBED IN “SECTION III: TERMINATION” BELOW. I. GRANT OF LICENSE; RESTRICTIONS A. License. Subject to the terms and conditions contained in this EULA (including IDV’s right to terminate as set forth herein), IDV hereby grants to You a non-exclusive, non-transferable, and non- sublicenseable license (i) to install the object code version of the Software on one or more PCs, (ii) to use the Software on such PCs in support of the number of licensed Authorized Concurrent Users and (iii) to use one copy of the Documentation in connection with Your installation and use of the Software, in each case in accordance with the terms of the specific Limited License You have been granted as further described below: 1. Limited License, Evaluation. Unless You Purchase a license pursuant to Section I.A.2 (Limited License, Commercial) or Section 1.A.3 (Limited License Non-Commercial), beginning at the time of initial receipt by You of the Software Product and regardless how you obtained or received the Software Product, the license rights granted under this EULA are good only for an evaluation period beginning on the date You first download or otherwise obtain the Software Product, and for twenty (20) consecutive days thereafter or other period or additional or extended period as may be specified by IDV in writing, including without limitation by email or other electronic communication, to You in its discretion (the "Evaluation Period"). During the Evaluation Period, the Software Product and SpeedTree Model Library may contain certain functional limitations, including time keys or other features that cause the Software Product and/or all results and proceeds or the SpeedTree Model Library to be impaired in some way and/or to cease to operate at the conclusion of the Evaluation Period or at any other time as determined by IDV in its sole discretion. Your rights to use the Software Product and the SpeedTree Model Library and any Procedural Model Files and Meshes shall terminate at the end of the Evaluation Period if You do not Purchase the Software Product. IDV, Inc. – Confidential Page 1 of 7 During the Evaluation Period, You shall use the Software Product and the SpeedTree Model Library only for evaluation of the Software Product’s applicability, usability, performance and design. In addition, during the Evaluation Period, You agree to refrain from using the Software Product and SpeedTree Model Library to perform, support or augment Your business purposes or processes, or in any revenue-generating activity, other than to test the performance of the Software Product and SpeedTree Model Library in such an environment. The Evaluation Period shall end when IDV grants to You in writing a Limited License, Commercial, or a Limited License, Non-Commercial, as further described below. 2. Limited License, Commercial. If You Purchase a commercial license of the Software, as evidenced by its designation as such at time of Purchase (“Commercial License”), IDV hereby grants to You a non-exclusive, non-transferable, and non-sublicenseable license (i) to use the Software only for the internal business purposes of the development of Procedural Model Files and Meshes solely for use by You to create Licensed Commercial Productions; and (ii) to use the SpeedTree Model Library solely to create Licensed Commercial Productions, which includes using the Procedural Model Files and Meshes in the SpeedTree Model Library to create Licensed Commercial Productions, modifying a Procedural Model File or a Mesh in the SpeedTree Model Library to create another or modified Procedural Model File or Mesh for use to create Licensed Commercial Productions, and inputting the Textures in the SpeedTree Model Library into the Software for processing in connection with the creation of a Procedural Model File. Your license rights to the Software for a Commercial License shall be perpetual unless (i) another term was specified by IDV at the time of Purchase (including without limitation by email or other electronic communication), for example a three- month or six-month rental term, or (ii) this license is otherwise terminated under the terms of this EULA. 3. Limited License, Non-Commercial. If You Purchase a non-commercial, student or academic version license of the Software, as evidenced by its designation as such at time of Purchase (“Non- Commercial License”), IDV hereby grants to You a non-exclusive, non-transferable, and non-sublicenseable license (i) to use the Software only for the internal business purposes of the development of Procedural Model Files and Meshes solely for use by You to create Licensed Non-Commercial Productions; and (ii) to use the SpeedTree Model Library solely to create Licensed Non-Commercial Productions, which includes using the Procedural Model Files and Meshes in the SpeedTree Model Library to create Licensed Non-Commercial Productions, modifying a Procedural Model File or a Mesh in the SpeedTree Model Library to create another or modified Procedural Model File or Mesh for use to create Licensed Non-Commercial Productions, and inputting the Textures in the SpeedTree Model Library into the Software for processing in connection with the creation of a Procedural Model File. Your license rights to the Software for a Non-Commercial License shall begin on the date the Software is activated on Your PC and terminate at the end of whatever term was specified by IDV at the time of Purchase (including without limitation by email or other electronic communication), unless earlier terminated under the terms of this EULA or extended by IDV at its sole discretion. B. DEFINITIONS. “Authorized Concurrent Users” shall mean the number of licensed users as evidenced by an applicable purchase order or other documentation who may concurrently access and use the Software in accordance with this EULA. "Licensed Commercial Productions" shall mean, unless otherwise limited at the time of Purchase (including without limitation by email or other electronic communication), an unlimited number of offline or rendered animation video productions such as feature movies, television shows or commercials, or any other similar video productions, as well as any still images, screenshots or the like derived or resulting from Licensed Commercial Productions, but which shall not be an interactive or a real-time production such as a video game, training application or interactive simulation. “Licensed Non-Commercial Productions” shall mean, unless otherwise limited by IDV at the time of Purchase (including without limitation by email or other electronic communication), an unlimited number of IDV, Inc. – Confidential Page 2 of 7 offline or rendered animation video productions, as well as still images, screenshots or the like derived or resulting from Licensed Non-Commercial Productions, but which shall not be (i) an interactive or a real-time production such as a video game, training application or interactive simulation or (ii) sold, rented, leased, licensed, used to promote any offering, or otherwise used to serve any commercial purpose; such Licensed Non-Commercial Productions shall instead be used solely for educational or instructional purposes or for other endeavors for which there is no financial gain, such as for a hobby or personal project. A “Mesh” means a three-dimensional digital model derived from a Procedural Model File and readable without the Software and which is created by You utilizing the Software or is contained in the SpeedTree Model Library and that represents either an actual or imaginary species of vegetation, including but not limited to trees, flowers, palms, cacti, weeds, grass, food crops, and fantasy vegetation creations. A "Procedural Model File" means a three-dimensional digital model which is created by You utilizing the Software or contained in the SpeedTree Model Library and which is readable only by the Software and that represents either an actual or imaginary species of vegetation, including but not limited to trees, flowers, palms, cacti, weeds, grass, food crops, and fantasy vegetation creations.