PROGRAM LICENSE AGREEMENT

With respect to the Program you may choose to access, SES Americom, Inc. ("Americom") licenses the use of the Program, pursuant to the following terms and conditions. You assume responsibility for the selection of the Program to achieve your intended results, and for the installation and use made of the Program as well as the results obtained from the Program. Title in and to this Program is retained by Americom.

2. LICENSE: This license allows you to: (i) use the Program on only one computer at a time; and (ii) copy the Program into any machine-readable or printed form for backup purposes in support of your authorized use of the Program. The Program is protected by copyright law. You must reproduce and include the copyright notice on any such backup copy of the Program.

3. RESTRICTIONS: You may NOT:
   1. transfer nor use nor copy the Program, or any copy, in whole or in part, unless expressly provided in this license;
   2. reverse assemble or reverse compile, translate or convert the Program, or any portion thereof, to human-readable form, or sublicense, rent or lease the Program; or
   3. use the Program in a manner which would violate this license or would infringe the proprietary rights of others, or violate any law, tariffs or regulations of any country.

4. TERM: This license is effective until terminated. You may terminate it at any time by destroying the Program together with any backup copy in any form. This license will also terminate upon conditions set forth elsewhere in this Program License Agreement or if you fail to comply with any term or condition of this Program License Agreement. You agree upon termination to destroy the Program together with any backup copy in any form.

5. NO WARRANTY: You assume the responsibility to take adequate precautions against damages to your operations which could be caused by defects or deficiencies in the program.

   The program is provided on an "as is" basis and no warranties, whether expressed, implied, or statutory, including but not limited to, any warranty of merchantability or fitness for a particular purpose, apply to the program.

6. LIMITATION OF LIABILITY: As a material condition of receiving the program free of charge, and in regard to any and all causes arising out of or relating to this program license agreement or the use of the program, including, but not limited to, claims of negligence, breach of contract or warranty, or failure of a remedy to accomplish its essential purpose, you agree that Americom will not be liable for any damages: whether direct, special, incidental, consequential or otherwise, including but not limited to lost profits or savings, loss of the use of the program, cost of capital, cost of substitute programs, downtime costs, or damages and expenses arising out of third party claims. The remedies specified in this program license agreement are exclusive.

7. GENERAL:
   1. Any attempt to sublicense, assign or transfer any of the rights, duties or obligations of this Program License Agreement is void and shall result in the automatic termination of this license.
   2. If you are a U.S. Government end-user, this license of the Program conveys only "RESTRICTED RIGHTS," and its use, disclosure and duplication are subject to Federal Acquisition Regulations, 52.227-19(a)-(d).
   3. The export or re-export of the Program might require authorization by a U.S. government agency. It is your responsibility to determine and comply with any such requirement including, if necessary, timely application in your own name for any export license which might be required.
   4. This Program License Agreement will be governed by the law of the State of New Jersey, excluding its conflict-of-laws rules.

   This Program License Agreement contains the complete and exclusive understanding of the parties with respect to the Program. No prior representations, promises or understandings relating to the license of the Program which are not incorporated in this Program License Agreement will be binding on Americom or are relied on by you in entering into this Program License Agreement. No waiver, alteration, or modification of any of the provisions of this Program License Agreement will be binding unless in writing and signed by a duly authorized representative of Americom.

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