Freeware License Agreement

This Freeware License Agreement (this “Agreement”) sets forth the terms and conditions pursuant to which SPSS Inc., a Delaware corporation (“SPSS”), is offering you (hereinafter,“you” or the “user”) the right to use the Software Package (defined in Section 1). ThisAgreement is a binding legal contract that imposes obligations on the user with regard to theSoftware Package. By using the Software Package, you agree to be bound by the terms of thisAgreement. If you do not accept these terms, you should stop using the Software Package.

Software Package . The term “Software Package” means the SPSS software, both the sourcecode and/or object code and documentation, you are downloading or installing.2.Freeware License(a)Subject to the terms of this Agreement, SPSS hereby grants to you anon-exclusive, worldwide, transferable license to use, copy, modify and/or distribute the SoftwarePackage, free of charge (the “Freeware License”).(b)Pursuant to the Freeware License, you may: (i) use the Software Package on anycomputer in your possession, (ii) modify, adapt or translate the Software Package so as to createor prepare a derivative work (a “Derivative Work”), (iii) make copies of the Software Package;and (iv) distribute the Software Package to any third party if such third party expressly agrees to be bound by the terms of this Agreement and the Freeware License set forth herein.(c)The Freeware License is subject to the following restrictions:(i)SPSS shall have no obligation to provide maintenance, support, upgrades or new releases with regard to the Software Package to you or any third party.(ii)Prior to distribution to any third party of the Software Package such third party must agree to be bound by the terms of this Agreement and the FreewareLicense set forth herein and a copy of this Agreement must be included with suchdistribution together with the same copyright and other proprietary notices pertaining to the Software Package that appear in the Software Package. If youdistribute the Software Package from the Internet or a similar on-line source, youmust include the ©SPSS Inc. copyright notice for the Software Package with anyon-line distribution thereof and on any media you distribute that includes theSoftware Package.(iii)You may not use the Software Package to engage in, or allow others toengage in, any illegal activity or any other activity that violates the rights of anythird party.(iv)Nothing in this Agreement or the Freeware License set forth herein shallauthorize anyone to modify any portion of this Agreement or the FreewareLicense set forth herein; nor is any one authorized to modify the SoftwarePackage in a manner that would have the effect of modifying this Agreement or the Freeware License set forth herein. Any such modification shall be null andvoid and of no force or effect and shall cause immediate termination of thisAgreement and the Freeware License set forth herein.

(v)You may not claim any sponsorship by, endorsement by, or affiliation withSPSS.(vi)You may use SPSS’s trademarks only to the extent that you are required to doso in order to comply with this Agreement and to identity SPSS as the owner of the Software Package in accordance with accepted trademark practice. Your useof any SPSS trademark does not give you any rights of ownership in thattrademark.(vii)You may not use any SPSS trademark in connection with any DerivativeWork.

Intellectual Property Rights . All rights relating to the Software Package that are not expresslylicensed pursuant to the Freeware License, whether now existing or hereinafter arising, arereserved for SPSS. Except where otherwise noted, all documentation and software included inthe Software Package is copyrighted by SPSS. SPSS owns all rights, title and interest in and tothe Software Package and each copy thereof, including without limitation, any and all rightsexisting from time to time under patent law, copyright law, trade secret law, trademark law, unfair competition law and any and all other propriety rights, and any and all applications, renewals,extensions and restorations thereof, now or hereinafter in force and effect worldwide. You shallown all rights, title and interest in any Derivative Works created or prepared by you.

Release and Indemnification . You agree to release, defend, indemnify and hold harmless SPSS,its officers, directors, employees, agents, independent contractors, attorneys, subsidiarycorporations, affiliates, successors, assigns and any other affiliated persons or entities, from andagainst any and all liability, claims, actions or demands asserted by yourself or any other partyresulting from or relating to your use or misuse of the Software Package. You hereby waive alllaws that may limit the efficacy of such a release or indemnity.

Disclaimer of Warranties and Limitation of Liability .(d)THE SOFTWARE PACKAGE IS LICENSED FREE OF CHARGE, ANDTHERE IS NO EXPRESS OR IMPLIED WARRANTY FOR THE SOFTWARE PACKAGE.SPSS PROVIDES THE SOFTWARE PACKAGE "AS IS," AND SPSS DISCLAIMS ALLREPRESENTATIONS AND WARRANTIES OF ANY KIND WITH REGARD TO THESOFTWARE PACKAGE, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE,INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OFMERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. THE ENTIRE RISK AS TO THE RESULTS, QUALITY AND PERFORMANCE OF THE SOFTWARE PACKAGEIS WITH YOU AND ANY OF YOUR THIRD PARTY DISTRIBUTEES. SHOULD THESOFTWARE PACKAGE PROVE DEFECTIVE, YOU AND YOUR THIRD PARTYDISTRIBUTEES ASSUME THE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. YOU UNDERSTAND AND AGREE THAT YOU WILL DOWNLOADAND/OR USE THE SOFTWARE PACKAGE AT YOUR OWN DISCRETION AND RISK ANDTHAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOADAND/OR USE OF THE SOFTWARE PACKAGE.

SOME JURISDICTIONS DO NOTPERMIT DISCLAIMERS OF IMPLIED WARRANTIES, SO THE ABOVE DISCLAIMERSMAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY

FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.

(e)UNDER NO CIRCUMSTANCES SHALL SPSS BE LIABLE TO ANY USER ON ACCOUNT OF SUCH USER’S USE OR MISUSE OF THE SOFTWARE PACKAGE.THIS LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF ANYDIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY,PUNITIVE OR OTHER DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGESFOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESSINFORMATION, OR ANY OTHER PECUNIARY LOSS), WHETHER SUCH CLAIM ISBASED ON WARRANTY, CONTRACT, TORT OR OTHER LEGAL THEORY (EVEN IFSPSS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCHLIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROMTHE USE OR MISUSE OF AND RELIANCE ON THE SOFTWARE PACKAGE, FROM THEINABILITY TO USE THE SOFTWARE PACKAGE OR FROM THE INTERRUPTION,SUSPENSION OR TERMINATION OF THE SOFTWARE PACKAGE. SUCH LIMITATIONSHALL APPLY NOTWITHSTANDING A FAILURE OF ESSENTIAL PURPOSES OF ANYLIMITED REMEDY AND TO THE FULLEST EXTENT PROVIDED BY LAW. SOMEJURISDICTIONS DO NOT PERMIT THE EXCLUSION OR LIMITATION OF LIABILITYFOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONSMAY NOT APPLY TO YOU.(f)THE WARRANTY DISCLAIMER AND LIMITS ON LIABILITY AREFUNDAMENTAL REQUIREMENTS OF THE BASIS OF THE BARGAIN BETWEEN SPSSAND YOU. SPSS WOULD NOT BE ABLE TO PROVIDE THE PROGRAM WITHOUTSUCH LIMITATIONS.

Choice of Law, Jurisdiction and Venue . The parties hereby agree that the application hereto andto the Base License Agreement of the United Nations Convention on Contracts for theInternational Sale of Goods is expressly excluded. This Agreement shall be governed by andconstrued in accordance with the laws of the State of Illinois, without giving effect to the conflictof laws provisions of Illinois or your actual state or country of residence. The state and federalcourts in Illinois shall be the exclusive jurisdiction, forum, and venue to resolve any and alldisputes arising out of or relating to this Agreement or the Freeware License set forth herein. Youconsent to personal jurisdiction and venue in state or federal court in Illinois.

Term and Termination . The Freeware License granted hereunder is effective until thisAgreement is terminated. You may terminate this Agreement at any time, with or without cause, by ceasing to use the Software Package, removing the Software Package from your computer, anddiscarding all copies of the Software Package. SPSS may terminate this Agreement at any time,with or without cause, in SPSS’s sole discretion. If you fail to comply with any of the terms of this Agreement, this Agreement shall automatically and immediately terminate. Upontermination of this Agreement, you agree to cease using the Software Package, remove theSoftware Package from your computer, and discard all copies of the Software Package. All provisions of this Agreement which, by their nature, extend beyond termination of this Agreementshall remain in effect until fulfilled and shall apply to respective successors and assigns. Thetermination of this Agreement shall not result in the termination of the Freeware Licenses held byany of your third party distributees who have agreed to be bound by the terms of this Agreementand the Freeware License set forth herein and who received rights to the Software Package pursuant to the terms hereof, so long as such third party distributees are in compliance with theterms of this Agreement.