# VissRad End User Licence Agreement Version 1.0 · effective 28 September 2026 This agreement is between Pennington Group LLC, dba Pennington Group Associates, of Houston, Texas ("Pennington Group", "we"), and the person or organisation installing or using the VissRad Suite ("you"). By installing, copying or using the Software you accept this agreement. If you do not accept it, do not install or use the Software. If you and Pennington Group have signed a separate licence or services agreement covering VissRad, that signed agreement governs where it conflicts with this one. ## 1. Definitions "Software" means the VissRad Suite — its applications, VRLink, VissRad Server, installers, scripts, templates, workbooks, sample data, documentation and any updates we supply. "Your Data" means project, cost, schedule, quantity, document and other information you enter into or import into the Software. ## 2. Licence Subject to this agreement and payment of any applicable fees, we grant you a non-exclusive, non-transferable, non-sublicensable, revocable licence to install and use the Software for your internal business purposes, for the term and number of users or installations stated in your order, quotation or licence key. Where no order exists, the licence is an evaluation licence for 30 days, for non-production use only. ## 3. Restrictions You must not, and must not allow anyone else to: 1. copy the Software except as needed to install it and keep a reasonable backup; 2. sell, rent, lease, lend, sublicense, host for third parties or otherwise make the Software available to anyone outside your organisation; 3. reverse engineer, decompile, disassemble or attempt to derive the source code, data models or calculation methods of the Software, except to the extent applicable law expressly permits it despite this restriction; 4. modify the Software or create derivative works of it; 5. remove, obscure or alter any copyright, trademark or other proprietary notice; 6. use the Software, its outputs or its documentation to design, build or benchmark a competing product; or 7. circumvent any licence key, user limit or technical protection. ## 4. Ownership The Software is licensed, not sold. Pennington Group and its licensors own all rights, title and interest in the Software, including all copyrights, trade secrets, trademarks and patent rights, and all copies, updates and derivatives. VissRad and the VissRad application names are trademarks of Pennington Group LLC. No rights are granted except as stated here. ## 5. Your Data You own Your Data. The standalone Software stores Your Data on your own computer or network and does not send it to us. Where you use VissRad Server or a hosted service we operate, we process Your Data only to provide that service to you and as set out in the applicable order. You are responsible for backing up Your Data and for the accuracy of what you enter. ## 6. Feedback If you give us suggestions or feedback about the Software, we may use them without restriction or obligation to you. ## 7. Confidentiality The Software, its documentation, pricing and any non-public information we share with you are our confidential information. You will protect it with at least reasonable care and use it only to exercise your rights under this agreement. ## 8. Third-party components The Software includes open-source components listed in THIRD-PARTY-NOTICES.md. Those components are licensed to you under their own licences, and nothing in this agreement limits rights those licences grant. ## 9. Professional judgement The Software is a tool for estimating, planning, cost control, progress measurement, completions and reporting. Its outputs depend on the data and assumptions you supply. It does not replace the professional judgement of qualified engineers, estimators, schedulers, accountants or other professionals, and you remain responsible for decisions made using it. ## 10. Warranty disclaimer To the maximum extent permitted by law, the Software is provided "as is" and "as available", without warranty of any kind, express or implied, including warranties of merchantability, fitness for a particular purpose, accuracy, non-infringement and uninterrupted or error-free operation. ## 11. Limitation of liability To the maximum extent permitted by law: (a) neither party is liable for any indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue, data or business opportunity; and (b) our total liability arising out of or relating to this agreement or the Software is limited to the fees you paid us for the Software in the twelve months before the claim arose, or US$100 if you paid nothing. These limits do not apply to your breach of sections 3, 4 or 7. ## 12. Term and termination This agreement lasts until terminated or, for a term licence, until the term ends. We may terminate it by written notice if you breach it and do not cure the breach within 15 days of notice. On termination you must stop using the Software and delete all copies, except that you may keep exports of Your Data. Sections 3 to 7, 10, 11, 13 and 14 survive termination. ## 13. Export and government use You will comply with applicable export control and sanctions laws. If the Software is acquired by or for the US Government, it is commercial computer software and documentation provided with only the rights set out in this agreement (FAR 12.212; DFARS 227.7202). ## 14. General This agreement is governed by the laws of the State of Texas, USA, without regard to conflict-of-law rules. The state and federal courts located in Harris County, Texas have exclusive jurisdiction, and each party consents to them. You may not assign this agreement without our written consent. If any provision is unenforceable, the rest remains in effect. Failure to enforce a provision is not a waiver. This agreement, with any order or signed agreement referred to in section 2, is the entire agreement about the Software. Contact: Pennington Group LLC, Houston, Texas · dpennington@penningtongrp.com Copyright (c) 2026 Pennington Group LLC. All rights reserved.