LXE Software Inc. respects your privacy and is committed to protecting your personal information.

We will adhere and comply with our privacy policy outlined below as well as applicable U.S. privacy law when we gather and use information from users of our services. Please read this privacy policy to understand how we use the information we collect, and under what conditions information is shared with selected lender(s) of your choosing.

Software and Advertising Business Model
LXE Software is a software company and has developed the LoanXEngine iPhone app. LXE Sofware does not have any interest in which lender you may select, nor do we receive any fees related to your loan transaction. LXE Software funds the LoanXEngine app through an advertising revenue model similar to a newpaper model, but on your phone.

Collection of Information

Information you Provide via iPhone. When you use the LoanXEngine iPhone app, we collect personal information you provide such as your name, phone number, email address. We collect your unique iPhone hardware indentification number and may collect optional information you desire to disclose. We collect this information on the 'loan criteria' tab. We do NOT collect any additional information, place hidden cookies or tracking software on the iPhone. Electronically transmitted information is sent over https for encrypted, secure transmission, or by other similar means.

Non-iPhone Communication. If you call LXE Software offices, or send email(s), conversations may be recorded and maintained for internal purposes.

Lender Communication. LXE Software will track your selection of Lender(s), and the transmission of information to the selected Lender(s). Information transmission will be sent over https for encrypted, secure transmission, or by other similar means. Collection of information and conversations by you and the selected Lender(s) are deemed private, and confidential and only between you and the selected Lender.

Usage and Disclosure of Information

Your privacy is extremely important to LXE Software. LXE Software uses the information you have provided to determine which advertised loan products to display from participating Lenders. LXE Software may also generate emails to you if you activate Rate Watch monitoring and Daily Rate report emails. You control these services and can opt out at anytime by editing the settings on the 'loan criteria' tab and running a loan search to set the changes.

LXE Software does NOT share any personal information with participating Lenders, unless you 1) select an advertised loan quote, 2) request to be contacted from a specific lender and 3) confirm the contact information to be sent. LXE Software will ONLY share information with the selected lender and provide information from the 'loan criteria' tab and which advertised loan product you selected. You may opt to request contact from multiple lenders, if desired.

Telephone and email conversations between LXE Software and yourself will be deemed private, and will not be disclosed to any non-related third-party. Conversations may be used for internal purposes, or actions that need to be taken to improve quality of service.

For internal purposes and quality control, LXE Software may request resolution information on the outcome of your inquiry for contact from a selected Lender.

Any personal information you have provided will NEVER be sold or disclosed to an outside third-party, or inappropriately used. LXE Software maintains your information privacy and requires participating lenders to abide by this privacy statement. If LXE Software discovers any Lender has disclosed any personal information to outside parties or has inappropriately used your information, the Lender will be immediately terminated from participating in the LoanXEngine iPhone Marketplace.

LXE Software may disclose your information for legal obligation or protection from harm. Diclosure of information may occur when LXE Software has a good faith belief that access, use, preservation or disclosure of the personal information is reasonably necessary to (a) satisfy any requirement of law, regulation, legal process, or enforceable governmental request, (b) enforce or investigate a potential violation of the Terms of Use, (c) detect, prevent, or otherwise respond to fraud, security or technical concerns, or (d) protect the rights, property, or safety of LXE Software, its users, or the public against harm.

Merger or sale. If LXE Software or a Lender is involved in a merger, acquisition, or any form of sale of some or all of its business, End User personal information may be transferred along with the business, but the purchaser shall agree to assume the privacy obligations of the Lender within this Privacy Statement and all other Agreements regarding the Service.

Stewardship and Exemplary Mortgage PracticesLXE Software expects participating Lenders of the Service to provide the highest levels of stewardship and exemplary mortgage practices. Lenders have agreed to comply with all applicable federal and state laws and regulations and any business operations conducted pursuant to the Terms of Use and this Privacy Policy. Lenders have agreed to ensure that it and all of its business associates conducting business related to the Service are in compliance with all federal, state or other laws or regulations applicable to them in their professional capacities as mortgage bankers, mortgage brokers, or any other regulated field or occupation related thereto. The Lender agrees to only operate in, and respond to quote requests from jurisdictions where the Lender is licensed or otherwise authorized to operate by applicable law. Each Lender has agreed to cooperate with LXE Software to investigate or enforce the Lender Terms of Use, this Privacy Policy, and applicable laws and regulations; and with any inquiry or investigation by regulators or law enforcement officials related to the Service. In addition, LXE Software expects, and the Lender has agreed to always keep the best interest of the potential borrower in mind and the Lender will not encourage an End User to secure a loan that the End User is not likely to be able to afford. LXE Software may, at anytime, remove a Lender from participating in the Service, at LXE Software's sole discretion.

Items Not Covered
Aggregated non-personal information and other information without personal identification. While we do not share your personal information with third parties unless permitted above, LXE Software may share aggregate anonymous information with third-parties. This information does not personally identify individuals, but instead provides a helpful understanding of the usage of the LoanXEngine iPhone app and people who prefer certain types of information and services.

Children under the age of 13
LXE Software will not knowingly collect personally identifiable information from any person under the age of 13. Our services are not designed to attract the attention of persons under the age of 13.

Storage and Security of Information
Personal information is processed and stored by LXE Software in databases hosted in the United States. LXE Software has taken reasonable steps to protect the information users share with us, including, but not limited to, setup of processes, equipment and software to avoid unauthorized access or disclosure of this information, and utilizing data encryption techniques.

Contacting LXE Software
If you have any questions about this privacy statement, or the privacy practices of LXE Software, please e-mail us at support@loanxengine.com

Please note that this policy may be amended from time to time. You should check back for the most current version before relying on any of the provisions in this privacy policy.

-- Updated July 2009

Welcome to the LoanXEngine iPhone app. By using the LoanXEngine iPhone app, related data, and/or related services (collectively, "Services"), you agree to be bound by the following terms of use ("Terms of Use").

1. Personal Use. You agree to use the Services for your personal use. Your commercial use is limited to transactions done on your own behalf. Lending professionals may provide information to consumers via the Services or, where authorized, take actions on behalf of a consumer client (e.g., when speaking directly with a select Lender). Subject to the restrictions set forth in the following paragraphs, you may copy information from the Services only as necessary for your personal use to (a) view, (b) save, and (c) print, fax or e-mail it. You agree otherwise not to reproduce, modify, distribute, decompile, disassemble or reverse engineer any portion of the Services.

2. Restrictions and Additional Terms You agree not to remove or modify any copyright or other intellectual property notices that appear in the Services. You will not use the Services for resale, time-sharing or other similar purposes. In addition:

A. Acceptable Use. You agree not to use the Services in any way that is unlawful, or harms LXE Software, its service providers, suppliers or any other user.

B. Automated Queries. These Terms of Use do not provide you a license to use, reproduce, distribute, display or provide access to any portion of the Services on third-party Web sites.

3.Mortgage Related Services

A. LoanXEngine iPhone app Marketplace. LXE Software allows you to provide anonymous, and non-anonymous information to banks, lenders, originators, loan brokers and their employees (collectively, the Lenders) to request advertising loan quotes on specified criteria for mortgage-backed loans. LXE Software will not provide personally identifying information about you to any Lender without your consent. Through the LoanXEngine iPhone app, Lenders may elect to respond to your request with non-binding advertised quotes of the terms they would offer to a borrower fitting your request profile. These non-binding quotes are not intended to be Good Faith Estimates, but rather advertisement of loan terms based on information provided. The amount of information collected and used in determining an advertised quote is not enough to definitively determine eligibility and pricing, is not a 1003 application. Your mortgage quote does not constitute a commitment to lend or an offer to extend credit. A commitment to lend can only be issued by a selected lender upon satisfactory completion of a complete application, appraisal and credit evaluation. Please note that an actual interest rate and terms cannot be set until a complete application has been taken by your selected Lender. Rates are subject to change; actual rates will reflect current market conditions.

If you choose to contact a Lender through the LoanXEngine iPhone app Marketplace by filling out 1) loan criteria information, 2) submitting a loan search, 3) selecting a product, 4) selecting 'Contact Me' button, 5) confirming your contact information, you authorize LXE Software to provide your name and contact information to the Lender you choose, along with your quote request. By submitting your name and contact information, your identity will no longer be anonymous to your chosen lender and the lender will contact you directly. Any loan or other business is conducted exclusively between you and the Lender.

B. The Role of LXE Software; Disclaimer. LXE Software is a software manufacturer, is not a lender and does not make loans or credit decisions in connection with loans. LXE Software does not endorse or recommend the products of any particular Lender. LXE Software does not guarantee any specific loan terms and conditions offered to you by a Lender will be granted to you, or that you will be offered any type of loan by any Lender. LXE Software is not an agent of either you or any Lender. LXE Software is only providing an advertising service to you and participating Lenders as a user of the LoanXEngine iphone platform. LXE Software assumes no responsibility for any result or consequence related directly or indirectly to any action or inaction that you take based on the Services, including LoanXengine iPhone app Marketplace, and any other information available there.

C. Fees.The LoanXEngine iPhone app is $4.99 to download and use. Lenders participate in this Service on an cost per impression advertising basis. LXE Software does not participate in any loan, and does not receive any fee that depends on which particular Lender you choose to borrow from.

D. Participating Lenders. The Lenders participating on LoanXEngine iPhone Marketplace are solely responsible for their services to you. You agree that LXE Software shall not be liable for any damages or costs of any type arising out of or in any way connected with your use of the LoanXEngine iPhone app, the Loan Services, or the services offered by Lenders. LXE Software is not responsible for any errors or delays caused by you or any Lenders in the loan process. LXE Software reserves the right, at any time and in its sole discretion, to discontinue, suspend, or terminate the participation of any Lender or other user from LoanXEngine iPhone Marketplace. Lenders may include links to third-party products, services and Web sites. LXE Software does not endorse, and takes no responsibility for such products, services, and Web sites.

4. Software
The Services may include iPhone software for use in connection with the Services. If such software is accompanied by an end user license agreement ("EULA"), the terms of the EULA will govern your use of the software. If such software is not accompanied by a EULA, LXE Software grants to you a non-exclusive, revocable, personal, non-transferable license to use such software solely in connection with the Services and in accordance with these Terms of Use.

5. Intellectual Property
The Services are the property of LXE Software Inc., and subject to intellectual property rights. Patent Pending.

6. NO WARRANTY
LXE SOFTWARE PROVIDES THE SERVICES "AS IS," "WITH ALL FAULTS" AND "AS AVAILABLE," AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LXE SOFTWARE AND ITS SUPPLIERS MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED. LXE SOFTWARE AND ITS SUPPLIERS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OR CONDITIONS, EXPRESS, STATUTORY AND IMPLIED, INCLUDING WITHOUT LIMITATION (A) WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, TITLE, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS AND NON-INFRINGEMENT, (B) WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE, AND (C) WARRANTIES OR CONDITIONS OF UNINTERRUPTED OR ERROR-FREE ACCESS OR USE.

7. LIABILITY LIMITATION; EXCLUSIVE REMEDY. IN NO EVENT WILL LXE SOFTWARE OR ANY SUPPLIER BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM THESE TERMS OF USE OR YOUR USE OF THE SERVICES, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE EXCLUSION OF DAMAGES UNDER THIS PARAGRAPH IS INDEPENDENT OF YOUR EXCLUSIVE REMEDY AND SURVIVES IN THE EVENT SUCH REMEDY FAILS OF ITS ESSENTIAL PURPOSE OR IS OTHERWISE DEEMED UNENFORCEABLE. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (A) BREACH OF CONTRACT, (B) BREACH OF WARRANTY, (C) NEGLIGENCE, OR (D) ANY OTHER CAUSE OF ACTION, TO THE EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW. IF YOU DO NOT AGREE WITH ANY PART OF THESE TERMS OF USE, OR YOU HAVE ANY DISPUTE OR CLAIM AGAINST LXE SOFTWARE OR ITS SUPPLIERS WITH RESPECT TO THESE TERMS OF USE OR THE SERVICES, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICES.

8. Changes; Discontinuance
LXE Software reserves the right to change the Terms of Use, and you are responsible for regularly reviewing these Terms of Use. Your continued use of the Services after the effective date of such changes will constitute acceptance of and agreement to any such changes. LXE Software may suspend or discontinue the Services at any time to you and/or to others, without notice.

9. Choice of Law; Disputes
These Terms of Use are governed by the laws of the State of Colorado, without giving effect to its conflict of laws provisions. You agree to submit to exclusive jurisdiction and venue in the state and federal courts sitting in Denver, Colorado for any and all disputes, claims and actions arising from or in connection with the Services and/or these Terms of Use. In any dispute arising under this Agreement, the prevailing party will be entitled to attorneys' fees and expenses.

10. General.
You agree not to export from anywhere any part of the Services provided to you or any direct product thereof except in compliance with and with all licenses and approvals required under, applicable export laws, rules and regulations. All Services used by the U.S. Government are provided with the commercial license rights described herein. If any part of these Terms of Use is determined to be invalid or unenforceable, then the invalid or unenforceable provision will be replaced with a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms of Use will continue in effect. The section titles in these Terms of Use are solely used for the convenience of the parties and have no legal or contractual significance. LXE Software may assign this Agreement, in whole or in part, at any time with or without notice to you. You may not assign these Terms of Use, or assign, transfer or sublicense your rights, if any, in the Service. LXE Software's failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. Except as expressly stated herein, these Terms of Use constitute the entire agreement between you and LXE Software with respect to the Services and supersede all prior or contemporaneous communications of any kind between you and LXE Software with respect to the Services.

Updated July 2009

LXE Software Mobile Loan Advertising Service
By applying to participate LXE Software Inc.'s LoanXEngine iPhone app Marketplace (the "Service") offered by LXE Software, Inc. ("LXE Software"), banks, lenders, originators, loan brokers, and their employees participating in the Service (each a "Lender") agree to be bound by the following Lender terms of use ("Terms of Use"). These terms bind all Lenders who apply to or participate in the Service.

1. Application
Each Lender participating in the Service is required to sign and submit this Application, agree to abide by LXE Software's Privacy Policy, be a positive steward in representing the mortgage industry and always maintain the a prospective borrower's best interest in facilitating residential mortgage loans.

A. Use of Information. LXE Software may use information in the Lender Application, the Privacy Policy, any other software license agreement(s) and pubic information that exists or later becomes known to determine, in LXE Software's sole discretion, whether to confirm or cancel the Lender's participation in the Service. The Lender agrees that LXE Software may disclose the application information to third-party provider(s) who assist in background checks, license confirmations, or other processes involved in the review of applications. LXE Software requires a Lender's Federal Identification Number (EIN), address and principle's names as part of the application. LXE Software and its third-party provider(s) will only use the EIN, address and principle's names for purposes of confirming the Lender's identity. The Lender's information is deemed private, and access shall be limited to only LXE Software's personnel who have a need to use the Lender's private information for purposes of this Application.

B. Application Fee. Application Fee. A one-time application fee may exist to cover lender verification and set-up.

C. Warranty. The Lender warrants that all information provided in the Application is true and complete, and shall abide by privacy and confidentiality agreements.

D. Notice. LXE Software will notify Lender via phone and designated account e-mail when the application decision has been completed.

2. The Service
LXE Software is a software manufacturer and service provider with an advertisement technology. LXE Software is not a lender, originator, broker or bank. LXE Software enables potential borrowers to make requests to Lenders for specific advertised quotes on terms for mortgage-backed loans. LXE Software provides a collection form for website, handheld or mobile phone devices for a potential borrower to enter loan criteria. Upon completing the form, the potential borrower's information is entered into the LXE Software's Service, and analyzed, returning to the borrower a private list of advertised products and rates offered by multiple licensed mortgage brokers or banks. This private list of advertised rate/program information is displayed specifically for the potential borrower. Each request is encrypted, private and confidential. No contact or personal borrower information is transferred to a Lender during a request. Via LXE Software's Service, each Lender will provide the potential borrower with a non-binding customized quote of the terms the Lender would offer to the potential borrower fitting the borrower's submitted profile. The potential borrower controls the number of advertising loan products they wish to have returned to them. LXE Software does not collect enough information to originate a loan or make a credit decision and, desirably, these non-binding quotes are accurate for the given request profile, but are not intended to be Good Faith Estimates.

In addition to the display of advertised information, the LXE Software will facilitate contact to a chosen Lender. If desired, the potential borrower may click on a 'Contact Me' button and select a Lender or advertised loan quote/program. If a potential borrower selects a Lender to contact them, the potential borrower's contact and advertised program information will be sent to the Lender. The potential borrower may choose to contact any particular Lender through the Service, in which case the Lender agrees to respond promptly to the contact. Any loan or other business conducted is between the Lender and the potential borrower exclusively. Potential borrowers' may provide ratings or other feedback on the Lenders whom they contact after the Lender responds to their quote requests. LXE Software will request outcome resolution of borrower inquiries from the Lenders. Lenders may not rate themselves or other Lenders.

A. Lender Responsibility.The Lender is solely responsible for its communication with and services for any potential borrower in connection with the Service. The Lender agrees not to use the Service in any way that breaches the Privacy Policy, or this Terms of Use. Each Lender agrees not to use the Service in any way that is unlawful, or harms LXE Software, its service providers, suppliers or any other user.

Except for claims resulting directly from any intentional act of omission by LXE Software, the Lender will indemnify and hold harmless LXE Software, its officers, directors, employees, agents, attorneys, and their related and affiliated parties against any and all claims, demands, costs, liabilities, losses, expenses and damages (including attorneys' fees, costs, and expert witnesses' fees) arising out of or in connection with a (i) claim, lawsuit or any proceeding brought by another party arising from or incident to the performance or non-performance of the obligations contemplated by this Agreement, (ii) the Lender's use of the Services, (ii) violation of these Terms of Use, (iii) any loan, other business, or other communication by the Lender with potential borrowers that use the Service, (iv) any liability arising from the infringement or misappropriation of any intellectual property rights of any other party, and/or (v) the violation of any applicable law, regulation or ordinance.

The Lender recognizes that entry errors, system errors and other factors may result in errors displayed to potential borrowers. LXE Software shall not be responsible for such errors, but will work with the Lender to correct and prevent such errors once identified in a direct and timely manner.

B. Compliance with Laws.The Lender will comply with all applicable federal and state laws and regulations and any business operations conducted pursuant to these Terms of Use. The Lender shall ensure that it and all of its business associates conducting business related to the Service are in compliance with all federal, state or other laws or regulations applicable to them in their professional capacities as mortgage bankers, mortgage brokers, or any other related regulated field or occupation. The Lender will only operate in, and respond to quote requests from jurisdictions where the Lender is licensed or otherwise authorized to operate by applicable law. Each Lender will cooperate with LXE Software to investigate or enforce these Terms of Use, the Privacy Policy, and applicable laws and regulations; and with any inquiry or investigation by regulators or law enforcement officials related to the Service.

C. The Role of LXE Software; Disclaimer. LXE Software does not confirmed any information in any request for quote, any information about the potential borrower submitting a request, or any information in a rating or feedback about any Lender. LXE Software is not a lender and does not make loans or credit decisions, or collect enough information to make a credit decision. LXE Software does not endorse or recommend any potential borrower or the products of any particular Lender. LXE Software does not guarantee information provided by any potential borrower, any specific loan terms and conditions offered by a Lender, or that a potential borrower will be offered any type of loan by any Lender. LXE Software is not an agent of either the potential borrower or any Lender. LXE Software is only providing an administrative and advertising service to potential borrowers and Lenders. LXE Software assumes no responsibility for any result or consequence related directly or indirectly to any action or inaction that the Lender or potential borrower takes based on the Service and any other information or other material on the Service.

LXE SOFTWARE MAKES NO WARRANTIES WITH RESPECT TO THE SERVICE, EXPRESSED OR IMPLIED, EITHER IN FACT OR BY OPERATION OF LAW, BY STATUTE OR OTHERWISE, AND LXE SOFTWARE SPECIFICALLY DISCLAIMS ANY EXPRESSED OR IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF THE INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY.

D. Fees to LXE Software. When a Lender is confirmed, Licensed Mortgage Brokers or Banks will purchase loan product advertising impressions in cost per thousand (CPM) and provide LXE Software with proper information or access to guidelines and rate information to facilitate loan product display. This information will be loaded into the LXE Software's system platform with the intent of displaying targeted loan quote advertisements to potential borrowers.

LXE Software is not a party and does not participate in any portion of a loan transaction and does not receive any fees related to any transaction or referral to a Lender. There are no transfer fees, transmit fees, referral fees or Collateralized Loan Obligation fees of any sort. Additionally, there is NO guarantee of securing any business from the display of advertised loan quotes.

Lender will pay for CPM impressions prior to loan quote impressions displayed to a potential borrower. Each loan quote product listing is considered to be a single impression. If multiple, lender products are returned to the potential borrower, each individual product quote listing is considered a single impression, thus a single inquiry could generate multiple impressions.

Advertising impressions as well as Lender selection transfers will be tracked on a daily basis. Lenders will be provided tools to generate their own reports of impressions, transfers and detailed transfer information per transfer. Controls will be in place to allow Lenders to limit the number of daily impressions and daily transfers, in addition to the total impressions purchased.

LXE Software retains the right to adjust or modify advertising rates at anytime, and will notify the Lender regarding advertising rate changes.

LXE Software charges a one-time application fee as described, above in Section 1B.

LXE Software is also a leading provider of product pricing and eligibility (PPE), customer relationship management (CRM) and Lead Management System (LMS) software in the residential mortgage industry. LXE Software may collect fees from Lenders who license other products outside of the scope of the Service.

E. License. LXE Software grants the Lender a personal, nontransferable, nonexclusive license to use the Service as provided in these Terms of Use. The Lender may copy materials from the Service only to provide services to users who contact the Lender through the Service. The Lender agrees otherwise not to reproduce, modify, distribute, decompile, disassemble or reverse engineer any portion of the Service.

F. Term. The term of this Agreement commences upon execution by both parties, and shall continue until either party elects to terminate the agreement. Either party may terminate the Agreement after 30 days written notice for any reason. In addition, either party may terminate this Agreement upon (a) a material breach by the other party after 15 days' written notice and a reasonable period (not to exceed 30 days) to cure such breach; (b) non-payment by the other party of any amount otherwise due after 10 days' written notice of non-payment; (c) the other party filing a voluntary petition in bankruptcy or other voluntary proceeding relating to its insolvency, receivership, liquidation or an arrangement for the benefit of its creditors; (d) the other party becomes subject to an involuntary proceeding of a similar nature that is not dismissed within 60 days of filing, or (e) the inability of the other party to generally pay its debts as they become due.

Participation in the Service shall be revoked and this Agreement immediately terminated if the Lender is found to have broken the Privacy Policy, or de-compiles, decrypts, reverse engineers, alters, resells or misuses any portion of the Service. In addition, if it is found that the Lender has acted inappropriately and not been a positive steward in representing the mortgage industry, nor maintained the potential borrower's best interest in facilitating residential mortgage loans, the Lender may be terminated from the Service at LXE Software's discretion.

G. Assignment. LXE Software or the Lender may assign or sell all or substantially all of its business, or enter into any merger, consolidation, reorganization or other transaction having a similar effect, provided that the purchaser agrees in writing to assume the obligations of the Lender under this Agreement.

Updated July 2009