BonAmi Software Corporation License Agreement Use of the accompanying software is subject to this License Agreement. If you agree to this License and wish to use the software, please click the "Accept" button. If you do not agree, please click the "Decline" button and do not install the software. If you do not install the Software and you have purchased a license to use the Software, you may return the product to the place of purchase for a refund. For purposes of this License Agreement ("Agreement"), the following additional terms are defined. The term "Licenser" shall refer to BonAmi Software Corporation ("BonAmi") unless the Software has been acquired through a third party product or service, in which case "Licenser" shall refer to such third party. The term "Software" shall refer to the accompanying proprietary software and documentation materials. LICENSE AGREEMENT If no license fee has been paid, Licenser hereby grants you a non-exclusive 30-day license to use its Software, free of charge and subject to the other provisions contained herein, for the sole purpose of evaluating whether to purchase an ongoing license to use the Software. At the end of 30 days you must purchase a license in order to continue using the Software. If a license fee has been paid, Licenser grants you a non-exclusive license to use the Software subject to the other provisions contained herein. SCOPE OF LICENSE You may use the Software on a single computer. You may copy the Software onto any machine-readable or printed form for backup purposes only. You may transfer the software and license to another party if the other party agrees to accept the terms and conditions of this Agreement. If you transfer the Software, you must at the same time either transfer to the same party all copies of the Software, whether in printed or machine-readable form, or destroy all copies not transferred. You may not modify, translate, reverse engineering, decompile, disassemble (except to the extent applicable laws specifically prohibit such restriction), remove any proprietary notices or labels from the Software, or operate or use the Software for any competitive analysis of the Software or to create any software with similar functionality, or to create derivative works based on the Software. You may not allow others to use or copy the Software other than as specified above. You may not rent, lease, grant a security interest in, or otherwise transfer rights to the Software except as specified above. LIMITED WARRANTY If no license fee has been paid, the Software is provided "AS IS" without warranty of any kind, including without limitation the warranties of merchantability, fitness for a particular purpose and non-infringement. If a license fee has been paid, Licenser warrants that for a period of ninety days from the date of acquisition, the Software, if operated as directed, will perform substantially in accordance with the accompanying documentation. Licenser does not warrant that this software will meet your requirements, or that your use of the Software will be uninterrupted, or that the Software is error-free or secure. Licenser disclaims any and all other warranties, either expressed or implied, including but not limited to any implied warranties of merchantability and fitness for a particular purpose with respect to the software and the accompanying written materials. In no event shall Licenser be liable for any damages, whether incidental or consequential, arising out of the use of or inability to use this software. Note: Since some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. Licenser's entire liability and your exclusive remedy shall be, at Licenser's option, either refund of the license fee paid or replacement of the software that does not meet BonAmi's Limited Warranty and that is returned to Licenser with a copy of your receipt. TERMINATION The license will terminate automatically if you fail to comply with this Agreement. In such event, you must destroy all copies of the Software. This warranty shall immediately terminate if you modify the Software, if the media is subjected to accident, abuse, or improper use, or if you breach this Agreement. GOVERNING LAWS This Agreement shall be governed by the laws of the State Of Delaware, excluding conflict of law provisions. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. If any part of this Agreement is found void and unenforceable, it will not affect the validity of the balance of the Agreement, which shall remain valid and enforceable according to its terms. You agree that the Software will not be downloaded, shipped, transferred or exported into any country or used in any manner prohibited by the United States Export Administration Act or any other export laws, restrictions or regulations. RESTRICTED RIGHTS LEGEND Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in Subparagraph (c)(1)(ii) of DFARS 252.227-7013, or in FAR 52.227-19, as applicable. TITLE AND COPYRIGHT NOTICE The Software is protected by copyright laws and international treaties. BonAmi retains all title and ownership rights in the Software, including any revisions. Performance '95(TM) and CPU Meter '95(TM) are Copyright (c) 1995-1998 BonAmi Software Corporation. All Rights Reserved. Performance '95 and CPU Meter '95 are trademarks of BonAmi Software Corporation. Contractor/manufacturer is BonAmi Software Corporation, 60 Thoreau Street, No. 219, Concord, MA 01742. Contact BonAmi Software Corporation on the Internet at: http://www.bonamisoftware.com. BonAmi Software Corporation License Agreement, v1.30, January 1998. Copyright (c) 1998, BonAmi Software Corporation. All rights reserved.