CAREFULLY READ THE FOLLOWING LlCENSE AGREEMENT BEFORE OPENING ANY OF THE MEDIA PACKS THAT CONTAIN THE SOFTWARE YOU WISH TO LICENSE. BY OPENING A MEDIA PACK YOU INDICATE YOUR ACCEPTANCE OF THE TERMS OF THIS AGREEMENT. IF YOU DO NOT ACCEPT THE TERMS OF THIS AGREEMENT, PROMPTLY RETURN THE ENTIRE PACKAGE FOR A FULL REFUND. DEFINITIONS: þEBT means Electronic Book Technologies, Inc. þSoftware means the computer program contained in this package, and all updates to the computer program. The term also includes all copies of any part of the computer program. þDocumentation means the user's manual(s) and other printed materials accompanying the Software. þProduct means Software and Documentation. LICENSE GRANT: EBT grants you a nonexclusive, nontransferable license to: þUse the Software on a single computer, or on an authorized number of simultaneous computers in a local area network. þMake one copy of the Software for the purpose of (i) using the Software on the System; and (ii) for backup purposes. Except as provided above, no right to reprint or copy the Software or Documentation in whole or in part is granted. þYou shall not disassemble, decompile or in any way attempt to reverse engineer any of the Software. If the provisions of the Council of European Communities Directive of May 14, 1991 on the Legal Protection of Computer Programs (the "Software Directive") apply to your use of the software, and you wish to obtain the information necessary to achieve interoperability of an independently created computer program with a software product licensed hereunder as permitted under Article 6 of the Software Directive (Interoperability Information), you must notify EBT in writing, specifying the nature of the Interoperability Information you need and the purpose for which it will be used. If EBT reasonably determines that you are entitled to such Interoperability Information under Article 6, EBT shall, at its option, either (i) provide such Interoperability Information to you, or (ii) authorize you to reverse engineer the Software, within the limits prescribed by Article 6, solely to the extent indispensable to obtain such Interoperability Information. If EBT elects clause (i), you will provide all information and assistance reasonably requested by EBT to enable EBT to perform clause (i), and EBT may charge you a reasonable fee determined at EBT's discretion, for making available the requested Interoperability Information, unless such a fee is prohibited under Article 6. * You may not sublicense, rent or lease any portion of the Product. If you wish to become a distributor for the Product, please contact EBT for request terms and conditions. COPYRIGHT/PROPRIETARY RIGHTS: þThe Product and all copies thereof are proprietary to and the property of EBT, and title thereto remains with EBT. All applicable rights in copyrights, trademarks, trade secrets and other intellectual property rights in the Software and all information relating to the Software regardless of its type or form are and will remainin EBT and are protected by the United States and international copyright laws. The license and your right to use the Product terminate immediately if you via Iate any part of this agreement. In the event of termination you must immediately destroy all copies of the Product or return them to EBT. LIMITED WARRANTY: þEBT warrants that the media on which the Software is distributed to be free from defects in materials and workmanship and that the Software will perform substantially in accordance with the Documentation for a period of 90 days from your receipt of the Product. Any written or oral information given by EBT dealers, distributors or agents will in no way increase the scope of this warranty. * if the Product fails to comply with the warranty set forth above, EBT's entire liability and your exclusive remedy will be replacement of the disk, or at EBT.'s option, EBT's reasonable effort to make the Product meet the warranty set forth above. If EBT is unable to make the Product conform to the above warranty, EBT at its option, will refund the price you paid for the Software. Any replacement Software is warranted for the remainder of the original 90 day warranty period or for thirty days from the date you received the replacement, whichever is longer. þEBT DlSCLAIMS ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED INCLUDING BUT. NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANT ABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE PRODUCT þIN NO EVENT SHALL EBT. BE LIABLE TO LICENSE OR ANY THIRD-PARTY FOR ANY SPECIAL, DIRECT, INDIRECT, EXEMPLARY INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING ANY LOST PROFIT OR LOST. SAVINGS, EVEN IF EBT HAS BEEN ADVISED, KNOWS OR SHOULD KNOW OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN CONNECTION WITH EBT'S PERFORMANCE HEREUNDER OR THE DELIVERY, SALE, USE OR INABILITY TO USE OR PERFORMANCE OF THE SOFTWARE PROVIDED HEREUNDER. IN NO EVENT SHALL EBT'S LIABILlTY HEREUNDER BASED ON ANY LEGAL THEORY OR CAUSE OF ACTIONEXCEED THE TOTAL AMOUNT PAID TO EBT BY LICENSEE. GENERAL: This agreement constitutes the entire agreement between you and EBT and supersedes all prior agreements concerning the subject matter herein and may not be changed or terminated except by a written communication. EBT is not bound by any provision of any purchase order, receipt, acceptance, confirmation, correspondence or otherwise unless EBT agrees to the provision in writing. This agreement shall be governed by the laws of the State of Rhode Island and any disputes arising hereunder shall be resolved only in the State and Federal courts of Rhode Island. þThe United Nations Convention on Contracts for the International Sale of Goods shall not apply to the Agreement. þYou acknowledge that shipments of the Software are subject to the export Laws of the United States and that such laws could delay or preclude delivery of Software. Notwithstanding anything else herein, you shall not directly or indirectly export or re-export any Software from the country of purchase, except to the extent otherwise pennitted in writing by EBT, and only after compliance with all applicable US and foreign export control and other laws and regulations (inducing providing EBT with any required assurances regarding export and re-export). þUS GOVERNMENT USERS: If SOFTWARE is acquired by or on behalf of an entity of the US Government, thefollowing provision applies: US GOVERNMENT RESTRICTED RIGHTS LEGEND Use, duplication or disclosure of SOFTWARE by the government is subject to restrictions as set forth in FAR 52.227-19 (c)(2) or subparagraph (c) of the Rights in Technical Data and Computer SOFTWARE clause at DFARS 252.227-7013 and/or in similar or successor clauses in the FAR, or the DOD or NASA FAR Supplement. Unpublished rights reserved under the Copyright Laws of the United States. Contractor/manu- facturer is ELECTRONIC BOOK TECHNOLOGIES, INC., 1 Richmond Square, Providence Rhode Island 02906.