FLYSWAT END USER LICENSE AGREEMENT

IMPORTANT:  READ THIS CAREFULLY BEFORE DOWNLOADING AND 
USING THE SOFTWARE.

This is a legal agreement between you the end user 
("Licensee") and flyswat, Inc. ("flyswat").  By clicking 
on the "ACCEPT" button, you are agreeing to become a 
party to and be bound by the terms of this Flyswat End 
User License Agreement ("Agreement").  If you do not 
wish to become a party to and be bound by all the terms 
of the Agreement, click on the "CANCEL" button.  All 
questions concerning the Agreement should be directed 
to: flyswat, Inc., Attn:  Licensing, 75 Hawthorne St., 
Third Floor, San Francisco, CA 94105. 

1. DEFINITIONS

1.1 "Software" means the object code version of 
flyswat's "flyswat" software provided to Licensee in 
connection with this Agreement, and shall also include 
any updates, improvements, or modifications hereinafter 
furnished to Licensee by flyswat, whether requested by 
Licensee or initiated by flyswat.  It is understood that 
the provision of any such updates, improvements, or 
modifications shall be at flyswat's sole discretion and 
may be subject to fees and/or additional terms and 
conditions.

1.2 "Navigation Services" means the services provided 
by flyswat to Licensee in conjunction with the use of 
the Software by the Licensee by which flyswat provides 
Internet links and certain other Internet navigation 
functions.

1.3 "Install" means to use the installation program 
provided as part of the Software to install portions 
of the Software onto Licensee's computer system on 
Licensee's premises for subsequent use by Licensee.

2. LICENSE GRANT

2.1 License Grant.  Subject to the terms and conditions 
of this Agreement, flyswat grants to Licensee a 
non-exclusive, non-transferable license to:(i) Install 
the Software on a single computer for use with a single 
CPU; and (ii) to use the Software, in object code form 
only, on such computer.

2.2 License Restrictions.  Licensee shall not and shall 
not permit any other party to: (i) modify, translate, 
reverse engineer, decompile, disassemble, or otherwise 
reduce the Software to human perceivable form except 
to the extent that such activities may not be 
prohibited under applicable law; (ii) copy (except as 
expressly authorized under this Agreement); (iii) 
transfer, lease, loan, sublicense, resell, distribute, 
or otherwise grant any rights in the Software in any 
form to any third party, including any commercial 
time-sharing, rental, outsourcing, or service bureau 
use; or (iv) write or develop any derivative works of 
the Software.  All rights not specifically granted to 
Licensee herein are reserved to flyswat. All trademark, 
trade name, copyright, and other proprietary rights 
notices or legends appearing on or in the Software 
shall not be removed or altered and shall be accurately 
reproduced by Licensee on any copies to the extent 
Licensee is permitted to make such copies.

2.3 Navigation Services.  The Software is intended 
for use by Licensee in conjunction with flyswat's 
Navigation Services.  Flyswat reserves the right to 
terminate the provision of Navigation Services at any 
time, for any reason.  Upon termination of Navigation 
Services, Licensee's license to use the Software set 
forth in this Section 2 shall also terminate.  Flyswat 
shall not be liable for any injury, loss, or damages of 
any kind to Licensee resulting from the termination of 
such Navigation Services.

2.4 Ownership. All right, title, and interest, 
including all intellectual property rights, in and 
to the Software and Navigation Services shall remain 
with flyswat.  Licensee acknowledges that the licenses 
granted under this Agreement do not provide Licensee 
with title or ownership of the Software, Software 
copy, or Navigation Services, but only a limited 
right of use.

3. USE OF DATA.  Use of the Software and Navigation 
Services by Licensee results in the generation of 
certain usage and site data by Licensee.  This data 
does not include any personal data by which Licensee 
may be identified.  Licensee grants flyswat the 
right to record such data and to use the data solely 
in aggregate form.  If Licensee does not wish to 
grant flyswat such rights, Licensee may opt-out of 
this provision after installation by (1) clicking 
on the "Personalization" icon provided in the 
Software, (2) proceeding to the "Privacy Options" 
page, (3) selecting "Suspend Recording" and (4) 
selecting "Do not resume recording on browser 
re-start."

4. TERM AND TERMINATION

4.1 Term.  This Agreement shall remain in effect 
perpetually unless terminated as provided below.

4.2 Termination.  This Agreement shall automatically 
terminate in the event of unauthorized distribution, 
copying, use, or modification of the Software by 
Licensee.  flyswat may terminate this Agreement at 
any time upon notification to Licensee or 
termination of Navigation Services, and Licensee 
may terminate the Agreement at any time by 
destroying or erasing any and all copies of the 
Software in Licensee's possession.

4.3 Effect of Termination.  Upon termination of 
this Agreement, the rights and licenses granted 
to Licensee under this Agreement shall immediately 
terminate. Licensee shall immediately destroy or 
erase all copies of the Software in Licensee's p
ossession.  Sections2.4, 4, 5, 6, 7, 8, and 9 shall 
survive termination of this Agreement for any reason.

5. DISCLAIMERS

5.1 Software Warranty Disclaimer.  THE SOFTWARE IS 
PROVIDED TO LICENSEE FREE OF CHARGE "AS IS."  
FLYSWAT MAKES NO PROMISES, REPRESENTATIONS, OR 
WARRANTIES, EITHER EXPRESS, IMPLIED, STATUTORY, 
OR OTHERWISE, WITH RESPECT TO THE SOFTWARE, AND 
FLYSWAT SPECIFICALLY DISCLAIMS ALL WARRANTIES OF 
MERCHANT ABILITY, NONINFRINGEMENT, AND FITNESS FOR 
A PARTICULAR PURPOSE.  FLYSWAT DOES NOT WARRANT 
THAT THE OPERATION OF THE SOFTWARE WILL BE 
UNINTERRUPTED OR ERROR FREE.

5.2 Data and Content Disclaimer.  Use of the 
Software and Navigation Services results in the 
provision of Internet links to sites controlled 
and provided by third parties.  All data and content 
provided through or available on such sites is 
the property of such data or content owner and 
are subject to copyright and other restrictions 
imposed by such sites or the content owners.  
Flyswat does not own, control, manage, or supervise 
such data, content, or third party sites.  FLYSWAT 
MAKES NO PROMISES, REPRESENTATIONS, OR WARRANTIES, 
EITHER EXPRESS, IMPLIED, OR STATUTORY, WITH 
RESPECT TO SUCH DATA AND CONTENT, AND FLYSWAT 
SPECIFICALLY DISCLAIMSANY WARRANTIES AS TO THE 
AVAILABILITY, ACCURACY, OR CONTENT OF INFORMATION, 
PRODUCTS, OR SERVICES, AND ANY WARRANTIES OF 
MERCHANT ABILITY AND FITNESS FOR A PARTICULAR 
PURPOSE.  LICENSEE'S USE OF AND RELIANCE ON ANY 
SUCH DATA AND CONTENT IS AT ITS OWN RISK ANDEXPENSE.

5.3 High Risk Activities.  THE SOFTWARE IS NOT 
FAULT-TOLERANT AND IS NOT DESIGNED, MANUFACTURED, 
OR INTENDED FOR USE OR RESALE AS ON-LINE CONTROL 
EQUIPMENTIN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE 
PERFORMANCE, SUCH AS IN THE OPERATION OF NUCLEAR 
FACILITIES, AIRCRAFT NAVIGATION, OR COMMUNICATION 
SYSTEMS, AIR TRAFFIC CONTROL, DIRECT LIFE SUPPORT 
MACHINES, OR WEAPONS SYSTEMS, IN WHICH THE FAILURE 
OF THE SOFTWARE COULD LEAD DIRECTLY TO DEATH, PERSONAL 
INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGES 
("HIGH RISK ACTIVITIES").  ACCORDINGLY, FLYSWAT 
SPECIFICALLY DISCLAIM ANY EXPRESS OR IMPLIED WARRANTY 
OF FITNESS FOR HIGH RISK ACTIVITIES.

6. LIMITATION OF LIABILITY.  UNDER NO CIRCUMSTANCES 
WILL FLYSWAT BE LIABLE FOR ANY SPECIAL, DIRECT, 
INDIRECT, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL 
DAMAGES OF ANY KIND OR NATURE WHATSOEVER, ARISING 
OUT OF OR IN ANY WAY RELATED TO THIS AGREEMENT. SUCH 
LIMITATION ON DAMAGES INCLUDES, BUT IS NOT LIMITED 
TO, BUSINESS DISRUPTION, LOSS OF DATA OR COST OF 
COVER, OR DAMAGE TO SYSTEMS AND DATA, REGARDLESS OF 
THE LEGALTHEORY ON WHICH THE CLAIM IS BROUGHT, EVEN 
IF FLYSWAT HAS BEEN ADVISED OF THE POSSIBILITY OF 
SUCH DAMAGE OR IF SUCH DAMAGE COULD HAVE BEEN 
REASONABLY FORESEEN.

7. U.S. GOVERNMENT RIGHTS.  The Software is deemed 
to be "commercial computer software" and/or 
"commercial computer software documentation" 
pursuant to DFAR Section 227.7202 and FAR Section 
12.212 as applicable. Any use, duplication, 
reproduction, release, modification, disclosure, 
performance, display, or transfer by the U.S. 
Government shall be governed solely by, and 
prohibited, except as expressly permitted under 
the terms of this Agreement.

8. EXPORT.  Flyswat is subject to, and Licensee 
warrants that it will comply with, regulations of 
agencies of the U.S. Government regarding export 
and re- export restrictions on the Software, 
including, but not limited to, the Export 
Administration Regulations of the U.S. Department 
of Commerce, which prohibit export or diversion of 
certain technical products to certain countries.

9. GENERAL.  Licensee may not assign this Agreement 
or any rights or obligations hereunder, directly or 
indirectly by operation of law or otherwise, without 
the prior written consent of flyswat.  If any 
provision of this Agreement is held by a court of 
competent jurisdiction to be contrary to law, the 
remaining provisions of this Agreement shall remain 
in full force and effect.  This Agreement shall not 
be governed by the 1980 United Nations Convention on 
Contracts for the International Sale of Goods; 
rather this Agreement shall be governed by the laws 
of the State of California, without reference to 
conflict of laws principles.  This Agreement 
represents the entire understanding and agreement 
of the parties regarding the subject matter hereof 
and may only be modified in writing signed by an 
authorized representative of flyswat.