REALLY EASY INTERNET, INC.
END-USER LICENSE AGREEMENT

READ THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT CAREFULLY BEFORE INSTALLING THE COMPUTER SOFTWARE CONTAINED HEREIN. (the “PROGRAM”).  THIS AGREEMENT DESCRIBES THE TERMS ON WHICH REALLY EASY INTERNET, INC. (REFERRED TO AS “LICENSOR”) OFFERS YOU A LICENSE TO USE THE PROGRAM AND ACCESS TO AN ACCOUNT (THE "ACCOUNT") TO UTILIZE THE PROGRAM.  THE PROGRAM AND ALL ASSOCIATED DOCUMENTATION (IF ANY) IS COPYRIGHTED AND LICENSED (NOT SOLD).  BY INSTALLING, COPYING, OR OTHERWISE USING THE PROGRAM, YOU ARE ACCEPTING AND AGREEING TO THE TERMS OF THIS LICENSE AGREEMENT. IF YOU ARE NOT WILLING TO BE BOUND BY THE TERMS OF THIS LICENSE AGREEMENT, DO NOT INSTALL OR OTHERWISE USE OR COPY THE PROGRAM.  THIS LICENSE AGREEMENT REPRESENTS THE ENTIRE AGREEMENT CONCERNING THE PROGRAM BETWEEN YOU AND REALLY EASY INTERNET, INC.., AND IT SUPERSEDES ANY PRIOR PROPOSAL, REPRESENTATION, OR UNDERSTANDING BETWEEN THE PARTIES.

1. License Grant; Limitations.   Licensor hereby grants to you, and you accept, a nonexclusive license to use the Program contained therein in machine-readable, object code form only. The Program may be used only on a single computer owned, leased, or otherwise controlled by you; or in the event of the inoperability of that computer, on a backup computer selected by you. Neither concurrent use on two or more computers nor use in a local area network or other network is permitted without separate authorization and the payment of other license fees. You agree that you will not assign, sublicense, transfer, pledge, lease, rent, or share your rights under this License Agreement. You agree that you may not reverse assemble, reverse compile, or otherwise translate the Software.  You agree that you are liable for all activities conducted through your Account.

Upon loading the Software into your computer, you may make one copy of the Software for the purpose of backup in the event the Program is damaged or destroyed. Any such copies of the Software shall include Licensor's copyright and other proprietary notices. Except as authorized under this paragraph, no copies of the Program or any portions thereof may be made by you or any person under your authority or control.

Neither this Agreement nor your Account entitles you to any subsequent releases of the Program, nor to any expansion packs or similar ancillary products. You understand that Licensor may update or otherwise enhance the Program at any time and in doing so incur no obligation to furnish such updates to you pursuant to this Agreement.

Licensor may amend this Agreement at any time in our sole discretion. Amendments shall be communicated to you at the time you access your Account. Such amendments shall be effective whenever we make the notification available for your review.

You may not use any third party software to modify the Program. You may not use Licensor's intellectual property rights contained in the Program to create or provide any other means through which the Program can be used, as through server emulators. You may not take any action which imposes an unreasonable or disproportionately large load on Licensor's infrastructure.

2. Licensor's Rights.   You acknowledge and agree that the Program and the related documentation are proprietary products of Licensor protected under U.S. copyright law and international treaty provisions. You further acknowledge and agree that all right, title, and interest in and to the Program, including associated intellectual property rights, are and shall remain with Licensor. This License Agreement does not convey to you an interest in or to the Program, but only a limited right of use revocable in accordance with the terms of this License Agreement.

3. Term.   This License Agreement is effective upon your installation of the Program and shall continue until terminated. You may terminate this License Agreement at any time by destroying the Program and all copies thereof. Licensor may terminate this License Agreement upon the breach by you of any term hereof.  You agree upon termination to promptly destroy the Program together with all copies and merged portions in any form. Licensor may also terminate this Agreement for any reason, in its sole and absolute discretion.

4.  Account.  The Program will only function in conjunction with an active Account of good standing.  You understand that Licensor is permitting you to maintain an Account free-of-charge.  LICENSOR RESERVES THE ABSOLUTE RIGHT TO MODIFY THE TERMS OF ITS ACCOUNT WITH YOU AT ANY TIME.  SUCH MODIFICATIONS MIGHT INCLUDE, WITHOUT LIMITATION, THE RIGHT TO BEGIN CHARGING YOU A RECURRING FEE FOR YOUR USE OF YOUR ACCOUNT.

5.  U.S. GOVERNMENT RESTRICTED RIGHTS.  The Program is provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software Restricted Rights at 48 CFR 52.227-19, as applicable. Manufacturer is Really Easy Internet, Inc., P.O. Box 26656, Austin, TX 78755.

6.. DISCLAIMER OF WARRANTIES:   The Program is provided to you on an “AS IS” basis, without any technical support or warranty of any kind from Licensor including, without limitation, a warranty of merchantability, fitness for a particular purpose and non-infringement. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.  LICENSOR IS not liable for any delay or failure to perform resulting from any causes beyond ITS reasonable control. Further, LICENSOR cannot and doES not promise or ensure that you will be able to access your Account whenever you want, and there may be extended periods of time when you cannot access your Account.

7. LIMITATION OF DAMAGES:   TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL LICENSOR OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE PRODUCT, EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  BECAUSE SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. The limited warranty, exclusive remedies and limited liability set forth above are fundamental elements of the basis of the bargain between Licensor and you. You agree that Licensor would not be able to provide the Program on an economic basis without such limitations. 

8.  LIMITATION OF LIABILITY.  LICENSOR'S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY UNDER THIS AGREEMENT SHALL NOT EXCEED FIVE DOLLARS (US$5.00).

9.  EXPORT RESTRICTIONS.  You agree that you will not export or re-export the Program to any country, person, entity or end user subject to U.S.A. export restrictions.  Restricted countries currently include, but are not necessarily limited to Cuba, Iran, Iraq, Libya, North Korea, Syria, and the Federal Republic of Yugoslavia (Serbia and Montenegro, U.N. Protected Areas and areas of Republic of Bosnia and Herzegovina under the control of Bosnian Serb forces).  You warrant and represent that neither the U.S.A. Bureau of Export Administration nor any other federal agency has suspended, revoked or denied your export privileges.

10. GENERAL: This Agreement shall be governed by the internal laws of the State of Texas without respect to conflicts of law provisions thereof. This Agreement contains the complete agreement between the parties with respect to the subject matter hereof, and supersedes all prior or contemporaneous agreements or understandings, whether oral or written. The UN Convention on Contracts for the International Sale of Goods is expressly disclaimed. Both parties submit to personal jurisdiction in Texas and further agree that any cause of action relating to this Agreement shall be brought in a court in Travis County, Texas. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Licensor's failure to act with respect to a breach by you or others does not waive Licensor's right to act with respect to subsequent or similar breaches. You may not assign or transfer this Agreement or your rights hereunder, and any attempt to the contrary is void.  Except as provided above, this Agreement may not be amended except in a writing signed by both parties.

All questions concerning this Agreement shall be directed to: 

Really Easy Internet, Inc. 
3925 Braker Lane
Austin, Texas 78759
Attention: General Counsel. 

End-User License Agreement  11/19/1999