END-USER SOFTWARE LICENSE AGREEMENT If you are under the age of 18 (eighteen), please have a parent or guardian read the entire End-User License Agreement prior to installing or copying or otherwise using the Software product. This license statement and limited warranty constitutes a legal agreement ("License Agreement") between you and Cybiko, Inc. ("Cybiko") for the Software product identified above, including any media and accompanying on-line or printed documentation (collectively referred to herein as "Software"). You should carefully read the following terms and conditions before using the Software. Your use of the Software means that you accept these Terms and Conditions. If you do not agree with these terms and conditions, then Cybiko is unwilling to license the Software to you, and you should not use the Software. By installing, downloading, copying, or otherwise using the Software, you acknowledge that you have read these terms and conditions, understand them, and agree to be bound by them. If you do not agree to these terms and conditions, you are not authorized and may not use the Software. Subsequent versions of the Software may or may not be distributed under these terms, and may or may not be compatible with this version of the Software, as determined by Cybiko in its sole discretion. TERMS OF USE You may use the Software on a single computer for your personal, non-commercial internal use only, unless specifically licensed to do otherwise by Cybiko. This is a license, not a transfer of title, and you may not, nor permit anyone else to, (a) modify the Software or use it for any commercial purpose or public display, performance, sale or rental; (b) decompile, reverse engineer, disassemble, or create derivative works based on the Software in whole or in part; (c) remove any copyright or other Cybiko proprietary notices. You may not assign or otherwise transfer any of your rights under this License Agreement. You may copy and distribute copies of Software as long as it remains unchanged. The Software Product is licensed for use as a single product, and the component parts of the Software Product may not be separated for use in any other application(s). By distributing the Software, you indicate your acceptance of this license to do so, and all its terms and conditions for copying and distributing it. Nothing other than this license grants you permission to distribute the Software or works created using the Software. If you do not accept these terms and conditions, do not distribute the Software. YOUR OBLIGATIONS UNDER THIS AGREEMENT If you distribute any written or printed material at all with the Software, such material must include either a written copy of this License, or a prominent written indication that the Software is covered by this License and written instructions for printing and/or displaying the copy of the License on the distribution medium. Distribution of the Software or any work based on the Software to any third party is prohibited if any payment is made in connection with such distribution, whether directly (as in payment for a copy of the Software) or indirectly (as in payment for some service related to the Software, or payment for some product or service that includes a copy of the Software "without charge"; these are only examples, and not an exhaustive enumeration of prohibited activities). The following methods of distribution involving payment shall not in and of themselves be a violation of this restriction: Posting the Software on a public access information storage and retrieval service for which a fee is received for retrieving information (such as an on-line service), provided that the fee is not content-dependent (i.e., the fee would be the same for retrieving the same volume of information consisting of random data) and that access to the service and to the Software is available independent of any other product or service. An example of a service that does not fall under this section is an on-line service that is operated by a company and that is only available to customers of that company. (This is not an exhaustive enumeration.) Cybiko is not responsible for any works created using the Software. This license terms and conditions do not apply to works created by you using this Software. Author(s) of a work created using this Software are fully responsible for the content and performance of the created work. PROPRIETARY RIGHTS The Software is protected by national copyright laws and international copyright treaties. Cybiko and/or its licensors retain all proprietary rights in or related to the Software. You are granted only the limited rights specified in this License Agreement. Nothing in this License Agreement grants you any right to receive updates, upgrades or new versions of the Software. DISCLAIMER THE SOFTWARE IS PROVIDED "AS-IS." CYBIKO MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE SOFTWARE OR ITS OPERATION. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, CYBIKO DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES OF NON-INFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW OR OTHERWISE GOVERN THE SCOPE OF EXCLUSIONS OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY IN FULL. LIMITATION OF LIABILITY UNDER NO CIRCUMSTANCES WILL CYBIKO BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL OR INCIDENTAL DAMAGES OR LOSSES, WHETHER FORESEEABLE OR UNFORESEEABLE, BASED ON YOUR CLAIMS OR THOSE OF YOUR CUSTOMERS (INCLUDING CLAIMS FOR LOSS OF DATA, GOODWILL, PROFITS, USE OF MONEY, COMPUTERS OR THE PROGRAMS, INTERRUPTION IN THE USE OR AVAILABILITY OF DATA, STOPPAGE OF WORK OR OTHER IMPAIRMENT OF ASSETS), ARISING OUT OF BREACH OR FAILURE OF WARRANTY, BREACH OF CONTRACT, MISREPRESENTATION, NEGLIGENCE, STRICT LIABILITY IN TORT OR OTHERWISE. THIS EXCLUSION AND LIMITATION WILL NOT APPLY ONLY IF AND TO THE EXTENT THAT APPLICABLE LAW REQUIRES LIABILITY BEYOND AND DESPITE THIS EXCLUSION AND LIMITATION. INDEMNITY You shall indemnify, defend and hold Cybiko and the Cybiko Parties harmless from and against any claims or lawsuits (including reasonable attorneys fees) that arise or result from your use or distribution of the Software. TERMINATION Cybiko may terminate this License Agreement at any time if you are in breach of any of these terms and conditions of use. Upon such termination you must and agree to immediately destroy all copies of the Software. EXPORT CONTROLS You acknowledge that you are not a national or resident of Cuba, Libya, North Korea or any other country under current trade embargo by the U.S. Government and agree not to download or otherwise export or re-export the Software or related technical data, or direct products thereof, into any such country. RESTRICTED RIGHTS Use, duplication or disclosure by the U.S. Government or any of its agencies is subject to restrictions set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS §252.227-7013 and/or the Commercial Computer Software Restricted Rights clause FAR §52.227.19(c). Cybiko, Inc., One Tiffany Pointe, Suite 105, Bloomingdale, IL 60108. APPLICABLE LAW AND NOTICE This License Agreement states the entire agreement between us with respect to the Software and overrides the terms of any purchase order that you may place with us. This License Agreement and any and all claims relating to the Software shall be governed by the laws of the State of Illinois without regard to or application of choice of law rules or principles, and may be modified or supplemented only in writing signed by both of us. The web site through which this Software may be downloaded is controlled by Cybiko from its facilities in the United States of America. Cybiko makes no representations that the Software is appropriate or available for use in other locations. Those who download this Software from other jurisdictions do so at their own volition and are responsible for compliance with local law. You may not use or export this Software in violation of U.S. exports laws and regulations. You agree to exclude the U.N. Convention of Contracts for the International Sale of Goods, if applicable. SEVERABILITY The terms and conditions stated in this Agreement are declared to be severable. If any paragraph, provision, or clause in this Agreement shall be found or be held to be invalid, or unenforceable in any jurisdiction in which this Agreement is being performed, the remainder of this Agreement shall be valid and enforceable and the parties shall use good faith to negotiate a substitute, valid and enforceable provision which most nearly effects the parties' intent in entering into this Agreement. AMENDMENTS Cybiko may amend these terms and conditions at any time by a notice on its web site, which shall be binding upon you; accordingly, we urge you to visit the Cybiko web site periodically to review the then current and effective terms and conditions for use of the Software, as well as the Cybiko web site and service. You may not revise or amend these terms and conditions without the prior written authorization of an officer of Cybiko. Certain provisions of these terms and conditions may be superceded by expressly designated legal notices or terms located within the Cybiko web site. NO WAIVER No delay or failure to take action under these terms and conditions will constitute a waiver by Cybiko unless expressly waived in writing by a duly authorized officer of Cybiko. If you are having trouble with our Software, please contact our Support Staff at support@cybiko.com or call 1-877-4-CYBIKO. Copyright (c) 2001 Cybiko, Inc. All rights reserved. All trademarks, service marks and logos are owned by Cybiko, Inc. All other product or brand names are trademarks of their respective owners.