END-USER LICENSE AGREEMENT This End-User License Agreement ("EULA") is a legal agreement between you, either an individual or a single entity ("Customer" or "you"), and ServerObjects Inc. ("ServerObjects"). By installing, copying, or otherwise using the above software product, including computer software, associated media, any printed materials, and any "online" or electronic documentation (the "Software"), you agree to be bound by the terms of this EULA. CLICKING "I AGREE" OR INSTALLING OR USING THE SOFTWARE INDICATES YOUR CONSENT TO BE BOUND BY ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT. If you do not agree to the terms of this EULA, (a) promptly return the unused Software to your supplier for a full refund or (b) write to ServerObjects Inc. with a request to modify any term of this License. Please allow 4 weeks for a response. 1. GRANT OF LICENSE The Software is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The Software is licensed, not sold. Any rights not explicitly granted under this EULA are hereby reserved. Provided you have paid all applicable fees and registered the Software with ServerObjects Inc., the EULA grants you the following personal, non-exclusive, non-transferable rights: (a-1) If the Software is licensed by CPU you may use use the Software on as many computers as you have paid ServerObjects Inc. a licensing fee for. For example, if you have paid for a 1 CPU license you may use the Software on a single CPU computer operating as a Web server which may be attached to a local area network or the Internet; if you have a multiple CPU license you may use the Software on as many CPUs as you have purchased licenses for; if have purchased a site license you may use the Software on an unlimited number of CPUs at a single business site of a single business entity; if you have purchased an Enterprise license you may use the Software at any business site worldwide; this Software license does not grant redistribution rights; you may copy the Software for archival purposes, provided any copy must contain all of the original Software's proprietary notices. (a-2) If the Software is licensed by user the following terms apply: you may use the Software on any single computer; you may use the software on any single computer operating as a Web server attached to a local area network or the Internet; you may use the Software on a local area network, provided that each person accessing the Software directly through the local area network must have a copy licensed to that person; or copy the Software for archival purposes, provided any copy must contain all of the original Software's proprietary notices. This Software license does not grant redistribution rights. (b) You may not decompile, disassemble, extract or otherwise reverse engineer any of the Software. You shall not have the right to obtain or use any source code for the Software, nor copy, reproduce, or distribute the Software. You agree not to rent or lease the Software, nor use the Software to render time sharing or service bureau services. (c) ServerObjects Inc retains title to the Software in all forms whatsoever. (d) All rights not expressly granted herein are reserved by ServerObjects Inc. 2. WARRANTY, REMEDY AND LIMITATIONS (a) ServerObjects warrants only that the Software will perform in substantial accordance with the accompanying documentation for ninety (90) days following your receipt of the Software. (b) Some states do not allow certain warranty limitations, so the restrictions of this Section 2 will apply only to the full extent permitted by applicable law. (c) ServerObjects's entire liability and your exclusive remedy for any claim you may have against ServerObjects shall be, at ServerObjects's option, (i) return of amounts paid for the applicable Software; or (ii) repair or replacement of Software which does not meet the above limited warranty; provided you return the Software to ServerObjects. In no event shall ServerObjects Inc's total liability to Licensee for all damages, losses, and causes of action (whether in contract, tort (including negligence) or otherwise) exceed the amount paid by Licensee for the Software. (d) EXCEPT AS PROVIDED ABOVE, THE SOFTWARE IS PROVIDED "AS IS" AND WITHOUT WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Customer assumes all risks as to selection, quality, installation, results and performance. ServerObjects does not warrant that the Software will meet Customer's requirements or that the operation of the Software will be uninterrupted or error free. (e) NEITHER ServerObjects NOR ANY OF ITS SUPPLIERS SHALL BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION LOSS OF BUSINESS OR PROFITS, BUSINESS INTERRUPTION OR DELAY, LOSS OR INABILITY TO USE DATA), EVEN IF ServerObjects OR ANY OF ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. (f) THE ABOVE WARRANTIES ARE EXCLUSIVE AND NO OTHER WARRANTIES ARE MADE BY ServerObjects Inc OR ITS LICENSORS, WHETHER EXPRESSED OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. 3. BREACH AND TERMINATION. (a)The license will terminate automatically if Customer fails to comply with the limitations described herein. On termination, Customer must destroy all copies of the Software, including documentation. Otherwise, this EULA shall remain in force until terminated. Customer may terminate this EULA at any time by destroying all copies of the Software and providing notice thereof to ServerObjects. (b)Upon termination of this Agreement, all rights and licenses granted hereunder shall immediately terminate and all Software and other Proprietary Information of ServerObjects Inc in the possession of Licensee or under its control, shall be immediately returned to ServerObjects Inc. End user licenses properly granted pursuant to this Agreement and prior to termination of this Agreement shall not be diminished or abridged by the termination of this Agreement. 4. GENERAL (a)This EULA shall be governed by and construed under the substantive laws of the State of Texas, United States of America, without regard to choice of law provisions. If any provision of this EULA is held to be unenforceable, the enforceability of the remaining provisions shall in no way be affected or impaired thereby. 5. LICENSE FEES. (a)This license shall have no force or effect unless and until Licensee shall have submitted to ServerObjects Inc all applicable license fees in full. All such fees are exclusive of any taxes, duties, licenses, fees, excises or tariffs now or hereafter imposed on Licensee's production, licensing, sale, transportation, import, export or use of the Software or Licensee Programs, all of which shall be the responsibility of Licensee, other than taxes attributable to ServerObjects Inc. net income. 6. U.S. GOVERNMENT RESTRICTED RIGHTS If Customer is acquiring the Software, including documentation on behalf of the U.S. Government, the following provisions apply. The Software and Documentation are "commercial items" as defined in 48 C.F.R. 2.101 (Oct. 1995), consisting of "commercial computer software" and "commercial computer software documentation" as used in 48 C.F.R. 12.212 (Sept. 1995) and 48 C.F.R. 227-7202 (June 1995). Use, reproduction, or disclosure by the U.S. Government is subject to the restrictions of this license and 48 C.F.R. 52.227-19(c) (June 1987), 48 C.F.R. 1852.227-86(d) or similar or successor provisions as applicable.